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 left in
everything. From the point of view of defending counsel, Charles had an
unanswerable case, and he was enough of a lawyer to make the most of it.
Bradshaw, on the other hand, seems, to me at least, to have played his
part not badly. Considering all things, I do not myself see that his
behaviour to Charles was unnecessarily harsh. If you have made up your
mind to cut off a man's head, and if you are aware that your position as
a judge is a false one, you are bound to assert your authority without
much regard to prisoners' feelings, or even good manners. I am not in a
position to discuss what effect the essential illegality of the trial,
from a formal point of view, produced on contemporary and subsequent
opinion; but I think it may safely be said that the trial presents the
most striking example to be found in English history of the view held in
this country of the authority of the law. I have only to add that in
this trial I have reproduced the original report exactly as I found it.
On Saturday, being the 20th day of January 1649, the Lord
President of the High Court of Justice,[20] with near fourscore
of the members of the said Court, having sixteen gentlemen with
partizans, and a sword, and a mace, with their and other
officers of the said Court, marching before them, came to the
place ordered to be prepared for their sitting at the west-end
of the great Hall at Westminster; where the Lord President, in a
crimson velvet chair, fixed in the midst of the Court, placed
himself, having a desk with a crimson-velvet cushion before him;
the rest of the members placing themselves on each side of him
upon several seats, or benches, prepared and hung with scarlet
for that purpose; and the partizans dividing themselves on each
side of the court before them.
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 brought upon this nation, which is
fixed upon you as the principal author of it, have resolved to
make inquisition for blood; and according to that debt and duty
they owe to justice, to God, the kingdom, and themselves, and
according to the fundamental power that rests in themselves,
they have resolved to bring you to Trial and Judgment; and for
that purpose have constituted this High Court of Justice, before
which they are brought.
This said, Mr. Cook,[21] Solicitor for the Commonwealth standing
within a bar on the right hand of the Prisoner, offered to
speak; but the king having a staff in his hand, held it up, and
laid it on the said Mr. Cook's shoulder two or three times,
bidding him hold. Nevertheless, the Lord President ordering him
to go on, he said,
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 spectators, sat down, looking very sternly, and
with a countenance not at all moved, till these words,
viz.:--'Charles Stuart to be a Tyrant and Traitor,' etc. were
read; at which he laughed, as he sat, in the face of the Court.
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 authority I am seated
here, and I shall not be unwilling to answer. In the mean time,
I shall not betray my trust; I have a trust committed to me by
God, by old and lawful descent; I will not betray it, to answer
to a new unlawful authority; therefore resolve me that and you
shall hear more of me.
LORD PRESIDENT--If you had been pleased to have observed what
was hinted to you by the Court, at your first coming hither, you
would have known by what authority; which authority requires
you, in the name of the people of England, of which you are
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 of lords here that may
constitute a parliament; and the king too should have been. Is
this the bringing of the king to his parliament? Is this the
bringing an end to the Treaty in the public faith of the world?
Let me see a legal authority warranted by the Word of God, the
Scriptures, or warranted by the Constitutions of the kingdom,
and I will answer.
LORD PRESIDENT--Sir; You have propounded a question, and have
been answered. Seeing you will not answer, the Court will
consider how to proceed; in the mean time, those that brought
you hither, are to take charge of you back again. The Court
desires to know, whether this be all the Answer you will give or
no.
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, though we do tell you our authority, we
are satisfied with our authority, and it is upon God's authority
and the kingdom's; and that peace you speak of will be kept in
the doing of justice, and that is our present work.
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.'[22]
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 of the Guard to apprehend all such as make
disturbance. Upon the king's coming in, a shout was made.
Command given by the Court to the Captain of the Guard, to fetch
and take into his custody those who make any disturbance.
MR. SOLICITOR--May it please your lordship, my Lord President; I
did at the last court in the behalf of the Commons of England,
exhibit and give 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 answered. That it was by authority of the Commons of
England assembled in parliament, that did think fit to call you
to account for those high and capital Misdemeanours wherewith
you were then charged. Since that the Court hath taken into
consideration what you then said; they are fully satisfied with
their own authority, and they hold it fit you should stand
satisfied with it too; and they do require it, that you do give
a positive and particular Answer to this Charge that is
exhibited against you; they do expect you should either confess
or deny it; if you deny, it is offered in the behalf of the
kingdom to be made good against you; their authority they do
avow to the whole world, that the whole kingdom are to rest
satisfied in, and you are to rest satisfied with it. And
therefore you are to lose no more time, but to give a positive
Answer thereunto.
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 the affirmative is to be proved, the negative often is
very hard to do: but since I cannot persuade you to do it, I
shall tell you my reasons as short as I can--My Reasons why in
conscience and the duty I owe to God first, and my people next,
for the preservation of their lives, liberties, and estates I
conceive I cannot answer this, till I be satisfied of the
legality of it. All proceedings against any man whatsoever----
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 the kingdom, and they are these that have given to
that law, according to which you should have ruled and reigned.
Sir, you are not to dispute our Authority, you are told it again
by the Court. Sir, it will be taken notice of, that you stand in
contempt of the Court, and your contempt will be recorded
accordingly.
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.