His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice, which he intended to deliver in writing on Munday January 22, 1648.
Faithfully transcribed out of the originall Copie under the Kings own hand.
H Aving already made my protestations not only 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 refer 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 me at this time to be silent: For, how can any free-born Subject of England call life or any thing he possesseth his own, 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 belief upon My Subjects.
Hereabout I was stopt, and not suffered to speake any more concerning Reasons.
There is no proceeding just against any man, but what is warranted either by Gods Laws, 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 cleerly warranted and strictly commanded both in the Old and New Testament; which if denied, I am ready 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 Laws 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 self (as is well known to all Lawyers) I leave to God and the World to judge; And it were full as strange that they should pretend to make Laws 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 Kingdom, 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 far are 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 Laws, 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 dayes 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 thereunto, 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 Laws and Liberties of this Kingdom, 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 deterr'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 Kingdom is not the least in my thoughts; and what hopes of settlement is there so long as power raignes without rule of Law, changing the whole frame of that government under which this Kingdom hath flourished for many hundred years, (nor will I say what will fall out in case this lawlesse unjust proceeding against me do go on) & 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 raign of Q. Elizabeth, the King my Father and my self, untill the beginning of these unhappy troubles, and wil have cause to doubt that they shall never be so happy under any new. And by this time it will be too sensibly evident, that the Armes I took up were only to defend the fundamentall Laws 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 Judgment, shewing me that I am in an error (and then truly I will readily answer) or that you will withdraw your proceedings.
This I intended to speake in Westminster-Hall on Monday 22. January, but against reason was hindered to shew my Reasons.