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A52526 An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity. Nottingham, Heneage Finch, Earl of, 1621-1682. 1679 (1679) Wing N1404; ESTC R17120 239,655 332

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be directed to answer and if he refused That the matter of the Charge be taken pro confesso And the King not owning their Authority was remanded Fol. 58. Westminster-Hall Tuesday the 23d Afternoon The King not owning their Authority was remanded and the Court Adjourned to the Painted-Chamber And there Resolved They would examine Witnesses Fol. 61. Painted-Chamber Wednesday the 24th was spent in examining their Witnesses Fol. 66. Painted-Chamber Thursday the 25th Afternoon They examined more Witnesses They Resolved to proceed to Sentence of Condemnation against the King And that this Condemnation be for being Tyrant Traytor and Murtherer and Publick Enemy to the Commonwealth And that the Condemnation extend to Death Fol. 68. And Ordered That a Sentence grounded upon these Votes be prepared by Scot Marten Harrison and others Painted-Chamber Friday the 26 th The draught of the Sentence Reported and agreed And Resolved That the King be brought the next day to Westminster-Hall to receive it Fol 96. Painted-Chamber Saturday the 27 th Fore-noon The Sentence being engrossed Resolved The same should be the Sentence which should be read and published in Westminster-Hall the same day That the President should not permit the King to speak after Sentence That after the Sentence read he should declare it to be the Sence and Judgment of the Court. That the Commissioners should thereupon signifie their Consent by standing up And the same day the Commons Ordered the Clerk to bring in the Records of that Judgment to the House Journal of the House Westminster-Hall the same Day After-noon The King being brought in and not owning their Authority the Sentence was read And upon the Declaration of the President That it was the Judgment of the Court they stood up and Owned it and Adjourned to the Painted-Chamber And there appointed Waller and others to consider of the Time and Place for Execution Painted-Chamber Monday the 29 th Upon the report of the Committee Ordered A Warrant be drawn for executing the King in the open Street before White-Hall the next day directed to Hacker and others which was done accordingly Fol. 116. 31. January 1648. Ordered by the Commons That the Lord Grey out of Haberdashers-Hall to difpose of 100 l. for the Service of the Common-wealth 2. February 1648. They Ordered in the first place to take into Consideration and Debate the House of Lords for settlement of the Government 6. February 1648. The House being seventy three And the Question put Whether that House should take the Advice of the House of Lords in the exercise of the Legislative Power The House was divided and it carried in the Negative by fifteen Voices And then Resolved That the House of Peers was useless and dangerous and ought to be abolished And Ordered an Act to be brought in for that purpose 7. February 1648. The Declared That the Office of a King in this Nation and to have Power thereof in a Single Person was unnecessary burthensom and dangerous to the Liberty Safety and publick interest of the People and therefore ought to be abolished 9. February 1648. They Ordered The Narrative of the Proceeding and Records for Tryal of the King to be forthwith brought into this House 16. February 1648. They Ordered That the Clerk of that High Court of Justice be desired to bring in those Proceedings to their House the next Day March 1648. Sir Arthur Hasilrig Reports from the Committee that Charls and James Stewart Sons of the late King should dye without Mercy wheresoever they should be found 12. December 1650. Mr. Say Reported the Proceedings of their High-Court against the King contained in a Book entituled A Journal c. which was read at large by their Clerk He likewise presented from that Court the Act for Tryal of the King and the Precept for holding the Court. The Charge was exhibited the twentieth And The Sentence Read the twenty seventh of January 1648. And thereupon they Declared That the Persons entrusted in that great Service had discharged their Trust with great Courage and Fidelity That the Parliament was well satisfied in that Accompt of the Particulars and Proceedings And Ordered That the same Records do remain among the Records of Parliament That those Proceedings be Engrossed in a Roll and Recorded among the Parliament-Rolls for transmitting the Memory thereof to Posterity And Resolved That their Commissioners for their Great Seal issue a Certiorari to their Clerk to transmit those Proceedings into the Chancery there to be on Record And that the same be sent by Mittimus from thence to other Courts at Westminster and Custos Rotulorum of the Counties to be Recorded In the County Middlesex The Proceedings at Hicks Hall Tuesday the 9th of October 1660. in order to the Tryal of the pretended Judges of his late Sacred Majesty THe Court being sate the Commission of Oyer and Terminer under the Great Seal of England was first read It was directed to the Lords and others hereafter named viz. Thomas Aleyn Knight and Baronet Lord Mayor of the City of London The Lord Chancellor of England The Earl of South-hampton Lord Treasurer of England The Duke of Somerset The Duke of Albemarle The Marquess of Ormond Steward of his Majesties Houshold The Earl of Lindsey Great Chamberlain of England The Earl of Manchester Chamberlain of his Majesties Houshold The Earl of Dorset The Earl of Berkshire The Earl of Sandwich Viscount Say and Seal The Lord Roberts The Lord Finch Denzil Hollis Esquire Sir Frederick Cornwallis Knight and Baronet Treasurer of His Majesties Houshold Sir Charles Barkly Knight Comptrouler of His Majesties Houshold Mr. Secretary Nicholas Mr. Secretary Morris Sir Anthony Ashley-Cooper Arthur Annesley Esquire The Lord Chief Baron Mr. Justice Foster Mr. Justice Mallet Mr. Justice Hide Mr. Baron Atkins Mr. Justice Twisden Mr. Justice Tyrrel Mr. Baron Turner Sir Harbottle Grimston Knight and Baronet Sir William Wild Knight and Baronet Recorder of London Mr. Serjeant Brown Mr. Serjeant Hale John Howel Esquire Sir Geoffry Palmer His Majestie 's Attorny General Sir Heneage Finch His Majestie 's Solicitor General Sir Edward Turner Attorney to His Highness the Duke of York Wadham Windham Esquire Edward Shelton Esquire Clerk of the Crown The Grand Jury Sworn were Sir William Darcy Baronet Foreman Sir Robert Bolles Baronet Sir Edward Ford Knight Sir Thomas Prestwick Sir William Coney Knight Sir Charles Sidley Baronet Sir Lewis Kirk Knight Sir Henry Littleton Baronet Sir Ralph Bovey Baronet Edward Chard Esquire Robert Giggon Esquire John Fotherly Esquire Charles Gibbons Esquire Thomas Geree Esquire Richard Cox Esquire Robert Bladwell Esquire Henry Mustian Esquire John Markham Esquire Edward Buckley Gent. Francis Bourchier Gent. Edward Lole Hart Cryer After Proclamation for silence was made it pleased Sir Orlando-Bridgman Lord Chief Baron of His Majestie 's High Court of Exchequer to speak to the Jury as followeth The Lord Chief Baron's Speech Gentlemen YOu are the Grand Inquest for the Body of this County of Middlesex You may
demand that wicked Judgment before the Court pronounced it and he was the man that did against his own Conscience after he had acknowledged that he was a wise and gracious King yet says he That he must dye and Monarchy with him there in truth was the Treason and the cause of that fatal blow that fell upon the King This was his part to carry on how he did it as a wicked Counsellor we shall prove to you and the wages and reward of the Iniquity that he did receive James Nutley Sworn Councel Pray tell the Circumstances of the Prisoners Proceedings at Westminster Hall when he did exhibite a Charge against the King Mr. Nutley My Lords the first day of bringing his Majesty to his Tryal was Saturday Jan. 20. 1648. Before they sate in publick they that were of the Committee of that which they called the High Court of Justice did meet in the Painted Chamber which was in the forenoon of that day Being there I did observe that there was one Price a Scrivener that was writing of a Charge I stood at a great distance and saw him write and I saw this Gentleman the Prisoner at the Bar near thereabouts where it was writing I think it was at the Court of Wards This charge afterwards a Parchment writing I did see in the hands of this Gentleman the Prisoner at the Bar. A very little after that they called their names they did adjourn from the Painted Chamber into Westminster Hall the great Hall The Method that they observed the first thing was to call the Commissioners by name in the Act the pretended Act for trying the King was read that is when the Court was sat the Commissioners were called by their names and as I remember they stood up as their names were called The next thing was reading the Act for the trying of his late Majesty After that was read then this Gentleman the Prisoner at the Bar presented the Parchment Writing which was called the Impeachment or Charge against his Majesty Mr. Bradshaw was then President of that Court and so called Lord President he commanded that the Prisoner should be sent for saying Serjeant Dendy send for your Prisoner thereupon the King was brought up as a Prisoner and put within a Bar And when the Court was silenced and settled this Gentleman the Prisoner at the Bar did deliver the Charge the Impeachment to the Court and it was read The King was demanded to plead to it presently Here I should first tell you that upon the Kings first coming in there was a kind of a Speech made by Mr. Bradshaw to the King in this manner I ●hink I shall repeat the very words Charles Stuart King of England the Commons of England assembled in Parliament taking notice of the effusion of blood in the Land which is fixed on you as the Author of it and whereof you are guilty have resolved to bring you to a tryal and Judgment and for this cause this Tribunal is erected There was little reverence given to his Majesty then which I was troubled at he added this further That there was a charge to be exhibited against him by the Solicitor General I think this Gentleman was so called at that time and he called to him to exhibit the Charge and this Gentleman the Prisoner at the Bar did deliver an Impeachment a Parchment writing which was called a Charge against the King at that time which was received and read against him Coun. Did you ever see the Charge which was now shewn to Mr. Nutley Mr. Nut. My Lords I do believe that this is the very Charge I am confident it is the same writing I have often seen him write and by the Character of his hand this is the same Council Go on with your story Mr. Nut. My Lords immediately upon the delivery of this Charge of Impeachment which was delivered in the Kings presence after it was read the King was demanded to give an answer to it His Majesty desired to speak something before he did answer to the pretended Impeachment for so his Majesty was pleased to call it He did use words to this purpose saith he I do wonder for what cause you do convene me here before you he looked about him saith he I see no Lords here where are the Lords upon this Mr. Bradshaw the President for so he was called did interrupt his Majesty and told him Sir saith he you must attend the business of the Court to that purpose you are brought hither and you must give a positive answer to the Charge saith the King you will hear me to speak I have something to say before I answer after much ado he was permitted to go on in the discourse he was in so far as they pleased His Majesty said I was in the Isle of Wight and there I was treated with by divers honourable persons Lords and Commons a treaty of peace between me and my people the treaty was so far proceeded in that it was near a perfection truly saith he I must needs say they treated with me honourably and uprightly and when the business was come almost to an end then saith he was I hurried away from them hither I know not by what Authority now I desire to know by what Authority I was called to this place that is the first question I shall ask you before I answer the charge It was told him by Mr. Bradshaw the President that the Authority that called him hither was a lawful Authority he asked him what Authority it was the second time it was answered him by the President that it was the Authority of the Commons of England assembled in Parliament which he affirmed then to be the Supream Authority of this Nation the King said I do not acknowledge its Authority Authority if taken in the best sense it must be of necessity understood to be lawful therefore I cannot assent to that I am under a Power but not under an Authority and there are many unlawful Powers a Power that is on the high way I think I am under a Power but not under an Authority you cannot judge me by the Laws of the land nor the meanest Subject I wonder you will take the boldness to impeach me your lawful King To this purpose his Majesty was pleased to express himself at that time with more words to that purpose The King went on to further discourse concerning the Jurisdiction of the Court Bradshaw the President was pleased to interrupt him and told him several times that he trifled out the Courts time and they ought not to indure to have their Jurisdiction so much as questioned Court Pray go on Mr. Nutly This Gentleman at the Bar I did hear him demand the Kings answer several times a positive answer was required of the King the K. often desired to be heard and he interrupted him again and again several times and at length it was pray'd that the charge that was exhibited against him
least question the Legality of this Parliament yet my Lords to this particular purpose whether the Parliament that was to except ought not to be a Parliament that was to be called accoring to his Majesties Writ according to the Laws of the Kingdom I humbly conceive it will bear that though His Majesty is pleased to confirm this yet it is not such a Parliament that was to except that I offer to your Lordships My Lords that that I would humbly make hold to put for my self because it is the priviledge of one in my condition is this There is my Lord many Lords the Earl of Essex the Earl of Southampton and others that were adjudged in the 44 of Eliz. 3. institutes they did trayterously and maliciously conspire to take her Majesty Prisoner and to remove her Counsellours from her which were found guilty and suffered accordingly the reason is That because thereby if it had been done they had despoiled her Maje of her Regal Government the case is instant in Philip who was a nominative King that it was not Treason to have attempted any thing against him My Lords his Majesty being a Prisoner without any hand of mine I giving advice according to what was dictated to me to bring him to that tryal whereby he might have been acquitted and so set at liberty I hope that will not be said as instrumental My Lords I humbly shall offer but two words 1. to honourable Court then to the Jury the words of 25 E. 3. and so the exposition of the learned Judges have been from time to time that there shll be no semblable Treasons made by presumptions or strains of wit but those Treasons specified there It is said if a Husband do kill his Wife or a Wife kill her Husband a Master should kill his Servant or the Servant should kill his Master that that shall be petty Treason a Child did kill his Father though that was looked upon as a great sin yet the Judges do not presume that to be Treason because it was not in the very words this being an extraordinary Case to write a thing after another doth not appear there was a malicious heart in him that did write There hath been the Act of Parlia that doth call these Courts Tyrannical and Unlawful Courts but my Lords a Tyrannical and Unlawful Court is a Court de facto though not de jure if a Court be not a just and lawful Court it cannot be said but that it is a Court we say a Thief is a true man though morally he is not so this was a Court Officers attending on them some said they had Authority therefore for one to come and act within his Sphere not to act out of that nor to do any thing but what he had a prescript form appointed him I hope that will not be found to be within the letter of the Law I have been told how true I cannot tell that there have been some votes in the honourable Parliament that those that did only counsel or advise those were not to be looked upon as Traytors I have been told so that those that did only speak as Councel for their Fee who were not the contrivers of it the Parliament did not intend they should be left to be proceeded against Court That Letter that was sent from the Commons to the King at Breda they speak first of the violation that was put upon the Parliament and of the base horrid Murther of his late Majesty It is said that the Parliament I conceive they meant of the remaining part they were not guilty but some few ambitious bloody guilty persons who contrived the same and others misled by them Cook The other matter of Law is this I say that I do hope that though that order which I was about to produce concering my acting that if it may not in a legal sense any way be said to be an Act of the Parliament and Commons yet it may be said to be such an order to bear out those that did Act according to it because there was then no other authory de facto otherwise it were not lawful for any man to exercise his profession during such a Power I hope Councellors might then exercise their profession aswel as others My Lord though I should suffer my self in this case I should be loth the honourable profession of the Law should I think I was in my Sphere acting as a Counsellor Now Gentlemen of the Jury that which I have to say to you is an evidence concerning matter of life it must be so clear that every one that hears it may understand it It is called an evidence because it is evident it is one reason why Prisoners for their lives are not allowed Counsel for matter of fact because the evidence is and ought to be so clear and plain that every one should be satisfied both Jury and standers by and it is a proper word to say the Prisoner is convicted that is as much as his mouth is stopped and therefore I say truly as I hope I may speak it to you without offence as Jeremy in another Case when some of the people would have had them put him to death as for me behold I am in your hand do with me as seemeth good and meet unto you 26. Jer. 14 15. ver saith he But know ye for certain that if ye put me to death ye shall surely bring innocent blood upon your selves I hope you will not willingly be Guilty of any such thing I must leave it to your consciences whether you believe that I had an hand in the K. Death when I did write but only that which others did dictate unto me and when I spoke only for my Fee and this I would be bold to say though the argument is not so directly confessed that humane Justice I do first say as this my principle and opinion is that as every man ought to pay his moral debts so all political debts there is a debt due to human Justice so political if the Lord should have suffered me to have been drunk and kill'd a man for which I ought to have died in stead of speaking for my self I would have rather intreated the Jury to have found me Guilty I think these things ought to be answered political debts when I was in Ireland and had opportunity of going away if I thought I had been Guilty I might have done it my name is put into his Majesties Proclamation It is true I was a prisoner three or four months before so that I could not render my self to what end should that Proclamation mention my name it was laid I obscured my self but I did not humane Justice doth never punish so much for expiation as for prevention The judgements of the learned Aquinas Grotius and Amesius and many others that if a man doth kill a man commit any thing worthy of death though he doth repent never so much yet that others may
might be taken pro confesso Court By whom Nutly By the Prisoner at the Bar if so be that he would not answer This my Lord is the substance of what I have to say against him Council Mr. Nutly pray what discourse have you had at any time with the Prisoner at the Bar concerning this impeachment Nutly Truly my Lord I knew the Gentleman well I was well acquainted with him and for the satisfaction of my own conscience for I was very tender in the business and sorry he was ingaged in it I went to him and did desire him to desist I had discourse with him for I was then a young Student in the Temple and had a little knowledge in the Laws I desired him to consider the dangerous consequences of such a proceeding I may say I did it with tears in my eyes for I had a very good respect to the Gentleman for his profession sake being learned therein truly my Lord he did answer me thus I acknowlegde it is a very base business but they put it upon me I cannot avoid it you see they put it upon me I had some discourse with him concerning the oath of Allegiance truly he was satisfied that this oath was against the business in question I saw he was troubled at it Council Can ye speak of the manner of calling for Judgement against the King Nutly That I have already answered to it was several times done the King was brought several times to the Bar and at every time he was brought he was pressed to answer whether Guilty or Not guilty Court By whom Nutly By the Sollicitor then the Prisoner now at the Bar. My Lord I remember his Majesty was pleased when he saw he could not be heard to the discourse that he did intend to make of the whole business saith the King if you will needs press me to an answer I must demur to your Jurisdiction my Lord the answer that was given to that was this Mr. Bradshaw there then President did say Sir saith he if you demur to the Jurisdiction of this Court I must let you know that the Court doth over-rule your demurrer this was said my Lord and Judgement was pressed very often Court By whom Nutly By the prisoner at the Bar. Cook My Lord may I ask him a question Court Yes Cook The first question is whether the Parchment was delivered by me unto the Court or brought into the Court by Mr. Broughton the Clerk Mr. Nutly I do encline to believe my Lord That it was brought into the Court and delivered by some hand or other to the Prisoner at the Bar I do beleive it was for I do remember it was written by one Price I was told that was his name that may be true I believe it was brought into the Court and delivered to the Prisoner now at the Bar. Council But did he exhibit it Nutly Yes my Lords Cook Did you see me set my hand to that Parchment N. No my Lords but I believe it to be his hand Cook Another Question whether Mr. Nutly did hear me say concerning the opinions of those Gentlemen what they intended to do in that business Nut. My Lords I do remember that I had often conference with the Gentleman at the Bar. I desired him to desist from the business considering the dangerous consequences of it truly my Lord I do well remember that he did say he did hope they did not intend to take away the Kings life said I if they go about any such thing do you use your utmost endeavour to preserve his life saith he I did labour to that purpose but they tell me they only intend to bring him to submit to the Parliament Cook It is said that I demanded Judgement of his life Mr. Nutly I demand of you whether I used the words of Judgement against his life but only I demanded their Judgement Nut. My Lords for that I cannot remember possibly to a syllable but Judgement was demanded Court By whom N. By this person Cook I said the judgment of the Court not against him I meant judgement for his acquital Court Did you ever hear him desire the Court that the Charge might be taken pro confesso N. That I have said my Lord it was urged by the Prisoner at the Bar against his Majesty That if he would not plead to the Charge that then the matter charged in it might be taken pro confesso But my Lord if you please to give me leave to add this one word more my Lord I did hear him say at that time he shewed me a paper that contained an order of the Court that did direct the very words that he should use when he came to deliver the Charge whether those words were in the order I do not know Cook Whether was I not directed by those Gentlemen the very words I should speak Court We are satisfied in that he saith by an order that you shewed him you were so directed If you have any thing more ask it him Mr. Farrington sworn Mr. Sol. Gen. Pray tell my Lords and the Jury what was the carriage of the Prisoner at the Bar at Westminster at the place they called the High Court of Justice Farringt My Lord I was present about the 20th of Jan. 1648. at that which they called the High Court of Justice and Mr. Bradshaw sat then as President so much as I remember concerning the Prisoner at the Bar I shall acquaint your Lorship This Gentleman at the Bar after the reading of the Commission and directions by the President to bring his Majesty the prisoner they called him to the Bar the King being brought after silence made and some speeches made by the President this Gentleman the Prisoner at the Bar having then a Parchment in his hand the substance of it was for levying War against the Kingdom he prayed that it might be read and accepted as a Charge in behalf of the good people of England It was accordingly read and afterwards being demanded to answer after his Majesty having given several reasons as to the Jurisdiction of the Court four days every day the Prisoner at the Bar demanded the judgement of the Court. And if his Majesty would not answer to the charge it might be taken pro confesso Coun. Do you know his hand if you see it Farring I have not seen his hand a long time Then the Impeachment was shewn to the witness Far. Truly Sir this is like his hand Coun. Do you believe it Far. It is very like it I do not know positively Coun. Did you hear the words pro confesso Far. Yes my Lord several times after the first day Coun. Did he interrupt the King in his discourse as to say these words that the Charge might be taken pro confesso Far. I do remember one day there was some interruption between the King and him the King laying his Cane upon his shoulder desiring him to forbear Cock You cannot say that
I interrupted his Majesty Far. I remember that the King laid his Cane upon your shoulders Cook Whether did I the first or the last day demand judgement or that any thing might be taken pro confesso Far. The first day no but after the first day he did several days you did the last day Griffith Bodurdo Esq sworn Coun. Sir you have heard the question give an accompt to my Lords and Gentlemen of the Jury of the carriage of the Prisoner at the Bar towards his Majesty during the time of the Tryal Mr. Bod. My Lord I was all the time that the King was brought there before the Court as a Prisoner I was present all the day having a conveniency out of my house into a Gallery that was some part of it over that Court I do remember that the Prisoner at the Bar whom I never saw before that time did exhibit a charge the first day against the Prisoner at the Bar which was the King in these very terms The Prisoner at the Bar the charge I heard it read then I have not seen it since the substance was this That for levying war against the Parliament and people of England and namely at such and such a place killing of the people of England I think Naseby and Keinton field was named in it and divers other places were named in the Charge and the Conclusion was that he had done those things as a Tyrant Traitor Murtherer and a publick and implacable enemy of the Commonwealth But this Prisoner at the Bar did exhibit the Charge and the King did then as you have heard he did plead to the Jurisdiction of the Court The King would fain have been heard but I think they did adjourn for that time The next day he pleaded the same thing I remember the answer that was several times given twice given by Bradshaw to the King thus that the Court did assert their own Jurisdiction The second and third day I do not remember any day after the first but that the prisoner at the Bar did demand judgement for the Kings not pleading and did several times make complaints to the Court of the Kings delays that he intended delays and nothing else Cook Pray my Lord one Question whether my Lord before he heard me speak of demanding judgement against the King whether he did not hear Mr. Bradshaw several times say that the Court owned their Authority and that the matter would be taken pro confesso Mr. Bodurdo I did hear the Prisoner at the Bar desire of the Court that it might be so and I heard the Prisoner tell the King that it must be so Joseph Herne sworn Coun. Mr. Herne tell my Lords what you know of the prisoners carriage at the High Court of Justice as they called it Mr. Herne Upon Saturday the 20th of Jan. 1648. it was the first day His Majesty was convened before them I could not come near the Court only I saw him at a distance I heard nothing but the acclamations of the people crying out God save your Majesty what was done in the Court I know nothing of On Munday I was there and had a conveniency to see and hear what was acted and so His Majesty being come to the Seat appointed for him the prisoner at the Bar being called upon by the then President Bra. he demanded of him what he had to ask of the Court He was then talking with Dorislaus and semeed not to mind the business of the Court His Majesty sitting near takes his stick and thrusts the Prisoner at the Bar upon his shoulder and the Prisoner looking back with a great deal of indignation turned about I did hear Bradshaw speaking to him in these words Mr. Sol. have you any thing to demand of the Court whereupon the prisoner at the Bar did use these or the like words May it please your Lordships I have formerly in the name of the Commons assembled in Parliament and the good people of England exhibited a Charge of High Treason and other high crimes against Charles Stuart the prisoner at the Bar flinging his head back in this manner to him He had there further to require of the Court that he might be demanded to make positive answer by confession or denial if not that the Court would take it pro confesso and proceed according to Justice this was on the first day I was in the Court The President Bradshaw told His Majesty that he heard what was craved in the name of the Commons assembled in Parliament and the good people of England against him by the now Prisoner at the Bar. The King stood up but Bradshaw prevented him in what he had to say telling of him that the Court had given him time to that day to know when he would plead to the Charge His Majesty proceeded to object against the Jurisdiction and said he did demur to the Jurisdiction of the Court upon which the President answered him If you demur to the Jurisdiction of the Court you must know that the Court hath over-ruled your demurrer and you must plead to your Charge guilty or not guilty upon that the King asked their authority and desired he might give reasons against it he was denyed it by the President the President at last was content to tell him that though he was not satisfied with their authority they were and he must but to satisfie him he told him in short they sat there by the supream authority of the Nation the Commons assembled in Parliament by whom his Anceston ever were and to whom he was accomptable then the King stood up by your favour shew me one President Bradshaw 〈◊〉 down in an angry manner Sir saith he we sit not here to answer your Questions plead to your Charge guilty or not guilty Clerk do your duty whereupon Broughton stood up and asked what he had to say whether guilty or not guilty and President Bradshaw said that if he would not plead they must record his contempt His Majesty turned about to the people and said then remember that the King of England suffers being not permitted to give his reasons for the liberty of the people with that a great shout came from the people crying God save the King but there was an awe upon them that they could not express themselves as they would have done I believe Coun. What did Cook say to the Judgement did you hear him press for Judgement Mr. H. Yes I heard these words from the Prisoner at the Bar That if the K. would not plead his Charge might be taken 〈◊〉 Conf. and that the Court might proceed according to Justice Cook One question more whether he often heard me speak those words that it might be taken pro Confesso and to proceed according to Justice Mr. Hern. You desired he might be held to his Plea confession or denial that he might not be suffered to use any words to the Jurisdiction of the Court. Cook Whether he