Court, judgment was then prayed against him on the behalf of the people of England for his contumacy, and for the matters contained against him in the said charge, as taking the same for confessed, in regard of his refusing to answer thereto. Yet notwithstanding this Court (not willing to take advantage of his contempt) did once more require him to answer to the said charge; but he again refused so to do: upon which his several defaults, this Court might justly have proceeded to judgment against him, both for his contumacy and the matters of the charge, taking the same for confessed as aforesaid.

Yet nevertheless this Court, for its own clearer information and further satisfaction, have thought fit to examine witnesses upon oath and take notice of other evidences touching the matters contained in the said charge, which accordingly they have done.

Now therefore upon serious and mature deliberation of the premises, and consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in judgment and conscience satisfied that he, the said Charles Stuart, is guilty of levying war against the said Parliament and people, and maintaining and continuing the same; for which in the said charge he stands accused, and by the general course of his government, counsels, and practices, before and since this Parliament began (which have been and are notorious and public, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their judgments and consciences that he has been and is guilty of the wicked design and endeavours in the said charge set forth; and that the said war hath been levied, maintained, and continued by him as aforesaid, in prosecution and for accomplishment of the said designs; and that he hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of high treason, and of the murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation acted and committed in the said war, and occasioned thereby. For all which treasons and crimes this Court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by severing of his head from his body.

(Rushworth Collection, ed. cit., VII, 1418.)

163. The Death Warrant of the King

Rushworth's Collection

The death warrant of Charles I., however pathetic in its tragedy of misspent opportunities and of a monarch dying at the hands of his subjects, yet bears in its words the triumphant vindication of the will of the people as the real force and majesty of all law.

At the High Court of Justice for the trying and judging of Charles Stuart, King of England, Jan. 29, 1648.

Whereas Charles Stuart, King of England, is, and standeth convicted, attainted, and condemned of high treason, and other high crimes; and sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his head from his body; of which sentence, execution yet remaineth to be done: These are therefore to will and require you to see the said sentence executed in the open street before Whitehall, upon the morrow, being the 30th day of this instant month of January, between the hours of 10 in the morning and 5 in the afternoon of the same day, with full effect. And for so doing this shall be your sufficient warrant. And these are to require all officers, soldiers, and others, the good people of this nation of England, to be assisting unto you in this service.

To Col. Francis Hacker, Col. Huncks, and Lieut.-Col. Phray, and to every of them.

Given under our hands and seals.

John Bradshaw.

Thomas Grey.

Oliver Cromwell.

etc., etc.

(Rushworth Collection, ed. cit., VII, 1426.)

CHAPTER XXII

ENGLAND A COMMONWEALTH

Formal Declaration of the Commonwealth

Acts and Ordinances, Scobell

The Acts abolishing the office of king and the House of Lords were followed by the statute which declared England to be a commonwealth. Yet these enactments, while they close the first period of the English monarchy, did not promote a real democracy. The despotism of the king was succeeded by the despotism of the Lord Protector, and the change of government was only in name. The oath of fidelity required to be taken, ran as follows: "I do declare and promise that I will be true and faithful to the Commonwealth of England, as it is now established, without a King or House of Lords."

164. The Act Abolishing the Office of King

(May 17, 1649)

Acts and Ordinances, Scobell Whereas Charles Stuart, late King of England, Ireland, and the territories and dominions thereunto belonging, hath by authority derived from Parliament been and is hereby declared to be justly condemned, adjudged to die, and put to death, for many treasons, murders, and other heinous offences committed by him, by which judgment he stood, and is hereby declared to be attained to high treasons, whereby his issue and posterity, and all other pretending title under him, are become incapable of the said Crowns, or of being King or Queen of the said kingdom or dominions, or either or any of them; be it therefore enacted and ordained, and it is enacted, ordained, and declared by this present Parliament, and by authority thereof, that all the people of England and Ireland, and the dominions and territories thereunto belonging, of what degree or condition soever, are discharged of all fealty, homage, and allegiance which is or shall be pretended to be due unto any of the issue and posterity of the said late King, or any claiming under him; and that Charles Stuart, eldest son, and James called Duke of York, second son, and all other the issue and posterity of him the said late King, and all and

every person and persons pretending title from, by, or under him, are and be disabled to hold or enjoy the said Crown of England and Ireland, and other the dominions thereunto belonging, or any of them; or to have the name, title, style, or dignity of King or Queen of England and Ireland, Prince of Wales, or any of them; or to have and enjoy the power and dominion of the said kingdom and dominions, or any of them, or the honors, manors, lands, tenements, possessions, and hereditaments belonging or appertaining to the said Crown of England and Ireland, and other the dominions aforesaid, or to any of them; or to the Principality of Wales, Duchy of Lancaster or Cornwall, or any or either of them, any law, statute, ordinance, usage, or custom to the contrary hereof in any wise notwithstanding.

And whereas it is and hath been found by experience, that the office of a King in this nation and Ireland, and to have the power thereof in any single person, is unnecessary, burdensome, and dangerous to the liberty, safety, and public interest of the people, and that for the most part, use hath been made of the regal power and prerogative to oppress and impoverish and enslave the subject; and that usually and naturally any one person in such power makes it his interest to incroach upon the just freedom and liberty of the people, and to promote the setting up of their own will and power above the laws, that so they might enslave these kingdoms to their own lust; be it therefore enacted and ordained by this present Parliament, and by authority of the same, that the office of a King in this nation shall not henceforth reside in or be exercised by any one single person; and that no one person whatsoever shall or may have, or hold the office, style, dignity, power, or authority of King of the said kingdoms and dominions, or any of them, or of the Prince of Wales, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding.

And it is hereby enacted, that if any person or persons shall endeavour to attempt by force of arms or otherwise, or be aiding, assisting, comforting, or abetting unto any person or persons that shall by any ways or means whatsoever endeavour or attempt the reviving or setting up again of any pretended right of the said Charles, eldest son to the said late King, James called Duke of York, or of any other the issue and posterity of the said late King, or of any person or persons claiming under him or them, to the said regal office, style, dignity, or authority, or to be Prince of Wales; or the

promoting of any one person whatsoever to the name, style, dignity, power, prerogative, or authority of King of England and Ireland, and dominions aforesaid, or any of them; that then every such offence shall be deemed and adjudged high treason, and the offenders therein, their counsellors, procurers, aiders and abettors, being convicted of the said offence, or any of them, shall be deemed and adjudged traitors against the Parliament and people of England, and shall suffer, lose, and forfeit, and have such like and the same pains, forfeitures, judgments, and execution as is used in case of high treason.

And whereas by the abolition of the kingly office provided for in this Act, a most happy way is made for this nation (if God see it good) to return to its just and ancient right, of being governed by its own representatives or national meetings in council, from time to time chosen and entrusted for that purpose by the people, it is therefore resolved and declared by the Commons assembled in Parliament, that they will put a period to the sitting of this present Parliament, and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them, and with what is absolutely necessary for the preserving and upholding the Government now settled in the way of a Commonwealth; and that they will carefully provide for the certain choosing, meeting, and sitting of the next and future representatives, with such other circumstances of freedom in choice and equality in distribution of members to be elected thereunto, as shall most conduce to the lasting freedom and good of this Commonwealth.

And it is hereby further enacted and declared, notwithstanding any thing contained in this Act, no person or persons of what condition and quality soever, within the Commonwealth of England and Ireland, dominion of Wales, the islands of Guernsey and Jersey, and town of Berwick-uponTweed, shall be discharged from the obedience and subjection which he and they owe to the Government of this nation, as it is now declared, but all and every of them shall in all things render and perform the same, as of right is due unto the supreme authority hereby declared to reside in this and the successive representatives of the people of this nation, and in them only.

(A Collection of Acts and Ordinances of General Use, etc., ed. H. Scobell, Lond., 1698, II, 7.)