Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

Westminster-Hall, Tuesday, Jan. 23. Afternoon.

O Yes made, Silence commanded. The Court called; Seventy one present.

The King brought in by the Guard, looks with a Majestick Countenance upon his pre∣tended Judges, and sits down.

After the second O yes, and Silence commanded, Cooke began more insolently;

May it please your Lordship, my Lord President, this is now the third time that, by the great grace and favour of this High Court, the Prisoner hath been brought to the Bar, before any Issue joyned in the Cause. My Lord, I did at the first Court exhibite a Charge against him, containing the Highest Treason that ever was wrought upon the Theatre of England, That a King of England, trusted to keep the Law, that had taken an Oath so to do, that had Tribute pay'd him for that end, should be guilty of a wicked Design to subvert and destroy our Laws, and introduce an Arbitrary and Ty∣rannical Government, in the defence of the Parliament and their Authority, set up his Standard for War against the Parliament and People: and I did humbly pray, in the behalf of the People of England, that he might speedily be required to make an An∣swer to the Charge.

But, My Lord, in stead of making any Answer, he did then dispute the Authority of this High Court. Your Lordship was pleased to give him a further day to consider, and to put in his Answer; which day being yesterday, I did humbly move, that he might be re∣quired to give a direct and positive Answer, either by denying or confession of it: But, my Lord, he was then pleased for to demur to the Jurisdiction of the Court, which the Court did then over-rule, and command him to give a direct and positive Answer.

My Lord, besides this great delay of Justice, I shall now humbly move your Lordship for speedy Judgment against him. My Lord, I might press your Lordship upon the whole, that according to the known rules of the Law of the Land, That if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable Plea, guilty or not guilty of the Charge given against him, whereby he may come to a fair Tryal, that as by an implicite confession it may be taken pro confesso, as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done. But besides, my Lord, I shall humbly press your Lordship upon the whole fact. The House of Commons, the Supreme Authority and Jurisdiction of the Kingdom, they have declared, That it is notorious that the matter of the Charge is true; as it is in truth, my Lord, as clear as Crystal, and as the Sun that shines at noon day: which if your Lordship and the Court be not satisfied in, I have notwithstanding, on the People of England's behalf, several Witnesses to produce. And therefore I do humbly pray, (and yet I must confess it is not so much I, as the innocent blood that hath been shed, the Cry whereof is very great for Justice and Judgment, and therefore I do humbly pray) that speedy Judgment be pronounced against the Prisoner at the Bar.

Bradshaw went on in the same strain,

Sir, you have heard what is moved by the Counsel on the behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget, what di∣latory dealings the Court hath found at your hands. You were pleased to propound some Questions; you have had your Resolution upon them. You were told over and over again, that the Court did affirm their own Jurisdiction; That it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England, from which there is no Appeal, and touching which there must be no dispute: yet you did persist in such carriage, as you gave no manner of Obedience, nor did you acknowledge any authority in them, nor the High Court that constituted this Court of Justice.

Sir, I must let you know from the Court, that they are very sensible of these delays of yours, and that they ought not, being thus authorized by the supreme Court of Eng∣land, to be thus trifled withal, and that they might in Justice, if they pleased, and ac∣cording to the rules of Justice, take advantage of these delays, and proceed to pronounce Judgment against you: yet nevertheless they are pleased to give direction, and on their behalfs I do require you, that you make a positive Answer unto this Charge that is against you. Sir, in plain terms, (for Justice knows no respect of Persons) you are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to your Charge.

The King, after a little pause, said,

When I was here yesterday, I did desire to speak for the Liberties of the People of England: I was interrupted: I desire to know yet whether I may speak freely or not.

Bradshaw,

Sir, you have had the Resolution of the Court upon the like Question the last day, and you were told, That having such a Charge of so high a nature against you, your work was, that you ought to acknowledge the Jurisdiction of the Court, and to answer to your Charge. Sir, if you answer to your Charge, which the Court gives you leave now to do, though they might have taken the advantage of your Contempt, yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best Defence you can. But, Sir, I must let you know from the Court, as their Commands, that you are not to be permitted to issue out into any other discourses, till such time as you have given a positive Answer concerning the matter that is charged upon you.

KING.

For the Charge, I value it not a rush. It is the Liberty of the People of England that I stand for. For Me to acknowledge a new Court that I never heard of before, I that am your King, that should be an Example to all the People of England for to uphold Justice, to maintain the old Laws; indeed I do not know how to do it.

You spoke very well the first day that I came here, on Saturday, of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People; the same Obligation you spake of I do acknowledge to God, that I owe to Him and to My People to defend, as much as in Me lies, the ancient Laws of the Kingdom: therefore until that I may know that this is not against the Fundamental Laws of the Kingdom, by your favour, I can put in no particular Charge. If you will give Me time, I will shew you My Reasons why I cannot do it, and this—

Here being interrupted, He said,

By your favour, you ought not to interrupt Me.

How I came here, I know not; there's no Law for it, to make your King your Pri∣soner. I was in a Treaty upon the Publick Faith of the Kingdom, that was the known— two Houses of Parliament that was the Representative of the Kingdom; and when that I had almost made an end of the Treaty, then I was hurried away, and brought hither; and therefore—

Bradshaw.

Sir, you must know the pleasure of the Court.

KING.

By your favour, Sir.

Bradshaw.

Nay, Sir, by your favour, you may not be permitted to fall into those dis∣courses: you appear as a Delinquent; you have not acknowledged the Authority of the Court. The Court craves it not of you; but once more they command you to give your positive Answer.

Clerk, Do your Duty.

KING.

Duty, Sir!

The Clerk reads;

Charles Stuart, King of England, you are accused, in the behalf of the Commons of England, of divers high Crimes and Treasons, which Charge hath been read unto you: the Court now requires you to give your positive and final Answer by way of Confes∣sion or Denial of the Charge.

KING.

Sir, I say again to you, so that I might give satisfaction to the People of England of the clearness of My Proceeding, not by way of Answer, not in this way, but to satisfie them that I have done nothing against that Trust that hath been com∣mitted to Me, I would do it: but to acknowledge a new Court against their Privileges, to alter the Fundamental Laws of the Kingdom, Sir, you must excuse Me.

Bradshaw.

Sir, this is the third time that you have publickly disown'd this Court, and put an Affront upon it. How far you have preserv'd the Privileges of the People, your Actions have spoke it; but truly, Sir, mens Intentions ought to be known by their Actions: you have written your meaning in bloody Characters throughout the whole Kingdom.

But, Sir, you understand the pleasure of the Court.

Clerk, record the Default.

And, Gentlemen, you that took charge of the Prisoner, take him back again.

KING.

I will only say this one word more to you; If it were only My own parti∣cular, I would not say any more nor interrupt you.

Bradshaw.

Sir, you have heard the pleasure of the Court, and you are (notwithstan∣ding you will not understand it) to find that you are before a Court of Justice.

Then the King went forth with the Guard.

And Proclamation was made, That all persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber, to which place the Court did forthwith ad∣journ, and intended to meet in. Westminster-Hall by ten of the Clock next morning.

Cryer.

God bless the Kingdom of England.

Notes

• defiance.
• Answer.