_King._ Prisoners! Sir, I am not an ordinary Prisoner.
_Lord President._ The Court has considered of their Jurisdiction, and
they have already affirmed their Jurisdiction; if you will not answer,
we will give order to record your Default.
_King._ You never heard my Reasons yet.
_Lord President._ Sir, your Reasons are not to be heard against the
highest Jurisdiction.
_King._ Shew me that Jurisdiction, where Reason is not to be heard.
_Lord President._ Sir, We shew it you here, the Commons of England; and
the next time you are brought, you will know more of the pleasure of
the Court, and it may be their final determination.
_King._ Shew me where-ever the House of Commons were a Court of
Judicature of that kind.
_Lord President._ Serjeant, take away the Prisoner.
_King._ Well Sir, remember that the King is not suffered to give in his
Reasons for the Liberty and Freedom of all his Subjects.
_Lord President._ Sir, you are not to have Liberty to use this
Language: how great a Friend you have been to the Laws and Liberties of
the People, let all England and the World judg.
_King._ Sir, under favour, it was the Liberty, Freedom, and Laws of the
Subject that I ever took to defend my self with Arms; I never took up
Arms against the People, but for the Laws.
_Lord President._ The command of the Court must be obeyed; no Answer
will be given to the Charge.
_King._ Well, Sir.
And so he was guarded forth to Sir Robert Cotton’s House.
Then the Court adjourned until the next day.
_The King’s Reasons against the Jurisdiction of the Court._
His Majesty still persisting not to own the Court, they refused to
permit him to deliver his Reasons against the Jurisdiction of the Court
by word of mouth: Nevertheless his Majesty thought fit to leave them in
writing to posterity, which follow in these words:—
“Having already made my Protestations, not only against the illegality
of this pretended Court, but also, That no earthly Power can justly
call me (who am your King) in question as a Delinquent, I would not any
more open my Mouth upon this occasion, more than to refer my self to
what I have spoken, were I in this case alone concerned: but the Duty
I owe to God in the preservation of the true liberty of my People will
not suffer me at this time to be silent: For, how can any free-born
Subject of England call Life or any thing he possesseth his own, if
Power without Right daily make new, and abrogate the old fundamental
Laws of the Land? which I now take to be the present case. Wherefore
when I came hither, I expected that you would have endeavoured to have
satisfied me concerning these grounds, which hinder me to answer to
your pretended Impeachment. But since I see that nothing I can say
will move you to it (the Negatives are not so naturally proved as
Affirmatives) yet I will shew you the reason why I am confident you
cannot judg me, nor indeed the meanest Man in England: For I will not
(like you) without shewing a Reason, seek to impose a Belief upon my
Subjects.
“There is no Proceeding just against any Man, but what is warranted
either by God’s Laws, or the municipal Laws of the Country where
he lives. Now I am most confident this Day’s Proceeding cannot be
warranted by God’s Laws: For on the contrary, the Authority of
Obedience unto Kings is clearly warranted, and strictly commanded in
both the Old and New Testament, which if denied, I am ready instantly
to prove.
“And for the Question now in hand, there it is said, _That where the
word of a King is, there is Power; and who may say unto him, What
dost thou? Eccles._ 8, 4. Then for the Law of this Land, I am no less
confident, that no learned Lawyer will affirm, That an Impeachment can
lie against the King, they all going in his Name: And one of their
Maxims is, That the King can do no wrong. Besides, the Law upon which
you ground your Proceedings, must either be old or new: if old, shew
it; if new, tell what Authority, warranted by the fundamental Laws of
the Land, hath made it, and when. But how the House of Commons can
erect a Court of Judicature, which was never one it self (as is well
known to all Lawyers) I leave to God and the World to judg: And it were
full as strange, that they should pretend to make Laws without King or
Lords House, to any that have heard speak of the Laws of England.
“And admitting, but not granting, that the People of England’s
Commission could grant your pretended Power, I see nothing you can shew
for that; for certainly you never asked the Question of the tenth Man
in the Kingdom, and in this way you manifestly wrong even the poorest
Ploughman, if you demand not his free consent: nor can you pretend any
colour for this your pretended Commission, without the consent at least
of the major part of every man in England of whatsoever Quality or
Condition, which I’m sure you never went about to seek, so far are you
from having it. Thus you see that I speak not for my own Right alone,
as I am your King, but also for the true liberty of all my Subjects,
which consists not in the power of Government, but in living under such
Laws, such a Government, as may give themselves the best assurance of
their Lives, and property of their Goods; nor in this must or do I
forget the Privileges of both Houses of Parliament, which this Days
Proceedings do not only violate, but likewise occasion the greatest
Breach of their publick Faith that (I believe) ever was heard of, with
which I am far from charging the two Houses: for all the pretended
Crimes laid against me, bear date long before this Treaty at Newport,
in which I having concluded as much as in me lay, and hopefully
expecting the Houses Agreement thereunto, I was suddenly surprized and
hurried from thence as a Prisoner; upon which account I am against my
Will brought hither, where since I am come, I cannot but to my Power
defend the antient Laws and Liberties of this Kingdom, together with
my own just Right. Then for any thing I can see, the higher House is
totally excluded; and for the House of Commons, it is too well known
that the major Part of them are detained or deterred from sitting: so
as if I had no other, this were sufficient for me to protest against
the lawfulness of your pretended Court. Besides all this, the Peace
of the Kingdom is not the least in my Thoughts; and what hope of
Settlement is there, so long as Power reigns without Rule or Law,
changing the whole Frame of that Government, under which this Kingdom
hath flourished for many hundred Years? (nor will I say what will fall
out in case this lawless, unjust Proceeding against me do go on) and
believe it, the Commons of England will not thank you for this Change;
for they will remember how happy they have been of late Years under the
Reigns of Queen Elizabeth, the King my Father, and my self, until the
beginning of these unhappy Troubles, and will have cause to doubt, that
they shall never be so happy under any new: and by this time it will be
too sensibly evident, that the Arms I took up, were only to defend the
fundamental Laws of this Kingdom, against those who have supposed my
Power hath totally changed the ancient Government.
“Thus having shewed you briefly the Reasons why I cannot submit to
your pretended Authority, without violating the Trust which I have
from God for the Welfare and Liberty of my People, I expect from you
either clear Reasons to convince my Judgment, shewing me that I am in
an Error (and then truly I will answer) or that you will withdraw your
Proceedings.
“This I intended to speak in Westminster-Hall on Monday January 22, but
against Reason was hindered to shew my Reasons.”
Tuesday, January 23.
This Day the High Court of Justice for trial of the King sat again in
Westminster-Hall, 73 Persons present. The King comes in with his Guard,
looks with an austere Countenance upon the Court, and sits down.
Mr Cook, Solicitor General, moved the Court, That whereas the Prisoner
at the Bar, instead of giving answer to the Charge against him, did
still dispute the Authority of the Court. That as according to Law,
if a Prisoner shall stand as contumacious in contempt, and shall not
put in an issuable Plea _Guilty_ or _Not Guilty_ of the Charge given
against him, whereby he may come to a fair trial, that by an implicite
Confession it may be taken _pro Confesso,_ as it hath been done to
those who deserved more favour than the Prisoner at the Bar has done:
and therefore that speedy Judgment be pronounced against him.
_Lord President._ Sir, You have heard what is moved by the Counsel on
the behalf of the Kingdom against you: Sir, you may well remember, and
if you do not, the Court cannot forget what delatory dealings the Court
has found at your hands. You were pleased to propound some questions:
you had our Resolutions upon them: You were told over and over again,
that the Court did affirm their own Jurisdiction; that it was not
for you nor any other man to dispute the Jurisdiction of the supreme
and highest Authority of England, from which there is no appeal, and
touching which there must be no dispute; yet you did persist in such
Carriage as you gave no manner of obedience, nor did you acknowledg any
Authority in them, nor the High Court that constituted this Court of
Justice.
Sir, I must let you know from the Court that they are very sensible of
these delays of yours, and that they ought not, being thus authorized
by the Supreme Court of England, to be thus trifled withal; and that
they might in Justice, if they pleased, and according to the Rules
of Justice, take advantage of these delays, and proceed to pronounce
Judgment against you: yet nevertheless they are pleased to give
direction, and on their behalfs I do require you, That you make a
positive Answer unto this Charge, that is against you, Sir, in plain
terms; for Justice knows no respect of Persons: you are to give your
positive and final Answer in plain English, whether you be guilty or
not guilty of these Treasons laid to your charge.
_The King_ after a little pause said,
When I was here yesterday, I did desire to speak for the Liberties of
the People of England; I was interrupted, I desire to know yet whether
I may speak freely or no.
_Lord President._ Sir, you have had the resolution of the Court upon
the like question the last day, and you were told that having such
charge of so high a nature against you, your work was, That you ought
to acknowledg the Jurisdiction of the Court, and to answer to your
Charge. Sir, if you answer to your Charge, which the Court gives you
leave now to do, though they might have taken the advantage of your
contempt; yet if you be able to answer to your Charge, when you have
once answered, you shall be heard at large, make the best Defence you
can: But, Sir, I must let you know from the Court, as their Commands,
that you are not permitted to issue out into any other Discourses, till
such time as you have given a positive answer concerning the matter
that is charged upon you.
_King._ For the Charge, I value it not a rush; it is the Liberty of the
People of England I stand for: For me to acknowledg a new Court, that I
never heard of before; I that am your King, that should be an Example
to all the People of England, to uphold Justice, to maintain the old
Laws; indeed I do not know how to do it. You spoke very well the first
day that I came here (on Saturday) of the Obligations that I had laid
upon me by God, to the maintenance of the Liberties of my People: the
same Obligation you spake of, I do acknowledg to God that I owe to him,
and to my People, to defend as much as in me lies the antient Laws of
the Kingdom. Therefore until that I may know that this is not against
the fundamental Laws of the Kingdom, by your favour, I can put in no
particular Answer. If you will give me time, I will shew you my Reasons
why I cannot do it; and thus——
Here being interrupted, he said,
By your favour, you ought not to interrupt me; how I came here I know
not; there’s no Law for it, to make your King your Prisoner. I was in a
Treaty upon the publick Faith of the Kingdom, that was the known—— two
Houses of Parliament, that was the Representative of the Kingdom; and
when that I had almost made an end of the Treaty, then I was hurried
away and brought hither, and therefore——
Here the _Lord President_ said, Sir, you must know the pleasure of the
Court.
_King._ By your Favour, Sir.
_Lord President._ Nay, Sir, by your favour, you may not be permitted
to fall into those Discourses: you appear as a Delinquent, you have
not acknowledged the Authority of the Court; the Court craves it
not of you, but once more they command you to give your positive
Answer.—Clerk, do your Duty.
_King._ Duty, Sir?
The Clerk reads a Paper, requiring the King to give a positive and
final Answer by way of confession or denial of the Charge.
_King._ Sir, I say again to you, so that I might give satisfaction
to the People of England of the clearness of my Proceedings, not by
way of answer, not in this way; but to satisfy them, that I have done
nothing against that trust that hath been committed to me, I would do
it: but to acknowledg a new Court against their Privilege, to alter the
fundamental Laws of the Kingdom, Sir, you must excuse me.
_Lord President._ Sir, This is the third time that you have publickly
disowned this Court, and put an affront upon it; how far you have
preserved the Privileges of the People, your Actions have spoke it: and
truly, Sir, Mens Intentions ought to be known by their Actions, you
have written your meaning in bloody Characters throughout the whole
Kingdom; but, Sir, you understand the pleasure of the Court.—Clerk,
record the Default.—And Gentlemen you that took charge of the
Prisoner, take him back again.
_King._ I will say this one word more to you; if it were my own
particular, I would not say any more, nor interrupt you.
_Lord President._ Sir, you have heard the pleasure of the Court, and
you are (notwithstanding you will not understand it) to find that you
are before a Court of Justice.
Then the King went forth with his Guard to Sir Robert Cotton’s House,
where he lay the last Night and this; and the Court adjourned till the
next day.
Wednesday, January 24.
The House this day only met and adjourned.
This day it was expected the High Court of Justice would have met in
Westminster-Hall about 10 of the Clock; but at the time appointed one
of the Ushers, by Direction of the Court, (then sitting in the Painted
Chamber,) gave notice to the People there assembled, That in regard the
Court was then upon the examination of Witnesses in relation to present
affairs in the Painted Chamber, they could not sit there, but to appear
upon further Summons.
January 25, 1648-9.
The Court taking into Consideration the whole matter in charge against
the King, passed these Votes following, as preparatory to the Sentence
against the King; but ordered that they should not be binding finally
to conclude the Court; viz.
“_Resolved upon the whole matter_, That this Court will proceed to
Sentence of Condemnation against Charles Stuart King of England.
“_Resolved, &c._ That the Condemnation of the King shall be for a
Tyrant, Traitor, and Murderer.
“_Resolved_, That the Condemnation of the King shall be likewise for
being a Publick Enemy to the Commonwealth of England.
“_Resolved_, That this Condemnation shall extend to Death.”
The Court adjourned it self till to morrow at one of the Clock in the
Afternoon.
January 26, 1648-9.
Here the Court sat private.
The Draught of a Sentence against the King, is according to the Votes
of the 25th instant prepared: and after several Readings, Debates, and
Amendments by the Court thereupon,
“_Resolved, &c._ That this Court do agree to the Sentence now read.
“_Resolved_, That the said Sentence shall be ingrossed: That the King
be brought to Westminster to morrow to receive his Sentence.”
The Court adjourn’d it self till the morrow at 10 of the Clock in the
morning to this place; the Court giving notice that they then intended
to adjourn from thence to Westminster-Hall.
The High Court for Trial of the King proceeded in the hearing of
Witnesses to prove the several parts of the Charge against him: some
proving that they saw him present at the setting up of his Standard;
others that they did see him in the Field in such and such Fights with
his Sword drawn, and so as in his Charge, &c. When he is next called,
if he plead, the Witnesses will be ready to speak _Viva voce_; and if
he still refuse to plead, ’tis probable the Court will give present
Sentence.
January 27, 1648-9. Post Merid.
Westminster-Hall.
The Lord President and the rest of the Commissioners come together
from the Painted Chamber to Westminster-Hall, according to their
adjournment, and take their Seats there, as formerly: and three
Proclamations being made for attendance and silence, the Court is
called. The Commissioners present.
* * * * *
The Prisoner is brought to the Bar, and Proclamation is again (as
formerly) made for silence, and the Captain of the Guard ordered to
take into his Custody all such as should disturb the Court.
The President stood up, with an intention of address to the People, and
not to the Prisoner, who had so often declined the Jurisdiction of the
Court; which the Prisoner observing, moved he might be heard before
Judgment given, whereof he received assurance from the Court, and that
he should be heard after he heard them first.
Whereupon the President proceeded, and remembred the great Assembly
then present, of what had formerly passed betwixt the Court and
the Prisoner, the Charge against him in the name of the People of
England, exhibited to them, being a Court constituted by the Supreme
Authority of England; his refusal three several days and times to
own them as a Court, or to answer to the matter of his Charge; his
thrice recorded contumacy, and other his Contempts and Defaults in
the precedent Courts: upon which the Court then declared, that they
might not be wanting to themselves, or to the Trust reposed in them,
and that no Man’s wilfulness ought to serve him to prevent Justice,
That they had therefore thought fit to take the Substance of what
had passed into their serious consideration, to wit, the Charge, and
the Prisoner’s Contumacy; and the Confession which in Law doth arise
upon that Contumacy; the notoriety of the Fact charged, and other the
circumstances material in the Cause; and upon the whole matter, had
resolved and agreed upon a Sentence then ready to be pronounced against
the Prisoner. But that in regard of his desire to be further heard,
they were ready to hear him, as to any thing material which he would
offer to their consideration before the Sentence given, relating to
the defence of himself concerning the matter charged; and did then
signify so much to the Prisoner, who made use of that leave given,
only to protest his respects to the peace of the Kingdom, and liberty
of the Subject; and to say, That the same made him at last to desire,
that having somewhat to say that concerned both, he might before the
Sentence given be heard in the Painted Chamber before the Lords and
Commons; saying, It was fit to be heard, if it were Reason which he
should offer, whereof they were Judges: and pressing that point much,
he was forthwith answered by the Court, and told,
That that which he had moved, was a declining of the Jurisdiction of
the Court, whereof he had caution frequently before given him.
That it tended to further delay, of which he had been too much guilty.
That the Court being founded (as often had been said) upon the
Authority of the Commons of England, in whom rested the Supreme
Jurisdiction, the Motion tended to set up another, or a co-ordinate
Jurisdiction in derogation of the Power whereby the Court sat, and to
the manifest delay of their Justice, in which regard he was told they
might forthwith proceed to Sentence; yet for his further satisfaction
of the entire Pleasure and Judgment of the Court upon what he had then
said, he was told, and accordingly it was declared, that the Court
would withdraw half an hour.
The Prisoner by command being withdrawn, the Court make their recess
into the room called, The Court of Wards, considered of the Prisoner’s
Motion, and gave the President direction to declare their Dissent
thereto, and to proceed to the Sentence.
The Court being again set, and the Prisoner returned, was according to
their Direction informed, That he had in effect received his Answer
before the Court withdrew; and that their Judgment was (as to his
Motion) the same to him before declared, That the Court acted and were
Judges appointed by the highest Authority, and that Judges were not
to delay, no more than to deny Justice: That they were good words in
the great old Charter of England, _Nulli negabimus, nulli vendemus,
nulli deferemus Justitiam vel Rectum_: That their Duty called upon them
to avoid further delays, and to proceed to Judgment, which was their
unanimous Resolution.
Unto which the Prisoner replied, and insisted upon his former desires,
confessing a delay, but that it was important for the Peace of the
Kingdom, and therefore pressed again with much earnestness to be heard
before the Lords and Commons.
In answer whereto he was told by the Court, That they had fully before
considered of his Proposal, and must give him the same answer to his
renewed desires, that they were ready to proceed to Sentence, if he had
nothing more to say.
Whereunto he replied, he had no more to say, but desired that might be
entred which he had said.
Hereupon, after some Discourse used by the President, for vindicating
the Parliament’s Justice, explaining the nature of the Crimes of which
the Prisoner stood charged, and for which he was to be condemned; and
by way of exhortation of the Prisoner to a serious repentance for his
high Transgressions against God and the People, and to prepare for his
eternal Condition,
The Sentence formerly agreed upon and put down in Parchment writing, _O
Yes_ being first made for silence, was by the Court’s Command solemnly
pronounced and given. The Tenor whereof followeth:—
[Conclusion.]
Now therefore upon serious and mature Deliberation of the Premises, and
Consideration had of the notoriety of the matters of fact charged upon
him as aforesaid, this Court is in Judgment and Conscience satisfied
that he the said Charles Stuart is guilty of levying War against the
said Parliament and People, and maintaining and continuing the same;
for which in the said charge he stands accused, and by the general
Course of his Government, Counsels and Practices, before and since this
Parliament began (which have been and are notorious and publick, and
the effects whereof remain abundantly upon record) this Court is fully
satisfied in their Judgments and Consciences, that he has been and is
guilty of the wicked Designs and Endeavours in the said Charge set
forth; and that the said War hath been levyed, maintained and continued
by him as aforesaid, in prosecution, and for accomplishment of the
said Designs; and that he hath been and is the Occasioner, Author, and
Continuer of the said unnatural, cruel, and bloody Wars, and therein
guilty of High Treason, and of the Murders, Rapines, Burnings, Spoils,
Desolations, Damage and Mischief to this Nation acted and committed in
the said War, and occasioned thereby. For all which Treasons and Crimes
this Court doth adjudg, That he the said Charles Stuart, as a Tyrant,
Traitor, Murderer, and publick Enemy to the good People of this Nation,
shall be put to Death by severing of his Head from his Body.
* * * * *
A more full account of this days Action take as follows, viz.:—
The King being come in his wonted Posture with his Hat on, some of
the Souldiers began to call for Justice, Justice, and Execution. But
silence being commanded, his Majesty began:
I desire a word to be heard a little, and I hope I shall give no
occasion of interruption.
The President answered,
You may answer in your time; hear the Court first.
His Majesty replied,
If it please you, Sir, I desire to be heard, and I shall not give any
occasion of interruption, and ’tis only in a word. A sudden Judgment——
_President._ Sir, you shall be heard in due time, but you are to hear
the Court first.