SIX serious queries Concerning the King's trial by the New High Court of Justice. 1. WHether a King of three distinct kingdoms, can be condemned and executed by one kingdom alone, without the concurrent consent, or against the judgement of the other two? 2. Whether, if the King be indicted or arraigned of high treason, he ought not to be tried by his peers? and whether those who are now nominated to try him, or any others within the kingdom, be his peers? 3. Whether if the King be triable in any Court, for any Treason against the kingdom, he ought not to be tried only in full Parliament, in the most solemn and public manner, before all the Members of both Houses, in as honourable a way, as Strafford was, in the beginning of this Parliament? And whether he ought not to have liberty and time to make his full defence, and the benefit of his learned council, in all matters of Law, that may arise, in or about his trial, or in demurring to the Jurisdiction of this illegal new Court, as Strafford and Canturbury had? 4. Whether one eight part only of the Members of the Commons house, meeting in the House, under the army's force, when all the rest of the Members are forcibly restrained, secluded, or scared away by the army's violence, and representing not above one eight part of the Counties, Cities, and Boroughs of the kingdom, without the consent and against the Vote of the majority of the Members, excluded and chased away, and of the House of peers, by any pretext of Authority, Law, or justice, can erect a New great Court of justice to try the King, in whom all the rest of the Members, peers and kingdom (being far the Major part) have a greater interest than they? Whether such an high Court can be erected without an Act of Parliament, or at least an Ordinance of both Houses, and a Commission under the Great seal of England? And if not, whether this can be properly called a Court of justice? and whether it be superior or inferior to those who erected it? who either cannot or dare not try and condemn the King in the Commons house; though they now style it The supreme authority of the kingdom; And whether all who shall sit as judges, or act as Officers in it, towards the deposing or taking away the King's life, be not really guilty of high Treason, and all those who were aiding or assenting to the erection thereof in such an irregular manner, by the Law, and statutes of this Realm? 5. Whether those who are professed Enemies to the King, and by their Remonstrances, Speeches and actions, profess they desire his blood and seek his life, can either in Law or Conscience be reputed competent Judges to try him for his life? It being a just exception to any juryman, who is to try the basest or poorest felon, and a legal challenge for which he must be withdrawn; that he is a professed enemy and prosecutor who seeks his life, and therefore no lawful nor indifferent trier of him for it. 6. Whether the trial and taking away of the King's life by such an illegal and arbitrary high Court of Justice, as this, will not prove a most dangerous inlet, to the absolutest tyranny and bloodiest butchery ever yet heard off or practised in this, or any other Nation? and a ready way to teach us, how to chop of one another's heads; till we are all destroyed? For if they may take away the King's head in it without, and against all rules of Law: then by the same or stronger reason, they may in like manner chop off the heads of any Nobleman, peer, Member, Gentleman, or inferior subject for any imaginary treason or offence, and confiscate their estates, there being no assurance they will stop at the Kings; And if those who are confessed to be the majority of the Commons house, and therefore excluded, or the Prince of Wales next heir to the crown, or the Malignant Party, or any other faction whatsoever which may arise, * The An●●●● of the general council of Officers, touching the secured and secluded Members Jan. 3. 1648. should at any time hereafter get the upper hand by the people's general adhering to them, or any divisions of the Army, or by any means God's providence should administer (who hath thousands of ways to pull down the proudest Tyrants, and dissipate the strongest Armies in a moment, as he did Shenacharibs, the Midianites, the Moabites and Ammonites, with sundry others recorded in sacred writ, and profane stories, and the Scotch Army but few months since) they may by like Authority and precedent erect the like new Court, to cut off the heads of all the Members now sitting, and of the present general council of the Army, and all the Commissioners acting in this new Court, and so fall a murdering and butchering one another, till we were all destroyed one by another, and made a spectacle of most unnatural Tyranny and cruelty to the whole World, Angels, and men, and a prey to our common Enemies. upon which consideration, let every man now seriously lay his hand upon his own breast, and sadly consider, what the bloody tragical issue of this new Phaleris Bull, may prove to him or his? and whether every free-born Englishman (Especial of Noblest birth and amplest estate,) be not deeply obleiged in point of prudence and conscience to use his utmost endeavour with hazard of life and estate, to prevent the Erection of such an exorbitant and illegal Authority, in the very rise and foundation, ere it be overlate; and not patiently suffer a rash inconsiderate number of Hotspurs (of mean condition and broken desperate Fortunes for the most part,) out of private malice, fear or designs to secure and enrich themselves by the ruins of others of better fortunes and quality; to set up such a new Shambles to Butcher and Quarter the King, Nobles, Parliament-men, Gentlemen, and persons of all conditions, as was never heard of among Pagans or Christians, from the Creation to this present, and will no way suit with our English soil, already overmuch watered with English blood; and so deeply engaged against all Arbitrary and tyrannical Usurpations and proceedings (especially capital) in any hands whatsoever, which have cost us so much blood and Treasure, to oppose and fight against for seven years' last past. FINIS.