Neither Cromwell nor his brother-officers had an inkling of this. To them Charles, in refusing this final overture, had asserted his right to be the persecutor of the godly and the obstructor of all beneficent legislation. Their patience was at length exhausted. On January 1, 1649, an ordinance was sent up to the Lords creating a High Court of Justice for the trial of the King, accompanied by a resolution that 'by the fundamental laws of this kingdom it is treason in the King of England for the time being to levy war against the Parliament and Kingdom of England'. 'If any man whatsoever,' said Cromwell when this ordinance was under debate, 'hath carried on the design of deposing the King, and disinheriting his posterity; or, if any man hath yet such a design, he should be the greatest traitor and rebel in the world; but since the Providence of God hath cast this upon us, I cannot but submit to Providence, though I am not yet provided to give you advice'. In the last words were the last symptoms of hesitation on Cromwell's part. Somehow or other all his efforts to save Charles from destruction had failed, and it was as much in Cromwell's nature to attribute the failure to Providence as it was in Charles's nature to regard himself as the earthly champion of the laws of God. The House of Lords having refused to pass the ordinance, the House of Commons declared 'the people to be, under God, the original of all just power,' and in consequence, 'the Commons of England in Parliament assembled' to be capable of giving the force of law to their enactments. From this time forth the name of an Act was given to the laws passed by a single House. On January 6, such an Act erected a High Court of Justice for the trial of the King, on the ground that he had had a wicked design to subvert his people's rights, and with this object had levied war against them, and also, having been spared, had continued to raise new commotions. Therefore, that no chief officer or magistrate might hereafter presume to contrive the enslaving or destroying of the nation, certain persons were appointed by whom Charles Stuart was to be tried.