MR. COOK--My lord, I am commanded to charge Charles Stuart King of England, in the name of the Commons of England, with Treason and High Misdemeanors; I desire the said Charge may be read.
The said Charge being delivered to the Clerk of the Court, the Lord President ordered it should be read; but the king bid him hold. Nevertheless, being commanded by the Lord President to read it, the Clerk begun, and the Prisoner sat down again in his chair, looking sometimes on the High Court, sometimes up to the Galleries; and having risen again, and turned about to behold the guards and spectators, sat down, looking very sternly, and with a countenance not at all moved, till these words, viz.:--"Charles Stuart to be a Tyrant and Traitor," etc. were read; at which he laughed, as he sat, in the face of the Court.
The Charge being read, the Lord President replied;
LORD PRESIDENT--Sir, You have now heard your Charge, containing such matter as appears in it; you find, that in the close of it, it is prayed to the Court, in the behalf of the commons of England, that you answer to your Charge. The Court expects your Answer.
KING--I would know by what power I am called hither; I was not long ago in the Isle of Wight; how I came there, is a longer story than I think it fit at this present time for me to speak of; but there I entered into a Treaty with both houses of Parliament, with as much public faith as it is possible to be had of any people in the world. I treated there with a number of honorable lords and gentlemen, and treated honestly and uprightly; I cannot say but they did very n.o.bly with me, we were upon the conclusion of the Treaty. Now I would know by what authority, I mean lawful; there are many unlawful authorities in the world, thieves and robbers by the highways; but I would know by what authority I was brought from thence, and carried from place to place, and I know not what; and when I know what lawful authority, I shall answer. Remember I am your king, your lawful king, and what sins you bring upon your heads, and the judgment of G.o.d upon this land; think well upon it, I say, think well upon it, before you go further from one sin to a greater; therefore let me know by what lawful authority I am seated here, and I shall not be unwilling to answer. In the mean time, I shall not betray my trust; I have a trust committed to me by G.o.d, by old and lawful descent; I will not betray it, to answer to a new unlawful authority; therefore resolve me that and you shall hear more of me.
LORD PRESIDENT--If you had been pleased to have observed what was hinted to you by the Court, at your first coming hither, you would have known by what authority; which authority requires you, in the name of the people of England, of which you are elected king, to answer them.
KING--No. Sir, I deny that.
LORD PRESIDENT--If you acknowledge not the authority of the Court, they must proceed.
KING--I do tell them so; England was never an elective kingdom, but an hereditary kingdom, for near these thousand years; therefore let me know by what authority I am called hither. I do stand more for the Liberty of my people, than any here that come to be my pretended Judges; and therefore let me know by what lawful authority I am seated here, and I will answer it; otherwise I will not answer it.
LORD PRESIDENT--Sir, how really you have managed your trust, is known: your way of answer is to interrogate the Court, which beseems not you in this condition. You have been told of it twice or thrice.
KING--Here is a gentleman, lieutenant-colonel Cobbet; ask him, if he did not bring me from the Isle of Wight by force. I do not come here as submitting to the Court: I will stand as much for the privilege of the house of commons, rightly understood, as any man here whatsoever. I see no house of lords here that may const.i.tute a parliament; and the king too should have been. Is this the bringing of the king to his parliament? Is this the bringing an end to the Treaty in the public faith of the world?
Let me see a legal authority warranted by the Word of G.o.d, the Scriptures, or warranted by the Const.i.tutions of the kingdom, and I will answer.
LORD PRESIDENT--Sir; You have propounded a question, and have been answered. Seeing you will not answer, the Court will consider how to proceed; in the mean time, those that brought you hither, are to take charge of you back again. The Court desires to know, whether this be all the Answer you will give or no.
KING--Sir, I desire that you would give me, and all the world, satisfaction in this: let me tell you, it is not a slight thing you are about, I am sworn to keep the peace, by that duty I owe to G.o.d and my country, and I will do it to the last breath of my body; and therefore ye shall do well to satisfy first G.o.d, and then the country, by what authority you do it; if you do it by an usurped authority, you cannot answer. There is a G.o.d in Heaven, that will call you, and all that give you power, to account. Satisfy me in that, and I will answer; otherwise I betray my Trust, and the Liberties of the people: and therefore think of that, and then I shall be willing. For I do avow, that it is as great a sin to withstand lawful authority, as it is to submit to a tyrannical, or any other ways unlawful authority; and therefore satisfy me that, and you shall receive my answer.
LORD PRESIDENT--The Court expects you should give them a final Answer; their purpose is to adjourn to Monday next; if you do not satisfy yourself, though we do tell you our authority, we are satisfied with our authority, and it is upon G.o.d"s authority and the kingdom"s; and that peace you speak of will be kept in the doing of justice, and that is our present work.
KING--For answer, let me tell you, you have shewn no lawful authority to satisfy any reasonable man.
LORD PRESIDENT--That is, in your apprehension; we are satisfied that are your Judges.
KING--It is not my apprehension, nor yours neither, that ought to decide it.
LORD PRESIDENT--The Court hath heard you, and you are to be disposed of as they have commanded.
The Court adjourns to the Painted Chamber, on Monday at ten of the clock in the forenoon, and thence hither.
It is to be observed that as the Charge was reading against the king, the head of his Staff fell off, which he wondered at; and seeing none to take it up, he stoops for it himself.
As the King went away, facing the Court, he said, "I do not fear that"
(meaning the Sword). The People in the Hall, as he went down the stairs, cried out, some, "G.o.d save the King" and most for "Justice."[22]
At the High Court of Justice sitting in Westminster Hall, Monday, January 22, 1649.
O Yes! made; Silence commanded; the Court called, and answered to their names. Silence commanded upon pain of imprisonment, and the Captain of the Guard to apprehend all such as make disturbance. Upon the king"s coming in, a shout was made.
Command given by the Court to the Captain of the Guard, to fetch and take into his custody those who make any disturbance.
MR. SOLICITOR--May it please your lordship, my Lord President; I did at the last court in the behalf of the Commons of England, exhibit and give in to this court a Charge of High Treason, and other High Crimes, against the prisoner at the bar whereof I do accuse him in the name of the People of England; and the Charge was read unto him, and his Answer required. My lord, He was not then pleased to give an Answer, but instead of answering, did there dispute the Authority of this high Court. My humble motion to this high Court in behalf of the kingdom of England is, That the prisoner may be directed to make a positive Answer, either by way of confession, or negation; which if he shall refuse to do, that the matter of the Charge may be taken _pro confesso_, and the Court may proceed according to justice.
LORD PRESIDENT--Sir, You may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason and other high crimes against this realm of England: you heard likewise, that it was prayed in the behalf of the People, that you should give an Answer to that Charge, that thereupon such proceedings might be had, as should be agreeable to justice. You were then pleased to make some scruples concerning the authority of this Court, and knew not by what authority you were brought hither; you did divers times propound your questions, and were as often answered. That it was by authority of the Commons of England a.s.sembled in parliament, that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged. Since that the Court hath taken into consideration what you then said; they are fully satisfied with their own authority, and they hold it fit you should stand satisfied with it too; and they do require it, that you do give a positive and particular Answer to this Charge that is exhibited against you; they do expect you should either confess or deny it; if you deny, it is offered in the behalf of the kingdom to be made good against you; their authority they do avow to the whole world, that the whole kingdom are to rest satisfied in, and you are to rest satisfied with it. And therefore you are to lose no more time, but to give a positive Answer thereunto.
KING--When I was here last, it is very true, I made that question; truly if it were only my own particular case, I would have satisfied myself with the protestation I made the last time I was here against the Legality of this Court, and that a king cannot be tried by any superior jurisdiction on earth; but it is not my case alone, it is the Freedom and the Liberty of the people of England; and do you pretend what you will, I stand more for their Liberties. For if power without law may make laws, may alter the fundamental laws of the kingdom, I do not know what subject he is in England, that can be sure of his life, or any thing that he calls his own: therefore when that I came here, I did expect particular reasons to know by what law, what authority you did proceed against me here. And therefore I am a little to seek what to say to you in this particular, because the affirmative is to be proved, the negative often is very hard to do: but since I cannot persuade you to do it, I shall tell you my reasons as short as I can--My Reasons why in conscience and the duty I owe to G.o.d first, and my people next, for the preservation of their lives, liberties, and estates I conceive I cannot answer this, till I be satisfied of the legality of it. All proceedings against any man whatsoever----
LORD PRESIDENT--Sir, I must interrupt you, which I would not do, but that what you do is not agreeable to the proceedings of any court of justice: You are about to enter into argument, and dispute concerning the Authority of this Court, before whom you appear as a Prisoner, and are charged as an high Delinquent: if you take upon you to dispute the Authority of the Court, we may not do it, nor will any court give way unto it: you are to submit unto it, you are to give a punctual and direct Answer, whether you will answer your charge or no, and what your Answer is.
KING--Sir, By your favour, I do not know the forms of law: I do know law and reason, though I am no lawyer professed; but I know as much law as any gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more than you do: and therefore if I should impose a belief upon any man, without reasons given for it, it were unreasonable: but I must tell you, that that reason that I have, as thus informed, I cannot yield unto it.
LORD PRESIDENT--Sir, I must interrupt you, you may not be permitted; you speak of law and reason; it is fit there should be law and reason, and there is both against you. Sir, the Vote of the Commons of England a.s.sembled in parliament, it is the reason of the kingdom, and they are these that have given to that law, according to which you should have ruled and reigned.
Sir, you are not to dispute our Authority, you are told it again by the Court. Sir, it will be taken notice of, that you stand in contempt of the Court, and your contempt will be recorded accordingly.
KING--I do not know how a king can be a Delinquent; but by any law that ever I heard of, all men (Delinquents, or what you will), let me tell you, they may put in Demurrers against any proceeding as legal: and I do demand that, and demand to be heard with my Reasons: if you deny that, you deny reason.
LORD PRESIDENT--Sir, you have offered something to the Court: I shall speak something unto you, the Sense of the Court. Sir, neither you nor any man are permitted to dispute that point, you are concluded, you may not demur to the jurisdiction of the Court: if you do, I must let you know, that they over-rule your Demurrer; they sit here by the authority of the Commons of England, and all your predecessors and you are responsible to them.
KING--I deny that; shew me one precedent.
LORD PRESIDENT--Sir, you ought not to interrupt while the Court is speaking to you. This point is not to be debated by you, neither will the Court permit you to do it; if you offer it by way of Demurrer to the Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction.
KING--I say, Sir, by your favour, that the Commons of England was never a Court of Judicature: I would know how they came to be so.
LORD PRESIDENT--Sir, you are not to be permitted to go on in that Speech and these discourses.
Then the clerk of the Court read as followeth:--
"Charles Stuart, king of England, You have been accused on behalf of the People of England of High Treasons, and other high Crimes; the Court have determined that you ought to answer the same."
KING--I will answer the same so soon as I know by what Authority you do this.
LORD PRESIDENT--If this be all that you will say, then Gentlemen, you that brought the Prisoner hither, take charge of him back again.
KING--I do require that I may give in my Reasons why I do not answer, and give me time for that.
LORD PRESIDENT--Sir, it is not for Prisoners to require.
KING--Prisoners! Sir, I am not an ordinary prisoner.
LORD PRESIDENT--The Court hath considered of their jurisdiction, and they have already affirmed their jurisdiction; if you will not answer, we shall give order to record your default.
KING--You never heard my Reasons yet.
LORD PRESIDENT--Sir, your Reasons are not to be heard against the highest jurisdiction.
KING--Shew me that Jurisdiction where reason is not to be heard.
LORD PRESIDENT--Sir, we shew it you here. The Commons of England; and the next time you are brought, you will know more of the pleasure of the Court; and, it may be, their final determination.
KING--Shew me where ever the House of Commons was a Court of Judicature of that kind.