O Yes made. Silence commanded. The Court called.

First, The Lord President, (who was in a Scarlet Veflure, be fitting the business of the day.) After him 67. Members more answered to their names.

The King came in, in his wonted posture (with his Hat on.)

A Cry made in the Hall (as he passed to the Court) for Justice and Execution.

O Yes made: And Silence commanded. The Cap­tain of the Guard commanded to take into custody such as made any disturbance.

Upon the Kings coming he desired to be heard.

To which the Lord President answered, That it might be in time, but that he must hear the Court first.

The King prest it, for that he beleeved it would be in Order to what the Court would say, and that an hasty Judgment was not so soon recalled.

Then the Lord President spake, as followeth,

Gentlemen, It is well known to all or most 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 Here a Ma­lignant Lady interrupted the C [...]urt, (saying, not half the People,) but she was soon silen­ced. England. To which Charge, being requi­red to answer, he hath been so far from obeying the Commands of the Court by submitting to their Iu­stice, as he began to take upon him reasoning and de­bate unto the Authority of the Court, and to the highest Court that appointed them, and to try and to judg him, but being over-ruled in that, and required to make his Answer, he was still pleased to continue Contumelious, and to refuse to submit to answer, hereupon the Court, that they may not be wanting to themselves, nor the Trust reposed in them, nor that a­ny mans wilfulness prevent Justice, they have thought fit to take the matter into their Consideration, they have considered of the Charge, they have considered of the Contumacy, and of that confession which in Law doth arise upon that Contumacy, they have likewise considered of the Notoriety of the Fact char­ged [Page 5]upon this Prisoner, and upon the whole matter; they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner, but in respect he doth desire to be heard before the Sentence be read and pronouncd; the Court hath resolved that they wil hear him: Yet Sir, Thus much I must tell you beforehand, which you have been minded of at other Courts, That if that which you have to saybe to offer any debate con­cerning the Jurisdiction, you are not to be heard in it, you have offered it formerly, and you have struck at the Root, that is, the Power and the supream Authori­ty of the Commons of England, which this Court will nor admit a Debate of, and which indeed it is an irrational thing in them to do, being a Court that acts upon Authority derived from them. But Sir, If you have any thing to say in defence of your self, concern­ing the matter charged, the Court hath given me in command to let you know they will hear you.

Then the King answered;

Since that I see you will not hear any thing of De­bate, concerning that which I confess I thought most material for the Peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it; but only I must tell you, that this many a day all things have been taken away from me, but that that I call dearer to me then my life, which is my Conscience and my Honor; and if I had a respect to my life more then the Peace of the Kingdom, the Li­berty of the Subject, certainly I should have made a particular Defence for my self, for by that, at leastwise, [Page 6]I might have delayed an ugly Sentence, which I be­leeve will pass upon me; therefore certainly, Sir, as a man that hath some understanding, some knowledg of the world; if that my true zeal to my Country had not overborn the care that I have for my own Preser­vation, I should have gone another way to work then that I have done: Now Sir, I conceive, that an hasty Sentance once past may sooner be repented of then re­called, and truly the self same desire that I have for the Peace of the Kingdom, and the Liberty of the Subject more then my own particular ends, makes me now at last desire, That I having something to say that concerns both: I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons: this delay cannot be prejudicial unto you whatsoever I say: if that I say no Reason, those that hear me must be Judges, I cannot be Judg of that that I have; if it be Reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on't it is very well worth the hearing; therefore I do conjure you, as you love that that you pretend, ( I hope its real,) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing before any Sentence be past; I only desire this, That you will take this into your consideration, it may be you have not heard of it beforehand, if you will I will re­tire, and you may think of it; but if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure shews, and that you will not hear your King.

The Lord President said,

That what the King had said, was a declining of the Jurisdiction of the Court, which was the thing where­in he was limited before.

The King urged,

That what he had to say was not a declining of the Court, but for the Peace of the Kingdom, and liberty of the Subject.

Lord President.

Sir; This is not altogether new that you have moved unto us, though it is the first time that, in person, you have offered it to the Court: And afterwards, That though what he had urged might seem to tend to de­lays, yet according to that which the King seemed to desire, the Court would withdraw for a time, and he should hear their pleasure.

Then the Court withdrawing into the Court of Wards, The Sergeant at Arms had command to withdraw the Prisoner, and to give Order for his Return again.

The Court after about half an hours debate returned from the Court of Wards Chamber; And the King being sent for, the Lord President spake to this effect;

Sir, You were pleased to make a motion here to the [Page 8]Court, touching the propounding of somewhat to he Lords and Commons in the painted Chamber, for he Peace of the Kingdom; you did in effect receive in answer, before their adjourning, being pr [...] ­ [...]orma 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 of their own Authority: The Return from the Court is this. That they have been too much delayed by you already, and they are Judges appointed by the highest Authority, and Judges are no more to delay, then they are to deny Justice; they are good words in the great old Charter of England, Nulli negabimus, nulli condemus, et nulli defer­remus justitiam: But everyman observs you have delay'd them in your Contempt and Default, for which they might long since have proceeded to Judgment against you; and notwithstanding what you have offered, they are resolved to proceed to Sentence and to Judgment, and that's their unanimous Resolution.

King. Sir, I know it is in vain for me for to dispute, I am no Seperick for to deny the power that you have; I know that you have power enough: Sir I must confesse I think it would have been for the King­domes peace if you would have taken the paines for to have showne the lawfulnesse of your Power: for this delay that I have desired, I confesse it is a delay, but it is a delay very important for the Peace of the Kingdome; for it is not my person that I look at alone, it is the Kingdomes welfare and the King­domes peace: it is an old sentence, That we should think on long before we have resolv'd of great matters suddainly; therefore Sir I do say again, that I do put at your doores all the inconveniency of a hasty sen­tence. I confesse I have been here now I think this week, this day 8. daies was the day I came here first, but a little delay of a day or two further may give peace, whereas an hasty Judgement may bring on that trouble and perpetuall inconveniency to the Kingdome, that the child that is unborne may repent it; and therefore againe 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.

The President replyed, that what he desired was no more then what he had moved before, and there­fore the Court expected to heare what he would say before they proceeded to sentence.

This I say, That if you will heare me, I do not doubt to give satisfaction to you, and to my people, and therefore I do require you (as you will answer it at the dreadfull Day of Judgement) that you will consider it once againe.

The Court will proceed to sentence, if you have no more to say.

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

The Lord President then proceeded to declare the grounds of the sentence, That the Court were resol­ved to discharge their duty, that he had spoken of a precious thing cal'd Peace, and it were to be wish't that God had put it into his heart that he had effe­ctually and really indeavoured and studied the Peace of the Kingdome, as now in words he seem'd to pre­tend; That it appeared to the Court, that he had gone upon very erroneous principles, the Kingdome had felt it to their smart, that the Court was very sen­sible of it, and so he hoped the understanding People of England would be; That the Law was his Supe­riour, and that he ought to have ruled according to the Law: the difference was, who should be the Ex­positors of the Law, whether he and his party out of the Courts of Justice, or the Courts of Justice, nay the Soveraigne and high Court of Justice, the Parlia­ment of England, that is not only the highest expoun­der of the Law, but the sole maker of the Law, and [Page 11]that for him and those that adhered to him to set themselves against it, was not Law. That what some of his owne Party had said, Rex non habet parem in regno, was granted, but though he was major singulis, yet he was universis minor, That the Barons of old when the Kings playd the Tyrants, called them to account, that they did frenum ponere, that if they did forbeare to doe their duty now, and were not so mindfull of their owne Honour and the Kingdomes, as the Barons of old were, certainly the Commonalty of England would not be unmindfull of what was for their pre­servation, and their safety. That if the King went contrary to that end, he must understand that he is but an Officer in trust, and they to take order for the punishment of such an offending Governour. That this is not a Law of Yesterday, upon the division of Him and his People, but of old; and that the Kings Oath implied as much: and where the People could not have any other remedy, the Parliament were to do it, who were ordained to redresse the grievances of the People. The Parliaments were to be kept, we finde in old Authors, twice in the year, that the Sub­ject might upon any occasion have a ready remedy. That his designe had beene to destroy Parliaments, and that when they would not ingage against his na­tive Kingdom of Scotland, he dissolv'd the Parlia­ment. That as Caligula the great Roman Tyrant wisht the People of Rome had but one neck, that at one blow hee might cut it off; and this Kings pro­ceedings had beene somwhat like his; For, the [Page 12]Body of the People of England is no where re­presented but in Parliament; and could Hee but have confounded that, hee would soone have cut off the Head and Neck of England. That it was no new thing to cite Presidents, where the peo­ple (when power was in their hands) have made bold to call their Kings to account; that it would be too long a time to mention either France, Spaine, the Emperour, or other Countreyes, but he instanc'd in the Kingdome of Aragon, where there was a man Tanquam in medio positus, betwixt the King and the people, and he is acknowledged to be the Kings Su­periour, and is the grand preserver of the peoples Priviledges; and what the Tribunes of Rome were here­tofort, and the Ephori to the Lacedemonian State, that was the Parliament of England to the English State; that he needed not to mention those foraigne sto­ries, if he look'd but over Twede, there was enough in his native Kingdome of Scotland, if they look'd upon their first King Terg [...]sius, who left two sons in their minority, and the older seeming disaffected to their peace, and opposing his Uncle, who ruled well, they chose the younger: that of 109. Kings of Scot­land, he need not make mention how many of them the people had made bold to deale withall, some to banish, and some to imprison, and some to put to death, no Kingdome had more plentifull experience then that Kingdome hath, or the deposition and pu­nishment of their offending and transgressing Kings; And not to go farre for example, the Kings Crand [...] ­mother set aside, and his Father an Infant crowned. [Page 13]And there wants not examples here in England both before and since the Conquest, as King Edward the second and Richard the second were so dealt with by the Parliament, and whosoever looks into their sto­ries should not find the Articles that are charg'd up­on them, to come neare to that heigth and capital­nesse of crimes that were laid to his Charge, and for succession by inheritance it was plaine from the Conquest that of 24. Kings, one halfe of them came in by the State.

That the Oath at his Coronation did shew there was a contract and bargain made by the people.

After the Lord President had cited many things to this purpose, in relation to the power of Kings, and their being called to account for breach of Trust, and expressed in what sence this present King had been guilty, according to his Charge of being a Ty­rant, Traytor, Murtherer, and publike Enemy to the Common-wealth. He further declared in the name of the Court, That they did heartily wish, that hee would be so penitent for what hee had done amisse, that GOD might have mercy at least­wise upon his better part; for the other it was their duty to do it, and to doe that which the Law prescribes, they were not there jus dare, but jus dice­re; that they could not but remember what the Scripture said, For to acquit the guilty it is equall [...] ­homination as to condemne the innocent; we may not acquit the guilty; what sentence the Law affirmes to a Traytor, a Tyrant, a Murtherer, and a publike Enemy to the Countrey, that sentence he was to hear read unto him.

Then the Clerke read the sentence drawn up in parchment.

That 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 con­vented, and at the first time a Charge of high Treason, and other crimes and mis­demeanours was read in the behalf of the kingdome of England, &c.

Here the Clark 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 exprest the severall passages at his Triall in refusing to answer.

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

After the sentence read, the Lord President said,

This sentence now read and published, it is the act, sentence, judgement, and resolution of the whole Court: here the Court stood up, as assenting to what the President said.

Will you heare me a word Sir?

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

No Sir?

No Sir, by your favour Sir. Guard, with-draw your Prisoner.

I may speake 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 adjourne it selfe.

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