A Perfect NARRATIVE Of the whole Proceedings of the High Court of Iustice IN THE Tryal of the King in Westminster Hall on Saturday the 20. and Monday the 22. of this instant January With the several Speeches of the King Lord President and Solicitor General Published by Authority to prevent false and impertinent Relations To these Proceedings of the Tryal of the King I say Imprimatur Gilbert Mabbot London Printed for John Playford and are to be sold at his shop in the Inner Temple Jan. 23. 1648. Reader THere being some impertinent and imperfect Narratives of these two days Proceedings of the High Court of Justice concerning the King spread abroad J have for the greater satisfaction of the Nation in their Proceedings thought fit by leave of Authority to publish this subsequent Relation and Account C. W. A perfect NARRATIVE of the whole PROCEEDINGS OF THE High Court of Iustice in the Tryal of the King in West-minister Hall Saturday Jan. 20. 1648. AT the high Court of Justice sitting in the great Hall at Westminster Sergeant Bradshaw Lord Predsient about 70. Members present O yes made Silence commanded The Act of the Commons in Parliment for the Tryal of the King was read after the Court was called and each Member rising up as he was called The King came into the Court with his Hat on the Sergeant usher'd him in with the Mace Col. Hacker and about thirty Officers and Gentlemen more came as his Guard Lord President Charles Stuart King of England the Commons of England assembled in Parliament being sensible of the great Calamities that have been brought upon this Nation and of the innocent Blood that hath been shed in this Nation which are referred to you as the Author of it and according to that duty which they owe to God to the Nation and to themselves and according to that Power and Fundamental Trust that is reposed in them by the People have constituted this high Court of Justice before which you are now brought and you are to hear your Charge upon which the Court will proceed Mr Cook Solicitor General My Lord in behalf of the Commons of England and of all the people thereof I do accuse Charls Stuart here present of high Treason and high Misdemeanors and I do in the name of the Commons of England desire the Charge may be read unto him The King Hold a little Lord President Sir the Court commands the Charge to be read if you have any thing to say afterwards you may be heard The Charge read The King smiled often during the time especially at these words Tyrant Traytor Murtherer and Publique Enemy of the Common wealth Lord President Sir you have now heard your Charge read containing such matter as appears in it you finde 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 The 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 then I think is fit at this time for me to speak of but there I entered into a Treaty with both Houses of Parliament with as much publique faith as its 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 a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Theeves and Robbers by the high ways but I would know by what Authority I was brought from thence and carryed from place to place and I know not what and when I know what lawful Authority I shal 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 The King No Sir I deny that Lord President If you acknowledg not the Authority of the Court they must proceed The King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for neer these thousand years therefore let me know by what Authority I am called hither I do stand more for the Liberty of my people then any here that come to be my pretended Judges and therefore let the 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 The King Here is a Gentleman Lieut. Col. 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 Priviledge 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 publique faith of the world Let me see a legal Authority warranted by the Wold 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 inthe 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. The 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 you shall do well to satisfie first GOD and then the Country by what Authority you do it if you do it by a usurped Authority you
therefore if I should impose a beliefe 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 yeeld 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 Kingdome and they are these that have given to that Law according to which you should have rulid 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 The King I doe 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 legall and I doe demand that and demand to be heard with my Reasons if you deny that you deny Reason Lord President Sir you have offer'd something to the Court I shall speak somthing unto you the sence of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurre 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 The King I deny that shew me one president 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 affir me their owne Jurisdiction The King I say Sir by your favor 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 Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of high Treason and other high Crimes the Court have determined that you ought to answer the same The King I will answer the same so soone as I know by what authority you do this Lord President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back againe The King I doe require that I may give in my Reasons why I do not answer and give me time for that Lord President Sir 'T is not for Prisoners to require The King Prisoners Sir I am not an ordinary Prisoner Lord President The Court hath considered of their jurisdiction and they have already affirm'd their jurisdiction if you will not answer we shall give order to record your default The King You never heard my Reason yet Lord President Sir Your Reasons are not to bee heard against the highest Jurisdiction The 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 finall determination The King Shew me where ever the House of Commons was a Court of Judicature of that kind Lord President Sergeant Take away the Prisoner The King Well Sir Remember that the King is not suffer'd to give in his Reasons for the Liberty and Freedome of all his Subjects Lord President Sir You are not to have liberty to use his language How great a friend you have been to the Lawes and Liberties of the People let all England and the world judge The King Sir under favour it was the Liberty Freedome and Lawes of the subject that ever I took defended my selfe with Armes I never took up Armes against the People but for the Lawes Lord President The Command of the Court must be obeyed no answer will be given to the Charge The King Well Sir And so was guarded forth to Sir Robert Cottons house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock and from thence they intend to adjourne to Westminster Hall at which time all persons concerned are to give their attendance FINIS
cannot answer it There is a GOD in Heaven that will call you and all that give you power to account Satisfie 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 a great sin to withstand lawful Authority as it is to submit to a Tyrannical or any other ways unsawful Authority and therefore satisfie 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 till Monday next if you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon Gods Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work The King For answer let me tell you You have shewn no lawful Authority to satisfie any reasonable man Lord President That is in your apprehension we are satisfied that are your Judges The King T is not my apprehension nor yours neither that ought to decide it Lord President The Court hath heard you and you are to be desposed of as they have commanded The Court adjourns to the painted Chamber on Monday at 10. 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 said I do not fear that meaning the sword The people in the Hall as he went down the stairs cryed out some God save the King and most for Justice At the high Court of Justice sitting in Westminster Hall Munday January 22. 1648. O Yes made Silence commanded The Court call'd and answer'd to their names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings 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 into this Court a Charge of high Treason and other high Crimes against the Prisoner at the Barre 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 dleased 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 postive Answer either by way of Confession or Negation which if he shall refuse to do That the matter of 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 Realme 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 not by what authority you were brought hither you did divers times propound your Questions and were as often answer'd 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 capitall Misdemeanours wherewith you were then charg'd Since that the Court hath taken into Consideration what you then said they are fully satisfied with their owne 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 confesse or deny it if you deny it is offer'd in the behalfe of the Kingdome to be made good against you their authority they do avow to the whole world that the whole Kingdome 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 The King When I was here last 't is very true I made that Question and truly if it were onely my owne particular case I would have satisfied my selfe with the Protestation I made the last time I was here against the legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the freedome 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 Lawes may alter the fundamentall Lawes of the Kingdome I do not know what subject he is in England that can be sure of his life or any thing that he calls his owne 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 prov'd the Negative often is very hard to do but since I cannot perswade 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 doe 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 punctuall and direct answer whether you will answer your Charge or no and what your answer is The King Sir by your favour I doe not know the forms of Law I doe know Law and Reason though I am no Lawyer profess'd 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 then you doe and