The Lord President in a short Speech acquainted the King with the cause of his being brought thither; that it was in order to his Trial upon a Charge against him by the Commons of England, which was then to be read, and the King to give his answer thereunto.
His Majesty made an offer to speak something before reading of the Charge, but upon some interruption was silent. And then his Charge was read, by which he was charged, by the name of Charles Stuart King of England, as guilty of all the Blood that hath been shed in these Wars at Keynton, Brentford, Newbury, and such other places as he was present at in Arms against the Parliament, and other particulars very large. The King smiled at the reading of his Charge, and after reading of it demanded of the Lord President, by what lawful Authority he was brought thither? Being answered, In the name of the COMMONS of England: He replied, he saw no Lords there, which should make a Parliament, including the King; and urged, That the Kingdom of England was hereditary and not successive; and that he should betray his Trust, if he acknowledged or answer’d to them, for that he was not convinced they were a lawful Authority. So that after he had been often commanded to answer, and refused, he was remanded to Sir Robert Cotton’s House, and afterwards removed back to St. James’s, where he lay this night; and the Court adjourned till Monday 10 a Clock in the Forenoon, further to consider of this business.
Monday, January 22.
The Court being sat, O Yes made, and silence commanded, the King was sent for; whereupon Mr Solicitor Cook moved the Court, That whereas he had at the last Court, in the behalf of the Commons of England, exhibited a Charge of High Treason, and other High Crimes, against the Prisoner at the Bar, whereof he stands accused in the name of the People of England, and the Charge was read, and his Answer required, he was not then pleased to give answer, but instead of answering, did there dispute the Authority of this High Court: His humble Motion was, That the Prisoner may be directed to make a positive answer, either by way of Confession or Negation, which if he shall refuse to do, that the matter of charge may be taken pro confesso, and the Court may proceed according to Justice.
Lord President. Sir, You may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason, and other High Crimes against this Realm of England, and instead of answering, you interrogated the Court’s Authority and Jurisdiction. Sir, The Authority is the Commons of England in Parliament assembled, who require your answer to the Charge either by confessing or denying.
King. When I was here last, ’tis very true I made that Question: And truly if it were only my own particular case, I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court, and that a King cannot be tried by any superiour Jurisdiction on Earth: but it is not my case alone, it is the freedom and the liberty of the People of England; and do you pretend what you will, I stand more for their Liberties: for if Power without Law may make Laws, may alter the fundamental Laws of the Kingdom, I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own: Therefore when that I came here, I did expect particular Reasons to know by what Law, what Authority you did proceed against me here: And therefore I am a little to seek what to say to you in this particular, because the Affirmative is to be proved; the Negative often is very hard to do, but since I cannot perswade you to it, I shall tell you my Reasons as short as I can.
My Reasons why in Conscience and Duty I owe to God first, and my People next, for the preservation of their Lives, Liberties, and Estates; I conceive I cannot answer this till I be satisfied of the legality of it. All Proceedings against any Man whatsoever——
Lord President. Sir, I must interrupt you, which I would not do, but that what you do is not agreeable to the Proceedings of any Court of Justice; you are about to enter into argument and dispute concerning the Authority of this Court, before whom you appear as a Prisoner, and are charged as a High Delinquent. If you take upon you to dispute the Authority of the Court, we may not do it: nor will any Court give way unto it. You are to submit to it: you are to give a punctual and direct answer, whether you will answer your Charge or no, and what your answer is.
King. Sir by your favour, I do not know the Forms of Law, I do know Law and Reason, though I am no Lawyer professed. But I know as much Law as any Gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more than you do; and therefore if I should impose a Belief upon any without Reasons given for it, it were unreasonable; but I must tell you, that by that Reason that I have as thus informed, I cannot yield unto it.
Lord President. Sir, I must interrupt you, you may not be permitted: you speak of Law and Reason; it is fit there should be Law and Reason, and there is both against you, Sir: the Vote of the Commons of England assembled in Parliament, it is the Reason of the Kingdom; and they are these two that have given being to that Law according to which you should have ruled and reigned. Sir, you are not to dispute our Authority, you are told it again by the Court: Sir, it will be taken notice of that you stand in contempt of the Court, and your Contempt will be recorded accordingly.