The JUDGMENT of Sir Orlando Bridgman, Declared in his CHARGE to the JURY at the Arraignment of the Twenty nine Regicides (the Murtherers of King CHARLES the First, of most Glorious Memory) began at Hicks-Hall on Tuesday the Ninth of October 1660, and continued at the Sessions-House in the Old-Baily, until Friday the Ninteenth of the same Month.
These are the very Words of Sir Orlando Bridgman, p. 10. in the Book of the Tryals.
I Must deliver for plain and true Law. That no Authority, no Single Person, no Community of Persons, not the People Collectively, or Representatively, have any Coer [...]ve Power over the King of England; and I do not speak mine own sense, but the words of the Laws unto you.
It was the Treason of the Spencers in King Edward the Second's time, in Colvin's Case, in the 7th Report, The Spencers had an Opinion, That all Homage and A legeance was due to the King by reason of the Crown, as they called it; and thereupon (say the Books and Records) they drew out this Execrable Inference (among others) That if the King did not demean himself according to kight, because he could not be reformed by Law, he might per Asperte [...], that is by sh [...]p Imprisonment.
But this was adjudged Horrid Treason by Two Acts of Parliament. [Let me tell you what our Law Books say, for there is the ground, out of which (and the Sea [...]utes together) we mast draw all our Conclusions for Matter of Government. How do they stile the King? They call him the Lieutenant of God, and many other Expressions. In the Book of 1 Hen. 7. says that Book there, The K [...] is Immediate from God, and hath no Superior. The Statute says, That the Crown of England is immediately subject to God and to no other Power. The King, says our Books, He is not only Caput Populs, the Head of the People, but Caput Re [...]public [...], the Head of the Common-wealth, the Three Estates. And truly thus our Statutes speak very fully. Common Experience tells you when we speak of the King, and so the Statutes of Edward the Third, we call the King, Our Sovereign Lord the King. Sovereign, that is, Supr [...]am. And when the Lords and Commons in Parliament apply themselves to the King, they use this Expression, Your Lords and Commons, your faithful subjects, humbly beseech. I do not speak any words of my own but the words of the Laws. In the Statute 24 Hen. 8 cap 12. 'tis thus exprest, Whereas by divers, sundry, old, authentick Histories and Chromcles, it is manifestly declared, That this Realm of England is an Empire, and so hath been accepted in the World, governed by one Supream Head and K [...] having the Dignity and Royal Estate of the Impersal Crown. 25 Hen. 8. c 21 there it is the people speaking of themselves, That they do recognize no Superior under God but only the Kings Grace. Gentlemen, You see if the King be immediate under God, he derives his Authority from no body else; if the King have and [...] I Power, if the King be Head of the Common-wealth, Head of the Body Politick; if the Body Politick owe him obedience, truly I think it is an undenied consequence, He must needs be Superior over them. The Imperial Crown is a word that is significative, you shall find in all Statutes, 1 Eliz. and 1 Jacobi, nay even in the Act of Judicial Proceedings of this Parliament it is called an Impertal Crown. They that take the Oaths of Allegeance and Supremacy, they swear, That they will to their power, assist and defend all Jurisdictions, Priviledges, Preheminencies, and Authorities granted or belonging to the King, his Hears and Successors, or annexed to the Imperial Crown of this Realm. What is an Imperial Crown? That, which as to the Goersive part, Is subject to no man under God, is not subject to any Humane Tribunal or Judicature whatsoever.
Gentlemen, Since this is so, consider the Oath of upremacy, which most men have taken or should take. All Men that enter into the Parliament House, they are expres [...]y enjoyn'd by Statute to take the Oath of Supremacy.
What says that Oath? We swear, That the King is the only Supream Governour within this Realm and Dominions. He is Supream, and the only Supream, and truly if he be Supream, there is neither Major nor Superior.
I declare this, to you, to let you know that the King is immediately subject to God, and so is not punishable by any Person. He is the Supream Head, he is not punishable by any Coersive Power, the Laws provide for that, The King can do no wrong; it is a Rule of Law, it is in our Law Books very frequent. 22 Ed. [...]. Lord Coke and many others. If he can do no wrong, he cannot be punished for any wrong. The King hath the infirmities and weakness of a man, but he cannot do any injury, at least not considerable in person. He must do it by Ministers, Agents, and Instruments. Now the Law, though it provide for the King yet if any of his Ministers do wrong, though by his Command; they are punishable. He is not to be touched, Touch not mine Anointed.
Thus far that great and eminent Lawyer, afterwards made Lord Keeper of the Great Seal of England by King Charles the Second of Ever blessed Memory. And if his Judgement be false, unto which most of the Lords of England, at least of the Privy Council, sitting with him, did assert, shall not we make Martyrs of the King's Regicides? To be sure they had hard measure, after the Reasons that were given by Mr. Cook and Mr. Scot for what they did, if this were not Law.