The full proceedings of the High Court of Iustice against King Charles in Westminster Hall, on Saturday the 20 of January, 1648 together with the Kings reasons and speeches and his deportment on the scaffold before his execution / translated out of the Latine by J.C. ; hereunto is added a parallel of the late wars, being a relation of the five years Civill Wars of King Henry the 3d. with the event of that unnatural war, and by what means the kingdome was settled again.

The First Dayes Pro∣ceeding of the High Court of Justice, &c.

THe Triall and the Ex∣ecution of the last King of England, be∣ing still as much the wonder as the dis∣course of Christendome: I shall indeavour to represent it to you, with the exactest faithfulness that can possibly be desired; and al∣though others have gone before me on the same subject, by the be∣nefit of time; I doubt not but that I shall exceed them by the advan∣tage of truth.

In the Supream Tribunal of Ju∣stice sitting at Whitehall in West∣minster, Serjeant Bradshaw being President, and about seventy o∣ther persons, elected to be his Judges, being present; the Cryer of the Court, having Proclaimed his Oyes, to invite the people to attention, silence was comman∣ded, and the Ordinance of the Commons in Parliament, in refe∣rence to the Examination of the King, was read, and the Court was summoned, all the Members there∣of arising as they were called.

The King came into the Court, his head covered, Serjeant Dendy, being remarkable by the Autho∣rity of his Mace, did Usher him in; Colonel Hatcher, and about thirty Officers and Gentlemen did at∣tend him as his Guard.

The Court being sat, the Lord President Bradshaw spake thus un∣to him.

Charls Stuart King of England, the Commons of England assem∣bled in Parliament, being touched with the sense of the Calamities which have happened to this Na∣tion, and of the innocent bloud spilt, of which you are accused to be the Author, have both accord∣ing to their office, which they ow unto God, this Nation and them∣selves, according to the power and fundamentall faith intrusted with them, by the people, Constituted this supream Court of Justice, be∣fore which you are now brought to hear your Charge, on which this Court will proceed.

Mr. Cook the Sollicitor Generall.

Sir, In the Name of the Commons of England, and of all the people thereof: I do charge Charls Stuart here present, as guilty of Treason and other great defaults, and in the name of the Commons of Eng∣land,

I require that his charge may be read unto him.

The King,

Stay a little.

L. President,

Sir The Court hath given order, that the Charge shall be read: If you have any thing afterwards to plead for your self, you may be heard: Hereupon the Charge was read.

THat the said Charls Stuart be∣ing admitted King of Eng∣land, and therein trusted with a li∣mitted Power, to govern by, and according to the laws of the Land, & not otherwise; And by his Trust, Oath, and Office, being obliged to use the Power committed to him, For the good and benefit of the Peo∣ple, and for the preservation of their Rights and Liberties; Yet neverthe∣lesse out of a wicked Designe, to e∣rect, and uphold in himself an un∣limitted and Tyrannical power, to

rule according to his Will, and to overthrow the Rights and liberties of the people; Yea, to take away, and make void the foundations therof, and of all redress and remedy of mis∣government, which by the funda∣mental constitutions of this king∣dome, were reserved on the peoples behalf, in the right and power of fre∣quent and successive Parliaments, or nationall meetings in Councel; he the said Charls Stuart, for accom∣plishment of such his designes, and for the protecting of himself and his adherents, in his and their wicked practises to the same ends, hath trai∣terously and maliciously leavied war against the present parliament, and the people therein represented.

Particularly, upon or about the thirtieth day of June, in the year of our Lord, One thousand six hundred fourty and two, at Beverly, in the County of York; and upon, or about

the 30^th day of July, in the year a∣foresaid, in the County of the City of York; and upon or about the twenty fourth day of August, in the same year, at the County of the town of Nottingham (when and where he set up his Standard of war;) And also on, or about the twenty third day of October in the same year, at Edg∣hill, and Keinton-field, in the Coun-of Warwick; and upon or about the thirtieth day of November, in the same year, at Brainchford, in the County of Middlesex: And upon, or about the thirtieth day of August in the year of our Lord, One thousand six hundred fourty and three, at Cavesham-bridge, neer Reding, in the County of Berks; and upon, or about the thirtieth day of October, in the year last mentioned, at, or neer the City of Glocester; and upon, or about the thirtieth day of Novem∣ber, in the year last mentioned, at

Newbury, in the County of Berks; And upon, or about the one and thir∣tieth day of July, in the year of our Lord, One thousand six hundred fourty & four, at Cropredybridge, in the County of Oxon; And upon, or about the thirtieth day of Se∣ptember, in the year last mentioned, at Bodmin, and other places neer ad∣jacent, in the County of Cornwall; And upon, or about the thirtieth day of November, in the year last men∣tioned, at Newbery aforesaid; And upon, or about the eighth day of June in the year of our Lord, One thousand six hundred fourty and five, at the Town of Leicester; And also, upon the fourteenth day of the same month, in the same year, at Naseby∣field, in the County of Northamp∣ton. At which severall times and places, or most of them, and at many other places in the land, at severall other times, within the years afore∣mentioned:

And in the year of our Lord, One thousand six hundred fourty and six; he the said Charls Stuart, hath caused and procured many thousands of the Free-people of the Nation to be slain; and by Divi∣sions, parties and insurrections, within this land, by invasions from Forraign parts, endevoured and pro∣cured by him, and by many other e∣vill wayes and means. He the said Charls Stuart, hath not onely main∣tained and carried on the said War, both by land and sea, during the year before mentioned; but also hath renewed, or caused to be renewed, the said war against the Parliament, and good people of this Nation, in this present year, One thousand six hun∣dred fourty and eight, in the Coun∣ties of Kent, Essex, Surry, Sussex, Middlesex, and many other Coun∣ties & places in England & Wales and also by sea; and particularly, he

the said Charls Stuart, hath for that purpose, given Commission to his Son the prince and others, whereby be∣sides multitudes of other persons, many such, as were by the parliament intrusted and imployed, for the safe∣ty of the nation, being by him and his agents, corrupted, to the betray∣ing of their Trust, and revolting from the parliament, have had entertain∣ment and commission, for the conti∣nuing and renewing of war and ho∣stility, against the said Parliament and People as aforesaid. By which cruel and unnatural wars by him, the said Charls Stuart, leavied, con∣tinued, and renewed as aforesaid, much innocent blood of the Free-people of this nation hath been spilt; many families have been un∣done, the publick treasury wasted and exhausted, trade obstructed, and miserably decayed; vast ex∣pence and dammage to the Nati∣on

incurred, and many parts of the land spoiled, some of them even to desolation.

And for further prosecution of his said evil designs, he the said Charls Stuart doth still continue his Com∣missions to the said Prince, and o∣ther Rebels and Revolters, both Eng∣lish and Forraigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters, associated with him; from whom further invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charls Stuart.

All which wicked designes, wars, and evill practises of him, the said Charls Stuart, have been and are carried on, for the advancing and upholding of the personall Interest of Will and Power, and pretended Pre∣rogative to himself and family, a∣gainst the publique interest, Common Right, Liberty, Justice and peace of

the people of the nation, by and for whom he was entrusted, as aforesaid.

By all which it appeareth, that he the said Charls Stuart, hath been, & is the occasioner, author, and contri∣ver of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murthers, rapines, burn∣ings, spiols, desolations, dammage & mischief to this nation, acted or com∣mitted in the said wars, or occasion∣ed thereby.

And the said John Cook, by pro∣testation (saving on the behalf of the people of England, the liberty of ex∣hibiting at any time hereafter, any other Charge against him the said Charls Stuart; and also of replying to the Answers which the said Charls Stuart shall make to the premises, or any of them, or any other Charge that shall be so Exhibited) doth, for the said treasons and crimes, on the be∣half of the said people of England, impeach the said Charls Stuart, as

a tyrant, traitor, murtherer, & a pub∣like, and implacable enemy to the common-wealth of England: And pray, That the said Charls Stuart King of England, may be put to an∣swer all and every the premises, that such proceedings examinations, try∣als, sentence, and judgment may be thereupon had, or shall be agreeable to justice.

The King was oftentimes obser∣ved to smile in indignation, during the reading of the Charge, especially, at the words: Tyrant, Traitor, Murderer, and publick enemy to the Common-wealth.

L. President

Sir, you have now heard the Charge read, con∣taining such matters, as do appear therein, you have observed that in the Conclusion thereof, It is re∣quired of the Court, in the Name of the Commons of England, that you answer to your charge, which the Court doth expect.

The King.

I would be satisfied by what power I am called hither? It is not long since that I was in the Isle of Wight, How I came thi∣ther, the story is longer than I I conceive fitting, in this place to declare; But I there entred upon a Treaty with both Houses of Parliament, with as much publick faith, as it is possible to be obtain∣ed from any people in the World. I there treated with a number of Honourable Lords and Gentle∣men, and I treated honestly and faithfully with them; I cannot say, but they dealt very ingeni∣ously with me; and we proceed∣ed so farr, that the Treaty was e∣ven concluded. Now I would understand by what Authority, (I mean lawfull) I am brought hi∣ther. There are many unlawfull Authorities in the world, as Thieves and Plunderers in the

high-wayes. I would know by what Authority I was taken from thence, and carried from place to place, I know not where? When I have understood the lawfulness of the Authority, I will make my Answer: In the mean time, re∣member that I am your King, your lawfull King; and weigh well with your selves, what sins you heap on your own heads, and the anger and judgments of God which you will bring upon this land, I say seriously, weigh it be∣fore you further do proceed from one sin to a greater. Therefore declare unto me, by what lawfull Authority I sit here, and I will not refuse to Answer you. In the mean time I will not betray my trust. I have a trust committed to me by God, by an ancient and lawfull succession, I will not betray that by answering to a new and an un∣lawfull

Authority; wherefore sa∣tisfie me in this, and you shall hear further from me.

L. President.

If you had but pleased to observe what the Court did suggest unto you, when you first came hither, you had under∣stood by what Authority you were brought hither; which Au∣thority doth require of you, in the Name of the People of England, by whom you are elected King, that you make answer to them.

King.

No Sir, I deny that.

L. President.

If you do not ac∣knowledge the Authority of the Court, they ought to proceed a∣gainst you.

King.

I tell them that England was never an Elective Kingdome, but hereditary, for almost, these two thousand years. Therefore declare unto me, by what Autho∣rity I am brought hither. I labour

more for the liberty of my peo∣ple then any of you, who pretend to be my Judges; and therefore I say, declare unto me, by what law∣full Authority I am placed here, and I will answer you; otherwise, I shall make no answer at all.

L. President.

Sir, how well you have administred, the power com∣mitted to you, is sufficiently known: The method of your Answering is to put Interrogato∣ries to the Court, which doth not become you in this Condition. Twice or thrice it hath been re∣presented to you.

King.

There is present here a Gentleman, Lievtenant Colonel Cobbet, demand of him, if he did not bring me from the Isle of Wight, by force: I come not hi∣ther to submit my self to this Court. I will do as much for the Priviledges of the House of Com∣mons,

rightly understood, as any other. I see not here the House of Lords, which is able to consti∣tute a Parliament, and the King ought to be the Super-intendent there. Is this to bring the King to his Parliament? Is this to bring the publick Treaty to an end, by the publick Faith of the world. Either show me your Authority established by the Scriptures, which are the word of God, or confirmed by the constitutions of the Kingdome, and I will answer you.

L. President.

Sir, you have pro∣pounded a question, and an an∣swer hath been rendred, but if you will not answer to what they to propound, the Court will take it into their consideration, how to proceed against you. In the mean time, they who brought you hi∣ther shall return you back again.

The Court desireth to be satisfied whether this be all the Answer that you will give them or not.

King.

I desire that you would resolve me and all the world, in this one particular. Give me leave to acquaint you, that it is a thing of no small importance which you go about. I am sworn to keep the peace according to the duty, which I do ow to God and to my Land; and I will here perform it to the last breath of my Body: you shall therefore do wel first to satisfie God, and after∣wards the Land, by what Autho∣rity you do this. If you do it by an usurped Authority, you cannot defend it. God who sitteth in the Heavens will call you, and all those, who have conferred this power on you, to give him an ac∣count of it. Satisfie me in this, and I shall answer you, for otherwise I

should betray the Faith, commit∣ted to me, and the liberties of my people: Wherefore consider of it, and I shall be willing to answer you. For I do professe it is as great a sin to resist a lawfull Au∣thority, as to submit unto a Ty∣rannicall, or any other unlawfull Authority: wherefore resolve me in this particular, and you shall receive my Answer.

L. President.

The Court expe∣cteth that you should give them a finall Answer, and will adjourn untill Munday next: If you can∣not satisfie your self; although we tell you our authority, our au∣thority will satisfie our selves; And it is according to the autho∣rity of God and the Kingdome, and the peace (of which you speak) shall be preserved in the administration of Justice, and that is our present work.

King.

I give you this for my answer, you have not shown me any lawfull authority, which may satisfie any reasonable man.

L. President.

It is onely your apprehension, we are fully satis∣fied who are your Judges.

King.

It is not my apprehensi∣on, nor yours which ought to de∣termin this.

L. President.

The Court hath heard you, and disposed of you accordingly as their discretions have thought expedient.

The Court adjourneth to the Painted chamber, untill Munday at ten of the clock in the morn∣ning, and from thence hither.

Some thing that was ominous, ought not to be passed by in silence, when the Charge was read against the King, the silver head of his staff did fall off, which he much did won∣der at, and observing no man so

officious to assist him, he stooping towards the ground did take it up himself.

As the King returned, looking on the Court, he said, I fear not thee, meaning the sword. As he came down the stayres, the peo∣ple who were in the Hall, cryed out some of them, God save the King; but the greater part Ju∣stice, Justice.

The second dayes proceeding against the King, January 22. &c.

THe Cryer having thrice pro∣nounced his Oyes, and silence cōmanded, after that the Judges were called, and every one did particularly answer to his Name. Silence was again commanded, under pain of imprisonment, and the Captain of the Guards was

ordered to apprehend any that should endeavour to make a tu∣mult.

At the comming of the King in∣to the Court, there was a great shout, and the Court commanded the Captain of the Guards to ap∣prehend and imprison those, who should make either a noise or tu∣mult.

The Court being sat, the Sol∣licitor turning to the President said, May it please your Lordship my Lord President. In the former Court, on Saturday, in the Name of the Commons of England, I ex∣hibited and offered to this Tribu∣nal the charge of high Treasons, and other grievous crimes against the Prisoner, with which I did charge him, In the Name of the People of England, and his charge was read, and his Answer deman∣ded. My Lord, It pleased him at

that time to return no answer at all, but instead of answering, he questioned the Authority of the High Court: My most humble motion to this High Court in the Name of the People of the King∣dome of England, is that the Pri∣soner may be compelled to give a positive answer, either by way of Confession or Negation, which if he shall refuse, that the subject of his Charge may be taken for granted, and the Court proceed according to Justice.

L. President.

Sir, you may re∣member, that on the last conven∣tion of this Court, the cause was expounded to you, for which you were brought hither, and you heard the charge against you read, it being a charge of High Trea∣son, and other grievous crimes against the Kingdom of England: you heard likewise, that it was re∣quired

in the name of the people, that you should answer to your charge, that there should be a pro∣ceeding thereon, as should be a∣greeable unto Justice: you were then pleased to move some scru∣ples concerning the authority of this Court, and you desired to be satisfied in your knowledge, by what authority you were brought hither: you severall times did propound your questions, and it was often answered to you, that it was by authority of the commons of England Assembled in Parlia∣ment, who did judge it requisite to call you to an account, for the great and grievous crimes of which you are accused. After that the Court did take into their seri∣ous consideration, those things which you objected, and they are fully satisfied in their authoritie; and do conceive it requisite, that

you should admit it; they there∣fore require that you give a posi∣tive and a particular Answer to the charge exhibited against you: they do expect that you should ei∣ther confesse it or deny it. If you shall deny it, it will be proved in the behalf of the Kingdome, the whole World doth approve of their Authority. So that the king∣dome is satisfied, and you ought thereby to be satisfied your self; you ought not therefore to waste time, but to give your positive an∣swer.

King.

It is true, that when I was last here, I moved that question; and indeed, if it were onely my businesse in particular, I should have satisfied my self with that protestation, which I then inter∣posed against the lawfulnesse of this Court; and that a King can∣not be judged by any superiour

jurisdiction on earth, but my own interests are not onely involved in it, but the liberties also of the people of England; and pretend what you will, I doe indeavour more for their liberties, then any whatsoever. For if Power with∣out laws, can make laws and change the Fundamentall laws of the Kingdome, I know not what subject in England can be secure of his life, or of any thing which he doth call his own: Wherefore when I came hither, I expected particular reasons, that I might understand by what law, and what Authority you would pro∣ceed against me. I should then perceive what most especially I have to say unto you, for the af∣firmative is to be proved, which seldome the Negative is capable of; but because I cannot per∣swade you thus, I will give you my

Reasons as briefly as I can.

The Reasons for which in con∣science and duty which I ow, first unto God, and afterwards to my people, for the preservation of their lives, their liberties, and their fortunes: I believe I cannot answer until I am satisfied of your legality of it.

All proceedings against any man whatsoever —

President.

Sir, I must interrupt you, which I would not do, but that which you do, agreeth not with the proceedings of any Tri∣bunal of Justice, you enter into a controversie, and dispute against the Authority of this Court, be∣fore which you appear a prisoner, and are accused as a great Delin∣quent. If you will take upon you to controvert the Authority of this Court, we cannot give way unto it; neither will any tribu∣nal

of Justice admit it; you ought to submit unto the Court, and to give an exact and direct Answer, whether you will answer to your charge or not? and what is the answer that you make.

King.

Sir I know not the for∣malities of the law, I know the law & reason; & although I am no professed Lawyer, I know the law as well as any Gentleman in Eng∣land, and I am more eager for the Liberties of the people of England then you are? and if I should be∣lieve any man, without he gives me Reasons for what he saith, It would be absurd; but I say unto you, that the Reason which you give is no wayes satisfactory.

L. President.

Sir I must inter∣rupt you, for it cannot be per∣mitted to you in this manner to proceed: you speak of law and reason, it is fit that there should

be both law and reason, and they are both against you. Sir the Vote of the Commons of England As∣sembled in Parliament, is the rea∣son of the Kingdome, and they or∣dained this law according to which you ought to Reign. Sir, It is not lawfull for you to dispute a∣gainst our Authority. This again hath been told you by the Court. Sir, Notice will be taken that you contemn the Court, and this con∣tempt of yours will be recorded.

King.

I know not how a King can be interpreted to be a Delin∣quent, but by any law that I ever heard, all men, whether Delin∣quent or what you will, may law∣fully make objections against their Processe; this is that which I require, and I again desire that my Reasons may be heard. If you deny this, you deny Reason.

L. President.

Sir, you have ob∣jected

something to the Court; I will declare unto you their opini∣on. Sir, It is not lawfull for you or any man else to dispute against this Subject; It is Decreed, you ought not to dispute against the jurisdiction of this Tribunal; If you shall yet do it, I must intimate unto you, that they are above ob∣jections. They sit here by Autho∣rity of the Commons of England; and all your Predecessors and you your self are bound to be accoun∣table to them.

King.

I deny that, shew me one example?

L. President.

Sir, you ought not to interrupt, but attend whilest the Court speaks unto you. This Subject is not to be disputed by you, neither will the Court per∣mit that you should object against the jurisdiction of it, they have considered of their jurisdiction, and do approve it.

King.

Sir, I say, that the Com∣mons of England were never a Court of Judicature; and I would fain know, how they came to be made so now?

President.

Sir, It is not permit∣ted to you to proceed in those discourses.

Then the Secretary of the Court did read, as followeth.

Charls Stuart, King of England, you have been accused in the Name of the People of England of High Trea∣son, and other grievous Crimes. The Court hath determined that you shall answer to your Charge.

King.

I will answer, as soon as ever I shall understand, by what authority you do these things?

President.

If this be all that you will speak: Gentlemen, you who brought the prisonner hither, take him back again.

King.

I demand, that I may be

permitted to exhibite my Rea∣sons, why I answer not unto the Charge, and give me time to per∣form this.

President.

Sir, It is not for pri∣sonners to demand.

King.

Prisonners, Sir! I am no ordinary prisonner.

President.

The Court hath con∣sidered of their own jurisdiction, and they have also confirmed their jurisdiction: If you will not answer, we will give order that your Default be recorded.

King.

You have not yet heard my Reasons.

President.

Your Reasons are not to be heard against the Su∣pream Jurisdiction.

King.

Shew me that jurisdicti∣on in the world, where Reason is not to be heard.

President.

Sir, We shew it you here, the Commons of England;

& the next time you are brought hither, you shall understand fur∣ther of the pleasure of the Court, and peradventure their finall sen∣tence.

King.

Shew me, where the House of Commons was ever a Court of Judicature in that kind.

President.

Serjeant, take away the Prisonner.

King.

Sir, Remember that the King is not suffered to declare his Reasons, for the Libertie and Immunities of his Subjects.

President.

Sir, That Freedome of speech is not permitted to you, how great a friend you have been to the Laws, and the Liberties of the people; let England and all the world judge?

King.

Sir, By your leave, I have alwayes loved the Liberty, the Immunities, and Laws of the sub∣jects; If I have defended my self

by Arms, I have not taken them up against the people, but for them.

President.

You must obey the Decree of the Court, you give no answer to the Charge against you.

King.

Well Sir!

And so was he brought to the House of Sir Robert Cotton; and the Court was adjourned to the Pain∣ted Chamber, untill Wednesday fol∣lowing at twelve of the clock, at what houre they intended to adjourn again to Westminster-hall, where all whom it doth concern are com∣manded to be present.

The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648.

THe Cryer according to the Custome, having with his O∣yes commanded silence and atten∣tion; the King being sate, Mr. Atturney Generall turning to the Lord President spake in these words,

May it please your Lordship: 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, and yet by reason of his refusall to put in his Answer, there is yet no issue joyned in the cause. My Lord, I did at the first exhibit a Charge a∣gainst him, containing the highest practices of Treason, that were ever wrought on the Theater of England. That a King of England,

trusted to keep the Lawes of Eng∣land, and who had taken an Oath so to do, and had tribute paid him for that end, should be guilty of so wicked a design, as to subvert our Laws, and introduce an arbi∣trary and tyrannicall Govern∣ment, and set up his Standard of Warre against his Parliament and his people, and I did humbly pray in the behalf of the people of England, that he might speedily be required to make an answer to his charge.

But my Lord, instead of ma∣king an answer, he did then di∣spute the Authority of this Tri∣bunal, and your Lordship being pleased to give him a further day to put in his answer which was yesterday, I did move again that he might be required to put in a direct and positive answer, to his charge, either by denying or con∣fessing

it, but he was then pleased to debate the Jurisdiction of the Court, although he was comman∣ded to give a positive answer.

My Lord, by reason of this great delay of Justice, I shall hum∣bly move for speedy judgement against him. I may presse your Lordship upon the known Rules of the Laws of the Land, that if a prisoner shall stand in contempt & not plead guilty or not guilty to the charge given against him, it by an implicite confession ought to be taken pro confesso, as I may instance in divers who have deser∣ved more favor than the prisoner at the Bar hath done. But I shall presse upon the whole fact. The House of Commons, the Supream Authority of the Kingdome have declared, (my Lord) that it is no∣torious. The matter of the charge is true, and clear as chrystall, or

as the Sun that shineth at Noon day, in which my Lord President, if your Lordship and the Court be not satisfied, I have severall witnesses on the behalf of the people of England to produce, and therefore I do humbly pray, and not so much I, as the innocent blood that hath been shed, the cry whereof is great for Justice and Judgement, that speedy judge∣ment may be pronounced against the prisoner at the Bar.

President,

Sir, you have heard what hath been moved by Mr. Sollicitor on the behalf of the Kingdome against you. Sir, you may well remember, and if you do not, the Court cannot forget the delayes which you have made. You have been pleased to pro∣pound some Questions, and am∣ply you have had your resoluti∣on on them, you have been often

told that the Court did affirm their own Jurisdiction; and that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of Eng∣land, from which there is no ap∣peal, and touching which there must be no dispute; yet you did deport your self in that manner, that you gave no obedience, nor did acknowledge any Authority either in them, or the Supream Court of Parliament, that con∣stituted this high Court of Ju∣stice. Sir, the Court gives you to understand that they are very sensible of these demurres, and that being thus authorised by the High Court of England, they ought not to be trifled withall, especially, seeing if they please, they may take advantage of these delayes, and according to the rules of Justice, proceed and pro∣nounce

Judgement against you. Neverthelesse they are so favou∣rable as to give directions to me, and therefore on their behalf I do require you to make a positive answer to this charge, that hath been read against you. Justice knows no respect of persons. You are to give your positive and final Answer in plain English, whether guilty or not guilty, of the Trea∣son laid to your charge.

The King having meditated a little, did answer in these words. When I was here yester∣day, I desired to speak for the Li∣berties of the people of England: I desire yet to know, whether without interruption, I may speak freely, or not?

President,

Sir, on the like Que∣stion, you had yesterday the reso∣lution of this Court; you were told that having a charge of so high a

nature against you, your work was to acknowledge the Jurisdiction of the Court, & to answer the charge; after you have done that you shall be heard at large to make the defence you can for your self; but Sir the Court commands me to make known unto you, that you are not permitted to run into any other discourses, untill such time that you have returned a po∣sitive Answer to the matter that is charged upon you.

King,

I value not the charge a rush: It is the Liberty of the peo∣ple of England that I stand for. For me who am your King, and should be an example to all the Courts in England, to uphold Ju∣stice, and maintain the old Laws; for me I say, to acknowledge a new Court, that I never heard of before, is a thing that I know not how to do. You did

speak very well on the first day I came hither, concerning the ob∣ligations that I have laid upon me by God, for the maintenance of the Liberties of my people. I do acknowledge that I do ow the same obligations to God and my people, to defend as much as in me lies, the ancient Laws of the Kingdom: therefore untill I be sa∣tisfied that this is not against the fundamentall Laws of the King∣dome, I can put in no particulars to the Charge. If you will give me time, I will shew you my Rea∣sons wherefore I cannot do it, and Here being interrupted, he said. By your favour you ought not to in∣terrupt me. How I came here I do not know. There is no Law to make your King your prisoner. I was in a Treaty upon the pub∣lick faith of the Kingdome, that was the known —two Houses

of Parliament, that was the Re∣presentative of the Kingdome, and when I had almost made an end of the Treaty; I was hurried away, and brought hither; and therefore I would —

President.

Sir, you must know the pleasure of the Court.

King.

By you favour Sir,—

President.

Nay Sir, by your fa∣vour, you may not be permitted to run into these discourses, you appear here as a Delinquent, you have not acknowledged the Au∣thority of the Court, the Court once more do••h command you to give your positive Answer?

M. Broughton,

Do your Duty.

King.

Duty Sir.

M. Broughton reads, Charls Stu∣art, King of England, you are accu∣sed in the behalf of the Commons of England of divers high Crimes and Treasons, which Charge hath been

read unto you. The Court now re∣quires you to give your positive and finall answer, either by way of con∣fession, or by deniall of the Charge.

King.

Sir, I say again unto you, If therby I may give satisfaction to the people of England of the up∣rightness of my proceedings, not by way of answer, but to satisfie them that I have done nothing a∣gainst that trust, that hath been committed to me, I would do it; but to acknowledge a new Court, against their priviledges, to alter the Fundamentall Laws of the Kingdome; you must excuse me, if I shall refuse to do it.

President.

Sir, This is the third time, that you have publiquely disowned this Court, and put an affront upon it. How far you have preserved the priviledges of the People, your actions have spoke: And truly Sir, If mens intentions

can be known by their actions, you have written your intentions in bloody Characters throughout the whole Kingdome: But Sir, you are to understand the plea∣sure of the Court—Clerk, Re∣cord the Default—. And Gentlemen, you that are a guard to the Prisoner, take him back a∣gain.

King.

I will onely adde this one word, If it were onely my own particular, I would not say any more, nor interrupt you at all.

President.

Sir, you have heard the pleasure of the Court, and not∣withstanding you will not under∣stand it: you are to finde that you are before a Court of Justice.

The King going forth Procla∣mation was made, that all persons who then appeared; and had fur∣ther to do with the Court, might depart into the Painted Chamber,

to which place, the Court adjour∣ned, being resolved to meet again in Westminster-Hall, by ten of the Clock, the next morning.

Wednesday January 24.

The Court being this day imployed upon Examinations of Witnesses, and other things, in order to their next proceedings, did appoint one of their Ʋshers to give notice to the peo∣ple there assembled to appear on fur∣ther summons.

The last proceedings against the King wherein they pronounced Sentence upon him, on Saturday, Jan. 27. 1648.

SIlence being commanded by the Cryer, the Court was cal∣led, and Serjeant Bradshaw the Lord President, was that day in a scarlet Gown. There were pre∣sent that day, sixty and eight Members of the Court.

The King, turning to the Lord President, said; I shall desire to be heard some few words, and I hope I shall give no occasion of Inter∣ruption.

President.

You may answer in due time, hear the Court first.

King.

If it please you Sir, I de∣sire to be heard; and I shall not give any occasion of interruption, and it is onely in a word. A sud∣den Judgment—

President.

Sir, you shall be heard (as I have told you) in due time, but you must hear the Court first.

King.

What I am to speak will be in order, as I conceive, to what I believe the Court will say, and therefore Sir, I desire to be heard, A hasty judgement is not so soon recalled.

President.

Sir, you shall be heard before Judgment be given, and in the mean time, you ought to forbear.

King.

Well Sir, I shall be heard before the Judgment be given.

President.

Gentlemen, It is well known to all, or the greatest part of you here present, that the pri∣sonner at the Bar hath been seve∣rall times convented, and brought before this Court, to make answer to a charge of Treason, and other high crimes, exhibited against him, in the Name of the People

of England, to which charge being oftentimes commanded to An∣swer; he hath been so far from submitting to the Court, as he hath undertook to object again, and dispute the Authority of this Court, and of the High Court of parliament, who constituted this Court to Try and Judge him; but being over-ruled in that, & com∣manded to make answer; he was still pleased to persevere in his contumacy, and refused to sub∣mit to answer; whereupon the Court that they may not be wan∣ting to themselves, and to the trust reposed in them; nor that any mans wilfulnesse shall pre∣vent the course of Justice; have considered of the contempt, and of that consequence which in law doth arise on that contempt. They have likewise considered of the notoriousnesse of the Fact

charged upon the prisoner, and upon the whole matter are resol∣ved, and have agreed upon a Sen∣tence to be now pronounced a∣gainst him, but in regard he hath desired to be heard before Sen∣tence be read and pronounced, the Court is resolved to hear him: yet Sir, thus much I must tell you before hand, of which also you have been minded at the other Courts, that if what you are to propose shall tend to dispute the jurisdiction of the Court, you are not to be heard therein: you have offered it formerly, and you have indeed struck at the root, which is the power and supream Autho∣rity of the Commons of England, of which this Court will admit no debate; and indeed it would be an unreasonable thing in them so to do, being a Court which doth act upon that Authority, which

they have received from them; they will not presume to judge upon their Superiours, from whom there is no appeal. But Sir, If you have any thing to say in defence of your self, concerning the matter with which you are charged; the Court hath given me command to let you know, they will hear you.

King.

Since I perceive, you will not heare any thing of Debate concerning that which I confesse, I thought most materiall for the peace of the Kingdome, and the Liberty of the Subject; I shall wave it, and speak nothing of it, onely I must tell you, that these many dayes all things have been taken from me, but that which I call more deer unto me, than my life, which is my Conscience and my Honour; and if I had respect to my life more than to the peace

of the kingdome & the liberty of the Subject; I should certainly have made a particular defence for my self, for by that at least I might have deferred an ugly Sentence, which I expect to passe upon me. Therefore undoubtedly; Sir, as a man that hath some understand∣ing, some knowledge of the world if that my true zeal to my Coun∣try, had not over born the care of my own preservation, I should have gone another way to work then now I have done. Now, Sir, I conceive that a hasty Sentence once passed may sooner be repen∣ted then revoked; and truly the same fervent desire I have for the peace of the Kingdome, and the liberty of the Subject, more then my own particulars, doth make me now at last move that, having somthing to say concerning both, I may be heard before my Sen∣tence

be pronounced, before the Lords and Commons in the Pain∣ted Chamber. This delay cannot be prejudiciall to you whatsoever I shall utter. If I speak not reason those that hear me, must be my Judges; but if it be Reason, and really for the welfare of the King∣dome, and the Liberty of the Sub∣ject; I am sure of it, it will be well worth the hearing. There∣fore I conjure you, as you love that which you pretend (I hope it is reall) the Liberty of the Sub∣ject & the peace of the kingdom, that you will grant me the hear∣ing before Sentence be past. I on∣ly desire this, that you will take this into your consideration. It may be you have not heard of it before hand. If you think well of it, I will retire, and you may think of it; but if I cannot get this li∣berty; I do here protest, that so

fair shews of liberty and peace are but pure shews and no otherwise, if in this you will not hear your King?

President.

Sir, you have now spoken?

King.

Yes, Sir.

President.

And this which you have spoken, is but a further de∣clining of the Jurisdiction of this Court, which is the thing where∣in you were limited before.

King.

Pray excuse me Sir, for my interruption, because you do mistake me. It is not a declining of it, you do judge me before you hear me speak; I say, I will not, I do not decline it; although I can∣not acknowledge the jurisdiction of it. In this, give me leave, to say that though I would not, though I did not acknowledge it in this; yet I protest, this is not to decline it, since I say, If that which I shall

propound be not for the peace of the Kingdome and the Liberty of the Subject, then the shame is mine. Now I desire that you will take this into your consideration; if you will, I will withdraw.

President.

Sir, This is not altoge∣ther new, that you have offered unto us, I say, it is not altogether new unto us, although it be the first time, that in person you have offered it to the Court. Sir, you say, you do not decline the juris∣diction of the Court.

King.

Not in this that I have said.

President.

I understand you well enough Sir, Neverthelesse, that which you have propounded seems to be contrary to what you have said, for the Court are rea∣dy to proceed to Sentence: It is not (as you say) that they will not hear their King: For they have

been ready to hear you, they have patiently waited your pleasure for three Court dayes together to hear what you would answer to the peoples charge against you; to which you have not vouchsafed to give any answer at all. Sir: this doth tend to a further delay, and truly Sir, Such delays as these, nei∣ther may the kingdom nor Justice admit: You have had the advan∣tage of three several dayes to have offered in this kinde, what you were pleased to have propounded to the Lords and Commons. This Court is founded upon the Au∣thority of the Commons of Eng∣land, in whom resteth the Suprem Jurisdiction: That which you now tender to the Court, is to be tryed by another jurisdiction, a co-ordinate jurisdiction, I know very well, how you have expres∣sed your self, and that not with∣standing,

what you would pro∣pound to the Lords and Com∣mons, yet nevertheless, you would proceed on here; I did hear you say so: but Sir, That which you would offer there, whatsoe∣ver it be, must needs be in delay of Justice here; so as if this Court be resolved and prepared for the Sentence, they are bound in ju∣stice not to grant that which you so much desire; but Sir, accord∣ing to your desire, and because you shall know the full pleasure of the Court upon that, whilest you have moved, the Court shall withdraw for a time.

King.

Shall I withdraw?

President.

Sir, you shall know the pleasure of the Court present∣ly.

The Court withdraws for half an hour into the Court of Wards. Ser∣jeant at Arms, the Court gives com∣mand

that the prisoner withdraw, and that about half an hour hence the prisonner be returned again.

The time being expired, the Court returned, and the Lord President commanded the Serjeant at Arms to send for his prisonner.

The King being come attended with his Guard, The Lord Presi∣dent said unto him, Sir, you were pleased to make a motion here to the Court, concerning the desire you had to propound something to the Lords and Commons in the Painted Chamber, for the peace of the Kingdome. Sir, you did in ef∣fect receive an Answer before the Court adjourned. Truly Sir, their adjournment and withdrawing was pro formâ tantum, for it did not seem to them, that there was any difficulty in the thing; they have considered of what you mo∣ved, and have considered of their

own Authority, which is groun∣ded as it hath been often said, up∣on the supream Authority of the Commons of England, assembled in Parliament. The Court doth act according to their Commissi∣on. Sir, I have received an ex∣presse Order from the Court, to acquaint you, that they have been too much delaied by you already, and that this which you have now offered, hath occasioned some lit∣tle further delay; they are Judges appointed by the highest Judges, and Judges are no more to delay than they are to deny justice; they are good words in the old Char∣ter of England, Nulli negabimus, nulli vendemus, nulli deferremus ju∣stitium; There must be no delay, but Sir, the Truth is, and so every man here observes it. That you have much delayed them by your contempt and default; for which

they might long since have pro∣ceeded to judgment against you; therefore notwithstanding, what you have offered, they are resol∣ved to proceed to punishment & to judgment; and this is their un∣animous resolution.

King.

Sir, I see it is in vain for me to dispute, I am no Sceptick to doubt, or to deny the power that you have: I do know that you have power enough. Sir, I con∣fesse, I do believe it would have been advantagious to the peace of the Kingdome, if you would have been pleased to take the pains to show the lawfulnesse of your po∣wer. As for this delay, which I have desired, I do confesse, it is a delay, but it is a delay that is im∣portant for the peace of the King∣dom: It is not my person, that I look on alone: It is the welfare of the Kingdome, the peace of the

kingdome. It is an old saying, that we should think on long, but per∣form great matters suddainly. Therefore, Sir, I do say again, I do put at your doores, all the incon∣veniencies of a hasty Sentence. I have been here now a full week, this day eight daies, was the day in which I made in this place, my first appearance; The short re∣spite but of a day or two longer, may give peace unto the Nation; whereas an hasty judgement may bring such a perpetual trouble & inconvenience upon it, that is, the childe unborn may repent it. And therefore once more, out of the duty I ow to God, and to my Country, I do desire that I may be heard by the Lords and Commons in the painted Chamber, or any o∣ther place that you will appoint me.

President.

Sir, you have been

already answered to what you have moved, it being the same motion which you made before, for which you have had the re∣solution and the judgment of the Court in it; and the Court would now be satisfied from you, whe∣ther you have any more to say for your self than you have yet said, before they proceed to Sentence?

King.

I say this Sir, that if you will but hear me, and give me this delay, I doubt not, but I shall give some satisfaction to all that are present, and to my people that are absent; and therefore I re∣quire you, as you will answer it at the dreadfull day of judgement, that you will, once again take it into your consideration.

President.

Sir, I have received Instructions from the Court.

King.

Well Sir,

President.

If this must be rein∣forced,

or any thing of this nature, your answer must be the same, as it was before, and they will pro∣ceed to Sentence if you have no more to say?

King.

Sir, I have nothing more to say, onely I desire that this may be entered what I have said.

President.

The Court Sir, then hath something else to say to you, which although I know will be very unwelcome; yet notwith∣standing, they are resolved to dis∣charged their duty.

Sir, you have spoken very well of a pretious thing, that you call a peace; and it were much to be wished that God had put it into your hart, that you had as effectu∣ally endeavoured, and studied the peace of the kingdom, as in words you seem to pretend; but as the other day, it was represented to you, that actions must expound in∣tentions:

Your actions have been clean contrary, and truly sir, it doth appear very plainly to the Court, that you have gone upon very erronious principles. The kingdome hath felt it to their smart, and it will be no comfort to you, to think of it; for sir, you have been heard to let fall such language, as if you had not been subject to the law, or that the law had not been your superiour. The Court is very sensible of it: I hope, so are all the understanding people of England. That the law is your superiour: you ought to have ruled according to the law, you ought to have done so, and your pretence hath been, that you have done so: But sir, the questi∣on is, who shall be the expositors of the law, whether you and your party out of the Courts of Justice shall take upon you to expound

the law? Or whither the Courts of Justice shall be the expounders themselves? nay this soveraign and high Court of Justice, the Par∣liament of England, who may be well be obliged to be the highest expounders of the law, since they are the sole makers of it. Sir, for you to set your self with your sin∣gle judgment, or for those who adhear unto you, to set them∣selves against the highest Court of Justice, there is no law for it? Sir, as the law is your superior, so tru∣ly, there is something that is supe∣riour to the law, which is the Pa∣rent or Author of the law, and that is the people of England: For as they are those who at first (as o∣ther countries have done) did chose unto themselves this form of Government, that justice might be administred and the peace pre∣served: so they gave laws unto

their Governours, according to which they were to govern; and if those laws should have proved inconvenient or prejudiciall to the publick, they had a power in them reserved to themselves to alter, as they should finde cause.

It is very true, what some of your side have alledged; Rex non habet parem in regno. This Court will affirm the same in some sense, that whilest King, you have not your peer; for you are ma∣jor singulis, but they will aver again, that you are minor uni∣versis; and the same Author tells you that in exhibitione juris, you have no power, but they are quasi minimus.

This we know to be law, Rex habet superiorem Deum & legem, etiam & Curiam, and so sayes the same Author; and he makes bold to proceed further; Debent ei frae∣num

ponere, they ought to bridle him. We know very well the sto∣ries of old: we cannot be igno∣rant of those wars that were cal∣led the Barons wars, when the Nobility of the land did stand out for the liberty and the propriety of the subject, and would not suf∣fer the Kings that did invade their liberties to play the tyrants, but did call them to an account for it, and did fraenum ponere. But sir, If the Nobility of the land, do forbear to do their duty now, and are not so mindfull of their own honour and the kingdoms good, as the Barons of England of old have been; certainly, the Com∣mons of England will not be un∣mindfull of what is requisite for their preservation and their safe∣ty. Justitiae fruendi causa Reges constituti sunt. By this we learn that the end of having Kings or

Governours, is for their enjoying of justice, that is the end. Now sir, If the King will go contrary to that end, or if any governour will go contrary to the end of his go∣vernment, he must understand, that he is but an Officer in trust, and that he ought to discharge that trust, and order is to be taken for the animadversion and punish∣ment of such an offending Gover∣nour.

Sir, This is not a law of yester∣day (since the time of the division betwixt you and the Parliament) but it is a law of old; And we know very well both the Authors and the Authorities that acquaint us what the law was in that point on the election of Kings, when they took their Oath to be true unto the people; and if they did not observe it, there were those remedies instituted which are cal∣led

Parliaments. The Parlia∣ments were they that were to ad∣judge (the very words of the Au∣thors, the plainenesse and wrongs done by the King and Queen, or by their children; such wrongs e∣specially when the people could have no where else a remedy. Sir, this is the Case of the people of England, they could not have their remedy else where but in Parlia∣ment.

Sir, Parliaments were instituted for that intent, it was their main end, that the grievances of the people might be redressed, and truly, if the Kings of England had been rightly mindfull of them∣selves, they were never more in Majesty or State, than in the time of the Parliament: but how for∣getfull some have been, Histories have informed us; and we our selves have a miserable, a lamen∣table,

and a sad experience of it.

Sir, by the old Laws of England (I speak these things the rather to you, because you were pleased to affirm the other day, that you thought you had as much know∣ledge in the law as most Gentle∣men of England. It is very well, Sir; and truly sir, it is very fit for the Gentlemen of England to un∣derstand the laws, under which they must live, and by which they must be governed; And then Sir, the scripture saies, they that know their Masters will and do it not; you know what follows, the law is your Master, the acts of Parlia∣ment) the Parliaments were an∣tiently to be kept twice in the year, as we finde in our old Au∣thor, that the Subject upon any occasion might have a remedy and a redresse for his grievance. Afterwards by several acts of par∣liament

in the dayes of your Pre∣decessor Edward the third; they were to be but once a year. What the Intermission of parliaments in your times hath produced, is very well known, and the sad conse∣quences of it; as also what in the interim instead of parliaments, there hath been by you, by a high and arbitrary hand introduced upon the people. But when God by his providence had so farre brought it about, that you could no longer decline the calling of a parliament, a parliament was cal∣led, where it may appear what your ends were against your an∣tient and native Kingdom of Scot∣land, but this parliament of Eng∣land not serving your turn against them, you were pleased to dissolve it. Not long after, another great necessity occasioned the calling of this parliament, and what your

Designs and Indeavours all along have been for the crushing and confounding of it, hath been most notorious to the whol kingdom. And truly Sir, in that you did strike at all, It had been a sure way to have brought about that which this Charge doth lay upon you; your intention to subvert the fundamental laws of the land, for the great Bulwarks of the peo∣ples liberty, is the parliament of England, and to subvert and root up that, which your aim hath been to do, would certainly at one blow, have confounded the liber∣ties and the properties of England.

Truly Sir, It makes me to call to minde (I cannot forbear to ex∣presse it) for sir, we must deale plainly with you according to the merits of your Cause, for so is our Commission, It makes me, I say, to call to mind what I have read of a

great Roman Emperor, a great Roman Tyrant, I may call him, Ca∣ligula by name, who wished that the people of Rome had but one neck, that at one blow he might cut it off: Your proceedings have been something like to this, the people of England have been and are no where else to be represent∣ed but in parliament; and could you have but confounded that, you had at one blow cut off the neck of England: But God hath reserved better things for us, and hath been pleased to break your forces and to overthrow your de∣signes, and to bring your person into custody, that you might be answerable unto justice.

Sir, we know very well, that it is a question which hath been much pressed by your side, By what presidents we shall proceed. Truly sir, for presidents, I shall

not at this present make any long discourse on that subject; how∣soever, I shall acquaint them that it is no new thing to cite presi∣dents all most out of all Nations, where the people (when power hath been in their hands) have not sticked to call their Kings to an account, and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people. I will not waste time, to mention France or Spain, or the Empire of Germany, or any other country; Volumnes may be written of it: But truly sir, that president of the kingdom of Arragon hath by some of us been thought upon. The ju∣stice of Arragon, is as a man tan∣quam in medio positus, it is placed between the people of that coun∣try and the king of Spain; so that

if wrong be done by the King of Arragon, the justice of Arragon hath power to reform that wrong and he is acknowledged, the Kings superiour; and bring the grand prisoner of the priviledges, and liberties of the people; he hath prosecuted against the Kings for their misgovernment.

Sir, What the Tribunes were heretofore to Rome, and what the Ephori were to the State of Lace∣demon, we sufficiently know, they were as the parliament of England to the English State: and though Rome seemed to have lost her li∣berty when once the Emperours were constituted; yet you shall finde some exemplar Acts of ju∣stice even done by the Senate of Rome, on the great Tyrant of his time Nero, who was by them con∣demned and adjudged unto death. But why Sir, should I make

mention of these Forreign Histo∣ries and Examples unto you. If we shall look but over the Tweede, we shall finde examples enough in your native Kingdome of Scot∣land. If we look on your first king Forgusius, he was an elective King, he died and left two sons, both in their minority: The elder bro∣ther afterwards giving small hopes to the people, that he would govern them well; so because he endeavoured to have supplant his Uncle, who was chosen by the people, to govern them in his mi∣nority; he was rejected by the people for it, and the younger brother was chosen, &c.

Sir, I will not take upon me to expresse what your Histories do at large declare; you know very well that you are the hundred and nineth King of Scotland; to men∣tion all the Kings, which the peo∣ple

of that kingdome, according to their power and priviledge, have made bold to deale withall, either to banish, imprison, or put to death, would be too long a story for this time and place. Reges (say your own Authors) we cre∣ated Kings, at first, Leges, &c. we imposed Laws upon them, and as they were chosen by the Suffra∣ges of the people at the first, so upon the same occasion, by the same Suffrages they may be taken down again; and of this, I may be bold to say, that no King∣dome in the world hath yielded a more plentifull experience, than your native Kingdome of Scotland, on the deposition and the punishment of their trans∣gressing Kings.

I need not go far for an Exam∣ple, your Grandmother was set aside, and your father an Infant

crown'd. This State hath done the like in England. The Parlia∣ment and people of England, have made bold to call their King to an account therein, frequent Exam∣ples of it in the Saxons time, the time before the Conquest, and since the Conquest, there have not wanted some presidents: King Edward the second, King Richard the second, were so dealt with by the Parliament, and were both deposed, and deprived, and truly Sir, whosoever shall look into their stories, shall not find the Articles that are charged upon them to come near to the height, and the Capitalnesse of the crimes that are laid to your charge, nothing near.

Sir, you were pleased the other day to alledge your Descent, and I did not contradict it, but take all together, if you go higher than

the Conquest, you shall find that for almost a thousand years these things have been, and if you come down since the Conquest, you are the four and twentieth King from William called the Conquerour, and you shall find one half of them to come meerely from the State, and not meerely upon the point of Descent. This were ea∣sie to be instanced. The time must not be lost that way. I shall onely represent what a grave and learned Judge said in his time, who was well known unto you, the words are since printed for posterity: That although there were such a thing as a De∣scent many times, yet the Kings of England ever held the greatest assurance of their Titles, when it was declared by Parliament. And Sir, your Oath, and the man∣ner of your Coronation, doth

planly shew, that the Kings of Eng∣land, although its true by the Law, the next person in bloud is designed, yet if there were a just cause to refuse him, the people of England might do it. For there is a Contract and a bargain made betwixt the King and his people, and your Oath is taken, and cer∣tainly Sir, the Bond is reciprocall, for as you are Liege Lord, so are they Liege Subjects, and we know very well that Legantis est duplex, the one is a Bond of perfection, that is due from the Soveraign, the other is a Bond of Subjection which is due from the Subject, for if this Bond be once broken, fare∣well Soveraignty, Subjectio trahit, &c.

These things may not be deny∣ed, for I speak it the rather (and I pray God it may work upon your heart) that you may be sen∣sible

of your miscarriages, for whether you have been as you ought to be, a Protector of Eng∣land, or a destroyer of England, let all England judge, or all the world that hath beheld it; and though Sir, you have it by inhe∣ritance, in the way that is spoken of, yet it cannot be denyed, but your Office is an Office of Trust, and indeed an Office of the high∣est Trust that can be lodged in a∣ny single person. For as you were the grand Administrator of Ju∣stice, and others were but as your delegates, to see it executed through your Dominions. If your great Office were to do Justice, & preserve your people from wrong, if instead of executing Justice, you will be the grand and pub∣lick disturber of the peace, sure∣ly this is contrary to your Office and your Trust. Now Sir, if it

be an office of inheritance (as you speak of your Title by de∣scent) let all men understand, that great Offices are seizable, and for∣feitable, as if you had it but for a year, or for your life. It will therefore much concern you to take into your serious considera∣tion, your great miscarriages in this nature.

Truly Sir, I shall not in this place undertake to give you the particulars of the many miscarri∣ages of your Reign, whatsoever they have been, they are notori∣ously known. It had been happy for the Kingdome, and for your self also, if they had not been so much known, and so much felt, as they are every where complai∣ned on, and reported.

Sir, that we are now upon by the command of the highest Court, hath been and is to bring

you to your Triall, and to judge you for these great offences of yours: Sir, the Charge hath cal∣led you Tyrant, a Traytor, a mur∣therer, and a publick enemy to the Common wealth; Sir, it had been well, if these terms might rightly and justly have been o∣mitted; nay, if any one of them all.

King,

Ha!

President,

Truly, we have been told, Rex est, qui bene regit, Tyran∣nus qui populum opprimit, and if that be the definition of a Ty∣rant, then see if you come short of it in your Actions, and whether not the highest Tyrant by that way of arbitrary Government, which you sought to introduce, and were putting upon the peo∣ple. Examine with your self, if that were not as high an act of Tyranny, as any of your prede∣cessours

were guilty of, yea many degrees beyond it.

Sir, the Term Traytor cannot be spared, we shall easily conclude that it doth enforce and denote a breach of Trust, and it must be supposed to be done by a superi∣or, and therefore as the people of England, might have encurred that term, if they had been truly guilty of it, as to the definition of the Law; so on the other side when you did break your Trust to the Kingdome, you did break your Trust to your superior; For the Kingdome is that for which you were trusted; And therefore when you are called to an ac∣count for this breach of trust, you are called to account by your su∣perior. Minimus Majorem in ju∣dicium vocat: And Sir the peo∣ple of England cannot be so want∣ing to themselves, (whom God

hath dealt so miraculously and gloriously for) they having both power and their great enemy in their hand, but they must proceed to Justice to themselves and to you; For Sir, the Court could heartily desire that you would lay your hand upon your heart, and consider, what you have done a∣misse, and that you would endea∣vour to make your peace with God. Truly Sir, These are too high Crimes, Tyranny and Trea∣son. There is a third, if those two had not been, and that is murther, which is laid to your charge also. All the bloody murders that have been committed since the Divisi∣on betwixt you and your people, must be laid to your charge. Sir, It is a hainous and a crying sinne, and truly Sir, If any man will ask us what punishment is due unto a murtherer, let Gods law, let mans

speak. I will presume you are so well read in the holy Scripture as that you know what God himself hath said concerning the shed∣ding of mans blood, Gen. 9. and Numb. 35. will tell you what the punishment is, and this Court in the behalf of the Kingdom are sen∣sible of that innocent blood, that hath been shed, & the land indeed stands still defiled with that bloud and as the Text hath it; It can no way be cleansed, but by the shed∣ding of the blood of him who shed that blood. Sir, We know no dis∣pensation from this blood in the Commandement, Thou shalt do no Murther, we do not know but that it extends to Kings as well as to the meanest peasants, the meanest of the people, the Command is u∣niversall. Sir, Gods law forbids it, mans law forbids it; nor do we know that there is any manner of

execution, not even in mans laws, for the punishment of Murther in you. Tis true, that in the Case of Kings, every private hand, is not to put forth its self to this work, for their reformatian or punish∣ment; but the people represen∣ted having power in their hands (were there but one willfull Act of murder by you committed) have power to convent you, and to punish you for it.

The weight Sir, then lying up∣on you in all these respects, that have been spoken, for your Ty∣ranny, Treason, Breach of Trust, and the murders that have been committed, surely it should drive you into a sad consideration con∣cerning your eternall estate. I know it cannot be acceptable to you, to hear any such things as these mentioned from this Court, for so do we call our selves, and

justifie our selves to be a Court, and a High Court of Justice, au∣thorized by the highest and so∣lemnest Court of the Kingdome, as hath been often already said. And although you have indeavo∣red, what lay in you to discourt us; yet we do take knowledge of our selves to be such a Court, as can administer justice to you, as we are bound in duty to it.

Sir, All I shall say, before the reading of the Sentence, is but this. The Court doth heartily de∣sire, that you will seriously consi∣der of those Evils, that you stand guilty of. You said well the o∣ther day, you wished us to have God before our eyes. Truly Sir, I hope all of us have so, that God whom we acknowledge to be King of Kings and Lord of Lords, that God with whom there is no respect of persons; that God who

is the avenger of Innocent blood; that God have we before our eys, that God who bestows a Curse up∣on them, who in the case of guilty malefactors that deserve death, do withhold their hands from shed∣ding of blood: Sir, That God we have before our eyes, and were it not that the Conscience of our duty hath called us into this place and this imployment, you should have had no appearance of a Court here. But sir, we must pre∣ferre our respect unto God and to the Kingdome, above any respect whatsoever; and although at this present, many of us, if not all of us are severely threatned by some of your party, what they intend to do; yet we do here declare, that we shall not decline or forbear the doing of our Duty in the ad∣ministration of Justice, even to your self; and that according to

the merit of your offence; al∣though God should permit those men to effect all their bloody de∣signes in hand against us. Sir, we will say, and we will declare it as those Children in the fiery fur∣nace, who refused to worship the Golden Image, that Nebuchadona∣zar had set up. That their God was able to deliver them from the danger they were neer unto; but if he did not deliver them, yet they would not fall down and worship the golden Image. We shall make this application of it. That though we should not be delivered from those bloody hands and hearts, who conspire the overthrow of the Kingdome in generall, and of our selves in particular, for being actors in this great work of Justice; though I say, we should perish in the work, yet by the grace & in the strength

of God, we are resolved to go on with it. And those are the intire resolutions of us all.

Sir, I say, for your self, that we do heartily wish and desire that God would be pleased to give you a sense of your sins, that you may see wherin you have done amisse, and that you may cry unto him, that God would deliver you from blood guiltinesse. A good King, David by Name, was once guilty of that particular guilt; he was otherwise upright, saving in the matter of Ʋriah. Truly Sir, the History doth represent unto us, that he was a repentant King, and and he had died for his sinne, but that God was pleased to be indul∣gent to him, and to grant him his pardon, Thou shalt not die (saith the Prophet) but the childe shall dye; Thou hast given cause to the Ene∣mies of God to blaspheme.

King.

I would onely desire to be heard, but one word, before you give sentence, and it is that (to sa∣tisfie the world when I am dead) you would but hear me concern∣ing those great Imputations which you have laid unto my charge.

President.

Sir, you must now give me leave to proceed, for I am not far from your Sentence, and your time is now past.

King.

I shall desire you, that you will take these few words in∣to your consideration; For what∣soever sentence you shall pro∣nounce against me in respect of those heavy imputation, which I finde you have laid to my charge; yet Sir, It is most true that—

President.

Sir, I must put you in mind, I must Sir, although at this time especially, I would not wil∣lingly interrupt you in any thing

you have to say, which is proper for us to admit; but Sir, you have not owned us as a Court, and you look upon us, as a sort of people huddled together, and we know not what uncivill language we re∣ceive from your party.

King.

I know nothing of that.

President.

You disavow us as a Court, and therefore for you to addresse yourself to us, whom you do not acknowledge to be a Court for us (I say) to judge what you shall speak is not to be permitted; and the truth is all along from the very first, you have been pleased to disavow and disown us; The Court needed not to have heard you one word; for unlesse they be acknowledged a Court and in∣gaged, it is not proper for you to speak.

Sir, We have given you too large an indulgence of time

already, and admitted so much de∣lay, that we may not admit of any more. If it were proper for us, we should heare you very freely, not decline to hear the most that you could speak to the greatest ad∣vantage for your self, whether it were totally, or but in part excu∣sing those great & hainous char∣ges which are laid upon you. But I shall trouble you no longer, your sins are of so large a dimention, that if you do but seriously think of them, they will drive you into a sad consideration; and we wish that they may improve in you a sad and serious repentance. And it is the desire of the Court, that you may be so penitent for what you have done a misse, that God may at least, have mercy on your better part. As for the other, it is our part and duties, to doe that which the law prescribeth, we

are not now here jus dare, but jus dicere; we cannot be unm••ndfull of what the word of God tels us. To acquit the guilty, is of an e∣qual abomination, as to con∣demn the Innocent; we may not acquit the guilty, what sentence the law pronounceth to a traytor, a tyrant, a murtherer, and a pub∣like enemy to the Country, that sentence you are now to hear read unto you, and that is the Sen∣tence of the Court.

Hereupon the Lord President commanded the Sentence to be read; Whereupon M. King, who was Cryer of the Court, having commanded silence by his Oyes, the Clerk read the sentence, which was drawn up in Parchment, and did run in these words.

Whereas the Commons of Eng∣land in Parliament, had appointed them an high Court of Justice for the

tryall of Charls Stuart King of Eng∣land, before whom he had been three times convented, and at the first time, a Charge of High Treason and other Crimes and Misdemeanors was read in the behalf of the Kingdome of England; which Charge fol∣loweth in these words:

This Charge being read (said the Clerk) Charls Stuart was re∣quired to give his answer, which he refused to do, but expressed these passages, and many more such as these are, in refusing to answer.

The Clerk (having repeated many passages, during the time of his triall, in which the King shew∣ed an aversenesse to acknowledge the Court) did proceed to read the Sentence, which was in these words.

For all which Treasons and Crimes, this Court doth adjudge,

That the said Charls Stuart as a Tyrant, Traytor, Murtherer, and a publick Enemy, shall be put to death, by severing his Head from his Body.

This Sentence being read, the Lord President said; This Sen∣tence now read and published, is the Act, Sentence, Judgement, and resolution of the whole Court.

Hereupon, the Court stood up, as assenting to what the President said.

King.

Will you hear me one word Sir?

President.

Sir, you are not to be heard after the Sentence.

King.

No Sir.

President.

No Sir, By your fa∣vour Sir,— Guard withdraw your Prisonner?

King.

I may speak after the sen∣tence — By your favour Sir, I may speak after Sentence ever. The Guard drawing to him, he

said unto them; by your favour hold: and turning to the Presi∣dent, he said; the Sentence Sir,— I say Sir, I do — but being not permitted to proceed, he said, I am not suffered to speak, ex∣pect what Justice other people will have.

Cryer.

All manner of persons that have any thing else to do, are to depart at this time, and to give their attendance in the Painted Chamber, to which place this Court doth forthwith adjourn it self.

Then the Court arose, and the Kings guard did bring him to Sir Robert Cottons house, and he was afterwards conducted to Saint Jameses.

The names of those who were present at that High Court of Justice, when the Sentence of Death was pronounced a∣gainst Charls the first Monarck of great Brittain.

• SErjeant Bradshaw President.
• John Lisle.
• William Gray.
• Ol. Cromwell L. G.
• Comissary Gen. Ireton.
• Sir Hardres Waller.
• Colonel Harrison.
• Colonel Haley.
• Colonel Pride.
• Col. Ewer.
• Lord Gray of Groby.
• Sir John Danvers.
• S. Thomas Malleneret.
• Sir John Bourchier.
• William Heavningham
• Alderman Pennington
• Henry Martin.
• Col. Purefoy.
• Col. Berkstead.
• Col. Thomlinson.
• Mr. Blakston.
• Mr. Millington.
• Sir Gregory Norton.
• Col. Harvey.
• Col. Ven.
• Mr. Scot.
• Alderman Andrews.
• Mr. Cawley.
• Mr. Burrel.
• Col. Stapeley.
• Col. Domnes.
• Mr. Norton.
• L.S. Hammon.
• Mr. Love.
• Mr. Potter.
• Mr. Garland.
• Sir William Constable.
• ...

• Col. Ludlow.
• Col. Hutchinson.
• Sir Miles Livesey.
• Mr. Dixwell.
• Colonel Fleetwood of Bucks.
• Mr. Main.
• Jacob Temple.
• Mr. Blagrave.
• Col. White.
• Col. Titchburn.
• Col. Rout.
• Col. Scroop.
• Col. Lilburn.
• Col. Dean.
• Col. Okey.
• Col. Hewsen.
• L. Col. Goff.
• Cornelius Holland.
• Mr. Carew.
• John Joanes.
• Miles Corbet.
• Mr. Allen.
• Peregrine Pelham.
• Col. Moors.
• Mr. Eldicer.
• Mr. Smith.
• Mr. Edwards.
• Mr. Clement.
• Col. Wogan, &c.

His Majesties Reasons. Against the pretended Jurisdiction of the High Court of Justice, which he had intended to have given there on Monday Jan. 22. 1649. Faithfully transcribed from the ori∣ginall Copy of the King.

SInce I have already made my Protestation, not onely against the illegality of this pretended Court, but that no power on earth, can justly call me (who am your King) into question as a De∣linquent. I would no longer have opened my mouth on this Argu∣ment, but have referred my self to those things which I then spoke, if this onely concerned my own particular; But the du∣ty which I ow to God, to preserve the true liberty of my people

doth not permit me at this time, I should be silent; for how can any free born Subject of England call his life or any thing he doth pos∣sess his own, if power without law can daily make new, and abrogate the old and Fundamental Laws of this Land, which I judge to be the present case? Wherefore when I was brought hither, I expected that you would have studied to satisfy me in these Fundamentalls which do hinder me from putting in my Answer to the pretended charge, but since I do observe, that nothing which I can alledge can perswade you to it (although negatives are not so naturally proved, as affirmatives) yet I have thought good to declare unto you the Reasons for which I am confident, you are not in a capa∣city to judge me, nor the vilest man in England, for without

showing my Reasons, I will not (as you) be so unreasonably im∣portunate, as to exact either be∣lief or obedience from my Sub∣jects.

Here was I restrained, and not suffered to speak any more of Reasons, there is no just processe against any man, which deriveth not its authority, either from the Law of God, or from the muni∣cipall Laws of the Land.

Now I am most sure, that the Processe at this day made against me, cannot be confirmed by the law of God; for on the contrary the necessity of obedience is clearly confirmed, and streightly commanded in the old and new Testament; which if it be denyed, I am prepared presently to prove it; and as for the question now in agitation, it is said there, Where the word of a King is, there is power,

and who can say unto him, what doest thou? Eccles. 8. v. 4. Then as to the laws of the land, I am as confident that no learned law∣yer will affirm, that any charge can be brought against the King, since they all go forth under his name, and it is one of their axi∣oms, that the King can not do an injury. Moreover the law on which you do ground your pro∣cesse, is either old or new, if it be old, shew that law unto me, if it be new, tell me what Autho∣rity established by the Funda∣mentall laws of this land did give it birth and when? but how the House of Commons can erect a Tribunall of Justice, which was never one it self (as all lawyers will confesse with me) I leave it to God and to the world to judge; and it will seem most strange to any who ever have

heard of the laws of England, how they can pretend to make laws without either the King, or the House of Peeres.

Neverthelesse it be admitted, but not granted, that a commissi∣on from the people of England, is able to confirm your pretended power, yet I see nothing that you can show for it for I am confident that you never asked that questiō of the 10^th man in the kingdom; & in this method you do a most ap∣parent injury, even to the poorest ploughman, if you ask not his consent, neither can you pretend any colour to this your pretended Commission, if you have not the concurring voyces of at least the greatest part of this Nation, of every degree and quality, which you are so far from obtaining, that I am confident you never so much as sought it.

You see then, that I do not onely speak for my own Right, as I am your King, but also for the true liberty of all my subjects, which consisteth not in dividing the power of Government, but in living under such laws, and such a Government, as may grant them the best security of their lives, and the propriety of their goods. In this I ought not to be forgetfull, neither do I forget the priviledges of both Houses of parliament, which these procee∣dings do not onely violate, but give an occasion of the greatest breaking of the publick faith; and such (I believe) as the like was ne∣ver heard of before, with which I will not at all, charge both Hou∣ses, for the pretended crimes which they impose upon me, are far before the Treaty at Newport, in which when I assented to, and

did conclude as much as possibly lay in my power, and did justly expect the assent of both Houses, I was suddenly taken from thence and carried away as a prisoner, and against my will, I was hurried hither; and since I came to this court, I cannot with all my In∣deavours, defend the ancient laws and liberties of this King∣dome, together with my just pri∣viledges, and as much as I can pos∣sibly discern the upper House, which is the House of Lords, is totally excluded.

And as for the House of Com∣mons, it is too much known, that the greater part of them are either imprisoned, or affrighted from sitting, so that if I had no other Cause, this was sufficient enough to make me to protest against the authority of your pretended tri∣bunall. Besides all these things,

the peace of the Kingdome, is not the least part of my cares, and what hope can there be of esta∣blishing it, as long as power reign∣eth without the Rule of the Law, changing the whole frame of the Government under which this Kingdome hath flourished these many ages; neither will I speak what is likely to follow, if these unlawfull proceedings shall yet continue against me; for I believe the Commons of England, will give you no thanks for this change, especially, when they shall call into their minds, how happily they heretofore have li∣ved in the Reigns of Queen Elisa∣beth, and of the King my Father, and in my own Reign before the beginning of these unhappy tu∣mults; and they will have a just cause to doubt, if they shall be so happy in any new Govern∣ment.

In that time it will most evi∣dently appear that I onely took up Arms to defend the Funda∣mentall Laws of this Kingdome against those who opposed my power, and totally would have subverted the ancient Govern∣ment.

Having so briefly declared my Reasons to you, for which I could not submit to your pretended Authority, without violation of the Trust which God hath com∣mitted to me for the safety and liberty of my people. I expect from you either clearer Reasons to convince my Judgement, by demonstrating to me that I am in an Error, (and then surely, I shall be ready to give you an Answer) or else, that you suspend your present proceedings.

This I had determined to have spoken in Westminster Hall on

Monday, the two and twentieth of January, but against Reason I was prohibited to pronounce my Reasons.

In the year 1648. English style. 1649. vulgar style.

The End.