I was lately in a Treaty upon the public faith of the Kingdom, that was the known the 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 President interrupted him, and said, Sir, you must know the pleasure of the Court. King. By your favour, Sir, President. Nay, Sir, by your favour, you may not be permitted to fall into these discourses; you appear as a delinquent, you have not acknowledged the authority of the Court; the Court craves it not of you, and 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 the behalf of the Commons of England, of divers high 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 proceedings, not by way of answer, not in this way, but to satisfy them that I have done nothing against that trust that hath 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.' President. Sir, this is the third time that you have publicly disowned the 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 to you, if it were only my own particular, I would not say any more, or interrupt you.' 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 who 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 the next morning. Cryer. God bless the kingdom of England. His Majesty intended to have delivered in writing his reasons against the pretended jurisdiction of the High Court of Justice, upon Monday, January 22, but was not permitted. Saturday the 27th of January, 1648. O yes made. Silence commanded. The Court called. Serjeant Bradshaw, Lord President, in his scarlet robe (suitable to the work of this day) with sixty-eight other members of the Court, called. As the King came into the Court, in his usual posture with his hat on, a cry made in the Hall by some of the soldiers for Justice, Justice, and Exe cution. King. I shall desire a word to be heard a little, and I hope I shall give no occasion of interruption.' 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 President. You shall be heard in due time, but you are to hear the Court first. King. Sir, I desire it, it will be in order to what I believe the Court will say; and therefore, Sir, a hasty judgment is not so soon recalled.' President. Sir, you shall be heard before the judgment be given, and in the mean time you may forbear. King. Well, Sir, shall I be heard before the judgment be given?' President. 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 the Court to make answer to a charge of treason and other crimes exhibited against him in the name of the people of England. [Here an honourable Lady interrupted the Court, saying, Not half the people; but she was soon silenced.]-To which charge being required to answer, he hath been so far from obeying the commands of the Court by submitting to their justice, as he began to take upon him to offer reasoning and debate unto the authority of the Court, and of the highest Court that constituted them to try and judge him; but being over-ruled in that, and required to make his answer, he was still pleased to continue contumacious, and to refuse to submit or answer; hereupon the Court, that they may not be wanting to themselves, to the trust reposed in them, nor that any man's wilfulness prevent jus tice, they have thought fit to take the matter into their consideration; they have considered of the contumacy, and of that confession which in law doth arise upon that contumacy: they have likewise considered of the notoriery of the fact charged upon the prisoner, and upon the whole matter they are resolved, and have agreed upon a sentence to be now pronounced against this prisoner. But in respect he doth desire to be heard before the sentence be read and pronounced, the Court hath resolved that they will hear him; yet, Sir, thus much I must tell you before hand, which you have been minded of at other Courts; that if that you have to say be to offer any debate concerning jurisdiction, you are not to be heard in it; you have offered it formerly, and you have indeed struck at the root, that is, the power and supreme authority of the Commons of England, which this Court will not admit a debate of, and which indeed is an irrational thing in them to do, being a Court that acts upon authority derived from them, that they should presume to judge upon their superiority, from whom there is no appeal. But, Sir, if you have any thing to say in defence of yourself concerning the matters charged, the Court hath given me command to let you know they will hear you. King. Since that I see that 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 more dear to me than my life, which is my conscience and my honour; and if I had respect to my life more than the peace of the kingdom, the liberty of the subject, certainly I should have made a particular defence for myself, for by that at least-wise I might have delayed an ugly sentence, which I believe will pass upon me; therefore certainly, Sir, as a man that hath some understanding, some knowledge of the world, if that my true zeal to my country had not overborn the care that ĺ have of my own preservation, I should have gone another way to work than that I have done. Now, Sir, I conceive that an hasty sentence once passed, may be sooner repented than recalled: and truly the self same desire that I have for the peace of the kingdom, and the libeity of the subject, more than my own particular, does make me now at last desire, that having something for 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 to you; whatsoever I say, if that I say no reason, those that hear must be judges, I cannot be judge of 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 it very well, it is worth the hearing: therefore I do conjure you, as you love that you pretend, I hope it is real, the liberty of the subject, the peace of the kingdom; that you will grant me the hearing, before any sentence be passed; I only desire this, that you will take this into your consideration, it may be you have not heard of it before-hand; if you will, I will retire and you may think of it: but if I cannot get this liberty, I do here protest, that so fair shews of liberty and peace are pure shews, and not otherwise, in that you will not hear your King.' President. Sir, you have now spoken? President. And this that you have said is a further declining of the jurisdiction of this Court, which was the thing wherein you were limited before. King. Pray excuse me, Sir, for my interruption, because you' mistake me, it is not a declining of it, you do judge me before you hear me speak: I say it will not, I do not decline it, though I cannot acknowledge the jurisdiction of the Court; yet, Sir, in this give me leave to say, I would do it, though I did not acknowledge it in this, I do protest it is not the declining of it, since I say, if that I do say any thing but that that is for the peace of the kingdom and the liberties of the subject, then the shame is mine. Now I desire, that will take this into your consideration, if you will, I will withdraw.' · President. Sir, this is not altogether new that you have moved unto us, not altogether new to us, though the first time in person you have offered it to the Court: Sir, you say you decline not the jurisdiction of the Court. King. Not in this that I have said.' you President. I understand you well, Sir, but nevertheless that which you have offered, seems to be contrary to that saying of your's; for the Court are ready to give a sentence. It is not as you say, that they will not hear their King, for they have been ready to hear you, they have patiently waited your pleasure for three Courts together, to hear what you would say to the people's charge against you, to which you have not vouchsafed to give any answer at all; Sir, this tends to a further 2 but being over-ruled in that, and required to make his answer, he was still pleased to continue contumacious, and to refuse to submit or answer; hereupon the Court, that they may not be wanting to themselves, to the trust reposed in them, nor that any man's wilfulness prevent justice, they have thought fit to take the matter into their consideration; they have considered of the contumacy, and of that confession which in law doth arise upon that contumacy: they have likewise considered of the notoriery of the fact charged upon the prisoner, and upon the whole matter they are resolved, and have agreed upon a sentence to be now pronounced against this prisoner. But in respect he doth desire to be heard before the sentence be read and pronounced, the Court hath resolved that they will hear him; yet, Sir, thus much I must tell you before hand, which you have been minded of at other Courts; that if that you have to say be to offer any debate concerning jurisdiction, you are not to be heard in it; you have offered it formerly, and you have indeed struck at the root, that is, the power and supreme authority of the Commons of England, which this Court will not admit a debate of, and which indeed is an irrational thing in them to do, being a Court that acts upon authority derived from them, that they should presume to judge upon their superiority, from whom there is no appeal. But, Sir, if you have any thing to say in defence of yourself concerning the matters charged, the Court hath given me command to let you know they will hear you. King. Since that I see that you will not hear any thing of debate concerning that which 1 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 more dear to me than my life, which is my conscience and my honour; and if I had respect to my life more than the peace of the kingdom, the liberty of the subject, certainly I should have made a particular defence for myself, for by that at least-wise I might have delayed an ugly sentence, which I believe will pass upon me; therefore certainly, Sir, as a man that hath some understanding, some knowledge of the world, if that my true zeal to my country had not overborn the care that i have of my own preservation, I should have gone another way to work than that I have done. Now, Sir, I conceive that an hasty sentence once passed, may be sooner repented than recalled: and truly the self same desire that I have for the peace of the kingdom, and the li beity of the subject, more than my own particular, does make m at last desire, that having something for to say th concerns |