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A80128 Collections of notes taken at the Kings Tryall, at Westminster Hall, on Tuesday last, Janua. 23. 1648. Also a paper of instructions intercepted, comming from Scotland, to the Scots Commissioners, concerning the King. 1649 (1649) Wing C5219; Thomason E539_4; ESTC R205696 3,612 8

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Collections of Notes Taken at the KINGS Tryall at Westminster Hall On Tuesday last Janua 23. 1648. Also a paper of Instructions intercepted comming from Scotland to the Scots Commissioners concerning the KING THe Court being met on Tuesday the 23 of January 1648. Proclamation was made Hoyes c. All manner of persons that were by the last Court adjoyned to attend this Court draw neer and give your attendance All manner of persons are strictly charged to keepe silence upon paine of imprisonment Then the Commissioners were called over 72. this day sate and answered to their names There was instead of the Kings Armes set over this high Court of Justice The kingdomes Armes which is a red Crosse in a white field Then the Court sent Serjeant Dendy to bid those that had charge of the King to bring him to the Barre and returning the Sergeant tooke the Mace and met him at the Staires going to the Court and the King being come to the Barre he looked about him and viewed the Galleries which were full of people The King was this day and the day before in black And this day his countenance was very sad proclamation was made Hoyes c. This Court doth strictly charge and command all manner of persons to keep silence whilest the great affaires of the Common-wealth are in hearing upon paine of imprisonment And the Captaine of the Guard is to take into his custody all such persons as shall make any disturbance to the proceedings of this Court Then Mr. Cook one of the counsell against the King who is Solicitor Generall moved the Court to this effect That this was the third time that the prisoner was brought before them that they had shewed him great favour Declaring that hee did on Saturday last in behalf of the Commons of England exhibit and give into this court a charge of High Treason and other high crimes and misdemeanors against him whereof he did accuse him in the name of the Parliament people of England and the charge was read unto him and his answer required that he would then give no answer but instead of answering did there dispute the authority of this high Court That he did humbly move on Munday that the prisoner might be desired to make a positive answer either by way of confession or negation which if he shall refuse to doe that the matter of charge might be taken pro confesso the Court would proceed according to Justice But he did still dispute your power contemning the authority of this high Court erected by the Commons of England in Parliament assembled though he be a prisoner at the Barre accused of Treason the highest treason that ever was That a King of England who was intrusted with the Government of the kingdome to violate the Laws of the ●and and yet to dispute against your power in defiance of the Parliament it is very high and a great contempt He did also declare that the day before the King was pleased to put in a demurrer which was over ruled by the Court And the Jurisdiction of the Court not to be disipated I doe now desire the Court to proceed to justice against him And that if a Prisoner will not put in his Answer it is to be taken pro confesso it hath beene done by Decrees But this Court hath hitherto shewed him favour in delaying to proceede to sentence As for the proofe of the Charge against him there is enough upon Record by the Parliament And yet if that will not satisfie they have many witnesses to make it good And therefore the Solicitor generall did humbly move and not only himselfe but much innocent blood that hath been spilt that justice may be speedily done upon him Then the Lord Presedent told the King that he had heard what was sayd and moved declaring his condition and what hath been done and required of the King that yet he would give obedience to the Court and acknowledge the House in them or from the Supreame Court from which they have their Authority that if he would yet answer he might be heard But that the Court if he did proceede in his obstinacy would proceed to justice against him And the● thay did then expect a possitive Answer That in plaine English the Court expected that he should answer to the charge against him either guilty or not guilty The King then made a narrative of the Treaty which he saith was so neere concluded from which he was taken away and brought prisoner hither That he is charged with the breach of his Treaty for proceeding contrary to Law And yet that he is pressed to put in his Answer to this Court whose Authority he approves not That he cannot submit to it saying that it was a new way contrary to the Lawes of the kingdome And the King sayd that that was the thing he stood upon but as for the charge to answer it he did not weigh it of a rush And he despised the Authority of the Court againe The Lord President told the king that he was answered to other things of that nature the last day But he went on and would not acknowledge the jurisdicton of the Court then But that the Court did now expect his possitive answer to the charge declaring to the king that he was not to issue out to any other dispute untill he had first given in his possitive answer to the charge And he did further declare to the king that these were the final commands of the Court who did require his positive answer now The king then spake again pleading his relation to the people of England whom he was set to rule over And that it was hard for him that is their king to bee made exemplary or in such a case to acknowledge the power of that Court to try him which he knew no president for to make him examplary And that he did not know how to doe it and urged further the liberties of the People and the ancient Lawes of the Kingdom And that if they would give him time which he pleaded for he would shew them reasons why he did it And then argued his being a prisoner and the ingagement of the publicke faith of the Kingdom in which he went very high But the Lord President told the King that he must interrupt him and that that language was ill taken The King desired to be heard on in what he was saying The Lord president told him that he must heare the Court who require his possitive Answer And that they doe not crave it of him but require it Then the Clerk read a paper to the King as followeth Charles Stuart King of England you are here accused in the behalfe of the people of England of high treason and other high crimes The Court doe require you to give in your possitive answer to the same To this the King argued that hee had done nothing against the priviledges of the Kingdome And that he was not satisfied of their authority to require this of him And that his intentions was always good to the Kingdome The Lord President answered the King That he had been three times before them And still in opposition to the Court. And as for his intentions hee hath shewed them the Lord President told him by his actions that he had written them in bloody characters Then the King would have gon on pleading against the authority of the Court and would not give any satisfaction by giving an answer to his Charge as was desired Therefore the Lord President told the King that he was not to be heard further therein And declared to the King how he had stood in contempt against the power of the Court And that the Court will not bee so affronted That they will proceed according to Justice and not regard the person of any And so the Lord President did further declare also that hee should finde that hee is before a Court of Justice Then the King was commanded to be taken away After which Proclamation was made Ho yes c. All manner of persons that now have appeared and have further to do in this Court are to depart hence to the Painted Chamber to which place this Court doth adjourne and intends to adjourn it selfe to this place to morrow morning After which the Cryer by order concluded saying God blesse the Kingdome of ENGLAND Instructions intercepted from Scotland to their Commissioners now in England 1. TO use in your Applications the salve mentioned in your Letter that it seeme not to import the approbation of any violence used against the Parliament or any Member thereof 2 That you have your Addresses to such Lords and Commons as are our friends and well affected and the honest Party 3. That your Applications be so concise that they give no occasion of offence 4. That nothing proceed from you justifying the Kings proceedings 5. Nothing in approbation of the late Engagement 6. Nothing which may import a breach or give or be a ground of new War 7. That they would delay to meddle with the Kings Person according to their several promises and Declarations at Newcastle and Holdenby 8. If they proceed and pronounce sentence against the King that you enter your dissent and protest that this Kingdome may be free of the miseries which inevitably will follow thereon without offering in your Reasons that Princes are exempt from Tryall and Justice 9. That none in this Parliament had or hath had any hand in the proceedings of the Army against the King and Members of Parliament 10 If they proceed then to shew the calamities that will follow and how grievous it will be to the Kingdome considering his delivering at Newcastle 12. If the Paper called the Peoples Agreement shall be passed and shall import any thing anent the procesing of the Prince to the changing of the fundamental government of the Kingdome that you enter your dissent 12. That you shall alter these Instructions or manner your trust therein by the advice of our friends there 13 To prosecute your last Instructions anent the Covenant and against Toleration 14 To shew that the Kings last Concessions are insatisfactory to us in point of Religion Imprimatur Jan. 23. 1648. Theodore Jennings FINIS London Printed by Robert Ibbi●son in Smithfield nea● the Queens head Tavern 1648.