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By Root 1197 0

with him, with a full and free yielding on his part… might in charitable construction be just (possibly) safe and beneficial’.17 This was hard to sell to men who believed that Charles was a man of blood on whom God demanded judgement,18 but that was not the opinion of the whole army. Equally problematically, there was little in his character or record to encourage the hope that he would be contrite. Nonetheless, the possibility was raised: killing him was not the main point. The real problem the army was addressing was how to get a just, safe and beneficial settlement. As things stood – the King unrepentant and still bent on conflict when he could manage it – there was no possibility of such a settlement by personal treaty. If he repented, or submitted to judgement, that might become possible – in particular, if he pleaded guilty, he need not die.

Putting the King on trial was also a means of demonstrating that his interests were subject to the authority of the representative of the people. The army’s political intervention was justified, it was argued, because they were acting on behalf of the people: pursuit of their own rights had thus been transformed into a defence of English freedoms. The Remonstrance opens with an appeal to the principle of salus populi, acknowledging that the principle is easily abused, but asking whether that is best served by a personal treaty with the King. It goes on to argue that in order to avoid future wars the people’s good must be at the centre of government, and that there must be a permanent safeguard against the use of government to pursue personal or private interests. Only a true representative of the people, with power over all persons, could guarantee this. Constitutional reform and the submission of the King to the power of the people’s representative were the two crucial elements of this constitutional settlement. The authority of this representative lay in reason and the law of nations, not custom or tradition, so that ‘if they [the people’s representative] find the offence, though not particularly provided against by particular laws, yet against the general law of reason or nations and the vindication of the public interest to require justice;… in such case no person whatsoever may be exempt from such account or punishment’.19 Clearly this aims at the King, who was throughout the Remonstrance and at his trial accused of pursuing a personal interest in upholding and extending his prerogative power against the interest of the people. But it goes on to say that no-one should ‘have power to protect others from their judgment or (without [the people’s representative’s] consent) to pardon whom they have judged’. The authority of the representative of the people was asserted by making the King answerable, and unable to excuse his friends.20

The Remonstrance, though, sought to base the constitutional settlement not in custom, law or tradition, but in popular sovereignty: in that context the purpose of a trial would be to establish the ultimate source of authority by demonstrating that the King was answerable to the people. Another lengthy section lays out the need to limit the life of each parliament, since perpetual parliaments are open to manipulation and corruption, not least by the King. A regular succession of parliaments, with rules for election, is argued to be the only means to safeguard settlement, again suggesting that restoring him to his throne is one of the possible outcomes. Such a constitutional settlement, however, would not be safe so long as he was considered ‘above any human justice, and not accountable to, or not punishable by any power on earth, what ever he does’: the King must be admitted to trial and judgement as an example to his successors.21 Popular sovereignty restrained the will and interest of the King and was the guarantor of good government.22 An equal franchise would be introduced, but those who had engaged against Parliament would be excluded for a period of time, and those who did not subscribe to ‘a general contract or Agreement of the People’ would