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<DATE>2012-07-13</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
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<ITEM>Proofed and reviewed as part of batch B120610.apex.</ITEM>
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<VID>164897</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1" MS="y">
<P> Numb. 2.</P>
<P>A CONTINVATION OF THE NARRATIVE BEING The third and fourth days Proceedings OF THE High Court of Iu&s;tice Sitting in We&s;tmin&s;ter Hall <HI>Jan.</HI> 23.</P>
<P><HI>CONCERNING</HI> the <HI>TRYAL</HI> OF THE KING: With the &s;everall Speeches of the King, Lord Pre&s;ident, &amp; Solicitor General.</P>
<P>Publi&s;hed by Authority to prevent fal&s;e and impertinent Relations.</P>
<P>TO the&s;e Proceedings of the Tryall of the King, I &s;ay, <HI>Imprimatur, GIL<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">RT MA<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">O<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">.</HI></P>
<P><HI>London,</HI> Printed for <HI>John Playford,</HI> and are to be &s;old at his &s;hop in the <HI>Inner Temple, Jan.</HI> 25. 1648.</P>
<PB REF="2">
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="account">
<PB N="3" REF="2">
<HEAD><HI>At the High Court of Justice &s;itting in We&s;tmin&s;ter Hall,</HI> Tue&s;day, <HI>Jan.</HI> 23. 1648.</HEAD>
<P>O Yes made. Silence commanded. The Court called. Seventy three per&s;ons pre&s;ent.</P>
<P>The King comes in with his Guard, looks with an au&s;tere countenance upon the Court and &s;its down.</P>
<P>The &s;econd O Yes made, and &s;ilence commanded.</P>
<SP>
<SPEAKER>Mr <HI>Cook</HI> Solicitor General.</SPEAKER>
<P>May it plea&s;e your Lord&s;hip, my Lord Pre&s;ident.</P>
<P>This is now the third time, that by the great grace and favor of this High Court the Pri&s;oner hath been brought to the Bar before any i&s;&s;ue joyned in the cau&s;e. My Lord, I did at the fir&s;t Court exhibite a Charge again&s;t him, containing the highe&s;t Trea&s;on that ever was wrought upon the Theater of England, That a King of England, tru&s;ted to keep the Law, that had taken an Oath &s;o to do, that had tribute payd him for that end, &s;hould be guilty of a wicked de&s;igne, &s;ubvert and de&s;troy our Laws, and introduce an Arbi|trary and Tyrannical Government, in the defence of the Parliament and their Authority, &s;et up his Stand|ard for War again&s;t his Parliament and People; and I did humbly pray, in the behalf of the People of Eng|land, that he might &s;peedily be required to make an An&s;wer to the Charge.</P>
<P>But my Lord, in&s;tead of making any an&s;wer, he did then di&s;pute the Authority of this High Court; Your Lord&s;hip was plea&s;ed to give him a further day to con|&s;ider and to put in his An&s;wer, which day being ye&s;ter|day,
<PB N="4" REF="3"> I did humbly move, that he might be required to give a direct and po&s;itive An&s;wer, either by denying or confe&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">on of it; but (my Lord) he was then plea&s;ed for to demurre to the Juri&s;diction of the Court, which the Court did then over-rule, and command him to give a direct and po&s;itive An&s;wer. My Lord, Be&s;ides this great delay of Ju&s;tice, I &s;hall now humbly move your Lord&s;hip for &s;peedy Judgment again&s;t him. My Lord, I might pre&s;s your Lord&s;hip upon the whole, that according to the known Rules of the Law of the Land, That if a Pri&s;oner &s;hall &s;tand as contumacious in contempt, and &s;hall not put in an i&s;&s;uable Plea, guilty or not guilty of the Charge given again&s;t him, whereby he may come to a fair Tryal; That as by an implicite Confe&s;&s;ion, it may be taken <HI>pro confe&s;&s;o,</HI> as it hath been done to tho&s;e who have de&s;erved more favor then the Pri&s;oner at the Bar has done: But be&s;ides, my Lord, I &s;hall humbly pre&s;s your Lord&s;hip upon the whole fact; The Hou&s;e of Commons, the &s;upream Authority and Juri&s;diction 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 chry&s;tal, and as the Sun that &s;hines at noon day, which if your Lord&s;hip and the Court be not &s;atisfied in, I have notwith&s;tanding, on the People of Englands behalf, &s;everal witne&s;&s;es to produce: And <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">herefore I do humbly pray, and yet I mu&s;t confe&s;s it is not &s;o much I as the innocent blood that hath been &s;hed, the Cry whereof is very great for Ju&s;tice and Judgment; and therefore I do humbly pray, that &s;peedy Judgment be pronounced again&s;t the Pri&s;oner at the Bar.</P>
</SP>
<SP>
<SPEAKER>Lord Pre&s;ident.</SPEAKER>
<P>Sir, You have heard what is moved by the Councel on the behalf of the Kingdom again&s;t you. Sir, You may well remember, and if you do not, the Court cannot forget what delatory dealings the Court hath found at your hands, you were plea&s;ed to propound &s;ome Que&s;tions, you have had your Re&s;olu|tion upon them. You were told over and over again, That the Court did affirm their own Juri&s;diction, tha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">
<PB N="5" REF="3"> it was not for you, nor any other man to di&s;pute the Ju|ri&s;diction of the &s;upream and highe&s;t Authority of <HI>England,</HI> from which there is no Appeal, and touching which there mu&s;t be no di&s;pute; yet you did per&s;i&s;t in &s;uch carriage, as you gave no manner of obedience, nor did you acknowledg any Authority in them, nor the high Court, that con&s;tituted this Court of Ju&s;tice.</P>
<P>Sir, I mu&s;t let you know from the Court, that they are very &s;en&s;ible of the&s;e delays of yours, and that they ought not, being thus authorized by the &s;upream Court of <HI>England,</HI> be thus trifled withal, and that they might in Ju&s;tice, if they plea&s;ed, and according to the Rules of Ju&s;tice, take advantage of the&s;e delays, and pro|ceed to pronounce Judgment again&s;t you, yet nevertheles they are plea&s;ed to give direction; and on their behalfs I do require you, That you make a po&s;&s;itive An&s;wer unto this Charge that is again&s;t you Sir, in plain terms, for Ju&s;tice knows no re&s;pect of per&s;ons; you are to give your po&s;itive and final An&s;wer in plain Engli&s;h, whether you be guilty or not guilty of the&s;e Trea&s;ons laid to your Charge.</P>
</SP>
<SP>
<STAGE>The King after a little pau&s;e, &s;aid,</STAGE>
<P>When I was here ye&s;terday I did de&s;ire to &s;peak for the Liberties of the People of <HI>England;</HI> I was in|terrupted: I de&s;ire to know yet whether I may &s;peak freely or not?</P>
</SP>
<SP>
<SPEAKER>Lord Pre&s;ident.</SPEAKER>
<P>Sir, You have had the Re&s;olution of the Court upon the like Que&s;tion the la&s;t day, and you were told, that having &s;uch Charge of &s;o high a Nature again&s;t you, and your Work was, that you ought to acknowledge the JURISDICTION of the COURT, and to an&s;wer to your CHARGE. Sir, If you
<PB N="6" REF="4"> an&s;wer to your Charge, which the Court gives you leave now to do, though they might have taken the ad|vantage of your contempt; yet if you be able to an&s;wer to your Charge, when you have once an&s;wered, you &s;hall be heard at large, make the be&s;t Defence you can. But Sir I mu&s;t let you know from the Court, as their commands, that you are not to be permitted to i&s;&s;ue out into any other di&s;cour&s;es, till &s;uch time as you have gi|ven a po&s;itive an&s;wer concerning the matter that is charg'd upon you.</P>
</SP>
<SP>
<SPEAKER>The King.</SPEAKER>
<P>For the Charge, I value it not a ru&s;h, it is the Liberty of the People of England that I &s;tand for; for me to acknowledge a new Court that I never heard of before, I that am your King, that &s;hould be an ex|ample to all the people of England for to uphold Ju|&s;tice, to maintain the old Lawes; indeed I do not know how to do it; you &s;poke very well the fir&s;t 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 &s;ame Obligation you &s;pake of, I do acknowledge to God that I owe to him, and to my People, to defend as much as in me lies the ancient Lawes of the Kingdome, therefore untill that I may know that this is not again&s;t the fundamentall Lawes of the Kingdome, by your favour I can put in no particular <NOTE N="*" PLACE="marg">This is as the King expre&s;s'd, but I &s;up|po&s;ed he meant An|&s;wer.</NOTE> Charge: If you will give me time, I will &s;hew you my rea&s;ons why I cannot do it, and this&mdash;</P>
<STAGE>Here being interrupted, he &s;aid,</STAGE>
<P>By your favour, you ought not to interrupt me; how I came here I know not, ther's no Law for it to make your King your pri&s;oner: I was in a Treaty upon the publique Faith of the Kingdome, that was the known
<PB N="7" REF="4"> &mdash;two Hou&s;es of Parliament that was the Repre|&s;entative of the Kingdome, and when that I had almo&s;t made an end of the Treaty, then I was hurried away and brought hither, and therefore&mdash;</P>
</SP>
<SP>
<STAGE>Here the Lord Pre&s;ident &s;aid;</STAGE>
<P>Sir, You mu&s;t know the plea&s;ure of the Court.</P>
</SP>
<SP>
<SPEAKER>The King.</SPEAKER>
<P>By your favour Sir:</P>
</SP>
<SP>
<SPEAKER>Lord Pre&s;ident.</SPEAKER>
<P>Nay Sir, by your favour, you may not be permitted to fall into tho&s;e di&s;cour&s;es; you ap|peare 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 po&s;itive An&s;wer&mdash;</P>
</SP>
<SP>
<SPEAKER>Clark.</SPEAKER>
<P>Do your duty.</P>
</SP>
<SP>
<SPEAKER>The King.</SPEAKER>
<P>Duty Sir!</P>
</SP>
<SP>
<STAGE>The Clark reads:</STAGE>
<P>Charles Stuart <HI>King of England, you are accu&s;ed in the behalfe of the Commons of England of divers high crimes and Trea&s;ons, which Charge hath been read unto you, the Court now requires you to give your po&s;itive and finall an|&s;wer by way of confe&s;sion or deniall of the Charge.</HI></P>
</SP>
<SP>
<SPEAKER>The King.</SPEAKER>
<P>Sir, I &s;ay againe to you, &s;o that I might give &s;atisfaction to the people of England of the cleer|ne&s;&s;e of my proceeding, not by way of an&s;wer, not in this way, but to &s;atisfie them that I have done nothing again&s;t that Tru&s;t that hath been committed to me, I would do it; but to acknowledge a new Court again&s;t their priviledges, to alter the fundamentall Lawes of the Kingdome, Sir you mu&s;t excu&s;e me.</P>
</SP>
<SP>
<SPEAKER>Lord Pre&s;ident.</SPEAKER>
<P>Sir, this is the third time that you have publikely di&s;own'd this Court, and put an affront upon it, how far you have pre&s;erv'd Priviledges of the people your actions have &s;poke it; but truly Sir, mens intentions ought to be knowne by their actions, you
<PB N="8" REF="5"> have written your meaning in bloodie Characters throughout the whole Kingdome; but Sir you under|&s;tand the plea&s;ure of the Court,&mdash;Clerk record the default,&mdash;and Gentlemen you that took charge of the Pri&s;oner, take him back again.</P>
</SP>
<SP>
<SPEAKER>The King.</SPEAKER>
<P>I will only &s;ay this one word more to you, if it were only my own particular I would not &s;ay any more nor interrupt you.</P>
</SP>
<SP>
<SPEAKER>Lord Pre&s;ident.</SPEAKER>
<P>Sir, You have heard the plea&s;ure of the Court, and you are (notwith&s;tanding you will not under&s;tand it) to find that you are before a Court of Ju|&s;tice.</P>
<P>Then the King went forth with his Guard, and Pro|clamation was made, that all per&s;ons which had then appear'd, and had further to do at the Court, might de|part into the painted Chamber, to which place the Court did forthwith adjourne, and intended to meet in We&s;tmin&s;ter Hall by ten of the clock <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ext morning.</P>
</SP>
<SP>
<SPEAKER>Cryer.</SPEAKER>
<P>God ble&s;&s;e the Kingdom of England.</P>
</SP>
</DIV1>
<DIV1 TYPE="account">
<HEAD><HI>Wedne&s;day January</HI> 24. 1648.</HEAD>
<P>THis day it was expected the high Court of Ju&s;tice would have met in We&s;tmin&s;ter Hall, about ten of the clock, but at the time appointed one of the U&s;hers by direction of the Court (then &s;itting in the Painted Chamber) gave notice to the People there a&s;&s;embled, That in regard the Court was then upon the examina|tion of Witne&s;&s;es in relation to pre&s;ent affaires, in the Painted Chamber, they could not &s;it there, but all per|&s;ons appointed to be there, were to appeare upon fur|ther Summons.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
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