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A79058 His majesties reasons against the pretended iurisdiction of the high Court of Iustice which he intended to deliver in vvrititing [sic] on Munday Ianuary 22. 1648. Faithfully transcribed out of the originall copie under the kings own hand. Charles I, King of England, 1600-1649. 1649 (1649) Wing C2740; Thomason 669.f.13[81]; ESTC R211203 2,279 1

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HIS MAJESTIES REASONS Against the pretended Iurisdiction of the high Court of Iustice which he intended to deliver in VVrititing on Munday Ianuary 22. 1648. Faithfully transcribed out of the Originall Copie under the Kings own Hand HAving already made my protestations not onely against the illegality of this pretended Court but also that no earthly power can justly call me who am your King in question as a Delinquent I would not any more open my mouth upon this occasion more then to referre my selfe to what I have spoken were I alone in this case concerned But the duty I owe to God in the preservation of the true Liberty of my People will not suffer mee at this time to be silent For how can any free-born Subject of England call life or any thing he possesseth his owne if power without right daily make new and abrogate the old fundamentall Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have indeavoured to have satisfied me concerning these grounds which hinder me to Answer to your pretended impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge me nor indeed the meanest man in England for I will not like you without shewing a reason seek to impose a beliefe upon my Subjects There is no proceeding just against any man but what is warranted either by Gods Lawes or the municipall Lawes of the Country where he lives Now I am most confident that this daies proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is Power and who may say unto him what doest thou Eccles. 8.4 Then for the Lawes of this Land I am no lesse confident that no learned Lawyer will affirme that an impeachment can lie against the King they all going in his name and one of their Maximes is that the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what authority warranted by the fundamentall Lawes of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it selfe as is well known to all Lawyers I leave to God and the World to judge And it were fall as strange that they should pretend to make Lawes without King or Lords-House to any that have heard speak of the Lawes of England And admitting but not granting that the people of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so farlare you from having it Thus you see that I speak not for my own right alone as I am your King but also for the true Liberty of all my Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the Priviledges of both Houses of Parliament which this daies proceedings doth not only violate but likewise occasion the greatest breach of their Publike Faith that I beleeve ever was heard of with which I am far from charging the two Houses for all the pretended Crimes laid against me bear date long before this late Treaty at Newport in which I having concluded as much as in me lay and hopefully expecting the two Houses agreement there unto I was suddenly surprized and hurried from thence as a prisoner upon which accompt I am against my will brought hither where since I am come I cannot but to my power defend the ancient Lawes and Liberties of this Kingdome together with my own just right then for any thing I can see the higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deter'd from sitting so as if I had no other this were sufficient for me to protest against the lawfulnesse of your pretended Court Besides all this the peace of the Kingdome is not the least in my thoughts and what hopes of settlement is there so long as power reigns without rule of Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred yeares nor will I say what will fall out in case this lawlesse unjust proceeding against me do go on and beleeve it the Commons of England will not thanke you for this change for they will remember how happy they have been of late years under the Reign Q. Elizabeth the King my Father and my selfe untill the beginning of these unhappy troubles and will have cause to doubt that they shall never be so happy under anie new And by this time it will be too sensibly evident that the Armes I tooke up were onely to defend the fundamentall Lawes of this Kingdom against those who have supposed my power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended authority without violating the trust which I have from God for the welfare and liberty of my People I expect from you either clear Reasons to convince my Judgement shewing me that I am in an error and then truely I will readily answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against reason was hindered to shew my Reasons Printed in the Yeer 1648. Hereabout I was stopt and not suffered to speak any more concerning Reasons