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 ſhould2 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 overruled 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.
3Then 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,4 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,5 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.
6The 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.
7And 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.