Abstract

Charles I was charged in the indictment before the High Court of Justice, at the trial before his execution, with entertaining “a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will.” To this end he had “traitorously and maliciously levied war against the present parliament.” It is usual to scoff at this. How could a king commit treason? Indeed he could not. Yet if he had set out to make himself a tyrant this was a grave offense which, though unknown to English law courts, had often been accounted in political theory as deserving death. The issue of treason is therefore without importance: however bad in law, there was certainly no lesser charge on which to bring a king to execution. The important question concerns tyranny.

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