King Charls his tryal at the high court of justice sitting in Westminster Hall, begun on Saturday, Jan. 20, ended Jan. 27, 1648 also His Majesties speech on the scaffold immediately before his execution on Tuesday, Ian. 30 : together with the several speeches of Duke Hamilton, the Earl of Holland, and the Lord Capel, immediately before their execution on Friday, March 9, 1649.

King Charls HIS TRYAL AT THE High Court of Justice sitting in Westminster Hall, Begun on Saturday, January 20. and ended Saturday, Jan. 27. 1648.

A List of the Names of the Judges and Officers of the High Court of Justice, ap∣pointed, by an Act of the Commons of Eng∣land in Parliament assembled, for the Tryal of the King.

• THomas Lord Fairfax, General.
• Oliver Cromwel, Lievt. General.
• Henry Ireton, Commissary General.
• Philip Skippon, Major General.
• ...

• Sir Hardress Waller, Colonel.
• Colonel Valentine Walton.
• Colonel Thomas Harrison.
• Col. Edward Whalley.
• Col. Thomas Pride.
• Col. Isaac Ewers.
• Col. Richard Ingolsby.
• Col. Richard Dean.
• Col. John Okey.
• Col. Robert Overton.
• Col. John Harrison.
• Col. John Desborough.
• Col. William Goff.
• Col. Robert Duckenfield.
• Col. Rowland Wilson.
• Col. Henry Marten.
• Col. William Purefoy.
• Col. Godfrey Bosvil.
• Col. Harbottle Morley.
• Col. John Berkstead.
• Col. Matthew Tomlinson.
• Col. John Lambert.
• Col. Edward Ludlow.
• Col. John Hutchingson.
• Col. Robert Titchburn.
• Col. Owen Roe.
• Col. Robert Manwaring.
• Col. Robert Lilburn.
• Col. Adrian Scroop.
• ...

• Col. Alg: Sidney.
• Col. John Moore.
• Col. Francis Lassels.
• Col. Alexander Rigby.
• Col. Edm: Harvey.
• Col. John Venn.
• Col. Anthony Stapley.
• Col. Thomas Horton.
• Col. Thomas Hammond.
• Col. George Fenwick.
• Col. George Fleetwood.
• Col. James Temple.
• Col. Thomas Wayt.
• Sir Henry Mildway.
• Sir Thomas Honywood.
• Thomas Lord Grey.
• Philip Lord Lisle.
• William Lord Munson.
• Sir John Danvers.
• Sir Thomas Maleverer
• Sir John Bowcher.
• Sir James Harrington.
• Sir William Br••reton.
• Robert Wallop, Esquire.
• William Henningham, Esquire.
• Isaac Pennington, Alderman.
• Thomas Atkins, Alderman.
• Sir Peter Wentworth.
• Thomas Trencher••, Esquire.
• ...

• John Blackstone, Esquire.
• Gilbert Millington, Esq
• Sir William Constable.
• Sir Arthur Haslerig.
• Sir Michael Livessey.
• Richard Saloway, Esq
• Humphrey Saloway, Esq
• Cornelius Holland, Esq
• John Carne, Esq
• Sir William Armine.
• John Jones, Esq
• Miles Corbet, Esq
• Francis Allen, Esq
• Thomas Lister, Esq
• Ben: Weston, Esq
• Peregrin Pelham, Esq
• John Gourdon, Esq
• Francis Thorp, Esq Serjeant at Law.
• John Nutt, Esq
• Thomas Challoner, Esq
• John Anlaby, Esq
• Richard Darley, Esq
• William Say, Esq
• Iohn Aldred, Esq
• Iohn Fagge, Esq
• Iames Nelthorp, Esq
• Sir William Roberts.
• Henry Smith, Esq
• Edmond Wilde, Esq
• ...

• Iames Challener, Esquire.
• Iosias Barns, Esq
• Dennis Bond, Esq
• Humph: Edwards, Esq
• Gregory Clement, Esq
• Iohn Fray, Esq
• Thomas Wogan, Esq
• Sir Gregory Norton.
• Iohn Bradshaw, Esq Serjeant at Law.
• Iohn Dove, Esq
• Iohn Foulks, Alderman.
• Thomas Scot, Alderman.
• Thomas Andrews, Alderman.
• William Cawley, Esq
• Abraham Burrel, Esq
• Roger Gratwick, Esq
• Iohn Downes, Esq
• Robert Nichols, Esq Serjeant at Law.
• Vincent Potter, Esq
• Sir Gilbert Pickering.
• Iohn Weaver, Esquire.
• Iohn Lenthal, Esquire.
• Robert Reynolds, Esquire.
• Iohn Lisle, Esquire.
• Nicholas Love, Esquire.
• Sir Edward Baynton.
• John Corbet, Esquire.
• Thomas Blunt, Eq;
• Thomas Boone, Esq
• ...

• Augustine Garland, Esquire.
• Augustine Skinner, Esq
• John Dickswel, Esq
• Simon Mayne, Esq
• John Brown, Esq
• John Lowrey, Esq
• John Bradshaw, Esq Serjeant at Law, Lord President of the Court.

Counsellors assistant to the Court, and to draw up the Charge against the King, are,

• Doctor Dorislow.
• Mr Ask.
• Mr Steel, Attorney General.
• Mr Cook, Solicitor General.
• ...
  Clerks to the Court.
  • Mr Broughton,
  • Mr Phelps,

Officers of the Court.

• Serjeant Danby, Serjeant at Arms, and Mace-Bearer.
• Col. John Humphrey, Sword-Bearer.
• Mr King, Cryer of the Court.
• ...
  The Messengers and Door-Keepers with Tip-Staves.
  • Mr Walford,
  • Mr Radley,
  • Mr Payn,
  • Mr Powel,
  • Mr Hull,

The manner of the Tryal of CHARLES STUART King of England, in the great Hall in Westminster.

ON Saturday, being the 20. day of Janu∣ary 1648. The Lord President of the High Court of Justice with neer fourscore of the Members of the said Court, having sixteen Gentlemen with Partizans, and a Sword and a Mace, with their, and other Officers of the said Court marching before them, came to the place ordered to be prepared for their sitting, at the West end of the great Hall at Westmin∣ster; where the Lord President in a Crimsion Velvet Chair, fixed in the midst of the Court, placed himself, having a Desk with a Crimsion Velvet Cushion before him; The rest of the Members placing themselves on each side of him upon the several Seats, or Benches, prepa∣red and hung with Scarlet for that purpose, and the Partizans dividing themselves on each side of the Court before them.

The Court being thus sate, and silence made,

the great Gate of the said Hall was set open, to the end, That all persons without excepti∣on, desirous to see, or hear, might come into it, upon which the Hall was presently filled, and silence again ordered.

This done, Colonel Thomlinson, who had the charge of the Prisoner, was commanded to bring him to the Court, who within a quar∣ter of an hours space brought him attended with about twenty Officers, with Partizans marching before him, there being other Gen∣tlemen, to whose care and custody he was like∣wise committed, marching in his Rear.

Being thus brought up within the face of the Court, The Sergeant at Arms, with his Mace, receives and conducts him streight to the Bar, having a Crimsion Velvet Chair set before him. After a stern looking upon the Court, and the people in the Galleries on each side of him, he places himself, not at all moving his Hat, or otherwise shewing the least re∣spect to the Court; but presently rises up a∣gain, and turns about, looking downwards upon the Guards placed on the left side, and on the multitude of Spectators on the right side of the said great Hall. After Silence made among the people, the Act of Parliament, for the Trying of CHARLS STƲART KING of England, was read over by the

Clerk of the Court; who sate on one side of a Table covered with a rich Turky Carpet, and placed at the feet of the said Lord President, upon which table was also laid the Sword and Mace.

After reading the said Act, the several names of the Commissioners were called over, every one who was present, being 80. as aforesaid, rising up and answering to his Call.

Having again placed himself in his Chair, with his face towards the Court, Silence being again ordered, the Lord President stood up and said;

Lord President.

CHARLES STƲART, King of England; The Commons of England Assembled in Parlia∣ment, being deeply sensible of the Calamities that have been brought upon this Nation (which is fixed upon you as the principal Au∣thor of it) have resolved to make inquisition for Blood, and according to that Debt and Duty they owe to Justice, to God, the King∣dom, and themselves, and according to the Fundamental Power that rests in themselves, They have resolved to bring you to Tryal and Judgement; and for that purpose have consti∣tuted this High Court of Justice, before which you are brought.

This said, M. Cook Attorney for the Com∣mon-wealth (standing within a Bar on the

right hand of the Prisoner) offered to speak, but the King having a staff in his Hand, held it up, and laid it upon the said M. Cooks shoul∣der two or three times, bidding him hold; Ne∣vertheless, the Lord President ordering him to go on, he said:

M. Cook.

My Lord, I am commanded to charge CHARLES STƲART, King of England, in the name of the Com∣mons of England, with Treason and high Misdemeanors; I desire the said Charge may be read.

The said Charge being delivered to the Clerk of the Court, the Lord President ordered it should be read, but the King bid him hold; Nevertheless, being commanded by the Lord President to read it, the Clerk begun.

THE Charge of the Commons of ENGLAND, against Charles Stuart, KING of England, Of High Treason, and other High Crimes, exhibited to the High Court of Justice.

THat the said CHARLES STƲART being admitted King of England, and therein trusted with a limited Power, to go∣vern by, and according to the Laws of the Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the Po∣wer committed to him, For the good and bene∣fit of the People, and for the preservation of their Rights and Liberties; Yet nevertheless out of a wicked Design, to erect, and uphold in himself and unlimited 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 thereof, and of all redress and remedy of mis∣governement, which by the fundamental Con∣stitutions of this Kingdom, were reserved on the Peoples behalf, in the Right and Power of frequent and successive Parliaments, or National meetings in Councel; He, the said CHARLES STƲART, for accom∣plishment of such his Designs, and for the pro∣tecting of himself and his adherents, in His, and Their wicked Practises to the same Ends, hath Trayterously and maliciously levyed 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 Be∣verly, in the County of York; And upon, or about the thirtieth 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, & Keinton-field, in the Coun∣ty of Warwick; And upon, or about the thirti∣eth

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 hun∣dred fourty and three, at Cavesham-bridge, neer Roding, in the County of Berks; And up∣on, 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 November, in the year last mentioned, at Newbery, in the County of Berks; And up∣on, or about the one and thirtieth day of July, in the year of our Lord, One thousand six hun∣dred fourty and four, at Cropredy-Bridge, in the County of Oxon; And upon, or about the thirtieth day of September, in the year last mentioned, at Bodmin, and other places neer adjacent, in the County of Cornwal; And up∣on, or about the thirtieth day of November, in the year last mentioned, at Newbery afore∣said; 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, on the same year, at Nase∣by-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times, within the years afore∣mentioned:

And in the year of our Lord, One thousand six hundred fourty and six; He the said CHARLES STƲART, hath cau∣sed and procured many thousands of the Free-People of the Nation to be slain; and by Di∣visions, Parties, and Insurrections, within this Land, by Invasions from Forraign parts, en∣devored and procured by Him, and by many other evil ways and means. He the said CHARLS STƲART, hath not only maintained and carried on the said War, both by Land and Sea, during the years before men∣tioned; 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 hundred fourty and eight, in the Counties of Kent, Essex, Surry, Sus∣sex, Middlesex, and many other Counties and places in England and Wales, and also by Sea; And particularly, He the said CHARLES STƲART, hath for that purpose, given Com∣mission to his Son, the Prince, and others; whereby, besides multitudes of other Persons, many such, as were by the Parliament intrust∣ed and imployed, for the safety of the Nation; being by Him or His Agents, Corrupted, to the betraying of Their Trust, and revolting from the Parliament, have had entertainment and Commission, for the continuing and re∣newing

of War and Hostility, against the said Parliament and People as aforesaid. By which cruel and unnatural Wars by Him, the said CHARLES STƲART, levyed, continued, and renewed, as aforesaid, much Innocent Blood of the Free-people of this Na∣tion hath been spilt; many Families have been undone, the Publike Treasury wasted and ex∣hausted, Trade obstructed, and miserably de∣cayed; vast expence and damage to the Nati∣on incurred, and many parts of the Land spoyled, some of them even to Desola∣tion.

And for further prosecution of His said e∣vil Designs, He, the said CHARLES STƲART, doth still continue his Com∣missions to the said Prince, and other Rebels, and Revolters, both English 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 threatened, upon the pro∣curement, and on the behalf of the said Charls Stuart.

All which wicked Designs, Wars, and e∣vil Practises of Him, the said CHARLES STƲARRT, have been, and are carryed on, for the advancing and upholding of the Per∣sonal Interest of Will and Power, and pre∣tended

Prerogative to Himself and his Family, against the publique Interest, Common Right, Liberty, Justice, and Peace Of the People of this Nation, by, and for whom he was entrust∣ed, as aforesaid.

By all which it appeareth, that He, the said CHARLS STUART, hath been, and is the Occasioner, Author, and Contriver of the said Ʋnnatural, Cruel, and bloody Wars, and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoils, Desolations, Dam∣age and Mischief to this Nation, acted or com∣mitted in the said Wars, or occasioned thereby.

And the said John Cook, by Protestation (saving on the behalf of the People of Eng∣land, the liberty of Exhibiting at any time hereafter, any other Charge against the said Charls Stuart; and also of replying to the An∣swers 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 behalf of the said People of England, Impeach the said CHARLS STUART, as a Tyrant, Tray∣tor, Murtherer, and a publike, and Implacable Enemy to the Common-wealth of England: And pray, That the said CHARLS STUART, King of England, may be put to answer All and Every the Premises, That such Proceed∣ings,

Examinations, Tryals, Sentence, and Judgment may be thereupon had, or shall be agreeable to Justice.

IT is observed, that the time the Charge was reading, the King sate down in his Chair, looking sometimes on the Court, sometimes up to the Galleries; and having risen again, and turned about to behold the Guards and Spectators, sate down, looking very sternly, with a countenance not at all moved, till these words, viz. Charls Stuart (to be a Tyrant and Traytor, &c.) were read, at which he laughed as he sate in the face of the Court.

The Charge being read the Lord President replyed:

Lord President.

Sir, you have now heard your Charge read, containing such matter as appears in it; you finde, That in the close of it, it is prayed to the Court, in the behalf of the Commons of England, that you answer to your Charge. The Court expects your Answer.

The King.

I would know by what power I am called hither: I was, not long ago, in the Isle of Wight, how I came there, is a longer story then I think is fit at this time for me to speak of; but there I entred into a Treaty with both Houses of Parliament with as

much publique faith as it's possible to be had of any people in the world. I treated there with a number of Honorable Lords and Gen∣tlemen, and treated honestly and uprightly; I cannot say but they did very nobly with me, we were upon a conclusion of the Treaty. Now I would know by what Authority, I mean, lawful; there are many unlawful Au∣thorities in the world, Theeves and Robbers by the high-ways: but I would know by what Authority I was brought from thence, and carryed from place to place, (and I know not what,) and when I know what lawful Authority, I shall answer: Remember I am your King, your lawful King, and what sins you bring upon your heads, and the Judgment of God upon this Land, think well upon it, I say, think well upon it, before you go further from one sin to a greater; therefore let me know by what lawful Authority I am seated here, and I shall not be unwilling to answer, in the mean time I shall not betray my Trust: I have a Trust committed to me by God, by old and lawful descent, I will not betray it to answer to a new unlawful Authority, there∣fore resolve me that, and you shall hear more of me.

Lord President.

If you had been pleased to have observed what was hinted to you, by

the Court, at your first coming hither, you would have known by what Authority; which Authority requires you, in the name of the People of England, of which you are E∣lected King, to answer them.

The King.

No Sir, I deny that.

Lord President.

If you acknowledg not the Authority of the Court, they must proceed.

The King.

I do tell them so, England was never an Elective Kingdom, but an Hereditary Kingdom for neer these thousand years; there∣fore let me know by what Authority I am called hither: I do stand more for the Liberty of my People then any here that come to be my pretended Judges; and therefore let me know by what lawful Authority I am seated here, and I will answer it, otherwise I will not answer it.

Lord President.

Sir, how really you have managed your Trust, is known; your way of answer is to interrogate the Court, which be∣seems not you in this condition. You have been told of it twice or thrice.

The King.

Here is a Gentleman, Lievt. Col. Cobbet, (ask him) if he did not bring me from the Isle of Wight by force? I do not come here as submitting to the Court; I wil stand as much for the priviledg of the house of Cōmons, right∣ly understood, as any man here whatsoever. I

see no House of Lords here that may constitute a Parliament, and (the King too) should have been. Is this the bringing of the King to his Parliament? Is this the bringing an end to the Treaty in the publike Faith of the world? Let me see a legal Authority warranted by the Word of God, the Scriptures, or warranted by the Constitutions of the Kingdom, and I will answer.

Lord President.

Sir, You have propounded a Question, and have been answered: seeing you will not answer, the Court will consider how to proceed; in the mean time, those that brought you hither, are to take charge of you back again.

The Court desires to know whether this be all the Answer you will give, or no.

The King.

Sir, I desire that you would give me, and all the world, satisfaction in this; let me tell you, it is not a slight thing you are a∣bout. I am sworn to keep the Peace by that duty I ow to God and my Country, and I will do it to the last breath of my body, and there∣fore you shall do well to satisfie first God, and then the Country, by what Authority you do it, if you do it by a usurped Authority, that will not last long. There is a God in Heaven that will call you, and all that give you Power, to account: Satisfie me in that, and I will

answer, otherwise I betray my Trust, and the Liberties of the People, and therefore think of that, and then I shall be willing. For I do avow, That it is as great a sin to withstand lawful Authority, as it is to submit to a Ty∣rannical, or any other ways unlawful Autho∣rity, and therefore satisfie God, and me, and all the world in that, and you shall receive my Answer: I am not afraid of the Bill.

Lord President.

The Court expects you should give them a final Answer, their pur∣pose is to adjourn till Monday next, if you do not satisfie your self, though we do tell you our Authority; we are satisfied with our Au∣thority, and it is upon Gods Authority and the Kingdoms, and that Peace you speak of will be kept in the doing of Justice, and that's our present Work.

The King.

Let me tell you, if you will shew me what lawful Authority you have, I shall be satisfied; But that you have said satis∣fies no reasonable man.

Lord Presid.

That's in your apprehension: we think it reasonable that are your Judges.

The King.

'Tis not my apprehension, nor yours neither, that ought to decide it.

Lord Presid.

The Court hath heard you, and you are to be disposed of as they have com∣manded.

Two things were remarkable in this days Proceedings.

• 1. It is to be observed, That as the Charge was reading against the King, the silver head of his staff fell off, the which he wondred at, and seeing none to take it up, he stoops for it himself.
• 2. That as the King was going away, he looked with a very austere countenance upon the Court, with stirring of his Hat replyed, Well Sir, (when the Lord Pre∣sident commanded the Guard to take him away,) and at his going down, he said, I do not fear that, (pointing with his Staff at the Sword). The people in the Hall, as he went down the stairs, cryed out, some, God save the King, and some for Justice.

O Yes being called, the Court adjourned till Monday next, January 22. at 9. in the morn∣ing to the painted Chamber, and from thence to the same place again in Westminster Hall.

At the high Court of Justice sitting in West∣minster Hall, Munday, January 22. 1648.

O Yes made. Silence commanded. The Court called, and answered to their names.

Silence commanded upon pain of imprison∣ment, and the Captain of the Guard to ap∣prehend all such as make disturbance.

Upon the Kings coming in a shout was made.

Command given by the Court to the Cap∣tain of the Guard to fetch and take into his cu∣stody those who make any disturbance.

Mr Solicitor.

May it please your Lordship, my Lord President,

I did at the last Court in the behalf of the Commons of England, exhibit and give into this Court a Charge of high Treason, and other high Crimes, against the Prisoner at the Bar, whereof I do accuse him in the name of the People of England, and the Charge was read unto him, and his Answer required. My Lord, He was not then pleased to give an Answer, but instead of answering, did there dispute the Authority of this high Court. My humble Motion to this high Court, in behalf of the

Kingdom of England, is, That the Prisoner may be directed to make a positive Answer, either by way of Confession, or Negation; which if he shall refuse to do, That the matter of Charge may be taken pro confesso, and the Court may proceed according to justice.

Lord President.

Sir, You may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge against you, containing a Charge of high Treason, and other high Crimes, against this Realm of England; you heard likewise, that it was prayed in the behalf of the People, that you should give an Answer to that Charge, that thereupon such proceedings might be had as should be agreeable to justice; you were then pleased to make some scruples concerning the Authority of this Court, and knew not by what Authority you were brought hither; you did divers times pro∣pound your Questions, and were as often an∣swered, That it was by authority of the Com∣mons of England assembled in Parliament, that did think fit to call you to account for those high and capital Misdemeanours where∣with you were then charged. Since that the Court hath taken into Consideration what you then said, they are fully satisfied with their own authority, and they hold it fit you should

stand satisfied with it too; and they do re∣quire it, that you do give a positive and parti∣cular Answer to this Charge that is exhibited against you, they do expect you should either confess or deny it; if you deny, it is offered in the behalf of the Kingdom to be made good against you; their authority they do avow to the whole world, that the whole Kingdom are to rest satisfied in, and you are to rest satisfied with it, and therefore you are to lose no more time, but to give a positive Answer there∣unto.

The KING.

When I was here last, 'tis ve∣ry true, I made that Question, and truly if it were only my own particular case, I would have satisfied my self with the Protestation I made the last time I was here against the lega∣lity of this Court, and that a King cannot be tryed by any Superiour Jurisdiction on Earth; but it is not my case alone, it is the Freedom and the Liberty of the People of England, and do you pretend what you will, I stand more for their Liberties. For if Power without Law may make Laws, may alter the fundamental Laws of the Kingdom, I do not know what Subject he is in England, that can be sure of his life, or any thing that he calls his own; therefore when that I came here, I did expect particular Reasons, to know by what Law,

what Authority you did proceed against me here, and therefore I am a little to seek what to say to you in this particular, because the Affir∣mative is to be proved, the Negative often is very hard to do: but since I cannot perswade you to do it, I shall tell you my Reasons as short as I can.

My Reasons why in Conscience, and the du∣ty I owe to God first, and my People next, for the preservation of their Lives, Liberties and Estates; I conceive I cannot answer this, till I be satisfied of the legality of it.

All proceedings against any man whatso∣ever—

Lord President.

Sir, I must interrupt you, which I would not do, but that what you do is not agreeable to the proceedings of any Court of Justice, you are about to enter into Argument, and dispute concerning the Autho∣rity of this Court, before whom you appear as a Prisoner, and are charged as an high Delin∣quent; if you take upon you to dispute the Authority of the Court, we may not do it, nor will any Court give way unto it, you are to submit unto it, you are to give in a punctual and direct Answer, whether you will answer your Charge or no, and what your Answer is.

The KING.

Sir, by your favour, I do not know the forms of Law, I do know Law and

Reason, though I am no Lawyer profess'd, but I know as much Law as any Gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more then you do, and therefore if I should impose a belief upon any man without Rea∣sons given for it, it were unreasonable; but I must tell you, That that Reason that I have as thus informed, I cannot yield unto it.

Lord President.

Sir, I must interrupt you, you may not be permitted, you speak of Law and Reason, it is fit there should be Law and Reason, and there is both against you. Sir, the Vote of the Commons of England assem∣bled in Parliament, it is the Reason of the Kingdom, and they are these that have given to that Law, according to which you should have ruled and raigned: Sir, you are not to dispute our Authority, you are told it again by the Court. Sir, it will be taken notice of, that you stand in contempt of the Court, and your contempt will be recorded accordingly.

The KING.

I do not know how a King can be a Delinquent; but by any Law that ever I heard of, all men (Delinquents, or what you will) let me tell you, they may put in De∣murrers against any proceeding as legal, and I do demand that, and demand to be heard with my Reasons, if you deny that, you deny Rea∣son.

Lord President.

Sir, you have offered some∣thing to the Court, I shall speak something un∣to you the sence of the Court. Sir, neither you nor any man are permitted to dispute that point, you are concluded, you may not demur the Jurisdiction of the Court, if you do, I must let you know, that they over-rule your Demur∣rer, they sit here by the Authority of the Com∣mons of England, and all your Predecessors, and you are responsible to them.

King.

I deny that, shew me one president.

Lord President.

Sir, you ought not to in∣terrupt while the Court is speaking to you, this point is not to be debated by you, neither will the Court permit you to do it, if you offer it by way of Demurrer to the Juris∣diction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction.

The King.

I say Sir, by your favour, that the Commons of England was never a Court of Judicature, I would know how they came to be so.

Lord President.

Sir, You are not to be per∣mitted to go on in that speech, and these dis∣courses.

Then the Clerk of the Court read, as fol∣loweth:

CHARLS STUART King of England,

You have been accused on the behalf of the People of England of high Treason, and other high Crimes; the Court have determined that you ought to answer the same.

The King.

I will answer the same so soon as I know by what Authority you do this.

Lord President.

If this be all that you will say, then, Gentlemen, you that brought the Prisoner hither, take charge of him back a∣gain.

The King.

I do require that I may give in my Reasons why I do not answer, and give me time for that.

Lord President.

Sir, 'Tis not for Prisoners to require.

The King.

Prisoners? Sir, I am not an or∣dinary Prisoner.

Lord President.

The Court hath consider∣ed of their Jurisdiction, and they have already affirmed their Jurisdiction; if you will not answer, we shall give order to record your default.

The King.

You never heard my Reasons yet.

Lord President.

Sir, Your Reasons are not to be heard against the highest Jurisdiction.

The King.

Shew me that Jurisdiction where Reason is not to be heard.

Lord President.

Sir, We shew it you here,

the Commons of England; and the next time you are brought, you will know more of the pleasure of the Court, and, it may be, their final determination.

The King.

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

Lord President.

Serjeant, Take away the Prisoner.

The King.

Well Sir, Remember that the King is not suffered to give in his Reasons for the Liberty and Feeedom of all his Subjects.

Lord President.

Sir, You are not to have liberty to use this language; how great a friend you have been to the Laws and Liber∣ties of the People, let all England and the world judg.

The King.

Sir, under favour, it was the Li∣berty, Freedom, and Laws of the Subject that ever I took — defended my self with Arms, I never took up Arms against the People, but for the Laws.

Lord President.

The Command of the Court must be obeyed; no answer will be gi∣ven to the Charge.

The King.

Well Sir.

Then the Lord President ordered the de∣fault to be recorded, and the contempt of the Court, and that no answer would be given to the Charge.

And so was guarded forth to Sir Robert Cottons house.

Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock, and from thence they intend to adjourn to West∣minster Hall, at which time all persons concern∣ed are to give their attendance.

At the high Court of Justice sitting in West∣minster Hall, Tuesday, Ianuary 23. 1648.

O Yes made. Silence commanded. The Court called. Seventy three persons present.

The King comes in with his Guard, looks with an austere countenance upon the Court, and sits down.

The second O Yes made, and silence com∣manded.

Mr Cook Solicitor General.

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 pri∣soner 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 this 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 paid him for that end, should be guilty of a wicked design, subvert and de∣stroy our Laws, and introduce an Arbitrary, and Tyrannical Government, in the defence of the Parliament and their Authority, set up his Standard for War against his Parliament and People; and I did humbly pray, in the be∣half of the People of England, that he might speedily be required to make an Answer to the Charge.

But, my Lord, instead 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 required 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, Be∣sides this great delay of Justice; I shall now humbly move your Lordship for speedy Judg∣ment against him. My Lord, I might press your Lordship upon the whole, That accord∣ing

to the known Rules of the Law of the Land, That if a Prisoner shall stand as contu∣macious 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 favor then the Prisoner at the Bar has done▪ But be∣sides, my Lord, I shall humbly press your Lordship upon the whole Fact; The House of Commons, the supream Authority and Juris∣diction 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 chrystal, and as the Sun that shines at noon day, which if your Lordship and the Court be not satisfied in it have notwithstand∣ing, on the People of Englands behalf, seve∣ral 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.

Lord President.

Sir, You have heard what is moved by the Councel on the

behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget what delatory 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 Supream 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 carri∣age, 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 supream Court of England, to be thus trifled withal, and that they might in Justice, if they pleased, and according to the Rules of Justice, take advantage of these de∣lays, and proceed to pronounce judgment a∣gainst you; yet nevertheless they are pleased to give direction, and on their behalfs I do re∣quire you, That you make a positive Answer unto this Charge that is against you Sir, in plain

terms, for Justice knows no respect of per∣sons; you are to give your positive and finall 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 Eng∣land; I was interrupted: I desire to know yet whether I may speak freely or not.

Lord President.

Sir, You have had the Resolution of the Court upon the like Questi∣on the last day, and you were told, That hav∣ing such a Charge of so high a Nature against you, and 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 ad∣vantage 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 concern∣ing

the Matter that is CHARG'D upon you.

The King.

For the Charge, I value it not a Rush, it is the Liberty of the People of Eng∣land 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 Obli∣gations 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 ac∣knowledge 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 untill that I may know that this is not against the Fundamental Laws of the Kingdom, by your favour I can put in no particular * 1.1 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 Prisoner: I was in a Treaty upon the publique Faith of

the Kingdom, that was the known — two Houses of Parliament that was the Repre∣sentative 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 —

Here the Lord President said; Sir, you must know the pleasure of the Court.

The King.

By your favour Sir:

Lord President.

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 An∣swer — Clark. Do your Duty.

The King.

Duty Sir!

The Clark reads.

CHARLES STƲART, 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 con∣fession, or denial of the Charge.

The King.

Sir, I say again to you, so that I might give satisfaction to the People of Eng∣land 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 committed to me, I would do it; but to acknowledge a new Court against their Priviledges, to alter the fun∣damental Laws of the Kingdom, Sir you must excuse me.

Lord President.

Sir, this is the the third time that you have publiquely disown'd this Court, and put an affront upon it; how far you have preserv'd Priviledges of the People, your actions have spoke it; but truly Sir, mens in∣tentions ought to be known by their actions, you have written your meaning in bloudy Characters throughout the whole Kingdom; but Sir you understand the pleasure of the Court,— Clerk Record the default,— and Gen∣tlemen, you that took charge of the Prisoner, take him back again.

The 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.

Lord President.

Sir, you have heard the pleasure of the Court, and you are (notwith∣standing you will not understand it) to find that you are before a COURT of JUS∣TICE.

Then the King went forth with his Guard, and Proclamation was made, That all persons which had then appear'd, and had further to do at the Court might depart into the Painted-Chamber, to which place the Court did forth∣with adjourn, and intended to meet in West∣minster Hall by ten of the clock the next morning.

Cryer.

God bless the Kingdom of Eng∣land.

Wednesday January 4. 1648.

THis day it was expected the High Court of Justice would have met in Westminster Hall about ten of the clock, but at the time ap∣pointed one of the Ushers by direction of the Court (then sitting in the Painted Chamber) gave notice to the people there assembled, That in regard the Court was then upon the exami∣nation of Witnesses in relation to present af∣fairs, in the Painted-Chamber, they could not sit there, but all persons appointed to be there, were to appear upon further Summons.

The Proceedings of the High Court of Justice sitting in Westminster Hall, on Saturday the 27. of January, 1648.

O Yes made. Silence commanded. The Court called. Serjeant Bradshaw, Lord Pre∣sident (in a Scarlet robe) with sixty eight other Members of the Court.

As the King comes in, a cry made in the Hall for Execution, Iustice, Execution.

King.

I shall desire a word to be heard a little, and I hope I shall give no occasion of in∣terruption.

Lord President.

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

King.

If it please you Sir, I desire to be heard, and I shall not give any occasion of in∣terruption, and it is only in a word, a sudden Judgment.—

Lord President.

Sir you shall be heard in due time, but you are to hear the Court first.

King.

Sir, I desire it will be in order to what I believe the Court will say; and there∣fore

Sir, an hasty Judgment is not so soon re∣call'd.

Lord President.

Sir, You shall be heard be∣fore the Judgment be given, and in the mean time you may forbear.

King.

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

Lord President.

Gentlemen, it is well known to all, or most of you here present, That the Prisoner at the Bar hath been severall times convented and brought before the Court to make Answer to a Charge of Treason, and o∣ther high crimes exhibited against him in the name of the People of * 1.2 Eng∣land, to which Charge being re∣quired to Answer, he hath been so far from obeying the commands of the Court by submitting to their Justice, as he began to take upon him to offer reasoning and debate unto the Authority of the Court, and of the highest Court that con∣stituted them to Try and judge him; but being over-ruled in that, and required to make his Answer, he was still pleased to continue contu∣macious, and to refuse to submit or Answer: Hereupon the Court▪ that they may not be

wanting to themselves, to the trust reposed in them, nor that any mans wilfulness pre∣vent Justice, they have thought fit to take the matter into their consideration; They have considered of the contumacy, and of that con∣fession, which in Law doth arise upon that contumacy; They have likewise considered of the notoriety of the Fact charg'd upon this Pri∣soner, and upon the whole matter they are re∣solved, and have agreed upon a Sentence to be now pronounced against this Prisoner: but in respect he doth desire to be heard, before the Sentence be read, and pronounc'd, the Court hath resolved that they will hear him; yet Sir, thus much I must tell you before-hand, which you have been minded of at other Courts, That if that you have to say be to offer any debate concerning Jurisdiction, you are not to be heard in it, you have offered it formerly, and you have indeed struck at the root, that is the power and Supreme Authority of the Com∣mons of England, which this Court will not admit a debate of, and which indeed is an irra∣tional thing in them to do, being a Court that acts upon Authority derived from them, that they should presume to judge upon their Supe∣rior, from whom there's no Appeal. But Sir, if you have any thing to say in defence of your self concerning the matter charged, the Court hath

given me in command to let you know they will hear you.

The King.

Since that I see that you will ••ot hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it, but only I must tell you, That this many a day all things have been taken a∣way from me, but that that I call more dearer to me then my life, which is, My Conscience and my Honor; and if I had respect to my Life more then the Peace of the Kingdom, the Li∣berty of the Subject, certainly I should have made a particular defence for my self, for by that at leastwise I might have delayed an ugly Sentence, which I believe will pass upon me; Therefore certainly Sir, as a man that hath some understanding, some knowledge of the world, if that my true zeal to my Country had not over-born the care that I have of my own preservation, I should have gone ano∣ther way to work then that I have done; Now Sir I conceive, That an hasty Sentence once past may sooner be repented then recalled, and truly, the self-same desire that I have for the Peace of the Kingdom, and the Liberty of the Subject, more then my own particular, does make me now at last desire, That having some∣thing

for to say that concerns both, I desire be∣fore Sentence be given, that I may be heard in the Painted-Chamber before the Lords and Commons, this delay cannot be prejudicial to you whatsoever I say, if that I say no reason, those that hear me must be Judges, I cannot be Judge of that that I have, if it be reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on't very well tis worth the hearing; Therefore I do conjure you, as you love that that you pretend, I hope it's real, the Liberty of the Subject, the Peace of the Kingdom, that you will grant me the hearing before any Sentence be past, I only desire this, that you will take this into your consideration, it may be you have not heard of it before hand, if you will I'le retire, and you may think of it, but if I cannot get this Liber∣ty, I do here protest that so fair shews of Li∣berty and Peace are pure shews, and not o∣therwise, then that you will not hear your KING.

Lord President.

Sir, you have now spo∣ken.

King.

Yes Sir.

Lord President.

And this that you have said is a further declining of the Iurisdiction of this Court, which was the thing wherein you were limited before

King.

Pray excuse me Sir, for my inter∣ruption, because you mistake me, It is not a de∣clining of it, you do judge me before you hear me speak, I say it will not, I do not decline it, though I cannot acknowledge the Jurisdiction of the Court; Yet Sir, in this give me leave to say▪ I would do it, though I did not acknow∣ledge it in this, I do protest it is not the de∣clining of it, since I say, if that I do say any thing but that that is for the Peace of the Kingdom, 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'le withdraw.

Lord President.

Sir, This is not altogether new that you have moved unto us, not altoge∣ther new to us, though the first time in Person you have offered it to the Court▪ Sir, you say you do not Decline the Jurisdiction of the Court.

King.

Not in this that I have said.

Lord President.

I understand you well Sir, but nevertheless that which you have of∣fered, seems to be contrary to that saying of yours; for the Court are ready to give a Sen∣tence: it is not as you say, That they will not hear your King, for they have been ready to hear you; they have patiently wa••ted your plea∣sure for three Courts together, to hear what

you would say to the Peoples Charge against you, to which you have not vouchsafed to give any Answer at all; Sir, This tends to a further delay: Truly Sir, such delaies as these neither may the Kingdom, nor Justice well bear; You have had three several daies to have offered in this kind what you would have pleased; This Court is founded upon that Authority of the Commons of England, in whom rests the Su∣preme Jurisdiction; That which you now ten∣der is to have another Jurisdiction, and a Co∣ordinate Jurisdiction, I know very well you express your self. Sir, That notwithstanding that you would offer to the Lords and Com∣mons in the Painted Chamber, yet neverthe∣less you would proceed on here, I did hear you say so; but Sir, That you would offer there, what ever it is, it must needs be in delay of the Justice here, so as if this Court be resolved, and prepared for the Sentence, this that you offer they are not bound in Justice to grant; but Sir, according to that you seem to desire, and be∣cause you shall know the further pleasure of the Court upon that which you have moved, the Court will withdraw for a time.

King.

Shall I withdraw?

Lord President.

Sir, Yow shall know the pleasure of the Court presently, the Court withdraws for half an hour into the Court of Wards

Sergeant at Arms, the Court gives command that the Prisoner be withdrawn, and they give order for his return again.

The Court withdraws for half an hour and returns.

Lord President.

Sergeant at Arms, send for your prisoner.

Sir, you were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords in the Painted Chamber for the Peace of the Kingdom; Sir, you did in effect receive an An∣swer before the Court adjourned; Truly Sir, their withdrawing and adjournment was pro forma tantum, for it did not seem to them that there was any difficulty in the thing; they have considered of what you have moved, and have considered of their own Authority, which is founded, as hath been often said, upon the Su∣pream Authority of the Commons of England Assembled in Parliament. The Court acts ac∣cordingly to their Commission▪ Sir, the return I have to you from the Court, is this; That they have been too much delayed by you al∣ready, and this that you now offer hath occasioned some little further delay, and they are JUDGES appointed by the highest JUDGES, and Judges are

no more to delay then they are to deny Justice, they are good words in the old Charter of England, Nulli negabimus, nulli vendemus, nulli deferremus Justitiam: There must be no delay, but the truth is Sir, and so every man here observes it, That you have much de∣layed them in your contempt and default, for which they might long since have proceeded to judgment against you, and notwithstanding what you have offered, they are resolved to proceed to punishment, and to Judgment, and that is their unanimous resolution.

King.

Sir, I know it is in vain for me to dispute, I am no Sceptick for to deny the Po∣wer that you have, I know that you have Po∣wer enough; Sir, I confess, I think it would have been for the Kingdoms Peace, if you would have taken the pains for to have shewn the Lawfulness of your Power, for this delay that I have desired, I confess it is a delay, but it is a delay very important for the Peace of the Kingdom, for it is not my Person that I look on alone, it is the Kingdoms well-fare, and the Kingdoms Peace, it is an old Sentence, That we should think on long before we have resol∣ved of great matters suddenly; Therefore Sir, I do say again, That I do put at your doors all the inconveniency of an hasty Sentence, I con∣fess, I have been here now I think this week,

this day eight days was the day I came here first, but a little delay of a day or two further may give Peace, whereas an hasty Judgement may bring on that trouble and perpetual incon∣veniency to the Kingdom, That the child that is unborn may repent it; and therefore again, 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 other Chamber that you will appoint me.

Lord Pres.

Sir, you have bin already answer'd to what you even now moved, being the same you moved before, since the Resolution and the Judgement of the Court in it, and the Court now requires to know whether you have any more to say for your self, then you have said, before they proceed to Sentence.

King.

I say this Sir, That if you will hear me, if you will give me but this delay, I doubt not but I shall give some satisfaction to you all here, and to my People after that, and there∣fore I do require you, as you will answer it at the dreadfull day of Judgment, that you will consider it once again.

Lord President.

Sir, I have received directi∣on from the Court.

King.

Well Sir.

Lord President.

If this must be re-enforc'd, or

any thing of this nature, your answer must be the same, and they will proceed to Sentence if you have nothing more to say.

King.

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

Lord President.

The Court then, Sir, hath something else to say unto you, which although I know it will be very unacceptable, yet not∣withstanding they are willing, and are resolv'd to discharge their Duty,

Sir, you spake very well of a precious thing that you call Peace, and it had been much to be wished that God had put it into your heart, that you had as effectually and really endea∣voured and studied the Peace of the Kingdom, as now in words you seem to pretend; but as you were told the other day, Actions must expound Intentions, yet Actions have been clean contrary; and truly Sir, it doth appear plainly enough to them, That you have gone upon very erronious principles, the Kingdom hath felt it to their smart, and it will be no ease to you to think of it, for Sir, you have held your self, and let fall such Language, as if you had been no ways Subject to the Law, or that the Law had not been your Superiour. Sir, The Court is very well sensible of it, and I hope so are all the understanding People of England,

That the Law is your Superiour, That you ought to have ruled according to the Law, you ought to have done so: Sir, I know very well your pretence hath been that you have done so, but Sir, the difference hath been who shall be the Expositors of this Law, Sir, whether you and your Party out of Courts of Justice shall take upon them to expound Law, or the Courts of Justice, who are the Expounders; nay, the Soveraign and the High Court of Justice, the PARLIAMENT of England, that are not only the highest Expounders, but the sole makers of the Law. Sir, for you to set your self with your single judgment, and those that adhere unto you, to set your self against the highest Court of Justice, that is not Law. Sir, as the Law is your Superior, so truly Sir, there is something that is Superior to the Law, and that is indeed the Parent or Author of the Law, and that is the People of England, For Sir, as they are those that at the first▪ (as o∣ther Countries have done) did choose to them∣selves this Form of Gouernment, even for Ju∣stice sake, that Justice might be administred, that Peace might be preserved; so Sir, they gave Laws to their Governors, according to which they should Govern; and if those Laws should have proved inconvenient, or prejudiciall to the Publique, they had a power in them,

and reserved to themselves to alter as they shall see cause. Sir, it is very true, what some of your side have said, Rex non habet parem in Regno; This Court will say the same, while KING, That you have not your Peer in some sense, for you are major singulis, but they will aver again, that you are minor universis; and the same Author tels you, that in exhibitione Juris, there you have no power, but in _____ _____ quasi minimus. This we know to be Law, Rex habet superio∣rem, Deum & Legem, etiam & curiam, and so says the same Author; and truly, Sir, he makes bold to go a little further, Debent ei po∣nere frenum, they ought to bridle him; and Sir, we know very well the stories of old, Those Wars that were called the Barons Wars, when the Nobility of the Land did stand out for the Liberty and Property of the Subject, and would not suffer the Kings that did invade to play the Tyrants free••, but called them to account for it, we know that truth, That they did Frenum ponere, But Sir, if they do forbear to do their Duty now, and are not so mindfull of their own Honor and the Kingdoms good, as the Barons of England of old were, certain∣ly the Commons of England will not be un∣mindfull of what is for their preservation, and for their safety, Justitiae fruendi causâ Reges

constituti sunt. This we learn, the end of ha∣ving Kings, or any other Governors, it's for the enjoying of Justice, that's the end. Now Sir, if so be the King will go contrary to that End, or any other Governor will go contrary to the end of his Government; Sir, he must under∣stand that he is but an Officer in trust, and he ought to discharge that Trust, and they are to take order for the animadversion▪ and punish∣ment of such an offending Governor.

This is not Law of yesterday Sir, (since the time of the division betwixt you and your Peo∣ple,) but it is Law of old; And we know very well the Authors and the Authorities that do tell us what the Law was in that point upon the Election of Kings, upon the Oath that they took unto their People; and if they did not observe it, there were those things called Par∣liaments; The Parliaments were they that were to adjudge (the very words of the Au∣thor) the plaints and wrongs done of the King and the Queen, or their Children, such wrongs especially when the People could have no where else any remedy. Sir, that hath been the People of Englands case, they could not have their remedy elsewhere but in Parliament.

Sir, Parliaments were ordained for that purpose to redress the grievances of the People, that was their main end; and truly Sir, if so

be that the Kings of England had been rightly mindfull of themselves, they were never more in Majesty and State then in the Parliament: but how forgetful some have been, Stories have told us; We have a miserable, a lament∣able, 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 let fall the other day, you thought you had as much know∣ledg in the Law, as most Gentlemen in England, it is very well Sir. And truly Sir, it is very fit for the Gentlemen of England to understand that Law under which they must live, and by which they must be governed. And then Sir, the Scripture says, They that know their Ma∣sters will and do it not, what follows? The Law is your Master, the Acts of Parliament.

The Parliaments were to be kept anciently we find in our old Author twice in the year, That the subject upon any occasion might have a ready remedy and redress for his Grievance. Afterwards by several Acts of Parliament in the days of your Predecessor Edward the third, they must have been once a year. Sir what the intermission of PARLIAMENTS hath been in your time it is very well known, and the sad Consequences of it, and what in the interim instead of these PARLIA∣MENTS, hath been by you by an high

and Arbitrary hand introduced upon the Peo∣ple, that likewise hath been too well known and felt. But when God by his Providence had so far brought it about, that you could no longer decline the calling of a Parliament, Sir, yet it will appear what your ends were a∣gainst the Ancient and your Native Kingdom of SCOTLAND: The Parliament of England not serving your ends against them, you were pleased to dissolve it. Another great necessity occasioned the calling of this Parliament, and what your Designs and Plots and endeavours all along have been for the crushing and confounding of this Parlia∣ment, hath been very notorious to the whole Kingdom; And truly Sir, in that you did strike at all; That had been a sure way to have brought about that that this Charge laies up∣on you, Your Intention to Subvert the FƲNDAMENTAL LAWES of the Land. For the great Bulwark of the Liberties of the People, is the PARLIA∣MENT of England▪ and to Subvert and Root up that, which your aim hath been to do, certainly at one blow you had confoun∣ded the liberties and the property of England.

Truly Sir, it makes me call to minde, I cannot forbear to express it, for Sir, we must deal plainly with you, according to the

merits of your cause, so is our Commission, it makes me call to mind (these proceedings of yours) That we read of a great Roman Empe∣ror, by the way let us call him a great Roman Tyrant, Caligula, That wisht that the People of Rome had had but one neck, that at one blow he might cut it off: and your proceedings hath been somewhat like to this; for the body of the People of England hath been (and where else) represented but in the 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 pleased for to Confound your designs, and to break your Forces, and to bring your Person into Custody that you might be responsible to Justice.

Sir, we know very well, That it is a questi∣on on your side very much prest, by what Pre∣sident we shall proceed? Truly Sir, for Presi∣dents, I shall not upon these occasions institute any long discourse, but it is no new thing to cite Presidents almost of all Nations, where the People (when power hath been in their hands) have been made bold to call their Kings to account, and where the change of Governe∣ment hath been upon occasion of the Tyranny and Mis-Government of those that have been placed over them; I will not spend time to

mention France, or Spain, or the Empire, or other Countries, volumes may be written of it; But truly Sir, that of the Kingdom of Aragon, I shall think some of us have thought upon it, when they have the Justice of Ara∣gon, that is a man tanquam in medio positus, betwixt the King of Spain, and the people of the Country, that if wrong be done by the King he that is the King of Aragon, the Ju∣stice hath power to reform the wrong, and he is acknowledged to be the Kings Superiour, and is the grand preserver of their priviledges, and hath prosecuted Kings upon their miscar∣riages.

Sir; What the Tribunes of Rome were here∣tofore, and what the Ephori were to the La∣cedemonian State we know, that is the Parlia∣ment of England to the English State; and though Rome seemed to lose it's Liberty when once the Emperors were; yet you shall find some famous Acts of Justice even done by the Senate of Rome, that great Tyrant of his time Nero, condemned and judged by the Senate. But truly Sir, to you I should not mention these Forreign examples and stories. If you look but over Tweed, we find enough in your na∣tive Kingdom of Scotland, If we look to your first King Fergusius that your stories make

mention of, he was an elective King, he dyed, and left two Sons both in their minority, the Kingdom made choyce of their Unkle his Bro∣ther to govern in the minority; afterwards the elder brother giving small hopes to the people that he would rule or govern well, seeking to supplant that good Unkle of his that governed then justly, they set the elder aside, and took to the younger. Sir, if I should come to what your stories make mention of▪ you know very well you are the 109. King of Scotland, for to mention so many Kings as that Kingdom, according to their power and privi∣ledg, have made bold to deal withal, some to banish, and some to imprison, and some to put to death, it would be too long; and as one of your own Authors says, it would be too long to recite the manifold examples that your own stories make mention of; Reges (say they) we do create, we created Kings at first; Leges, &c. We imposed Laws upon them; and as they are chosen by the suffrages of the people at the first, so, upon just occasion, by the same suffrages they may be taken down again: and we will be bold to say, that no Kingdom hath yeelded more plentiful experience then that your Native Kingdom of Scotland, hath done concerning the deposition and the punish∣ment of their offending and transgressing Kings, &c.

It is not far to go for an example neer you, our Grandmother set aside, and your Father ••n Infant crowned; and the State did it here ••n England, here hath not been a want of ••ome examples, they have made bold (the Par∣••iament, and the People of England) to call ••heir Kings to account, there are frequent ••xamples of it in the Saxons time, the time before the Conquest; since the Conquest here want not some presidents neither, King Edward the second, King Richard the second, were dealt with so by the Parliament, as they were deposed and deprived; and truly Sir, who ever shall look into their stories, they ••hall not finde the Articles that are charged up∣on them to come neer to that height and capi∣talness of Crimes that are layd to your charge, nothing neer.

Sir, You were pleased to say the other day wherein they discent, and I did not contradict it, but take altogether, Sir, if you were as the Charge speaks, and no o∣••herwise admitted King of ENGLAND, but for that you were pleased then to alledg, now that almost for a thousand years these things have been, stories will tell you, if you go no higher then the time of the Con∣quest, if you do come down since the Con∣quest, you are the Twenty fourth King from

William called the Conqueror, you shall find one half of them to come meerly from the State, and not meerly upon the point of Dis∣cent; it were easie to be instanced to you, the time must not be lost that way. And truly Sir, what a grave and learned Judge in his time and well known to you, and is since printed for po∣sterity, That although there was such a thing as a discent many times, yet the Kings of En∣land ever held the greatest assurance of their Titles when it was declared by Parliament: And Sir, your Oath, the manner of your Coro∣nation doth shew plainly, That the Kings of England, although it's true by the Law the next Person in bloud is designed; yet if there were just cause to refuse him, the people of England might do it. For there is a Contract, and Bargain made between the King and his People, and your Oath is taken, and certainly Sir, the Bond is reciprocal, for as you are the liege Lord, so they liege subjects, and we know very well that hath been so much spoken of, Ligantia est duplex, This we know now, the one tye, the one Bond, is the bond of perfecti∣on that is due from the Soveraign, the other is the Bond of Subjection that is due from the Subject, Sir if this Bond be once broken, fare∣well Soveraignty, Subjectio trahit, &c.

These things may not be denyed Sir, I speak

it the rather, and I pray God it may work up∣on your heart, that you may be sensible of your miscarriages. For whether you have been as by your Office you ought to be, a Prote∣ctor of England, or the destroyer of England, let all England judge, or all the world that hath look'd upon it. Sir, though you have it by In∣heritance in the way that is spoken of, yet it must not be denyed that your Office was an Office of Trust, and indeed, an Office of the highest Trust lodged in any single person; For as you were the grand Administrator of Ju∣stice, and others were as your Deligates to see it done throughout your Realms, If your great Office were to do Justice and preserve your People from wrong, and instead of doing that you will be the great wrong doer your self; If instead of being a Conservator of the Peace, you will be the Grand disturbe of the Peace, surely this is contrary to your Office, contrary to your Trust. Now Sir, if it be an Office of Inheritance, as you speak of your Title by Discent, let all men know that great Offices are Seizable and Forfeitable, as if you had it but for a year and for your Life; There∣fore Sir, it will concern you to take into your serious consideration your great miscarriages in this kind.

Truly Sir, I shall not particularize the many

miscarriages of your Reign whatsoever, they are famously known; it had been happy for the Kingdom, and happy for you too, if it had not been so much known, and so much felt, as the story of your miscarriages must needs be, and hath been already.

Sir, That that we are now upon by the com∣mand of the highest Court hath been and is to try and judg you for these great offences of yours. Sir, the Charge hath called you Tyrant, a Traytor, a Murtherer, and a publique Ene∣my to the Commonwealth of England. Sir, It had been well, if that any of all these terms might rightly and justly have been spared, if any one of them at all.

King.

Ha?

Lord Pres.

Truly Sir, We have been told, Rex est dum bene regit, Tyrannus qui popu∣lum opp••••vit, and if so be that be the defini∣tion of a Tyrant, then see how you come short of it in your actions, whether the highest Ty∣rant by that way of Arbitrary Government, and that you have sought for to introduce, and that you have sought to put, you were putting upon the people, whether that was not as high an act of Tyranny as any of your prede∣cessors were guilty of, nay, many degrees be∣yond it.

Sir, the term Traytor cannot be spared, we

shall easily agree it must denote and suppose a breach of Trust, and it must suppose it to be done by a Superior, and therefore Sir, as the People of England might have incurred that respecting you, if they had been truly guilty of it, as to the definition of Law, so on the other side, when you did break your Trust to the Kingdom, you did break your Trust to your Superior: For the Kingdom is that for which you were trusted. And therefore Sir, for this breach of Trust when you are called to ac∣count, you are called to account by your Supe∣riors▪ Minimus ad majorem in judicium vo∣••it. And Sir, the People of England cannot be so far wanting to themselves, which God having dealt so miraculously and gloriously for, they having power in their hands, and their great Enemy, they must proceed to do 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 amiss, That you would endeavor to make your Peace with God. Truly Sir, These are your high Crimes, Tyranny and Treason.

There is a third thing too if those had not been, and that is Murther, which is layd to your charge. All the bloody Murthers that have been committed since this time that the

division was betwixt you and your People must be layd to your charge, that have been acted or committed in these late Wars. Sir, it is an heinous and crying sin; and truly Sir, if any man will ask us what punishment is due to a Murtherer, Let Gods Law, let mans Law speak. Sir, I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of mans blood; Gen. 9. Numb. 35. will tell you what the punishment is, and which this Court in behalf of the Kingdom are sensible of, of that innocent blood that has been shed, wherby indeed the Land stands stil defiled with that blood, & as the text hath it, It can no way be cleansed but with the shedding of the blood of him that shed this blood. Sir, we know no Dispensation from this blood in that Com∣mandment, 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 universal▪ Sir, Gods Law forbids it, Mans Law forbids, nor do we know that there is any manner of ex∣ception, not even in mans Laws, for the pun∣ishment of Murther in you. 'Tis true, That in the case of Kings, every private hand was not to put forth it self to this work for their Re∣formation and punishment. But Sir, the Peo∣ple

represented having power in their hands, had there been but one wilful act of Murther by you committed, had power to have con∣vented you, and to have punished you for it.

But then Sir, the weight that lies upon you in all those respects that have been spoken, by reason of your Tyranny, Treason, breach of Trust, and the Murthers that have been com∣mitted, surely Sir, it must drive you into a sad consideration concerning your eternal con∣dition: as I said at first, I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court, for so we do call our selves, and justifie our selves to be a Court, and a High Court of Justice, au∣thorized by the highest and solemnest Court of the Kingdom, as we have often said; and al∣though you do yet endeavor what you may to dis-court us, yet we do take knowledg of our selves to be such a Court as can administer Justice to you, and we are bound Sir, in duty to do it. Sir, all I shall say before the reading of your Sentence, it is but this; The Court does heartily desire, that you will seriously think of those evils that you stand guilty of Sir, you said well to us the other day, you wisht us to have God before our eyes, Truly Sir, I hope all of us have so, that God that

we know is a King of Kings, and Lord of Lords, that God with whom there is no re∣spect of persons, that God that is the avenger of innocent blood, we have that God before us, that God that does bestow a curse upon them that with-hold their hands from shed∣ing of blood, which is in the case of guilty Malefactors, and that do deserve death; That God we have before our eyes, and were it not that the conscience of our duty hath called us unto this place, and this imployment, Sir, you should have had no appearance of a Court here: but Sir, we must prefer the dis∣charge of our duty unto God, and unto the Kingdom, before any other respect whatso∣ever: and although at this time many of us, if not all of us, are severely threatened by some of your party what they intend to do, Sir, we do here declare, That we shall not decline or forbear the doing of our duty in the admini∣stration of Justice even to you, according to the merit of your offence, although God should permit those men to effect all that bloody design in hand against us. Sir, we will say, and we will declare it, as those Chil∣dren in the fiery furnace, that would not wor∣ship the golden Image that Nebuchadnezzar had set up▪ That their God was able to deliver them from that danger that they were neer

unto; but yet if he would not do it, yet, not∣withstanding that, they would not fall down and worship the Image: we shall thus apply it, That though we should not be delivered from those bloody hands and hearts that con∣spire the overthrow of the Kingdom in general, of us in particular, for acting in this great work of Justice, though we should perish in the work, yet by Gods grace, and by Gods strength, we will go on with it: And this is all our Resolutions. Sir, I say for your self, we do heartily wish, and desire, that God would be pleased to give you a sense of your sins, that you would see wherein you have done amiss, that you may cry unto him, that God would deliver you from blood-guiltiness. A good King was once guilty of that particular thing, and was clear otherwise, saving in the matter of Ʋriah. Truly Sir, the story tels us, that he was a repentant King, and it signifies enough that he had dyed for it, but that God was plea∣sed to accept of him, & to give him his pardon, thou shalt not die, but the child shal die, thou hast given cause to the enemies of God to blaspheme.

King.

I would desire onely one word be∣fore you give sentence, and that is, That you would hear me concerning those great impu∣tations that you have layd to my charge.

Lord Presid.

Sir, You must give me now

leave to go on, for I am not far from your Sentence, and your time is now past.

King.

But I shall desire you will hear me a few words to you, for truly what ever Sen∣tence you will put upon me, in respect of those heavy imputations that I see by your speech you have put upon me, Sir, It is very true that—

Lord Pres.

Sir, I must put you in minde. Truly Sir I would not willingly, at this time especially, interrupt you in any thing you have to say that is proper for us to admit of, but Sir, you have not owned us as a Court, and you look upon us as a sort of people met toge∣ther, and we know what language we receive from your party.

King.

I know nothing of that.

Lord Pres.

You dis-avow us as a Court, and therefore for you to address your self to us, not to acknowledg us as a Court to judg of what you say, it is not to be permitted; and the truth is, all along from the first time, you were pleased to dis-avow and dis-own us, the Court needed not to have heard you one word; For unless they be acknowledged a Court, and engaged, it is not proper for you to speak: Sir, we have given you too much liberty already, and admitted of too much delay, and we may not admit of any farther;

were it proper for us to do, we should hear you freely, and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether for totally excusing, or for in part excusing those great and hainous charges that in whole or in part are layd upon you. But Sir, I shall trouble you no longer, your sins are of so large a dimension, that if you do but seriously think of them, they will drive you to a sad conside∣ration of it, and they may improve in you a sad and serious repentance. And that the Court doth heartily wish that you may be so penitent for what you have done amiss, that God may have mercy at least-wise upon your better part. Truly Sir, for the other, it is our parts and duties to do that that the Law pre∣scribes, we are not here Jus dare, but Jus dicere; we cannot be unmindful of what the Scripture tells us, For to acquit the guilty is of equal abomination as to condemn the inno∣cent, we may not acquit the guilty; what sentence the Law affirms to a Traytor, Tyrant, a Murtherer, and a publike Enemy to the Country, that sentence you are now to hear read unto you, and that is the sentence of the Court.

The Lord President commands the sentence to be read. Make an O yes, and command

silence while the sentence is read.

O yes made. Silence commanded.

The Clerk read the sentence, which was drawn up in parchment.

Where as the Commons of England in Parli∣ament had appointed them an High Court of Justice for the trying of Charls Stuart King of England, 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 Kingdom of England, &c.

Here the Clerk read the Charge.

Which Charge being read unto him as afore∣said, he the said Charls Stuart was required to give his Answer, but he refused so to do, and so exprest the several passages at his Tryal in refusing to answer.

For all which Treasons and Crimes, this Court doth adjudg, That the said Charls Stuart, as a Tyrant, Traytor, Murtherer, and a publique Enemy, shall be put to Death, by the severing his Head from his Body.

After the sentence read, the Lord President said;

This sentence now read and published, it is the act, sentence, judgment, and resolution of the whole Court.

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

King.

Will you hear me a word Sir?

Lord Pres.

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

King.

No Sir?

Lord Presid.

No Sir, by your favor Sir. Guard, withdraw your Prisoner.

King

I may speak after the sentence—

By your favor Sir, I may speak after the sentence ever.

By your favor (hold) the sentence Sir—

I say Sir I do—

I am not suffered for to speak, expect what Justice other people will have.

O Yes. All maner of persons that have any thing else to do, are to depart at this time, and to give their attendance in the painted Cham∣ber, to which place this Court doth forthwith adjourn it self.

Then the Court rose, and the King went with his Guard to Sir Robert Cottons, and from thence to Whitehall.

Notes

• * 1.1

  This is as the King express'd, but I supposed he meant Ans.
• * 1.2

  Here a Malig∣nant La∣dy inter∣rupted the Court, (saying not halfe the peo∣ple) but she was soon silen∣ced.