SIX SERIOVS QVAERIES Concerning the KINGS Triall by the New High Court of Justice.

1. WHether a King of three distinct Kingdomes, can be condemned and executed by one kingdome 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 tryed by his Peeres? and whether those who are now nominated to try him, or any others within the kingdome, be his Peeres?

3. Whether if the King be triable in any Court, for any Treason against the kingdome, he ought not to be tryed onely in full Parliament, in the most solemne and publique 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 Councell, in all matters of Law, that may arise, in or about his triall, or in demur­ring to the Jurisdiction of this illegall new Court, as Strafford and Canturbury had?

4. Whether one eight part onely of the Members of the Commons house, meeting in the House, under the Armies force, when all the rest of the Members are forcibly restrained, secluded, or scared away by the Armies violence, and representing not above one eight part of the Counties, Cities, and Boroughs of the Kingdome, without the consent and against the Vote of the majority of the Members, excluded and chased away, and of the House of Peeres, by any pretext of Authority, Law, or Iustice, can erect a New great Court of Iustice to try the King, in whom all the rest of the Members, Peeres and kingdome (being farre the Major part) have a greater interest then 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 Seale of England? And if not, whether this can be properly called a Court of Iustice? and whether it be superiour or inferiour to those who erected it? who either cannot or dare not try and condemn the King in the Commons house; though they now stile it The Supreame authority of the kingdom; And whether all who shall sit as Iudges, or act as Officers in it, towards the deposing or taking away the Kings 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. VVhether those who are professed Enemies to the King, and by their Remonstrances, Speeches and actions, professe they de­sire his blood and seeke 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 Iury-man, who is to try the basest or poorest felon, and a legal chalenge for which he must be withdrawne; that he is a professed enemy and prosecutor who seekes his life, and therefore no lawfull nor indefferent trier of him for it.

6. Whether the triall and taking away of the Kings life by such an illegall and arbitrary high Court of Justice, as this, will not prove a most dangerous inlet, to the absolutest tiranny and bloodiest butchery ever yet heard off or practized in this, or any other Nation? and a ready way to teach us, how to chop of one anothers heads; till we are all destroyed? For if they may take away the Kings 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, Peere, Member, Gentleman, or inferiour Subiect 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 Maiority of the Com­mons house, and therefore excluded, or the Prince of Wales next Heire to the Crowne, or the Malignant Party, or any other faction whatsoever which may arise,The An [...] of the Generall Councell of Offi­cers, touching the se­cured and secluded Members Jan. 3. 1648. should at any time hereafter get the upper hand by the peoples generall adhearing to them, or any divisions of the Army, or by any meanes Gods providence should administer (who hath thousands of wayes to pul 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 prophane stories, and the Scotch Army but few moneths since) they may by like Authority and president erect the like new Court, to cut off the heads of all the Members now sitting, and of the pre­sent Generall Councell of the Army, and all the Commissioners acting in this new Court, and so fall a murthering and butchering one another, till wee were all destroyed one by another, and made a spectacle of most unnaturall Tyranny and cruelty to the whole World, Angels, and men, and a prey to our commmon Enemies. Vpon which consideration, let every man now seriously lay his hand upon his owne breast, and sadly consider, what the bloody tragicall issue of this new Phaleris Bull, may prove to him or his? and whether every Free-bornne Englishman (especiall of Noblest birth and amplest estate,) be not deepely 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 illegall Authority, in the very rise and foundation, ere it be overlate; and not patiently suffer a rash inconsiderate number of Hotspurs (of meane condition and broken desperate Fortunes for the most part,) out of private malice, feare or designes to secure and enrich them selves by the ruines of others of better fortunes and quallity; 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 suite with our English soile, already over-much watred with English blood; and so deepely ingaged against all Arbitrary and Tyrannicall Usurpations and proceedings (especially capitall) in any hands whatsoever, which have cost us so much blood and Treasure, to oppose and fight against for seaven years last past.


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