Collections of Notes Taken at the KING'S Trial, at Westminster Hall, On Tuesday last, Janua. 23. 1648. Also a paper of Instructions intercepted, coming from Scotland, to the Scots Commissioners, concerning the KING. THe Court being met on Tuesday the 23 of January 1648. Proclamation was made, Hoys, etc. All manner of persons, that were by the last Court adjoined to attend this Court, draw near, and give your attendance: All manner of persons are strictly charged to keep silence upon pain of imprisonment. Then the Commissioners were called over 72. this day sat, and answered to their names. There was (instead of the King's Arms) set over this high Court of Justice, The kingdom's Arms; which is a red Cross in a white field. Then the Court sent Sergeant Dendy to bid those that had charge of the King, to bring him to the Bar, and returning, the Sergeant took the Mace, and met him at the Stairs going to the Court, and the King being come to the Bar, he looked about him, and viewed the Galleries, which were full of people. The King was this day and the day before in black; And this day his countenance was very sad; proclamation was made, Hoys, etc. This Court doth strictly charge and command all manner of persons to keep silence, whilst the great affairs of the Commonwealth are in hearing, upon pain of imprisonment. And the Captain of the Guard is to take into his custody all such persons as shall make any disturbance to the proceed of this Court. Then Mr. Cook (one of the counsel against the King, who is) Solicitor General, moved the Court to this effect. That this was the third time that the prisoner was brought before them, that they had showed him great favour, Declaring, that he did on Saturday last, in behalf of the Commons of England, exhibit and give into this court, a charge of High Treason, and other high crimes, and misdemeanours against him, whereof he did accuse him in the name of the Parliament & people of England, and the charge was read unto him, and his answer required; that he would then give no answer, but instead of answering, did there dispute the authority of this high Court. That he did humbly move on Monday, that the prisoner might be desired to make a positive answer, either by way of confession, or negation, which if he shall refuse to do, that the matter of charge might be taken pro confesso, & the Court would proceed according to Justice. But he did still dispute your power, contemning the authority of this high Court, erected by the Commons of England in Parliament assembled, though he be a prisoner at the Bar, accused of Treason, the highest treason that ever was, That a King of England, who was entrusted with the Government of the kingdom, to violate the Laws of the ●and, and yet to dispute against your power, in defiance of the Parliament, it is very high and a great contempt. He did also declare that the day before the King was pleased to put in a demurrer, which was over ruled by the Court; And the Jurisdiction of the Court not to be disipated, I do now desire the Court to proceed to justice against him. And that if a Prisoner will not put in his Answer, it is to be taken pro confesso, it hath been done by Decrees: But this Court hath hitherto showed him favour, in delaying to proceed to sentence. As for the proof of the Charge against him, there is enough upon Record by the Parliament: And yet if that will not satisfy, they have many witnesses to make it good: And therefore the Solicitor general did humbly move, (and not only himself, but much innocent blood that hath been spilt) that justice may be speedily done upon him. Then the Lord President told the King, that he had heard what was said and moved, declaring his condition, and what hath been done; and required of the King that yet he would give obedience to the Court, and acknowledge the House in them, or from the Supreme Court from which they have their Authority; that if he would yet answer he might be heard: But that the Court (if he did proceed in his obstinacy) would proceed to justice against him. And the● they did then expect a positive Answer. That in plain English, the Court expected that he should answer to the charge against him, either guilty or not guilty. The King then made a narrative of the Treaty, which he saith was so near concluded, from which he was taken away, and brought prisoner hither: That he is charged with the breach of his Treaty, for proceeding contrary to Law. And yet that he is pressed to put in his Answer to this Court, whose Authority he approves not. That he cannot submit to it, saying, that it was a new way contrary to the Laws of the kingdom. And the King said, that that was the thing he stood upon; but as for the charge, to answer it, he did not weigh it of a rush: And he despised the Authority of the Court again. The Lord President told the king that he was answered to other things of that nature the last day, But he went on and would not acknowledge the jurisdicton of the Court then. But that the Court did now expect his positive answer to the charge, declaring to the king, that he was not to issue out to any other dispute, until he had first given in his positive answer to the charge. And he did further declare to the king that these were the final commands of the Court, who did require his positive answer now. The king than spoke again, pleading his relation to the people of England, whom he was set to rule over. And that it was hard for him that is their king to be made exemplary, or in such a case to acknowledge the power of that Court to try him, which he knew no precedent for, to make him exemplary. And that he did not know how to do it, and urged further the liberties of the People, and the ancient Laws of the Kingdom. And that if they would give him time, which he pleaded for, he would show them reasons why he did it. And then argued his being a prisoner, and the engagement of the public faith of the Kingdom, in which he went very high. But the Lord Precedent told the King that he must interrupt him, and that that language was ill taken. The King desired to be heard on in what he was saying. The Lord precedent told him, that he must hear the Court who require his positive Answer, And that they do not crave it of him, but require it. Then the Clerk read a paper to the King as followeth. Charles Stuart King of England, you are here accused in the behalf of the people of England of high treason, and other high crimes. The Court do require you to give in your positive answer to the same. To this the King argued that he had done nothing against the privileges of the Kingdom, And that he was not satisfied of their authority to require this of him. And that his intentions was always good to the Kingdom. The Lord President answered the King, That he had been three times before them, And still in opposition to the Court. And as for his intentions, he hath showed them (the Lord Precedent told him) by his actions, that he had written them in bloody characters. Then the King would have gone on pleading against the authority of the Court, and would not give any satisfaction by giving an answer to his Charge as was desired. Therefore the Lord Precedent told the King that he was not to be heard further therein. And declared to the King how he had stood in contempt against the power of the Court, And that the Court will not be so affronted: That they will proceed according to Justice and not regard the person of any. And so the Lord Precedent did further declare also, that he should find that he is before a Court of Justice. Then the King was commanded to be taken away. After which Proclamation was made. Ho yes, etc. All manner of persons, that now have appeared, and have further to do in this Court, are to departed hence to the Painted Chamber, to which place this Court doth adjourn, and intends to adjourn itself to this place to morrow morning. After which the Crier by order concluded saying. God bless the Kingdom of ENGLAND. Instructions intercepted from Scotland, to their Commissioners now in England. 1. TO use in your Applications the salve mentioned in your Letter, that it seem not to import the approbation of any violence used against the Parliament, or any Member thereof. 2 That you have your Addresses to such Lords and Commons as are our friends, and well affected, and the honest Party. 3. That your Applications be so concise that they give no occasion of offence. 4. That nothing proceed from you justifying the Kings proceed. 5. Nothing in approbation of the late Engagement. 6. Nothing which may import a breach, or give, or be a ground of new War. 7. That they would delay to meddle with the King's Person according to their several promises and Declarations at Newcastle and Holdenby. 8. If they proceed and pronounce sentence against the King, that you enter your dissent and protest, that this Kingdom may be free of the miseries which inevitably will follow thereon (without offering in your Reasons) that Princes are exempt from Trial and Justice. 9 That none in this Parliament had or hath had any hand in the proceed of the Army against the King and Members of Parliament. 10 If they proceed, then to show the calamities that will follow, and how grievous it will be to the Kingdom, considering his delivering at Newcastle. 12. If the Paper called the People's Agreement shall be passed and shall import any thing anent the procesing of the Prince to the changing of the fundamental government of the Kingdom that you enter your dissent. 12. That you shall alter these Instructions, or manner your trust therein, by the advice of our friends there, 13 To prosecute your last Instructions anent the Covenant and against Toleration. 14 To show that the King's last Concessions are insatisfactory to us in point of Religion. Imprimatur Jan. 23. 1648. Theodore Jennings. FINIS. London Printed by Robert Ibbi●son in Smithfield nea● the Queen's head Tavern, 1648.