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A80129 Collections of notes taken at the Kings Tryall, at Westminster Hall, on Saturday last, Janua. 27. 1648. VVith the sentence denounced against the King who is condemned to be beheaded. 1649 (1649) Wing C5220; Thomason E540_9; ESTC R205755 3,554 8

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Collections of Notes Taken it the KINGS Tryall at VVestminster Hall On Saturday last Janua 27. 1648. VVith the sentence Denounced against the KING who is condemned to be Beheaded PRoclamation was made the Court set and called 70 Commissioners then present The Hall doore was commanded to bee setopen And the Serjeant at Armes was sent to appoint them to bring away the King to the Barre At the kings comming to the Bar the Souldiers and also the people many of them cryed out Execution execution execution Proclamation made and silence commanded The Lord President began to make a speech But the king offered to interrupt him by pressing that he might be heard first The Lord President told him that hee might bee heard in his time The king asked whither he should be heard before Judgement was denounced the Lord President told him that hee should have liberty to speake before the sentence was pronounced And thereupon the king did forbeare The Lord President proceeded to his Speech by which he declared before the Court That they knew that the prisoner had been often at the Bar before the Court And a charge brought in against him but that he had still been so far from putting in his Answer that he disputed their authority and demurred to the jurisdiction of the Court authorized by the highest Court in the kingdome that the Court over-ruled the demurrer That yet notwithstanding he continued willfull and in contumacy against the power of the Court the highest Court of justice That the Charge against him and his contumacy to the Court was considered upon and the power of the Law against such offences as are charged against him But yet if he have somewhat to say the Court will heare him if he desire it But if it be to dispute the power of the Court that was not to be suffered for therein he strucke at the root of all power the power where it lies originally the power of the supreame Court the Commons of England in Parliament assembled which the Court can by no meanes permit Yet that if he would speak any thing to the matter contained in the Charge he should be heard concerning what he had to say as to that Then the King spake pressing to be heard in some things that he had to offer which he sayd was most materiall to the peace of the kingdome and good of his people pressing also his owne honour and conscience And that though in those respects he might have delayed to have had sentence passed upon him yet hee desired that they would hear his motives And said that an hasty sentence passed may sooner be repealed then recalled And that which the King now moved for was that before sentence was denounced he might be heard in the Painted Chamber before the Lords and Commons pressing hard that this might bee granted saying that it might be that they had not thought of such a thing before And he used divers arguments to perswade them to consider of this his motion The Lord President told the King that this was still a further declining of the Authority of this Court The King answered the Lord President That it was no declining of the Court only that hee had something to offer the Lords and Commons for the peace of the Kingdome The Lord President asked the King if hee did not decline the Court. The King said not in that which he had said And pressed that the Court would heare their King what he had to say The Lord President told the King that the Court hath waited 3 Courts before this to heare him with great patience and that he might in Answer to his Charge have said what hee had pleased But that he disputed the power of the Court and disowned them Though he was acquainted that it was founded upon the authority of the Commons of England in Parliament assembled The supreame power of the Kingdome and that now again he appealed to another Jurisdiction And that these things still savour of delayes But that yet this Court would withdraw before the pronouncing of sentence to consider of what had passed The King asked whether he should withdraw The Lord President answered that hee should know the pleasure of the Court presently Then Proclamation was made to declar● that the Court did adjourn itself for half an houre into the Court of Wards But before they withdrew command was given to the Serjeant at Armes that the prisoner withdraw And so the King withdrew and as he was going down the Souldiers and the People cryed Execution execution The Court then withdrew into the Court of Wards for halfe an houre and then returned Proclamation was made And the King again sent for and brought to the Bar. The people cryed out again Execution Execution The Lord President then spak declaring that upon the Kings desire they had adjourned to consider of what hee had then said to the Court. That it hath been declared by what authority they have power that they have it by an Act of the Commons of England in Parliament Assembled from them they have their Commission That the Court hath considered what he had moved and find nothing but further delaies And that they had considered of his defaults and were unanimously resolved that sentence and judgement should be pronounced The King still pressed as he had done before and that it was out of his good Intentions which he owes to his people and urged much to be heard by the Lords and Commons in the painted Chamber concerning what he had to propound concerning the Kingdome The Lord President declared that the Court had considered fully of what he had said in that but that added nothing at all relating to the charge to which he was to answer and then the Lord President told the King that the Court did desire to know of him whether he had any thing more to say for himselfe why sentence should not be denounced against him The King still pressed to his former desires The Lord President told him that it was in vain to reinforce these things again for the Court had considered fully thereof and declared their Resolutions and it was required whether he had any thing else to say Then the Lord President made a most excellent Speech in which he gave very great satisfaction as to the whole businesse to all that heard him That the Court had something further to say to him That he a few daies since spake well of deferring the Peace of the Kingdome but that his actions have been quite contrary that he hath gone upon very erronious principles with his party and that they had let fall such language as this That for whatsoever he had done he was to give account to none but God and that he was superiour to the Law and whereas he should have laboured to protect the Laws of the land that the King would probably answer that so he had done but who shall judge that That he and his party such and such persons that had gone away from the Courts of Law and from the Parliament they were not fit to be Iudges of the Parliament the highest Court of the Kingdome The Commons of England in Parliament assembled And that as the Law is above the King so there is something above the Law the people of England all Laws are for their peace and safety That they gave Laws to their Governours That it is true as the King is King he is above one private Subject and hath no Peere but before a Court of Justice there he is in comparison with the Court the lesser That if the King be without a bridle they are to bridle Him The Lord President instanced the Barons VVarres that then they would not suffer Kings to be Tirants And that if they now will neglect what the Barons of old did so carefully looke to that they will not be negligent of their duty The Electors of a King is to have justice executed he is but an Officer intrusted by the people And if he go away from that they may call him to account for it Parliaments were to adjudge concerning wrongs done by the King Queene and their children when they could not have releefe elsewhere the case of the people of England now have been the same and where should the Kingdome be relieved better then by the Parliament and what wrong he had done to the people sad experience witnessed That he said a few daies since he knew the Lawes as well as most Gentlemen That hee that knew his Masters will and did it not deserved the mor● stripes And some examples given King Edw. 3. and others he declared also concerning the Kings actions to force Parliaments and of Parliaments and what meanes he hath used to crush this Parliament the great bulwarke of the peoples safety to teare it up that so the Subjects liberties might be destroyed Then the Lord President gave presidents of divers Tyrants that have suffred for their Tyranny though one wished that the people of Rome had but one nee● that he might cut them all off at once France Spaine Aragon Rome the Ephory of Lacidemonia Scotland nay the Kings Grandmother and so in England many presidents both in the limes of the Saxons and since the conquest many examples have been quoted That though Kings have title by inheritance yet they are conformed by the people and by the Kings Tyranny they are loosed Then the Lord President declared wherein the King had been a Tyrant Traytor and murderer and what God hath commanded to be writen concerning a murderer Gen. 9. and Numb 35. and pressed the king in a sweet manner to repent of his sinnes And he also declared the resolution of the Court to go on in the worke of the Lord against all opposition though they should perish in it And the Sentence was denounced against the king The Sentence denounced against the King was That the said Charles Stuart King of England shall be put to death by having hi● head cut off from his Body FINIS Jannu 27. 1648. Imprimatur Theodore Jermings LONDON Printed by Robert Ibbitson 1649.