Abstract

This article exonerates Charles I and Attorney General Sir Robert Heath from charges that they tampered with the records of the court of King's Bench in the Five Knights' Case. It refutes allegations made by John Selden in the parliament of 1628 and repeated by modern historians. Selden's attack on Heath and the king's government was based on a fundamental misunderstanding of the nature of King's Bench enrolments and a radical view of the crown's intentions in imprisoning loan resisters. The view that Charles was attempting to establish the prerogative right to imprison opponents without remedy at common law has no basis in either the arguments presented during the Five Knights' Case or the king's behaviour both before and during the parliament. By accepting the most radical critique of Caroline government at face value, historians have concluded that Charles was attempting to establish a ‘legal tyranny’. This article rejects these views.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.