Part 15

LORD PRESIDENT--Sir, you have heard what is moved by the Counsel on the behalf of the kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget, what dilatory dealings the Court hath found at your hands. You were pleased to propound some Questions, you have had our Resolutions upon them. You were told, over and over again, That the Court did affirm their own jurisdiction; that it was not for you, nor any other man, to dispute the jurisdiction of the supreme and highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did persist in such carriage, as you gave no manner of obedience, nor did you acknowledge any authority in them, nor the High Court that constituted this Court of Justice. Sir, I must let you know from the Court, that they are very sensible of these delays of your's, and that they ought not, being thus authorised by the supreme Court of England, to be thus trifled withal; and that they might in justice, if they pleased, and according to the rules of justice, take advantage of these delays and proceed to pronounce judgment against you; yet nevertheless they are pleased to give direction, and on their behalfs I do require you, that you make a positive Answer unto this Charge that is against you, Sir, in plain terms, for Justice knows no respect of persons; you are to give your positive and final Answer in plain English, whether you be Guilty or Not Guilty of these Treasons laid to your charge.

The King, after a little pause, said,

KING--When I was here yesterday, I did desire to speak for the Liberties of the people of England; I was interrupted; I desire to know yet whether I may speak freely or not.

LORD PRESIDENT--Sir, you have had the Resolution of the Court upon the like question the last day, and you were told that having such a Charge of so high a nature against you, and your work was, that you ought to acknowledge the jurisdiction of the Court, and to answer to your Charge. Sir, if you answer to your Charge, which the Court gives you leave now to do, though they might have taken the advantage of your contempt; yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best defence you can. But, Sir, I must let you know from the Court, as their commands, that you are not to be permitted to issue out into any other discourses, till such time as you have given a positive Answer concerning the matter that is charged upon you.

KING--For the Charge, I value it not a rush; it is the Liberty of the People of England that I stand for. For me to acknowledge a new Court that I never heard of before, I that am your King, that should be an example to all the people of England for to uphold justice, to maintain the old laws: indeed I do not know how to do it. You spoke very well the first day that I came here (on Saturday) of the obligations that I had laid upon me by God, to the maintenance of the Liberties of my people; the same obligation you spake of, I do acknowledge to God that I owe to him, and to my people, to defend as much as in me lies the ancient laws of the kingdom: therefore, until that I may know that this is not against the fundamental Laws of the kingdom, by your favour I can put in no particular Charge. If you will give me time, I will shew you my Reasons why I cannot do it, and this----

Here, being interrupted, he said,

By your favor, you ought not to interrupt me: How I came here, I know not; there's no law for it to make your king your prisoner. I was in a Treaty upon the public faith of the kingdom, that was the known ... two Houses of Parliament that was the representative of the kingdom; and when that I had almost made an end of the Treaty, then I was hurried away, and brought hither: and therefore----

Here the Lord President said, Sir, you must know the pleasure of the Court.

KING--By your favour, sir.

LORD PRESIDENT--Nay, sir, by your favour, you may not be permitted to fall into those discourses; you appear as a Delinquent, you have not acknowledged the authority of the Court, the Court craves it not of you; but once more they command you to give your positive Answer.--Clerk, do your duty.

KING--Duty, Sir!

The Clerk reads.

'Charles Stuart, king of England, you are accused in behalf of the commons of England of divers Crimes and Treasons, which Charge hath been read unto you: the Court now requires you to give your positive and final Answer, by way of confession or denial of the Charge.'

KING--Sir, I say again to you, so that I might give satisfaction to the people of England of the clearness of my proceeding, not by way of Answer, not in this way, but to satisfy them that I have done nothing against that trust that has been committed to me, I would do it; but to acknowledge a new Court, against their Privileges, to alter the fundamental laws of the kingdom--sir, you must excuse me.

LORD PRESIDENT--Sir, this is the third time that you have publicly disowned this Court, and put an affront upon it. How far you have preserved the privileges of the people, your actions have spoke it; but truly, Sir, men's intentions ought to be known by their actions; you have written your meaning in bloody characters throughout the whole kingdom. But, Sir, you understand the pleasure of the Court.--Clerk, Record the Default.--And, Gentlemen, you that took charge of the Prisoner, take him back again.

KING--I will only say this one word more to you: If it were only my own particular, I would not say any more, nor interrupt you.

LORD PRESIDENT--Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it) to find that you are before a court of justice.

Then the King went forth with his guard, and proclamation was made, That all persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber; to which place the Court did forthwith adjourn, and intended to meet in Westminster Hall by ten of the clock next morning.

CRYER--God bless the kingdom of England!

Wednesday, January 24th, 1649.

This day it was expected the High Court of Justice would have met in Westminster Hall, about ten of the clock; but at the time appointed, one of the Ushers, by direction of the Court (then sitting in the Painted Chamber) gave notice to the people there assembled, That in regard the Court was then upon the Examination of Witnesses, in relation to present affairs, in the Painted Chamber, they could not sit there; but all persons appointed to be there, were to appear upon further summons.

The Proceedings of the High Court of Justice sitting in Westminster Hall, on Saturday the 27th of January 1649.

O Yes made: Silence commanded; the court called; Serjeant Bradshaw Lord President (in a scarlet robe), with sixty-eight other members of the court.

As the King comes in, a Cry made in the Hall for Execution! Justice! Execution!

KING--I shall desire a word to be heard a little, and I hope I shall give no occasion of interruption.

LORD PRESIDENT--You may answer in your time, hear the Court first.

KING--If it please you, Sir, I desire to be heard, and I shall not give any occasion of interruption, and it is only in a word: a sudden Judgment.

LORD PRESIDENT--Sir, you shall be heard in due time, but you are to hear the Court first.