The First Dayes Proceeding of the High Court of Ju­stice, &c.

THe Triall and the Execution of the last King of England, be­ing still as much the wonder as the discourse of Christendome I shall en­deavour to represent it to you, with the exactest faithfullnesse that can possibly be desired; and although others have gone before me on the same subject, by the be­nifit of time; I doubt not but that I shall exceed them, by the advantage of truth.

In the Supream Tribunall of Justice sitting at Whitehall in Westminster, Serjeant Bradshaw being President, and about seventy other persons, elected to be his Judges, being present; the Cryer of the Court, having proclaimed his O yes, to invite the people to atten­tion, silence was commanded, and the Ordinance of the Commans in Parlia­ment, in reference to the Examination [Page] of the King was read, and the Court was summoned, all the Members there­of [...]sing as they were called.

The King came into the Court, his head covered, Serjeant Dendy being remarkable by the Authority of his Mace, did usher him in; Colonel Hatcher, and about thirty Officers and Gentlemen did attend him as his Guard.

The Court being sat the Lord Presi­dent Bradshaw speak thus unto him.

Charles Stuart King of England, the Commons of England assembled in Parliament, being touched with the sense of the Calamities which have happned to this Nation, and of the innocent bloud spilt, of which you are accused to be the Author, have both according to their office, which they ow to God, this Nation and themselves, according to the power & fundamental faith intrusted with them, by the people; Constituted this Supream Court of Justice▪ before which you are now brought to hear your Charge, on which this Court will proceed.

Mr. Crook the Solliciter Generall.

Sir▪ In the Name of the Commons of England, and of all the people there­of: [Page] I do charge Charles Stuart here present, as guilty of Treason, and other great defaults, and in the name of the Commons of England, I require that his charge may be read unto him.

Stay alittle.

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

THat the said Charles Stuart be­ing admitted King of England, and therein trusted with a limmitted Power, to govern by; and according to the Laws of the Land, and not other­wise; And by his trust, Oath, and Of­fice, being obliged to use the Power com­mitted to him. For the good and benefit of the People, and for the preservation of Kights, and Libir [...]ies: yet never­thelesse out of a wicked Designe, to erect, and uphold in himselfe and unlimited and Tyrannical power, to rule accord­ing to his Will, and to overthrow the [Page] Rights and liberties of the people; Yea, to take away, and make void the foun­dations thereof, and all the redress and remedy of misgovernment, which by the fundamental constitutions of this King­dome, were reserved on the peoples be­halfe, in the right and power of fre­quent and successive Parliaments, or nationall meetings in Councel, he the said Charles Stuart, for accomplishment of such his designes, and for the protect­ing of himself and his adherents, in his and their wicked practises, to the same ends, hath traterously and maliciously leavied war against the present Parlia­ment, and the people therein represent­ed.

Particularly, upon, or about the thir­tieth day of June, in the year of our Lord one thousand six hundred forty and two, at Beverly, in the County of York, and upon, or about the 30. day of July, in the year aforesaid, in the County of the City of York; and upon, or about the 24. day of August, in the same year, at the County of the town of Nottingham (when and were he set up his Standard of war) And also on, or about the twenty [Page] third [...]ay of October in the same year at Edghill, and Kenton field, in the County of Warwick; and upon or aboue the thirtieth day of November, in thet same year at Brainchford, in the County of Midalesex: And upon, or about the thirtieth day of August in the year of our Lord, One thousand six hundred forty and three, at Cavesham bridge neer Reading, in the County of Berks; and upon, or about the thirtieth day of October, in the year last mentioned, at, or neer the City of Gloster; and upon, or about the thirtieth day of No­vember in the year last mentioned, at Newbury, in the County of Berks; And upon, or about the one & thirtieth day of July, in the year of our Lord one thousand six hundred forty and four, at Cro­predybridge in the County of Oxon, And upon, or about the thirtieth day of September, in the year last mentioned, at Boamin, and other places near ad­jacent in the County of Cornwall And upon, or about the thirtieth day of No­vember; in the year last mentioned, at Newbery aforesaid; and upon, or about the eighth day of June, in the year of [Page] our Lord one thousand six hundred for­ty and five, at the Town of Leicester; And also upon the fourteenth day of the same month, in the same year, at Na­seby field, in the County of Norhamp­ton. At which severall times and places, or most of them, and at many other places in the Land, at severall other times, within the year afore mentioned And in the year of our Lord, One thou­sand six hundred forty and six; he the said Charles Stuart, hath caused and procured many thousands of the Free-peo­ple of the nation to be slain; and by Di­visions, parties and insurrections. within this land, by invasions from For­ragine parts, endeavoured and pro­cured by him, and by many other evill wayes and meanes. He the said Charles Stuart, hath not onely main­tained & carried on the said War, both by land and sea, during the year before mentioned; but also hath renewed, or caused to be renewed, the said war against the Parliament, and good people of this Nation, in this pre­sent year. One thousand six hundred fourty and eight, in the Counties of Kent [Page] Essex, Surry, Sussex, Middlesex, and many other Counties and places in England and Wales and also by sea, and particularly, he the said Charles Stuart, hath for that purpose, given Commission to his Son the Prince and o­thers, whereby besides multitudes of other persons, many such as were by the Par­liament intrusted and imployed, for the safety of the Nation, being by him and his agents, corrupted, to the betraying of their Trust, and revolting from the Parliament, have had entertainment and commission, for the continuing and renewing of war and hostility, against the said Parliament and people as a­foresaid. By which cruel and unna­turall wars by him, the said Charles Stuart, levied, continued, and re­newed as aforesaid, much innocent bloud of the Free-people of this nation hath been spilt, many families have been undone, the publick trea­sury wasted and exhausted, trade obstructed, & miserablely decayed; vast expence and damage to the Nation incurred, and many parts of the land spoiled, some of them even to de­solation.

[Page] And for further prosecution of his said evill designs he the said Charles Stuart doth still continue his Commissions to the said Prince, and other Rebels and Revolters, both English and For­raginers, and to the Earl of Ormand, and to the Irish Rebles and Revolters, associated with him, from whom fur­ther invasions upon this Land are thret­ned, upon the procurment, and on the behalfe of the said Charles Stuart.

All which wicked designes, wars, and evill practises of him. The said Charles Stuart, have been and are carried on, for the advancing and upholding of the personall Interest of Will and Power, and pretended Prerogative to himself and family, against the publique intrest, Com­mon Right, Liberty, Justice, and peace of the people of this Nation, by and for whom he was entrusted, as afore­said.

By all which it appeareth, that he the said Charles Stuart, hath been, and is the occasioner, author, and contriver of the said unnatural, cruel, and bloudy wars, and therein guilty of all the trea­sons, murthers, rapines, burning, spoils, [Page] desolations, damage and mischief to this Nation, acted or committed in the said wars, or occasioned thereby.

And the said John Cook, by prote­station (saveing on the behalf of the people of England, the liberty of exhibiting at any time hereafter, any other Charge against him the said Charles Stuart and also of the replying to the Answers which the said Charles Stuart shall make to the premises, or any of them, or a­ny other Charge that shall be so exhibited) doth for the said treasons & crim's, on the behalf of the said people of England, im­peach the said Charles Stuart, as a Ty­rant, Tration, Murtherer, and a publick, & an implacable enemy to the Common-wealth of England: And pray, That the said Charles Stuart King of Eng­land, may be put to answer all and every the premises, that such proceedings, exam­minations, tryals, sentence, and Judge­ment may be there aupon had, or shall be agreable to Justice.

[Page] The King was often times observed to smile in indignati­on, during the reading of the Charge espacially at the words Tyrant, TRATOR, MUR­DERER, and publick enemy to the Common-wealth.

The full Proceedings of the High Court of Justice against King Charls I. In Westminster Hall, on Saturday the 20. of Ianuary, 1648.

SIR, You have now heard the Charge read, containing such matters, as do appear therein; you have observed, that in the Conclusion thereof, It is required of the Court, in the Name of the Com­mons of England, that you answer [Page 2] to your charge, which the Court doth expect.

I would be satisfied by what power I am called hither? It is not long since that I was in the Isle of Wight▪ How I came thither, the story is longer than I conceive fitting in this place to declare; But I there entered upon a Treaty with both Houses of Parliament, with as much publick faith, as its pos­sible to be obtained from any people in the World. I there treated with a number of honourable Lords and Gentlemen, and I treated honestly and faithfully with them; I cannot say, but they dealt very ingenuously with me; and we proceeded so far, that the Treaty was even conclu­ded. Now I would understand by what Authority, (I mean lawfull) I am brought hither? There are many un­lawfull Authorities in the world, as Thieves and Plunderers in the high-wayes. I would know by what authority I was taken from thence, and carried from place to place, I know not where? When I have understood the lawfulnesse of the Authority, I will make my Answer: In the mean time remember, that I am [Page 3] your King, your lawfull King, and weigh well with your selves, what sins you heap on your own heads, and the anger and judgements of God which you will bring upon this land, I say seriously weigh it be­fore you further do proceed from one sin to a greater. Therefore declare unto me, by what lawfull Authority I sit here, and I will not refuse to Answer you. In the mean time I will not betray my trust. I have a trust committed to me by God, by an ancient and lawfull succession, I will not betray that by answering to a new and an unlawfull Authority; wherefore satisfie me in this, and you shall hear fur­ther from me.

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

No Sir, I deny that.

If you do [Page 4] not acknowledge the Authority of the Court, they ought to proceed against you.

I tell them that England was never an elective Kingdom, but heredita­ry, for almost these two thousand years. Therefore declare unto me, by what Au­thority I am brought hither. I labour more for the liberty of my people than any of you, who pretend to be my Judges; and therefore I say, declare unto me, by what lawfull Authority I am placed here, and I will answer you; otherwise I shall make no answer at all.

Sir, how well you have administred the power committed to you, is sufficiently known: The method of your An­swering is to put Interrogatories to the Court, which doth not become you in this Condition. Twice or thrice it hath been represented to you.

There is present here a Gentle­man, Lieutenant Colonel Cobbet, de­mand of him, if he did not bring me from the Isle of Wight by force: I come not hither to submit my self in this [Page 5] Court. I will do as much for the Pri­viledges of the House of Commons, rightly understood, as any other: I see not here the House of Lords, which is able to constitute a Parliament, and the King ought to be the Super-intendent there. Is this to bring the King to his Parli­ament? Is this to bring the publick Trea­ty to an end, by the publick Faith of the world? Either shew me your Authority established by the Scriptures, which are the Word of God, or confirmed by the constitutions of the Kingdom, and I will answer you.

Sir, you have propounded a question, and an answer hath been rendred, but if you will not answer to what they do propound, the Court will take it in­to their consideration, how to pro­ceed against you. In the mean time, they who brought you hither, shall return you back again. The Court desireth to be satisfied whether this be all the Answer that you will give them or not.

I desire that you would resolve me and all the world, in this one parti­cular.

[Page 6] Give me leave to acquaint you, that it is a thing of no small importance which you go about. I am sworn to keep the peace according to the duty, which I ow to God and to my Land; and I will here perform it to the last breath of my Body: you shall therefore do well first to satis­fie God, and afterwards the Land, by what Authority you do this. If you do it by an usurped Authority, you cannot defend it. God who sitteth in the Heavens, will call you, and all those, who have conferred this power on you, to give him an account of it. Satisfie me in this, and I shall answer you, for otherwise I should betray the Faith committed to me, and the li­berties of my people: Wherefore consider of it, and I shall be willing to answer you. For I do profess, it is as great a sin to resist a lawfull Authority, as to submit unto a Tyrannicall, or any other unlawfull au­thority: wherefore resolve me in this par­ticular, and you shall receive my An­swer.

The Court expecteth that you should give them a final Answer, and will adjourn un­till Munday next: If you cannot sa­tisfie [Page 7] your self; although we tell you our Authority, our Authority will satisfie our selves; And it is accord­ing to the Authority of God and and the Kingdome, and the Peace (of which you speak) shall be preser­ved in the Administration of Justice, and that is our present work.

I give you this for my Answer, you have not shewn me any lawfull Au­thority, which may satisfie any reasonable man.

It is only your apprehension, we are fully satis­fied, who are your Judges.

It is not my apprehension, nor yours which ought to determine this.

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

The Court adjourneth to the Painted Chamber, untill Munday at ten of the clock in the morning, and from thence hither.

Something that was ominous, ought not to be passed by in silence, [Page 8] when the Charge was read against the King, the silver head of his staff did full off, which he much did wonder at, and observing no man so officious to assist him, he stooping towards the ground did take it up himself.

As the King returned, looking on the Court, he said, I fear not thee, mean­ing the Sword. As he came down the staires, the people, who were in the Hall, cryed out, some of them, God save the King; but the greater part, Justice, Justice.

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

THe Cryer having thrice pro­nounced his Oyes, and silence commanded, after that the Judges were called, and every one did particulary answer to his Name. Silence was again commanded under pain of imprisonment, and the Cap­tain of the Guards was ordered to ap­prehended any that should endea­vour to make a tumult.

At the commanding of the King into the Court, there was a great shout and the Court commanded the Captain of the Guards to apprehend and imprison those, who should make either a noise or tumult.

The Court being sat, the Sollicitor turn­ing to the President, said, May it Please your [Page 10] Lordship, my Lord President, In the former Court on Saturday, in the Name of the Commons of England, I exhibited and offered to this Tribunal the charg of high Treasons, and other grievous crimes against the Prisoner, with which I did charge him In the Name of the People of England, and his charge was read, and his Answer demanded. My Lord, It pleased him at that time t [...] return no answer at all, but instead of answering, he questioned the Au­thority of the High Court: My most humble motion to this High Court in the Name of the people of the Kingdome of England, is that the prisoner may be compelled to give a positive answer, either by way of Confession or Negation, which if he shal refuse, that the subject of his Charge may be taken for gran­ted, & the Court proceed acording to iustice.

Sir, you may remember that on the last convention of this Court, the cause was expounded to you, for which you were brought hi­ther, and you heard the charge against you read, it being a charge of High Treason and other grievous crimes against the Kingdom of England: you heard likewise, that it was required [Page 11] in the Name of the people, that you should answer to your charge, that there should be a proceeding thereon, as should be agreable unto Justice: you were then pleased to move some scruples concerning the authority of this Court, and you desired to be sa­tisfied in your knowledge, by what authority you were brought hither: you severall times did propound your questions, and it was often an­swered to you, that it was by authori­ty of the Commons of England assem­bled in Parliament, who did iudge it requisite to call you to an account, for the great and greivous crimes of which you are accused. After that the Court did take into their serious con­sideration, those things which you objected, and they are fully satisfied in their authority; and do conceive it requisite, that you should admit it; they therefore require that you give a positive and a particular Answer to the charge exhibited against you: they do expect that you should either confesse or deny it. If you shall deny it, it will be proved in the behalfe of [Page 12] the Kingdome, the whole world doth approve of their Authority. So that the Kingdome is satisfied, and you ought thereby to be satisfied your self; you ought not therefore to waste time but to give your positive answer.

It is true, that when I was last here I moved that question: and indeed, if if it where onely my businesse in particular, I should have satisfied my selfe with that protestation, I then interposed against the lawfulnesse of this Court; and that a King cannot be judged by any superiour jurisdi­ction on earth; but my on interests are not on­ly involved in it: but the liberties also of the people of England; and pretend what you will, I doe indeavor more for their liberties, than any whatsoever. For if Power without laws, can make laws change the Fundamen­tall laws of the Kingdome, I know not what subject in England can be secure of his life, or of any thing which he doth call his own: Wherefore when I came hither, I expected particular reasons, that I might understand by what law, and what Authority you would proceed against me. I should then perceive what most especially I have to say unto you; for the affirmative is to be proved, which [Page 13] seldome the Negative is capable of; but be­cause I cannot perswade you thus, I will give you my Reason as briefly as I can.

The Reasons for which in conscience and duty which I ow, first unto God, and after­wards to my people, for the preservation of their lives, their liberties, and their for­tunes: I believe I cannot answer untill I am satisfied of your legality of it. All pro­ceeding against any man whatsoever,—

Sir, I must interrupt you, which I would not do, but that which you do, agreeth not with the pro­ceeding of any Tribunal of Justice, you enter into a controversie, and dispute against the Authority of this Court, before which you appeare a prisoner, and are accused as a great Delinquent, If you will take upon you to controvert the Authority of this Court, we cannot give way unto it; neither will any tribunall of Ju­stice admit it; you ought to submit unto the Court, and to give an exact and direct Answer, whether you will answer to your charge or not, and what is the answer that you make.

Sir I know not the formalities [Page 14] of the law, I know the law and reason; and although I am no professed Lawyer, I know the law as well as any Gentleman in Eng­land, and I am more eager for the Liber­ties of the people of England than you are? and if I should believe any man, without he gives me Reasons what he saith, It would be abused; but I say unto you, that the Rea­sons which you give is no wayes satisfacto­ry.

Sir I must interrupt you, for it cannot be permitted to you in this manner to proceed: you spake of law and reason, it is fit that there should be both law and reason, and they are both against you. Sir the Vote of the Commons of England As­sembled in Parliament, is the reason of the Kingdome, and they ordained this law according to which you ought to Reign, Sir, It is not lawfull for you dispute against our Authori­ty. This again hath been told you by the Court. Sir, Notice will be taken that you contemn the Court, and this contempt of yours will be recor­ded.

I know not how a King can be [Page 15] interpreted to be a Delinquent, but by any law that I ever heard, all men, whether Delinquent, or what you will, may lawfully make objections against their Professe; this is that which I require, and I again desire that my Reasons may be heard. If you deny this, you deny Reason.

Sir, you have objected something to the Court; I will declare unto you their opinion. Sir, it is not lawfull for you or any man else to dispute against this subject; It is De­creed, you ought not to dispute a­gainst the jurisdiction of this Tribu­nall; If you shall yet do it, I must inti­mate unto you, that they are above objections. They set here by Autho­rity of the Commons of England; and all your Predecessors and you your selfe are bound to be account­able to them.

I sdeny that, shew me one exam­ple.

Sir, you ought not to interrupt, but attend whilst the Court speakes unto you. This subject is not to be disputed by you, neither will the Court permit that you should [Page 16] object against the jurisdiction of it, they have considered of their jurisdi­ction and do approve it.

Sir, I say that the Commons of England were never a Court of judicature, and I would fain know, how they came to be made so now?

Sir, it is not permitted to you to proceed in those discourses.

Then the Secretary of the Court did read as followeth.

Charles Stuard King of England you have been accused in the Name of the people of England of High Trea­son, and other grievous Crimes. The Court hath determined that you shal answer to your charge.

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

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

I demand, that I may be permitted to exhibite my Reasons why I answer not unto the Charge, and give me time to per­form this.

[Page 17]

Sir, it is not for prison­ers to demand.

Prisoners Sir! I am no ordinary prisoner.

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

You have not yet heard my Rea­sons▪

Your Reasons are not to be heard against the Supreme Jurisdi­ction.

Shew me that jurisdiction in the world, where Reason is not to be heard.

Sir, we shew it you here, the Commons of England; and the next time you are brought hither, you shall understand further of the pleasure of the Court, and perad­venture their finall sentence,

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

Serjeant take away the Prisoner.

[Page 18]

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

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

Sir, by your leave, I have alwayes loved the Liberty, the Immunities, & Laws of the subjects; If I have defended myself by Arms, I have not taken them up against the people, but for them.

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

Well Sir!

And so was he brought to the House of Sir Robert Cotton; and the Court was adjourned to the Painted Chamber, untill Wednesday following at twelve of the clock at what hour they intended to adjourn a­gain to Westminster-hal, where all, whom it doth concern, are commanded to be pre­sent.

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

THe Cryer according to the Custome, having with his Oyes commanded silence and at­tention; the King being sate, Mr. At­turney Genrall turning to the L. Pre­sident spake in these words.

May it please your Lordship: This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar, and yet by reason of his refusall to put in his Answer, there is yet no issue joyned in the cause. My Lord, I did at the first exhibit a Charge against him, containing the highest practices of Treason, that were ever wrought on the Theater of England. That a King of England trusted to keep the Lawes of England, and who had taken an Oath so to do, & had tribute paid him for that end, [Page 20] should be guilty of so wicked a design as to subvert our Laws, and introduce an arbitrary and tyrannical Govern­ment, and set up his standard of warre against his Parliament and his people, and I did humbly pray in the behalf of the people of England, that he might speedily be required to make an answer to his charge.

But my Lord, instead of making an answer, he did then dispute the Authority of this Tribunal, and your Lordship being pleased to give him a further day to put in his answer, which was yesterday, I did move a­gaine that he might be required to put in a direct and positive answer to his charge, either by denying or confessing it; but he was then pleased to debate the Jurisdiction of the Court, although he was commanded to give a positive answer.

My Lord, by reason of this great de­lay of Justice, I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land, that if a prisoner shall stand in contempt [Page 21] and not plead guilty or not guilty to the charge given against him, it, by an implicite confession, ought to be taken pro confesso, as I may instance in divers who have deserved more favor then the prisoner at the Bar hath done But I shall presse upon the whole fact. The House of Commons, the Supream Authority of the Kingdome, have de­clared, (my Lord) that it is notorious. The matter of the charge is true, and clear as chrystall, or as the Sun that shineth at Noon day, in which my Lord President, if your Lordship and the Court be not satisfied, I have seve­rall witnesses on the behalf of the people of England to produce, and therefore I do humbly pray, and not so much I, as the innocent blood that hath been shed, the cry whereof is great for Justice and Judgement, that speedy Judgement may be pronoun­ced against the prisoner at the Bar.

Sir, you have heard what hath been moved by Mr. Sol­licitor on the behalfe of the King­dome against you. Sir you may well remember, and if you do not, the [Page 22] Court cannot forget the delayes which you have made. You have been pleased to propound some Questions, and amply you have had your resolu­tion on them, you have been often told that the Court did affirm their own jurisdiction; & that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England, from which there is no ap­peal, and touching which there must be no dispute; yet you did deport your self in that manner, that you gave no obedience, nor did acknow­ledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice. Sir, the Court gives you to understand that they are very sen­sible of these demurres, and that be­ing thus authorised by the High Court of England, they ought not to be trifled withall, especially, seeing if they please, they may take advantage of these delayes, and according to the rules of Justice, proceed and pro­nounce Judgement against you: Ne­verthelesse they are so favourable as [Page 23] to give direction to me, and therefore on their behalfe I do require you to make a positive answer to this charge, that hath been read against you. Ju­stice knows no respect of persons. You are to give your positive and finall Answer in plain English, whether guilty or not guilty, of the Treason laid to your charge.

The King having meditated a little did answer in these words. When I was here yesterday, I desired to speak for the Liberties of the people of England, I de­sire yet to know, whether without interru­ption, I may speak freely or not.

Sir, on the like Question you had yesterday the resolution of this Court; you were told that ha­ving a charge of so high a nature a­gainst you, your work was to acknow­ledge the Jurisdiction of the Court, and to answer the charge; after you have done that, you shall be heard at large to make what defence you can for your self; but Sir, the Court com­mands me to make known unto you that you are not permited to run into any other discourses, untill such time [Page 24] that you have returned a positive Answer to the matter that is charged upon you.

I value not the charge a rush: It is the Liberty of the people of England that I stand for. For me who am your King, and should be an example to all the Courts in England to uphold Justice, and main­tain the old Laws; for me I say to acknow­ledge a new Court, that I never heard of before, is a thing that I knowe not how to do. You did speak very well on the first day. I came hither, concerning the obliga­tions that I have laid upon me by God, for the maintenance of the Liberties of my people. I do acknowledge that I do ow the same obligations to God and my people, to defend as much as in me lies the ancient Laws of the Kingdome: therefore untill I be satisfied that it is not against the fun­damental Laws of the Kingdome, I can put in no particulars to the Charge. If you will give me time, I will shew you my Reasons wherefore I cannot do it; and Here being interrupted, he said. By your favour you ought not to interrupt me. How I came here I do not know. There is no law to make your King your prisoners, I was in a [Page 25] Treaty upon the publick faith of the King­dome, that was the known—two Houses of Parliament, that was the Repre­sentative of the Kingdome; and when I had almost made an end of the Treaties; I was hurried away, and brought thither; and therefore I would—

Sir, you must know the pleasure of the Court.

By your favour Sir,—

Nay Sir, by your favour you may not be permitted to run into these discourses, you appear here as a Delinquent, you have not acknow­ledged the Authority of the Court, the Court once more doth command you to give your positive Answer?

M▪ Broughton Do your Duty.

King Duty Sir.

M. Broughton reads, Charls Stuart, King of England, you are accused in the behalfe 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 finall answer either by way of confession or by deniall of the Charge.

Sir, I say againe unto you, If [Page 26] thereby I may give satisfaction to the people of England of the uprightnes of my pro­ceedings, not by way of answer, 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 Fundamentall Laws of the Kingdome, you must excuse me, if I shall refuse to do it.

Sir, This is the third time, that you have publiquely dis­owned this Court, and put an af­front upon it. How far you have pre­served the priviledges of the People, your actions have spoke: And truly Sir, If mens intentions can be known by their actions, you have written your intentions in bloody Characters throughout the whole Kingdome: But Sir, you are to un­derstand the pleasure of the Court —Clerk Record the default—. And Gentlemen, you that are a guard to the prisoner, take him back again.

I will onely adde this one word, If it were onely my own particular, I would [Page 27] not say any more, nor interrupt you at all.

Sir, you have heard the pleasure of the Court, and notwith­standing you will not understand it, you are to finde that you are before a Court of Justice

The King going forth, Proclamation was made, that all persons, who then appeared; and had further to doe with the Court, might depart into the Painted Chamber, to which place the Court adjourned, being resolved to meet again in Westminster-hall by ten of the Clock the next morning.

Wednesday January 24.

The Court being this day imployed upon Examinations of witnesses, and other things, in order to their next proceedings, did appoint one of their Ʋshers to give no­tice to the people there assembled to appear on further summons.

The last proceedings against the King, wherein they pro­nounc'd Sentence up­on him, on Saturday January 27. 1648.

SIlence being commanded by the Crier, the Court was called, and Serjeant Bradshaw the Lord Pre­sident, was that day in a scarlet Gown. There were present that day, sixty and eight Members of the Court.

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

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

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 [Page 29] sudden Judgement—

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

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

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

Well Sir I shall be heard before the judgement be given.

Gentlemen, it is well known to all or the greatest part of you here present, that the prisoner at the Bar hath been several times con­vented, and brought before this Court, to make answer to a charge of Treason, and other high Crimes, exhibited against him in the Name of the people of England, to which charge being oftentimes commanded to an­swer; he hath been so far from sub­miting to the Court, as he hath un­der tooke to object against, & dispute [Page 30] the Authority of this Court, & of the High Court of Parliament, who con­stituted this Court to try and judge him; but being over-ruled in that, and commanded to make answer; he was still pleased to persevere in his contumacie and refused to submit to answer; whereupon the Court, that they may not be wanting to them­selves, and to the trust reposed in them; nor that any mans wilfulness shall prevent the course of Justice; have considered of the contempt, and of that consequence which in Law doth arise on that contempt. They have likewise considered of the noto­riousness of the Fact charged upon the prisoner, and upon the whole matter are resolved, and have agreed upon a Sentence to be now pronoun­ced against him, but in regard he hath desired to be heard before Sentence he read and pronounced, the Court is resolved to heare him: yet Sir, thus much I must tell you before hand, of which also you have been mind­ed at the other Courts, that if what you are to propose shall tend to dis­pute [Page 31] the Jurisdiction of the Court, you are not to be heard therein: you have offerd it formerly, and you have indeed struck at the root, which is the power and Supream Authority of the Commons of England, of which this Court will admit no debate; and indeed it would be an unreasonable thing in them so to do, being a Court which doth act upon that Authority which they have received from them; they will not presume to judge upon their Superiours, from whom there is no appeal. But Sir, If you have any thing to say in defence of your selfe, concerning the matter with which you are charged; the Court hath given me command to let you know, they will hear you.

Since I perceive, you will not hear any thing of Debate concerning that which I confess I thought most material for the peace of the Kingdom, and the Liberty of the Subject; I shall wave it, and speake nothing of it, only I must tell you, that these many daies all things have been taken from me, but that I call more dear unto me than my life, which is my conscience and my Honour; [Page 32] and if I had respect to my life more than to the peace of the Kingdom, and the Liberty of the Subject; I should certainly have made a particular defence for my self, for by that at least I might have deferred an ugly sen­tence which I expect to pass upon me. There­fore undoubtedly; Sir, as a man that hath some understanding, some knowledge of the world if that my true zeal to my Countrey, had not over-born the care of my own pre­servation, I should have gone another way to work than now I have done. Now Sir, I conceive that a hasty sentence once passed may sooner be repented then revocked; and truly the same fervent desire I have for the peace of the Kingdom, & the Liberty of the Subject, more than my own particulars, doth make me now at last move that, having something to say concerning both, I may be heard before my Sentence be pronounced, be­fore the Lords and Commons in the Painted Chamber. This delay cannot be prejudi­cial to you whatsoever I shall utter. If I speake not reason▪ those that heare me must be my Judges, but if it be Reason, and really for the welfare of the Kingdome; and the Libertie of the subject; I am sure of it; it will be well worth the bearing. Therefore [Page 33] I conjure you as you love that which you pretend (I hope it is real) the Libertie of the Subject, and the peace of the Kingdom, that you will grant me the hearing before sen­tence be past. I onely desire this, that you will take this into your consideration. It may be you have not heard of it before hand, If you thinke well of it; I will retire, and you may thinke of it; but if I cannot get this Libertie; I do here protest, that so fair shews of Libertie and peace are but pure shews and no otherwise, if in this you will not hear your King?

Sir, you have now spoken.

Yes, Sir.

And this which you have spoken, is but a further declining of the Jurisdiction of this Court, which is the thing wherein you were limited before.

Pray excuse me, Sir, for my in­terruption, because you do mistake me. It is not a declining of it, you do judge me before you heare me speake; I say I will not, I do not decline it; although I cannot acknowledge the Jurisdiction of it in this, give me leave to say, that though [Page 34] I would not, though I did not acknowledge it in this; yet I protest, this is not to de­cline it, since I say, If that which I shall propound be not for the peace of the King­dome, and the Liberty of the subject, then the shame is mine: Now I desire that you will take this into your consideration; if you will, I will withdraw.

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

Not in this that I have said.

I understand you well enough Sir, Nevertheless that which you have propounded seems to be contrary to that which you have said, for the Court are ready to proceed to sentence: It is not (as you say) that they will not hear their King: For they have been ready to hear you, they have patiently waited your pleasure for three Court daies toge­ther, to hear what you would answer to the peoples charge against you, to [Page 35] which you have not vouchsafed to give any answer at all. Sir, this doth tend to a further delay, and truly Sir, Such delays as these, neither may the Kingdom nor Justice admit: You have had the advantage of three several dayes to have offered in this kind, what you were pleased to have propounded to the Lords and Commons. This Court is founded upon the Authority of the Commons of England, in whom resteth the Su­pream Jurisdiction: That which you now tender to the Court, is to be tried by another Jurisdiction, a co-ordinate Jurisdiction, I know very well, how you have expressed your self, and that notwithstanding, what you would propound to the Lords and Commons, yet neverthesess, you would proceed on here; I did hear you say so, but Sir, That which you would offer there, whatsoever it be, must needs be in delay of Justice here, so as if this Court be resolved and prepared for the sentence, they are bound in Justice not to grant that which you so much desire; but, Sir, [Page 36] according to your desire, and because you shall know the full pleasure of the Court upon that, which you have moved, the Court shall withdraw for a time.

Shall I withdraw?

Sir, you shall know the the pleasure of the Court present­ly.

The Court withdraws for half an hour into the Court of Wards, Serjeant at Arms, the Court gives you command that the pri­soner withdraw, and that about half an hour hence the prisoner be returned again.

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

The King being come attended with his Guard, The Lord President said unto him, Sir, you were pleased to make a motion here to the Court, concerning the desire you had to propound something to the Lord [...] and Commons in the Painted Cham­ber for the peace of the Kingdome Sir, you did in effect receive an An­swer before the Court adjourned [Page 37] Truely Sir, their adjournment and withdrawing was pro formâ tantum, for it did not seem to them, that there was any difficulty in the thing; they have considered of what you moved, and have considered of their own Authority, which is grounded, as it hath been often, said, upon the Su­pream Authority of the Commons of England, Assembled in Parliament. The Court doth act according to their Commission. Sir, I have recei­ved an express Order from the Court, to acquaint you, that they have been too much delayed by you already, and that this which you have now offered, hath occasioned some little further delay; they are Judges ap­pointed by the highest Judges, and Judges are no more to delay than they are to deny Justice; they are good words in the old Charter of England, Nulli negabimus, nulli vende­mus, nulli deferremus justitiam; There must be no delay, but Sir, the Truth is, and so every man here observes it, that you have much delayed them by your contempt and default; for [Page 38] which long since they might have proceeded to judgement against you; therefore notwithstanding, what you have offered, they are resolved to proceed to punishment and to judgement; and this is their unani­mous resolution.

Sir, I see it is in vain for me to dispute, I am no Sceptick to doubt, or to deny the power that you have: I do know that you have power enough. Sir, I confess, I do believe it would have been advantagious to the peace of the Kingdom, if you would have been pleased to take the pains to shew the lawfulness of your power. As for this delay, which I have desired, I do confesse it is a delay, but it is a delay that is important for the peace of the King­dom: It is not my person that I look on alone; It is the welfare of the Kingdom, the peace of the Kingdome. It is an old saying, that we should think on long, but perform great matters suddenly. Therefore, Sir, I do say again, I do put at your doors, all the in­conveniences of a hasty sentence. I have been here now a full week, this day eight dayes, was the day in which I made in this place, my first appearance; The short respite but [Page 39] of a day, or two longer, may give peace unto the Nation; whereas an hasty jugde­ment may bring such a perpetual trouble and inconvenience upon it, that is, the Child unborn may repent it. And there­fore once more 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 place that you will appoint me.

Sir, you have been already answered to what you have moved, it being the same motion which you made before, for which you have had the resolution and the judgement of the Court in it; and the Court would now be satisfied from you, whether you have any more to say for your selfe then you have yet said, before they proceed to sentence.

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

[Page 40]

Sir, I have received in­structions from the Court.

Well Sir,

If this must be reinfor­ced, or any thing of this nature, your answer must be the same, as it was before, and they will proceed to sen­tence, if you have no more to say?

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

The Court Sir, then hath something else to say to you, which although I know will be very unwelcom; yet notwithstanding, they are resolved to discharge their duty.

Sir, you have spoken very well of a precious thing, that you call a peace; and it were much to be wished, that God had put it into your heart, that you had as effectually endea­voured, and studied the peace of the Kingdome, as in words you seem to pretend; but as the other day, it was represented to you, that actions must expound intentions: Your actions have been clean contrary, and truly, Sir, it doth appear very plainly to [Page 41] the Court, that you have gone upon very erroneous principles. This Kingdom hath felt it to their smart, and it will be no comfort to you, to think of it; for Sir, you have been heard to let fall such language, as if you had not been subject to the Law, or that the Law had not been your Superiour. The Court is very sen­sible of it, I hope, so are all the under­standing people of England, That the Law is your Superiour: you ought to have ruled according to the law, you ought to have done so, and your pretence hath been, that you have done so: But Sir, the question is who shall be the expositors of the Law, whether you and your party out of the Courts of Justice shall take upon you to expound the Law? Or whether the Courts of Justice, shall be the expounders themselves? Nay, this Sovereign and high Court of Justice, the Parliament of England, who may well be obliged to be the highest expounders of the Law, since they are the Sole makers of it: Sir, for you to set your selfe with your [Page 42] single judgement, or for those who adhere unto you, to set themselves against the highest Court of Justice, there is no Law for it. Sir, as the Law is your superior, so truly, there is something that is Superiour to the Law, which is the Parent, or Author of the Law, and that is the people of England: For as they are those who at first (as other Countries have done) did chuse unto themselves this form of Government, that Justice might be administred and the peace pre­served: so they gave Laws unto their Governors, according to which they were to govern; and if those Laws should have proved inconveni­ent, or prejudicial to the publick, they had power in them reserved to themselves to alter, as they should finde cause.

It is very true, what some of your side have alleadged; Rex non habet parem in regno This Court will affirm the same in some sense, that whilest King, you have not your Peer; for you are major singulis, but they will aver again, that you are minor univer­sis; [Page 43] and the same Author tels you, that in exhibitione juris, you have no power, but they are quasi minimus

This we know to be Law, Rex haebt superiorem Deum & legem, etiam & Curi­am, and so sayes the same Author; and he makes bold to proceed further Debent ei fraenum ponere, they ought to bridle him. We know very well the stories of old: we cannot be ignorant of those Wars that were called the Barons Wars, when the Noblity of the Land did stand out for the Liber­ty and the property of the Subject, and would not suffer the Kings that did invade their Liberties to play the Tryants, but did call them to an ac­count for it, and did fraenum ponere But Sir, If the Nobility of the Land do forbear to do their duty now, and are not so mindfull of their own Honour and the Kingdomes good, as the Barons of England of old have been; certainly, the Commons of England will not be unmindefull of what is requisite for their preserva­tion and their safety. Justitiae fruendi causa Reges constituti sunt. By this we [Page 44] learn, that the end of having Kings, or Governours, is for their enjoying of Justice, that is the end. Now Sir, If the King will go contrary to that end, or if any Governour will go contrary to the end of his govern­ment, he must understand, that he is but an Officer in trust, and that he ought to discharge that trust, and order is to be taken for the animad­version and punishment of such an offending Governour.

Sir, This is not a Law of yester­day (since the time of the division betwixt you and the Parliament) but it is a Law of old; And we know very well both the Authors and the Authorities that acquaint us what the Law was in that point, on the election of Kings, when they took their Oath to be true unto the peo­ple; and if they did not observe it, there were those remedies in­stituted which are called Parlia­ments. The Parliaments were they that were to adjudge (the very words of the Authors) the plainness and wrongs done by the King and Queen, or by their Children; such wrongs e­especially, [Page 45] when the people could have no where else a remedy. Sir, this is the Case of the people of Eug­land, they could not have their re­medy else where but in Parliament.

Sir, Parliaments were instituted for that intent, it was their main end, that the grievances of the people might be redressed, and truly, if the Kings of England had been rightly mindefull of themselves, they were never more in Majestie or State, than in the time of the Parliament: but how forgetfull some have been, Histories have informed us; and we our selves have a miserable, a lamen­table, and a sad experence of it.

Sir, by the old Laws of England (I speake these things the rather to you, because you were pleased to affirme the other day, that you had as much knowledge in the Law as most Gentlemen of England. It is very well Sir, and truly Sir, it is very sit for the Gentlemen of England to un­derstand the Laws under which they must live, and by which they must be governed; And then Sir, the Scri­pture sayes, they that know their Ma-Masters [Page 46] will and do it not; you know what follows, the Law is your Ma­ster, the acts of Parliament) the Par­liaments were anciently to be kept twice in the year, as we find in our old Author, that the Subject upon any occasion might have a remedie and a redress for his grievance. After­wards by severall Acts of Parliament in the dayes of your predecessor Ed­ward the third; they were to be but once a year. What the Intermission of Parliaments in your times hath produced, is very well known, and the sad consequences of it; as also what in the interim instead of Parlia­ments, there hath been by you, by a high and arbitrary hand intro­duced upon the people. But when God by his Providence had so far brought it about, that you could no longer decline the calling of a Par­liament▪ a Parliament was called; where it may appear, what your ends were against your ancient and Native Kingdom of Scotl but this Parliament of Engl. not serving your turn against them, you were pleased to dissolve [Page 47] it. Not long after, another great ne­cessitie occasioned the calling of this Parliament, and what your designes and indeavours all along have been for the crushing and confounding of it, hath been most notorious to the whole Kingdom. And truly Sir, in that you did strike at all, it had been a sure way to have brought about that which this Charge doth lay upon you; your intention to subvert the fundemental Laws of the Land, for the great Bulwarks of the peoples Li­berty, is the Parliament of England, and to subvert and root up that, which your aim hath been to do, would certainly at one blow, have confounded the Liberties and the properties of England.

Truly Sir, It makes me call to minde (I cannot forbeare to express it) for Sir, we must deal plainly with you according to the merits of your Cause, for so is our commission, It makes me, I say, to call to minde, what I have read of a great Romane Em­peror, a great Roman tyrant, may I call him, Caligula by name, who wished [Page 48] that the people of Rome had but one Neck, that at one blow he might cut it off: Your proceedings have been something like to this, the people of England have been & are no where else to be represented but in Parliament; and could you have but confounded that, you had at one blow cut off the neck of England But God hath reserved better things for us and hath been pleased to breake your Forces and to over­throw your designes, and to bring your person in to custody, that you might be answerable unto Justice.

Sir, we know very well that it is a question which hath been much pressed by your side, By what Pre­sidents we shall proceed, Truly Sir, for Presidents, I shall not at this pre­sent make any long discourse on that subject; howsoever, I shall ac­quaint them, that it is no new thing to cite Presidents almost out of all Nations, where the people (when power hath been in their hands) have not sticked to call their Kings to an account, and where a change [Page 49] of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people. I will not waste time to mention France, or Spain, or the Empire of Ger­many, or any other Countrey; Vo­lumnes may be written of it: But truey Sir, that President of the Kingdom of Arragon hath by some of us been thought upon. The Ju­stice of Arragon, is as a man tan­quam in medio positus, it is placed between the people of that Coun­trey and the King of Spain; so that if wrong be done by the King of Arragon, the Justice of Arragon hath power to reform that wrong, and he is acknowledged the Kings Superiour; and bring the grand prisoner of the Priviledges, and Li­berties of the people; he hath pro­secuted against the Kings for their misgovernment.

Sir, What the Tribunes were heretofore to Rome, and what the Ephori were to the State of Lace­demon, we sufficiently know, they [Page 50] were as the Parliament of England to the English State: and though Rome seemed to have lost her Li­berty when once the Emperours were constituted; yet you shall find some exemplary Acts of Justice even done by the Senate of Rome, on the great Tyrant of his time, Ne­ro, who was by them condemned and adjudged unto death. But why Sir, should I make mention of these Forreign Histories and Ex­amples unto you. If we shall look but over the Tweed, we shall finde Examples enough in your Native Kingdom of Scotland. If we look on your first King Forgusius, he was an elective King, he died and left two Sons, both in their minority: The elder brother afterwards giving small hopes to the people, that he would govern them well; so because he endeavoured to have supplanted his Uncle, who was cho­sen by the people to govern them in his minority; he was rejected by the people for it, and the younger Brother was chosen, &c.

[Page 51] Sir, I will not take upon me to express what your Histories do at large declare; you know very well that you are the hundred and nineth King of Scotland; to men­tion all the Kings, which the peo­ple of that Kingdome, according to their power and Priviledge, have made bold to deal withall, either to banish, imprison, or put to death, would be too long a story for this time and place. Reges (say your own Authors) we created Kings, at first, Leges, &c. we imposed Laws upon them, and as they were chosen by the suffrages of the peo­ple at the first, so upon the same oc­casion, by the same suffrages they may be taken down again; and of this, I may be bold to say, that no Kingdom in the World, hath yielded a more plentifull experi­ence, than your Native Kingdom of Scotland, on the deposition and the punishment of their trans­gressing Kings.

I need not go far for an Ex­ample, your Grand-mother was [Page 52] set aside, and your Father an In­fant Crown'd. This State hath done the like in England. The Par­liament and people of England, have made bold to call their King to an account therein, frequent Examples of it in the Saxons time, the time before the Conquest, and since the Conquest, there have not wanted some Presidents: King Ed­ward the second, King Richard the second, were so dealt with by the Parliament, and were both depo­sed, and deprived, and truly Sir, whosoever shall look into their stories, shall not finde the Articles that are charged upon them to come near to the height, and the Capitalnesse of the crimes, that are laid to your charge, nothing near.

Sir, you were pleased the other day to alledge your descent, and I did not contradict it, but take all together, if you go higher than the Conquest, you shall find that for almost a thousand years these thinge have been, and if you come [Page 53] down since the Conquest, you are the four and twentieth King from William called the Conquerour, and you shall find one half of them to come meerly from the State, and not meerly upon the point of Descent. This were ea­sie to be instanced. The time must not be lost that way. I shall only represent what a grave and learned Judge said in his time, who was well known unto you, the words are since printed for posteri­ty: That although there were such a thing as a Descent many times, yet the Kings of England ever held the greatest assurance of their Titles, when it was declared by Parliament. And Sir, your Oath, and the manner of your Coronation, doth plainly shew, that the Kings of England, although it's true by the Law, the next per­son in bloud is designed, yet if there were a just cause to refuse him, the people of England might do it. For there is a Contract and a bar­gain made betwixt the King and [Page 54] his people, and your Oath is taken, and certainly Sir, the Bond is re­ciprocall, for as you are Leige Lord, so are they Leige Subjects, and we know very well that Legantis est du­plex, the one is a Bond of perfecti­on, that is due from the Soveraign, the other is a Bond of Subjection which is due from the Subject, for if this Bond be once broken, fare­well Soveraignty, [...]ubjectio trahit, &c.

These things may not be deny­ed, for I speak it the 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 you ought to be, a Protector of England, or a de­stroyer of England, let all Eng­land judge, or all the world that hath beheld it; and though Sir, you have it by inheritance, in the way that is spoken of, yet it cannot be denyed, but your Office is an Of­fice of Trust, and indeed an Office of the highest Trust that can be lodged in any single person. For as you were the grand Administra­tor [Page 55] of Justice, and others were but as your Delegates, to see it execu­ted through your Dominions. If your great Office were to do Justice, and preserve your people from wrong, if instead of execu­ting Justice, you will be the grand and publick disturber of the peace, surely this is contrary to your Of­fice and your Trust. Now Sir, if it be an Office of Inheritance (as you speak of your Title by de­scent) let all men understand, that great Offices are seizable, and for­feitable, as if you had it but for a year, or for your life. It will therefore much concern you to take into your serious considera­tion, your great miscarriages in this nature.

Truly Sir, I shall not in this place undertake to give you the particulars of the many miscarri­ages of your Reign, whatsoever they have been, they are notori­ously known. It had been happy for the Kingdome, and for your self also, if they had not been so [Page 56] much known, and so much felt, as they are every where complained on, and reported.

Sir, that we are now upon by the command of the highest Court, hath been and is to bring you to your Triall, and to judge you for these great offences of yours: Sir, the Charge hath called you Ty­rant, a Traytor, a Murtherer, and a publike Enemy to the Common-wealth. Sir, it had been well, if these terms might rightly and just­ly have been omitted; nay, if any one of them all.

Ha!

Truly, we have been told, Rex est, qui bene regit, Tyran­nus qui populum opprimit, and if that be the definition of a Tyrant, then see if you come short of it in your Actions, and whether not the highest Tyrant by that way of ar­bitrary Government, which you sought to introduce, and were put­ting upon the people. Examine with your self, if that were not as high an act of Tyranny, as any of [Page 57] your predecessours were guilty of, yea, many degrees beyond it.

Sir, the Term Traytor cannot be spared, we shall easily conclude that it doth enforce and denote a breach of Trust, and it must be sup­posed to be done by a superior, and therefore as the people of England might have incurred that term, if they had been truly guilty of it, as to the definition of the Law; so on the other side, when you did break you Trust to the Kingdom, you did break your Trust to your superior; For the Kingdom is that for which you were trusted; And therefore when you are called to an account for this breach of trust, you are called to account by your superior. Minimus Majorem in judi­cium vocat: And Sir, the people of England cannot be so wanting to themselves, (whom God hath dealt miraculously and gloriously for) they having both power and their great enemy in their hand, but they must proceed to Justice to themselves and to you; For Sir, [Page 58] the Court could heartily desire that you would lay your hand up­on your heart, and consider, what you have done amiss, and that you would endeavour to make your peace with God. Truly Sir, These are two high Crimes, Tyranny and Treason. There is a third, if those had not been, and that is Murder, which is laid to your charge also. All the bloody murders that have been committed since the Division twixt you and your people, must be laid to your charge. Sir, It is a hainous and a crying sin, and truly Sir, If any man will ask us what punishment is due unto a murtherer, let Gods Law, let mans Law speak. I will presume you are so well read in the holy Scripture, as that you know God himself hath said concerning the shedding of mans blood, Gen. 9. and Numb. 35. will tell you what the punishment is, and this Court in the behalf of the Kingdome are sensible of that innocent blood, that hath been shed, and the Land indeed stands [Page 59] still defiled with that blood, and as the Text hath it It can no way be cleansed, but by the shedding of the blood of him who shed that blood. Sir, We know no dispensation from this blood in the Commandment, 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 it; nor do we know that there is any manner of exception, not even in mans Laws, for the punishment of Murther in you. Tis true, that in the Case of Kings, every private hand is not to put forth its self to this work, for their reformation or punishment; but the people represented having power in their hands (were there but one willfull Act of murder by you committed) have power to convent you, and to punish you for it.

The weight, Sir, then lying upon you in all these respects, that have [Page 60] been spoken, for your Tyranny, Treason, Breach of trust, and the murders that have been commit­ted, surely it would drive you into a sad consideration concerning your eternall estate: I know it can­not be acceptable to you, to heare any such things as these mention­ed from this Court, for so, do we call our selves and justifie our selves to be a Court, and a High Court of Justice, authorized by the highest and solemnest Court of the King­dome, as hath been often already said. And although you have in­deavoured, what lay in you to dis­court us; yet we do take knowledge of our selves to be such a Court, as can administer justice to you, as wee are bound in duty to it.

Sir, all I shall say, before the reading of the Sentence, is but this. The Court doth heartily de­sire, that you will seriously cons­ider of those Evills, that you stand guilty of. You said well the other day, you wished us to have God before our eyes. Truly Sir, I [Page 61] hope all of us have so, that God whom we acknowledge to be King of Kings and Lord of Lords, that God with whom there is no respect of persons; that God who is the avenger of Innocent blood; that God have we before our eyes, that God who bestowes a Curse up­on them, who is in the case of guilty malefactors that deserve death, do withhold their hands from shed­ding of blood: Sir, that God we have before our eyes, and were it not that the Conscience of our duty hath! called us into this place, and this imployment, you should have had no appearance of a Court here. But Sir, we must preferre our respect unto God and to the Kingdom, above any respects what­soever; and although at this pre­sent, many of us, if not all of us, are severely threatned by some of your party, what they intend to do; yet wee do here declare, that we shall not decline or forbear the doing of our duty in the ad­ministration of Justice, even to [Page 62] your selfe; and that according to the merit of your offence; although God should permit those men to effect all their bloody designs in in hand against us. Sir, we will say, and will declare it as those Children in the fiery furnace, who refused to worship the Golden Image, that Nabuchadonazer had set up, That their God was able to deliver them from the danger they were neer unto; but if he did not deliver them, yet they would not fall down and worship the golden Image. We shall make this application of it. That though we should not be delivered from▪ those bloody hands & hearts, who conspire the overthrow of the Kingdom in generall, and of our selves in particular, for being actors in this great work of Justice; though I say, we should perish in the work; yet by the grace & in the strength of God, we are resolved to go on with it. And those are the intire resolutions of us all.

Sir, I say, for your selfe that we [Page 63] do heartily wish and desire that God would be pleased to give you a sense of your sins, that you may see wherein you have done amisse, and that you may cry unto him, that God would deliver you from bloody-guiltinesse. A good King, David by Name, was once guilty of that particular guilt; he was otherwise upright, saving in the matter of Ʋriath. Truly Sir, the History doth represent unto us, that he was a repentant King, and he had died for his sinne, but that God was pleased to be indul­gent to him, and to grant him his pardon, Thou shalt not die (saith the prophet) but the child shall die, Thou hast given cause to the Enemies of God to blaspheme.

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

Sir, you must now give me leave to proceed, for I am not [Page 64] far from your Sentence, and your time is now past.

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

Sir, I must put you in minde, I must Sir, although at this time, especially, I would not wil­lingly interrupt you in any thing you have to say, which is proper for us to admit; but Sir, you have not owned us as a Court, and you looke upon us, as a sort of people huddled together, and we know not what uncivill language we re­ceive from your party.

I know nothing of that.

You disavow us as a Court, and therefore for you to addresse your selfe to us, whom you do not acknowledge to be a Court, for us (I say) to judge what you shall speake is not to be permitted; and the truth is all along from the [Page 65] to disavow and disown us; The Court needed not to have heard you one word; for unless they be acknowledged a Court and in­gaged, it is not proper for you to speak.

Sir, We have given you too large an indulgence of time already, and admitted so much delay, that we may not admit of any more. If it were proper for us, we should heare you very freely, not decline to hear the most that you▪ could speake to the greatest ad­vantage for your self, whether it were totall, or but in part, excu­sing those great and hainous char­ges which are laid upon you. But I shall trouble you no longer, your sins are of so large a demension, that if you do but seriously think of them, they will drive you into a sad consideration; and we wish that they may improve in you a sad and serious repentance. And it is the desire of the Court, that you may be so penitent for what you have done amisse, that God [Page 66] may at least, have mercy on your better part. As for the other, it is our part and duties to doe that which the law prescribeth, we are not now here jus dare, but jus dicere; we cannot be unmindfull of what the word of God tels us, To ac­quit the guilty, is of an equall abomination, as to condemn the Innocent; we may not acquit the guilty: What sentence the law pro­nounceth to a traytor, a 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.

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

Whereas the Commons of England in Parliament had appointed them an High Court of Justice for the tryall of [Page 67] 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 be halfe of the Kingdome of England; which Charge followeth in these words.

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

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

For all which Treasons and Crimes, this Court doth adjudge that the said Charls Stuart as a Tyrant, Traytor, Murtherer, and a publike Enemy, shall be put to death by severing his Head from his Body.

The Sentence being read, the [Page 68] Lord President said; This Sentence now read and published is the Act, Sentence, Judgement, and reso­lution of the whole Court.

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

Will you hear me one word Sir!

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

No Sir!

No Sir, by your fa­vour Sir,—Guard withdraw your Prisoner.

I may speak after the sen­tence —By your favour Sir, I may speak after Sentence ever. The Guard drawing to him, he said unto them; by your favour hold: and turning to the Pre­sident, he said; the Sentence Sir,— I say Sir I do—but being not permitted to proceed, he said I am not suffered to speak, expect what Justice other people will have.

All manner of persons, that have any thing else to do, are to depart at this time, and to give [Page 69] their attendance in the Painted Chamber, to which place this Court doth forthwith adjourn it self.

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