Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
addresses to God, and in conferences with conscientious, upright,
unbiassed persons, proceeded to sign the sentence against the king.
Although he did not then believe but it might one day come to be again
disputed among men, yet both he and others thought they could not
refuse it without giving up the people of God, whom they had led forth
and engaged themselves unto by the oath of God, into the hands of
God's and their enemies; and therefore he cast himself upon God's
protection, acting according to the dictates of a conscience which he
had sought the Lord to guide; and accordingly the Lord did signalise
his favour afterward to him."[382]
_Question of Charles's execution discussed._--The execution of Charles
the First has been mentioned in later ages by a few with unlimited
praise, by some with faint and ambiguous censure, by most with
vehement reprobation. My own judgment will possibly be anticipated by
the reader of the preceding pages. I shall certainly not rest it on
the imaginary sacredness and divine origin of royalty, nor even on the
irresponsibility with which the law of almost every country invests
the person of its sovereign. Far be it from me to contend that no
cases may be conceived, that no instances may be found in history,
wherein the sympathy of mankind and the sound principles of political
justice would approve a public judicial sentence as the due reward of
tyranny and perfidiousness. But we may confidently deny that Charles
the First was thus to be singled out as a warning to tyrants. His
offences were not, in the worst interpretation, of that atrocious
character which calls down the vengeance of insulted humanity,
regardless of positive law. His government had been very arbitrary;
but it may well be doubted whether any, even of his ministers, could
have suffered death for their share in it, without introducing a
principle of barbarous vindictiveness. Far from the sanguinary
misanthropy of some monarchs, or the revengeful fury of others, he had
in no instance displayed, nor does the minute scrutiny since made into
his character entitle us to suppose, any malevolent dispositions
beyond some proneness to anger, and a considerable degree of
harshness in his demeanour.[383] As for the charge of having caused
the bloodshed of the war, upon which, and not on any former
misgovernment, his condemnation was grounded, it was as ill
established as it would have been insufficient. Well might the Earl of
Northumberland say, when the ordinance for the king's trial was before
the Lords, that the greatest part of the people of England were not
yet satisfied whether the king levied war first against the houses, or
the houses against him.[384] The fact, in my opinion, was entirely
otherwise. It is quite another question whether the parliament were
justified in their resistance to the king's legal authority. But we
may contend that, when Hotham, by their command, shut the gates of
Hull against his sovereign, when the militia was called out in
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