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A74819 A continuation of the narrative being the last and final dayes proceedings of the High Court of Iustice sitting in Westminster Hall on Saturday, Jan. 27. concerning the tryal of the King; with the severall speeches of the King, Lord President, & Solicitor General. Together with a copy of the sentence of death upon Charls Stuart king of England. Published by authority to prevent false and impertinent relations. To these proceedings of the tryall of the King, I say, Imprimatur, Gilbert Mabbot. 1649 (1649) Thomason E540_14; Thomason E541_21; ESTC R207223 6,335 15

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A Continuation of the NARRATIVE BEING The last and final dayes Proceedings OF THE High Court of Iustice Sitting in Westminster Hall on Saturday Jan. 27. Concerning the Tryal of the King With the severall Speeches of the King Lord President Solicitor General Together with a Copy of the Sentence of Death upon CHARLS STUART King of ngland Published by Authority to prevent false and impertinent Relations TO these Proceedings of the Tryall of the King I say GILBERT MABBOT Imprimatur London Printed for John Playford and are to be sold at his shop in the Inner Temple Jan. 29. 1648. THE PROCEEDINGS OF THE High Court of Iustice Sitting at Westminster-Hall Saturday January 27. 1648. O Yes made Silence commanded The Court called First The Lord President who was in a Scarlet Veflure be fitting the business of the day After him 67. Members more answered to their names The King came in in his wonted posture with his Hat on A Cry made in the Hall as he passed to the Court for Justice and Execution O Yes made And Silence commanded The Captain of the Guard commanded to take into custody such as made any disturbance Upon the Kings coming he desired to be heard To which the Lord President answered That it might be in time but that he must hear the Court first The King prest it for that he beleeved it would be in Order to what the Court would say and that an hasty Judgment was not so soon recalled Then the Lord President spake as followeth Gentlemen It is well known to all or most of you here present that the Prisoner at the Bar hath been several times convented and brought before this Court to make answer to a Charge of Treason and other high Crimes exhibited against him in the name of the People of * Here a Malignant Lady interrupted the C●urt saying not half the People but she was soon silenced England To which Charge being required to answer he hath been so far from obeying the Commands of the Court by submitting to their Iustice as he began to take upon him reasoning and debate unto the Authority of the Court and to the highest Court that appointed them and to try and to judg him but being over-ruled in that and required to make his Answer he was still pleased to continue Contumelious and to refuse to submit to answer hereupon the Court that they may not be wanting to themselves nor the Trust reposed in them nor that any mans wilfulness prevent Justice they have thought fit to take the matter into their Consideration they have considered of the Charge they have considered of the Contumacy and of that confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be pronounced against this Prisoner but in respect he doth desire to be heard before the Sentence be read and pronouncd the Court hath resolved that they wil hear him Yet Sir Thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to saybe to offer any debate concerning the Jurisdiction you are not to be heard in it you have offered it formerly and you have struck at the Root that is the Power and the supream Authority of the Commons of England which this Court will nor admit a Debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir If you have any thing to say in defence of your self concerning the matter charged the Court hath given me in command to let you know they will hear you Then the King answered Since that I see you will not hear any thing of Debate concerning that which I confess I thought most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it but only I must tell you that this many a day all things have been taken away from me but that that I call dearer to me then my life which is my Conscience and my Honor and if I had a respect to my life more then the Peace of the Kingdom the Liberty of the Subject certainly I should have made a particular Defence for my self for by that at leastwise I might have delayed an ugly Sentence which I beleeve will pass upon me therefore certainly Sir as a man that hath some understanding some knowledg of the world if that my true zeal to my Country had not overborn the care that I have for my own Preservation I should have gone another way to work then that I have done Now Sir I conceive that an hasty Sentance once past may sooner be repented of then recalled and truly the self same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more then my own particular ends makes me now at last desire That I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudicial unto you whatsoever I say if that I say no Reason those that hear me must be Judges I cannot be Judg of that that I have if it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on 't it is very well worth the hearing therefore I do conjure you as you love that that you pretend I hope its real the Liberty of the Subject the Peace of the Kingdom that you will grant me this hearing before any Sentence be past I only desire this That you will take this into your consideration it may be you have not heard of it beforehand if you will I will retire and you may think of it but if I cannot get this Liberty I do protest That these fair shews of Liberty and Peace are pure shews and that you will not hear your King The Lord President said That what the King had said was a declining of the Jurisdiction of the Court which was the thing wherein he was limited before The King urged That what he had to say was not a declining of the Court but for the Peace of the Kingdom and liberty of the Subject Lord President Sir This is not altogether new that you have moved unto us though it is the first time that in person you have offered it to the Court And afterwards That though what he had urged might seem to tend to delays yet according to that which the King seemed to desire the Court would withdraw for a time and he should hear their pleasure Then the Court withdrawing into the Court of Wards The Sergeant at Arms had command to withdraw the Prisoner and to give Order for his Return again The Court after
about half an hours debate returned from the Court of Wards Chamber And the King being sent for the Lord President spake to this effect Sir You were pleased to make a motion here to the Court touching the propounding of somewhat to he Lords and Commons in the painted Chamber for he Peace of the Kingdom you did in effect receive in answer before their adjourning being pr●●orma tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you have moved and of their own Authority The Return from the Court is this That they have been too much delayed by you already and they are Judges appointed by the highest Authority and Judges are no more to delay then they are to deny Justice they are good words in the great old Charter of England Nulli negabimus nulli condemus et nulli deferremus justitiam But everyman observs you have delay'd them in your Contempt and Default for which they might long since have proceeded to Judgment against you and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment and that 's their unanimous Resolution King Sir I know it is in vain for me for to dispute I am no Seperick for to deny the power that you have I know that you have power enough Sir I must confesse I think it would have been for the Kingdomes peace if you would have taken the paines for to have showne the lawfulnesse of your Power for this delay that I have desired I confesse it is a delay but it is a delay very important for the Peace of the Kingdome for it is not my person that I look at alone it is the Kingdomes welfare and the Kingdomes peace it is an old sentence That we should think on long before we have resolv'd of great matters suddainly therefore Sir I do say again that I do put at your doores all the inconveniency of a hasty sentence I confesse I have been here now I think this week this day 8. daies was the day I came here first but a little delay of a day or two further may give peace whereas an hasty Judgement may bring on that trouble and perpetuall inconveniency to the Kingdome that the child that is unborne may repent it and therefore againe out of the duty I owe to God and to my Country I do desire that I may be heard by the Lords and Commons in the painted Chamber or any other Chamber that you will appoint me The President replyed that what he desired was no more then what he had moved before and therefore the Court expected to heare what he would say before they proceeded to sentence King This I say That if you will heare me I do not doubt to give satisfaction to you and to my people and therefore I do require you as you will answer it at the dreadfull Day of Judgement that you will consider it once againe President The Court will proceed to sentence if you have no more to say King Sir I have nothing more to say but I shall desire that this may be entred what I have said The Lord President then proceeded to declare the grounds of the sentence That the Court were resolved to discharge their duty that he had spoken of a precious thing cal'd Peace and it were to be wish't that God had put it into his heart that he had effectually and really indeavoured and studied the Peace of the Kingdome as now in words he seem'd to pretend That it appeared to the Court that he had gone upon very erroneous principles the Kingdome had felt it to their smart that the Court was very sensible of it and so he hoped the understanding People of England would be That the Law was his Superiour and that he ought to have ruled according to the Law the difference was who should be the Expositors of the Law whether he and his party out of the Courts of Justice or the Courts of Justice nay the Soveraigne and high Court of Justice the Parliament of England that is not only the highest expounder of the Law but the sole maker of the Law and that for him and those that adhered to him to set themselves against it was not Law That what some of his owne Party had said Rex non habet parem in regno was granted but though he was major singulis yet he was universis minor That the Barons of old when the Kings playd the Tyrants called them to account that they did frenum ponere that if they did forbeare to doe their duty now and were not so mindfull of their owne Honour and the Kingdomes as the Barons of old were certainly the Commonalty of England would not be unmindfull of what was for their preservation and their safety That if the King went contrary to that end he must understand that he is but an Officer in trust and they to take order for the punishment of such an offending Governour That this is not a Law of Yesterday upon the division of Him and his People but of old and that the Kings Oath implied as much and where the People could not have any other remedy the Parliament were to do it who were ordained to redresse the grievances of the People The Parliaments were to be kept we finde in old Authors twice in the year that the Subject might upon any occasion have a ready remedy That his designe had beene to destroy Parliaments and that when they would not ingage against his native Kingdom of Scotland he dissolv'd the Parliament That as Caligula the great Roman Tyrant wisht the People of Rome had but one neck that at one blow hee might cut it off and this Kings proceedings had beene somwhat like his For the Body of the People of England is no where represented but in Parliament and could Hee but have confounded that hee would soone have cut off the Head and Neck of England That it was no new thing to cite Presidents where the people when power was in their hands have made bold to call their Kings to account that it would be too long a time to mention either France Spaine the Emperour or other Countreyes but he instanc'd in the Kingdome of Aragon where there was a man Tanquam in medio positus betwixt the King and the people and he is acknowledged to be the Kings Superiour and is the grand preserver of the peoples Priviledges and what the Tribunes of Rome were heretofort and the Ephori to the Lacedemonian State that was the Parliament of England to the English State that he needed not to mention those foraigne stories if he look'd but over Twede there was enough in his native Kingdome of Scotland if they look'd upon their first King Terg●sius who left two sons in their minority and the older seeming disaffected to their peace and opposing his Uncle who ruled well they chose the younger that of 109. Kings of
Scotland he need not make mention how many of them the people had made bold to deale withall some to banish and some to imprison and some to put to death no Kingdome had more plentifull experience then that Kingdome hath or the deposition and punishment of their offending and transgressing Kings And not to go farre for example the Kings Crand●●mother set aside and his Father an Infant crowned And there wants not examples here in England both before and since the Conquest as King Edward the second and Richard the second were so dealt with by the Parliament and whosoever looks into their stories should not find the Articles that are charg'd upon them to come neare to that heigth and capitalnesse of crimes that were laid to his Charge and for succession by inheritance it was plaine from the Conquest that of 24. Kings one halfe of them came in by the State That the Oath at his Coronation did shew there was a contract and bargain made by the people After the Lord President had cited many things to this purpose in relation to the power of Kings and their being called to account for breach of Trust and expressed in what sence this present King had been guilty according to his Charge of being a Tyrant Traytor Murtherer and publike Enemy to the Common-wealth He further declared in the name of the Court That they did heartily wish that hee would be so penitent for what hee had done amisse that GOD might have mercy at leastwise upon his better part for the other it was their duty to do it and to doe that which the Law prescribes they were not there jus dare but jus dicere that they could not but remember what the Scripture said For to acquit the guilty it is equall ●●homination as to condemne the innocent we may not acquit the guilty what sentence the Law affirmes to a Traytor a Tyrant a Murtherer and a publike Enemy to the Countrey that sentence he was to hear read unto him Then the Clerke read the sentence drawn up in parchment That whereas the Commons of England in Parliament had appointed them an high Court of Justice for the trying of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of high Treason and other crimes and misdemeanours was read in the behalf of the kingdome of England c. Here the Clark read the Charge Which Charge being read unto him as aforesaid he the said Charles Stuart was required to give his Answer but he refused so to do and so exprest the severall passages at his Triall in refusing to answer For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publike Enemy shall be put to death by the severing of his Head from his Body After the sentence read the Lord President said This sentence now read and published it is the act sentence judgement and resolution of the whole Court here the Court stood up as assenting to what the President said King Will you heare me a word Sir Lord President Sir you are not to be heard after the sentence King No Sir Lord President No Sir by your favour Sir Guard with-draw your Prisoner King I may speake after the sentence By your favour Sir I may speak after the sentence ever By your favour hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes All manner of persons that have any thing else to do are to depart at this time and to give their attendance in the painted Chamber to which place this Court doth forthwith adjourne it selfe Then the Court rose and the King went with his Guard to Sir Robert Cottons and from thence to Whitehall FINIS