King—Sir, under favour, it was the Liberty, Freedom, and Laws of the subject, that ever I took—defended myself with arms; I never took up arms against the people, but for the laws.
Lord President—The command of the Court must be obeyed; no Answer will be given to the Charge.
King—Well, Sir!
And so he was guarded forth to sir Robert Cotton's house.
Then the Court adjourned to the Painted Chamber on Tuesday at 12 o'clock, and from thence they intend to adjourn to Westminster Hall; at which time all persons concerned are to give their attendance.
At the High Court of Justice sitting in Westminster Hall, Tuesday, January 23, 1649.
O Yes made, Silence commanded, the Court called, 73 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.
Mr. Cook, Solicitor-General—May it please your lordship, my lord President; this is now the third time, that by the great grace and favour of this High Court, the Prisoner hath been brought to the bar before any issue joined in the cause. My lord, I did at the first court exhibit a Charge against him, containing the highest Treasons that ever was wrought upon the theatre of England; That a king of England trusted to keep the law, that had taken an oath so to do, that had tribute paid him for that end, should be guilty of a wicked Design to subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government, in defiance 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, I did humbly move, that he might be required to give a direct and positive Answer, either by denying or confession of it; But, my lord, he was then pleased for to demur to the Jurisdiction of the Court; which the court did then over-rule, and commanded 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 trial; that, as by an implicit confession, it may be taken pro confesso, as it hath been done to those who have deserved more favour than 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 supreme 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 crystal, 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 England's behalf, several Witnesses to produce. And therefore 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.
Lord President—Sir, you have heard what is moved by the Counsel on the behalf of the kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget, what dilatory dealings the Court hath found at your hands. You were pleased to propound some Questions, you have had our Resolutions upon them. You were told, over and over again, That the Court did affirm their own jurisdiction; that it was not for you, nor any other man, to dispute the jurisdiction of the supreme 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 acknowledge 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 your's, and that they ought not, being thus authorised by the supreme Court of England, to 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 nevertheless they are pleased to give direction, and on their behalfs I do require you, that you make a positive 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.
The King, after a little pause, said,