Numb. 2. A CONTINUATION OF THE NARRATIVE BEING The third and fourth days Proceed OF THE High Court of justice Sitting in Westminster Hall Jan. 23. CONCERNING the TRIAL OF THE KING: With the several Speeches of the King, Lord Precedent, & Solicitor General. Published by Authority to prevent false and impertinent Relations. TO these Proceed of the Trial of the King, I say, Imprimatur, GIL●●RT MA●●O●. London, Printed for John Playford, and are to be sold at his shop in the Inner Temple, Jan. 25. 1648. At the High Court of Justice sitting in Westminster Hall, Tuesday, Jan. 23. 1648. O Yes made. Silence commanded. The Court called. Seventy three persons present. The King comes in with his Guard, looks with an austere countenance upon the Court and sits down. The second O Yes made, and silence commanded. Mr Cook Solicitor General. May it please your Lordship, my Lord Precedent. This is now the third time, that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any issue joined in the cause. My Lord, I did at the first Court exhibit a Charge against him, containing the highest Treason that ever was wrought upon the Theatre of England, That a King of England, trusted to keep the Law, that had taken an Oath so to do, that had tribute paid him for that end, should be guilty of a wicked design, subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government, in the defence of the Parliament and their Authority, set up his Standard for War against his Parliament and People; and I did humbly pray, in the behalf of the People of England, that he might speedily be required to make an Answer to the Charge. But my Lord, instead of making any answer, he did then dispute the Authority of this High Court; Your Lordship was pleased to give him a further day to consider and to put in his Answer, which day being yesterday, I did humbly move, that he might be required to give a direct and positive Answer, either by denying or confession of it; but (my Lord) he was then pleased for to demur to the Jurisdiction of the Court, which the Court did then overrule, and command him to give a direct and positive Answer. My Lord, Besides this great delay of Justice, I shall now humbly move your Lordship for speedy Judgement against him. My Lord, I might press your Lordship upon the whole, that according to the known Rules of the Law of the Land, That if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable Plea, guilty or not guilty of the Charge given against him, whereby he may come to a fair Trial; That as by an implicit Confession, it may be taken pro confesso, as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done: But besides, my Lord, I shall humbly press your Lordship upon the whole fact; The House of Commons, the supreme Authority and Jurisdiction of the Kingdom, they have declared, That it is notorious, That the matter of the Charge is true, as it is in truth (my Lord) as clear as crystal, and as the Sun that shines at noon day, which if your Lordship and the Court be not satisfied in, I have notwithstanding, on the People of England's behalf, several witnesses to produce: And ●herefore I do humbly pray, and yet I must confess it is not so much I as the innocent blood that hath been shed, the Cry whereof is very great for Justice and Judgement; and therefore I do humbly pray, that speedy Judgement be pronounced against the Prisoner at the Bar. Lord Precedent. Sir, You have heard what is moved by the Council on the behalf of the Kingdom against you. Sir, You may well remember, and if you do not, the Court cannot forget what delatory deal the Court hath found at your hands, you were pleased to propound some Questions, you have had your Resolution upon them. You were told over and over again, That the Court did affirm their own Jurisdiction, tha● 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 yours, and that they ought not, being thus authorized by the supreme Court of England, 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 Judgement against you, yet nevertheless they are pleased to give direction; and on their behalves 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, 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 Precedent. Sir, You have had the Resolution of the Court upon the like Question the last day, and you were told, that having such 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. The 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 spoke of, I do acknowledge to God that I own 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 * This is as the King expressed, but I supposed he meant Answer. Charge: If you will give me time, I will show you my reasons why I cannot do it, and this— Here being interrupted, he said, By your favour, 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, than I was hurried away and brought hither, and therefore— Here the Lord Precedent said; Sir, You must know the pleasure of the Court. The King. By your favour Sir: Lord Precedent. 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— Clark. Do your duty. The 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. The 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 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. Lord Precedent. Sir, this is the third time that you have publicly disowned this Court, and put an affront upon it, how far you have preserved 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. The 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 Precedent. 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 departed into the painted Chamber, to which place the Court did forthwith adjourn, and intended to meet in Westminster Hall by ten of the clock ●ext morning. Cryer. God bless the Kingdom of England. Wednesday January 24. 1648. 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. FINIS.