Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-lrf7s Total loading time: 0 Render date: 2024-07-30T14:11:28.208Z Has data issue: false hasContentIssue false

15 - Oedipus Lex: The Trial of Charles I

from PART II - CONFLICT OF LAWS: 1500–1766

Published online by Cambridge University Press:  05 May 2015

Harry Potter
Affiliation:
Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
Get access

Summary

The King can do no wrong, that is, no Process can be granted against him.

John Selden, Table Talk

If ever a lawless act was defensible on the principle of self-preservation, the murder of Charles might be defended.

Samuel Taylor Coleridge, Notes on English Divines

Charles, when he felt financially secure enough, ignored the Petition of Right and dissolved parliament. He would rule alone, enforcing his will through the Court of Star Chamber. He resorted to an alternative form of taxation, raising finance by levying Ship Money – to pay for a navy – and by fining those who opposed his demands. For over a decade parliament's doors were locked and the king ruled on his own meagre wits and resources. After a costly military fiasco against the Scottish Covenanters, provoked into opposition by Charles's attempts to impose episcopacy in Scotland, the king, in 1640, was forced to recall parliament to raise money. Parliament and king remained at loggerheads.

One head had to fall: Thomas Wentworth, earl of Strafford would be for the chop. He was put on trial at Westminster Hall for high treason, but defended himself so ably that the Commons, fearing that he would be acquitted, was reduced to deploying a parliamentary device to bypass the proceedings. The House preferred a Bill of Attainder against Strafford. This would ensure the required end simply by declaring that his death was necessary for the safety of the realm. The same device would do for Laud in due course. Charles cravenly gave way and assented to Strafford's attainder and beheading, a fate which he had promised ‘upon the word of a king’ would never befall his loyal servant, a betrayal for which he never forgave himself, and a humiliation which forever rankled. Charles had broken his royal oath, and sacrificed his own minister. His lesser subjects were more than justified in not trusting in their king's word.

Type
Chapter
Information
Law, Liberty and the Constitution
A Brief History of the Common Law
, pp. 133 - 148
Publisher: Boydell & Brewer
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×