Collections of Notes Taken it the KING'S Trial, at Westminster Hall, On Saturday last, Janua. 27. 1648. With 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 door was commanded to be setopen, And the Sergeant at Arms was sent to appoint them to bring away the King to the Bar. At the kings coming to the Bar, the Soldiers and also the people many of them cried 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 he might be heard in his time. The king asked whither he should be heard before Judgement was denounced, the Lord Precedent told him, that he should have liberty to speak before the sentence was pronounced. And thereupon the king did forbear. The Lord Precedent 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 kingdom, that the Court overruled the demurrer. That yet (notwithstanding) he continued wilful, 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 hear 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 struck at the root of all power, the power, where it lies originally, the power of the supreme Court, the Commons of England in Parliament assembled, which the Court can by no means 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. Then the King spoke, pressing to be heard in some things that he had to offer, which he said was most material to the peace of the kingdom, and good of his people, pressing also his own honour and conscience. And that though in those respects he might have delayed to have had sentence passed upon him, yet he 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 be granted, saying, that it might be that they had not thought of such a thing before. And he used divers arguments to persuade 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 Precedent, That it was no declining of the Court: only that he had something to offer the Lords and Commons for the peace of the Kingdom. The Lord President asked the King, if he did not decline the Court. The King said, not in that which he had said, And pressed that the Court would hear their King, what he had to say. The Lord President told the King, that the Court hath waited 3 Courts before this, to hear him, with great patience, and that he might in Answer to his Charge have said what he 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 supreme power of the Kingdom, and that now again he appealed to another Jurisdiction; And that these things still savour of delays. 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 Precedent answered, that he should know the pleasure of the Court presently. Then Proclamation was made to declar● that the Court did adjourn itself, for half an hour, into the Court of Wards. But before they withdrew, command was given to the Sergeant at Arms, that the prisoner withdraw, And so the King withdrew, and as he was going down, the Soldiers and the People cried, Execution, execution. The Court then withdrew into the Court of Wards for half an hour, and then returned, Proclamation was made, And the King▪ again sent for, and brought to the Bar. The people cried out again Execution, Execution. The Lord Precedent then spoke declaring that upon the Kings desire they had adjourned to consider of what he 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 delays. 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 Kingdom. The Lord Precedent 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 Precedent told the King, that the Court did desire to know of him whether he had any thing more to say for himself, 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 Precedent made a most excellent Speech, in which he gave very great satisfaction (as to the whole business) to all that heard him. That the Court had something further to say to him. That he a few days since spoke well of deferring the Peace of the Kingdom, but that his actions have been quite contrary; that he hath gone upon very erroneous 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 superior 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 judges of the Parliament, the highest Court of the Kingdom, The Commons of England in Parliament assembled. And 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 Governors. That it is true, as the King is King he is above one private Subject, and hath no Peer, 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 Precedent instanced the Barons Wars, that then they would not suffer Kings to be Tyrants. And that if they now will neglect what the Barons of old did so carefully look 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 entrusted 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, Queen, and their children, when they could not have relief elsewhere, the case of the people of England now have been the same; and where should the Kingdom be relieved better than by the Parliament, and what wrong he had done to the people, sad experience witnessed, That he said a few days since he knew the Laws as well as most Gentlemen, That he 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 King's actions to force Parliaments, and of Parliaments, and what means he hath used to crush this Parliament, the great bulwark of the people's safety to tear it up, that so the Subject's liberties might be destroyed. Then the Lord Precedent gave precedents of divers Tyrants that have suffered 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, Spain, Arragon, Rome, the Ephory of Lacidemonia, Scotland, nay the King's Grandmother, and so in England many precedents, both in the limbs 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 King's Tyranny they are loosed. Then the Lord Precedent declared wherein the King had been a Tyrant, Traitor, and murderer, and what God hath commanded to be written concerning a murderer, Gen. 9 and Numb. 35. and pressed the king in a sweet manner to repent of his sins. And he also declared the resolution of the Court, to go on in the work 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. FINIS. Jannu. 27. 1648. Imprimatur Theodore Jerming. LONDON, Printed by Robert Ibbitson. 1649.