The following report was first published 'by Authority, to prevent false and impertinent relations.' It was licensed by Gilbert Mabbot, and, so far as one can judge from internal evidence, is rather the slightly amplified transcript of a barrister's note, than the work of anybody who in those days might represent a modern newspaper reporter. The whole is carelessly put together, as far as form is concerned; the grammar is often halting, and the sentences are not always finished. But I should suppose that all the arguments used on either side are fairly indicated, except in those places where it is suggested in a note that 'authority' made excisions. If such excisions were made, however, the fact that the gaps were left in their present state is evidence of the substantial accuracy and fairness of the rest of the report. Taking a purely legal view of the matter, which no one will pretend covers the whole, or indeed the most important part of the case, one does not see why, if Bradshaw left in as much as he did, he should not have On Saturday, being the 20th day of January 1649, the Lord President of the High Court of Justice, The Court being thus sat, and Silence made, the great gate of the said Hall was set open, to the end that all persons without exception, 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 quarter of an hour's space brought him, attended with about twenty officers with partizans, marching before him, there being other gentlemen, to whose care and custody he was likewise committed, marching in his rear. Being thus brought up within the face of the Court, the Serjeant at Arms, with his mace, receives and conducts him strait to the bar, having a crimson-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 respect to the court; but presently rises up again, 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 Charles Stuart, king of England, was read over by the Clerk of the Court, who sat on one side of a table covered with a rich Turkey-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 eighty, 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 Stuart, king of England, the Commons of England assembled in Parliament being deeply sensible of the calamities that have been This said, Mr. Cook, Mr. Cook—My lord, I am commanded to charge Charles Stuart King of England, in the name of the Commons 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, and the Prisoner sat down again in his chair, looking sometimes on the High Court, sometimes up to the Galleries; and having risen again, and turned about to behold the guards and The Charge being read, the Lord President replied; Lord President—Sir, You have now heard your Charge, containing such matter as appears in it; you find, 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. 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 than I think it fit at this present time for me to speak of; but there I entered into a Treaty with both houses of Parliament, with as much public faith as it is possible to be had of any people in the world. I treated there with a number of honorable lords and gentlemen, and treated honestly and uprightly; I cannot say but they did very nobly with me, we were upon the conclusion of the Treaty. Now I would know by what authority, I mean lawful; there are many unlawful authorities in the world, thieves and robbers by the highways; but I would know by what authority I was brought from thence, and carried 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 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 elected king, to answer them. King—No. Sir, I deny that. Lord President—If you acknowledge not the authority of the Court, they must proceed. King—I do tell them so; England was never an elective kingdom, but an hereditary kingdom, for near these thousand years; therefore let me know by what authority I am called hither. I do stand more for the Liberty of my people, than 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 beseems not you in this condition. You have been told of it twice or thrice. King—Here is a gentleman, lieutenant-colonel 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 will stand as much for the privilege of the house of commons, rightly understood, as any man here whatsoever. I see no house 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. 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 about, I am sworn to keep the peace, by that duty I owe to God and my country, and I will do it to the last breath of my body; and therefore ye shall do well to satisfy first God, and then the country, by what authority you do it; if you do it by an usurped authority, you cannot answer. There is a God in Heaven, that will call you, and all that give you power, to account. Satisfy 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 tyrannical, or any other ways unlawful authority; and therefore satisfy me that, and you shall receive my answer. Lord President—The Court expects you should give them a final Answer; their purpose is to adjourn to Monday next; if you do not satisfy yourself, King—For answer, let me tell you, you have shewn no lawful authority to satisfy any reasonable man. Lord President—That is, in your apprehension; we are satisfied that are your Judges. King—It is not my apprehension, nor yours neither, that ought to decide it. Lord President—The Court hath heard you, and you are to be disposed of as they have commanded. The Court adjourns to the Painted Chamber, on Monday at ten of the clock in the forenoon, and thence hither. It is to be observed that as the Charge was reading against the king, the head of his Staff fell off, which he wondered at; and seeing none to take it up, he stoops for it himself. As the King went away, facing the Court, he said, 'I do not fear that' (meaning the Sword). The People in the Hall, as he went down the stairs, cried out, some, 'God save the King' and most for 'Justice.' At the High Court of Justice sitting in Westminster Hall, Monday, January 22, 1649. O Yes! made; Silence commanded; the Court called, and answered to their names. Silence commanded upon pain of imprisonment, and the Captain 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 in to 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 the 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 read 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 propound your questions, and were as often King—When I was here last, it is very true, I made that question; truly if it were only my own particular case, I would have satisfied myself with the protestation I made the last time I was here against the Legality of this Court, and that a king cannot be tried by any superior 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 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 Authority of this Court, before whom you appear as a Prisoner, and are charged as an high Delinquent: 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 a punctual and direct Answer, whether you will answer your charge or no, and what your Answer is. King—Sir, By your favour, I do not know the forms of law: I do know law and reason, though I am no lawyer professed; 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 than you do: and therefore if I should impose a belief upon any man, without reasons 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 assembled in parliament, it is the reason of 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 Demurrers against any proceeding as legal: and I do demand that, and demand to be heard with my Reasons: if you deny that, you deny reason. Lord President—Sir, you have offered something to the Court: I shall speak something unto you, the Sense of the Court. Sir, neither you nor any man are permitted to dispute that point, you are concluded, you may not demur to the jurisdiction of the Court: if you do, I must let you know, that they over-rule your Demurrer; they sit here by the authority of the Commons of England, and all your predecessors and you are responsible to them. King—I deny that; shew me one precedent. Lord President—Sir, you ought not to interrupt 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 Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction. 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 permitted to go on in that Speech and these discourses. Then the clerk of the Court read as followeth:— 'Charles Stuart, king of England, You have been accused on behalf of the People of England of High Treasons, and other high Crimes; the Court have determined that you ought to answer the same.' 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 again. 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, it is not for Prisoners to require. King—Prisoners! Sir, I am not an ordinary prisoner. Lord President—The Court hath considered of their jurisdiction, and they have already affirmed their jurisdiction; if you will not answer, we shall give order to record your default. King—You never heard my Reasons yet. Lord President—Sir, your Reasons are not to be heard against the highest jurisdiction. 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. King—Shew me where ever the House of Commons was a Court of Judicature of that kind. Lord President—Serjeant, take away the Prisoner. King—Well, Sir, remember that the king is not suffered to give in his Reasons for the Liberty and Freedom 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 Liberties of the people, let all England and the world judge. King—Sir, under favour, it was the Liberty, Freedom, and Laws of the subject, that ever I took—defended myself 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 given to the Charge. King—Well, Sir! And so he was guarded forth to sir Robert Cotton's house. Then the Court adjourned to the Painted Chamber on Tuesday at 12 o'clock, and from thence they intend to adjourn to Westminster Hall; at which time all persons concerned are to give their attendance. At the High Court of Justice sitting in Westminster Hall, Tuesday, January 23, 1649. O Yes made, Silence commanded, the Court called, 73 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 commanded. 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 Prisoner hath been brought to the bar before any issue joined in the cause. My lord, I did at the first court exhibit a Charge against him, containing the highest Treasons that ever was wrought Lord President—Sir, you have heard what is moved by the Counsel on the behalf of the kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget, what dilatory dealings the Court hath found at your hands. You were pleased to propound some Questions, you have had our Resolutions upon them. You were told, over and over again, That the Court did affirm their own jurisdiction; that it was not for you, nor any other man, to dispute the jurisdiction of the supreme and highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did persist in such carriage, as you gave no manner of obedience, nor did you acknowledge any authority in them, nor the High Court that constituted this Court of Justice. Sir, I must let you know from the Court, that they are very sensible of these delays of your's, and that they ought not, being thus authorised by the supreme 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 delays and proceed to pro The King, after a little pause, said, King—When I was here yesterday, I did desire to speak for the Liberties of the people of England; I was interrupted; I desire to know yet whether I may speak freely or not. Lord President—Sir, you have had the Resolution of the Court upon the like question the last day, and you were told that having such a Charge of so high a nature against you, 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 advantage of your contempt; yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best defence you can. But, Sir, I must let you know from the Court, as their commands, that you are not to be permitted to issue out into any other discourses, till such time as you have given a positive Answer concerning the matter that is charged upon you. King—For the Charge, I value it not a rush; it is the Liberty of the People of England that I stand for. For me to acknowledge a new Court that I never heard of before, I that am your King, that should be an example to all the people of England for to uphold Here, being interrupted, he said, By your favor, 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 public faith of the kingdom, that was the known Here the Lord President said, Sir, you must know the pleasure of the Court. King—By your favour, sir. Lord President—Nay, sir, by your favour, you King—Duty, Sir! The Clerk reads. 'Charles Stuart, king of England, you are accused in behalf of the commons of England of divers 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 confession or denial of the Charge.' King—Sir, I say again to you, so that I might give satisfaction to the people of England of the clearness of my proceeding, not by way of Answer, not in this way, but to satisfy them that I have done nothing against that trust that has been committed to me, I would do it; but to acknowledge a new Court, against their Privileges, to alter the fundamental laws of the kingdom—sir, you must excuse me. Lord President—Sir, this is the third time that you have publicly disowned this Court, and put an affront upon it. How far you have preserved the privileges of the people, your actions have spoke it; but truly, Sir, men's intentions ought to be known by their actions; you have written your meaning in bloody characters throughout the whole kingdom. But, Sir, you understand the pleasure of the Court.—Clerk, Record the Default.—And, Gentlemen, you that took charge of the Prisoner, take him back again. King—I will only say this one word more to you: If it were only my own particular, I would not say any more, nor interrupt you. Lord President—Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it) to find that you are before a court of justice. Then the King went forth with his guard, and proclamation was made, That all persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber; to which place the Court did forthwith adjourn, and intended to meet in Westminster Hall by ten of the clock next morning. Cryer—God bless the kingdom of England! Wednesday, January 24th, 1649. 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 appointed, 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 Examination of Witnesses, in relation to present affairs, 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 27th of January 1649. O Yes made: Silence commanded; the court called; Serjeant Bradshaw Lord President (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! Justice! Execution! King—I shall desire a word to be heard a little, and I hope I shall give no occasion of interruption. 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 interruption, 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 therefore, Sir, an hasty Judgment is not so soon recalled. Lord President—Sir, you shall be heard before 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 several times convened and brought before the Court to make answer to a Charge of Treason, and other high Crimes exhibited against him in the name of the people of England [Here a malignant lady (Lady Fairfax) interrupted the Court, saying 'Not half the People'; but she was soon silenced. See the Trial of Daniel Axtell, Oct. 15, 1660]; to which Charge being required 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 King—Since that I see that you will not hear any Lord President—Sir, you have now spoken. King—Yes, Sir. Lord President—And this that you have said is a further declining of the Jurisdiction of this Court, which was the thing wherein you were limited before. King—Pray excuse me, Sir, for my interruption, because you mistake me; it is not a declining 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 do not by this acknowledge it, I do protest it is not the declining of it, since I say, if that I do say any thing, but that which 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'll withdraw. Lord President—Sir, this is not altogether new that you have moved unto us, not altogether new to us, though it is 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 offered seems to be contrary to that saying of yours; for the Court are King—Shall I withdraw? Lord President—Sir, you shall know the pleasure of the Court presently. The Court withdraws for half an hour into the Court of Wards. Serjeant-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—Serjeant-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 Answer 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 supreme Authority of the Commons of England assembled in parliament: the Court acts according to their Commission. Sir, the return I have to you from the Court, is this: That they have been too much delayed by you already, 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, than they are to deny Justice: they are good words in the great old Charter of England; Nulli negabimus, nulli vendemus, nulli differemus Justitiam. There must be no delay; but the truth is, Sir, and so every man here observes it, that you have much delayed 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 King—Sir, I know it is in vain for me to dispute, I am no sceptic for to deny the Power that you have; I know that you have Power enough: Sir, I confess, I think it would have been for the kingdom's 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 kingdom's welfare, and the kingdom's peace; it is an old Sentence, That we should think long, before we resolve of great matters. Therefore, Sir, I do say again, that I do put at your doors all the inconveniency of an hasty Sentence. I confess 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 Judgment may bring on that trouble and perpetual inconveniency to the kingdom, that the child that is unborn may repent it; and therefore again, out of the duty I owe 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 President—Sir, you have been already answered to what you even now moved, being the same you moved before, since the Resolution and the Judgment of the Court in it; and the Court now requires to know whether you have any more to say for yourself than you have said, before they proceed to Sentence? King—I say this, Sir, That if you will hear me, if you will give but this Delay, I doubt not but I shall Lord President—Sir, I have received direction from the Court. King—Well, Sir. Lord President—If this must be re-enforced, or any thing of this nature, your Answer must be the 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 to you; which, although I know it will be very unacceptable, yet notwithstanding they are willing, and are resolved to discharge their duty. Sir, You speak very well of a precious thing, which 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 endeavoured 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 erroneous principles: The kingdom hath felt it to their smart; and it will be no case to you to think of it; for, Sir, you have held yourself, and let fall such language, as if you had been no way subject to the Law, or that the law had not been your superior. Sir, the Court is very sensible of it, and I hope so are all the understanding people of England, that the law is your superior; that you ought to have This we know to be law, Rex habet superiorem, Deum et legem, etiam et curiam; so says the same author. And truly, Sir, he makes bold to go a little further, Debent ei ponere frÆnum: they ought to bridle him. And, Sir, we know very well the stories of old: those wars that were called the Barons' War, 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 freer, but called them to account for it; we know that truth, that they did frÆnum ponere. But, sir, if they do forbear to do their duty now, and are not so mindful of their own honour and the kingdom's good as the Barons of England of old were, certainly the Commons of England will not be unmindful of what is for their preservation, and for their safety; JustitiÆ fruendi causa reges constituti sunt. This we learn: The end of having kings, or any other governors, it is for the enjoying of justice; that is 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 understand 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 punishment of such an offending governor. This is not law of yesterday, Sir (since the time of the division betwixt you and your people), 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 Parliaments; the Parliaments were they that were to adjudge (the very Words of the Author) the plaints 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 mindful of themselves, they were never more in majesty and state than in the Parliament: But how forgetful some have been, Stories have told us, we have a miserable, a lamentable, 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 knowledge 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 master's will and do it not' what follows? The Law is your master, the acts of parliament. The Parliaments were to be kept antiently, 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 should 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 Parliaments hath Truly, Sir, it makes me to call to mind; 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 to call to mind (these proceedings of yours) That that we read of a great Roman Emperor, by the way let us call him a great Roman tyrant, Caligula, that wished that the people of Rome had had but one neck, that at one blow he might cut it off. And your proceedings have 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 but have con Sir, we know very well that it is a question much on your side press'd, By what Precedent we shall proceed? Truly, Sir, for Precedents, I shall not upon these occasions institute any long discourse; but it is no new thing to cite precedents almost of all nations, where the people (where the power hath been in their hands) have made bold to call their Kings to account; and where the change of government hath been upon occasion of the Tyranny and Misgovernment of those that have been placed over them, I will not spend time to mention either France, or Spain, or the Empire, or other countries; volumes may be written of it. But truly, Sir, that of the kingdom of Arragon, I shall think some of us have thought upon it, where they have the justice of Arragon, 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 king of Arragon, the justice, hath power to reform the wrong; and he is acknowledged to be the king's superior, and is the grand preserver of their privileges, and hath prosecuted kings upon their miscarriages. Sir, what the Tribunes of Rome were heretofore, and what the Ephori were to the Lacedemonian State, we know that is the Parliament of England to the English state; and though Rome seemed to lose its liberty when once the Emperors were; yet you shall It is not far to go for an example: near you—Your grandmother set aside, and your Father, an infant, crowned. And the State did it here in England; here hath not been a want of some examples. They have made bold (the Parliament and the People of England) to call their Kings to account; there are frequent examples of it in the Saxons' time, the time before the Conquest. Since the Conquest there want not some Precedents 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, whoever shall look into their Stories, they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are laid to your Charge; nothing near. Sir, you were pleased to say, the other day, wherein they dissent; and I did not contradict it. But take all together, Sir; If you were as the Charge speaks, and no otherwise, admitted king of England; but for that you were pleased then to alledge, how that for almost a thousand years these things have been, Stories will tell you, if you go no higher than the time of the Conquest; if you do come down since the Conquest, you are the twenty-fourth king from William called the Conqueror, you shall find one half of them to come merely from the state, and not merely upon the point of descent. It were easy to be instanced to you; but time must not be lost that way. And truly, Sir, what a grave and learned Judge said in his time, and well known to you, and is since printed for posterity, That although there was such a thing as a descent many times, yet the kings of England ever held the greatest assurance of their Titles when it was declared by Parliament. And, Sir, These things may not be denied, Sir; I speak it rather, and I pray God it may work upon your heart, that you may be sensible of your Miscarriages. For whether you have been, as by your office you ought to be, a Protector 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 inheritance in the way that is spoken of, yet it must not be denied 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 Justice, and others were, as your delegates, to see it done throughout your realms; if your greatest office were to do Justice, and preserve your People from wrong, and instead of doing that, you will be the great Wrong-doer yourself; if instead of being a Conservator of the Peace, you will be the grand Disturber of the Peace; surely this is contrary to your office, contrary to your trust. Now, Sir, That which we are now upon, by the command of the highest Court, hath been and is to try and judge you for these great offences of your's. Sir, the Charge hath called you Tyrant, a Traitor, a Murderer, and a Public Enemy 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 President—Truly, Sir, We have been told 'Rex est dum bene regit, Tyrannus qui populum opprimit': And if so be that be the definition of a Tyrant, then see how you come short of it in your actions, whether the highest Tyrant, 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 predecessors were guilty of, nay, many degrees beyond it? Sir, the term Traitor cannot be spared. We shall easily agree it must denote and suppose a Breach of Trust; and it must suppose it to be done to a superior. There is a third thing too, if those had not been, and that is Murder, which is laid to your charge. All the bloody Murders, which have been committed since this time that the division was betwixt you and your people, must be laid to your charge, which 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 Murderer, let God's Law, let man's 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 man's blood: Gen. ix., Numb. xxxv. will tell you what the punishment is: And which this Court, in behalf of the whole kingdom, are sensible of, of that innocent blood that has been shed, 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 Murders that have been committed; surely, Sir, it must drive you into a sad consideration concerning your eternal condition. 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 ourselves, and justify ourselves to be a Court, and a high Court of Justice, authorized by the highest and solemnest court of the kingdom, as we have often said; And although you do not yet endeavour what you may to discourt us, yet we do take knowledge of ourselves 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 King—I would desire only one word before you give Sentence; and that is, that you would hear me concerning those great Imputations that you have laid to my charge. Lord President—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, whatever Sentence 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 President—Sir, I must put you in mind: Truly, Sir, I would not willingly, at this time especially, interrupt you in anything 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 King—I know nothing of that. Lord President—You disavow us as a Court; and therefore for you to address yourself to us, not acknowledging us as a Court to judge of what you say, it is not to be permitted. And the truth is, all along, from the first time you were pleased to disavow and disown 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 it, we should hear you freely; and we should not have declined to hear 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 heinous Charges, that in whole or in part are laid 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 consideration 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 leastwise, upon your better part: Truly, Sir, for the other, it is our parts and duties to do that, which the law prescribes. 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 Innocent.' We may not acquit the Guilty. What sentence the law affirms to a Traitor, Tyrant, a Murderer, and a 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: 'Whereas the Commons of England in Parliament had appointed them an High Court of Justice, for the Trying of Charles Stuart, King of England, before whom he had been three times convened; 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,' etc. [Here the Clerk read the Charge.] 'Which Charge being read unto him, as aforesaid, he the said Charles Stuart was required to give his Answer: But he refused so to do; and so expressed the several Passages of his Trial in refusing to answer. For all which Treasons and Crimes this Court doth adjudge, That the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a Public 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, 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 President—Sir, you are not to be heard after the Sentence. King—No, Sir? Lord President—No, Sir; by your favour, Sir. Guard, withdraw your Prisoner. King—I may speak after the Sentence—By your Favour, Sir, I may Speak after the Sentence ever. By your Favour (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 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 itself. Then the Court rose, and the King went with his guard to sir Robert Cotton's, and from thence to Whitehall. FOOTNOTES: |