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.

May it please your Lordship, my Lord President.

This is now the third time, that by the great grace and favor of this High Court the Prisoner hath been brought to the Bar before any issue joyned in the cause. My Lord, I did at the first Court exhibite a Charge against him, containing the highest Treason that ever was wrought upon the Theater of England, That a King of England, trusted to keep the Law, that had taken an Oath so to do, that had tribute payd him for that end, should be guilty of a wicked designe, 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, [Page 4] I did humbly move, that he might be required to give a direct and positive Answer, either by denying or confes [...]on of it; but (my Lord) he was then pleased for to demurre to the Jurisdiction of the Court, which the Court did then over-rule, 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 Judgment 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 Tryal; That as by an implicite Confession, it may be taken pro confesso, as it hath been done to those who have deserved more favor then 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 supream 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 chrystal, 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 Englands 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 Judgment; and therefore I do humbly pray, that speedy Judgment be pronounced against the Prisoner at the Bar.

Sir, You have heard what is moved by the Councel on the behalf of the Kingdom against 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 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 [...] [Page 5] it was not for you, nor any other man to dispute the Ju­risdiction of the supream 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 acknowledg 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 supream 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 Judgment against you, yet nevertheles they are pleased to give direction; and on their behalfs I do require you, That you make a possitive 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.

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?

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 [Page 6] 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 charg'd upon you.

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 Lawes; 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 spake 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 against the fundamentall Lawes of the Kingdome, by your favour I can put in no particular This is as the King express'd, but I sup­posed he meant An­swer. Charge: If you will give me time, I will shew you my reasons why I cannot do it, and this—

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 prisoner: I was in a Treaty upon the publique Faith of the Kingdome, that was the known [Page 7] —two Houses of Parliament that was the Repre­sentative of the Kingdome, and when that I had almost made an end of the Treaty, then I was hurried away and brought hither, and therefore—

Sir, You must know the pleasure of the Court.

By your favour Sir:

Nay Sir, by your favour, you may not be permitted to fall into those discourses; you ap­peare 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—

Do your duty.

Duty Sir!

Charles Stuart King of England, you are accused in the behalfe 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 finall an­swer by way of confession or deniall of the Charge.

Sir, I say againe to you, so that I might give satisfaction to the people of England of the cleer­nesse of my proceeding, not by way of answer, not in this way, but to satisfie 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 priviledges, to alter the fundamentall Lawes of the Kingdome, Sir you must excuse me.

Sir, this is the third time that you have publikely disown'd this Court, and put an affront upon it, how far you have preserv'd Priviledges of the people your actions have spoke it; but truly Sir, mens intentions ought to be knowne by their actions, you [Page 8] have written your meaning in bloodie Characters throughout the whole Kingdome; 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.

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.

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 appear'd, and had further to do at the Court, might de­part into the painted Chamber, to which place the Court did forthwith adjourne, and intended to meet in Westminster Hall by ten of the clock [...]ext morning.

God blesse the Kingdom of England.

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 affaires, in the Painted Chamber, they could not sit there, but all per­sons appointed to be there, were to appeare upon fur­ther Summons.