O Yes made: Silence commanded; the court called; Serjeant Bradshaw Lord President (in a scarlet robe), with sixty-eight other members of the court.
As the King comes in, a Cry made in the Hall for Execution! Justice! Execution![25]
King—I shall desire a word to be heard a little, and I hope I shall give no occasion of interruption.
Lord President—You may answer in your time, hear the Court first.
King—If it please you, Sir, I desire to be heard, and I shall not give any occasion of interruption, and it is only in a word: a sudden Judgment.
Lord President—Sir, you shall be heard in due time, but you are to hear the Court first.
King—Sir, I desire—it will be in order to what I believe the Court will say; and therefore, Sir, an hasty Judgment is not so soon recalled.
Lord President—Sir, you shall be heard before the Judgment be given, and in the mean time you may forbear.
King—Well, Sir, shall I be heard before the Judgment be given?
Lord President—Gentlemen, it is well known to all, or most of you here present, that the Prisoner at the Bar hath been several times convened and brought before the Court to make answer to a Charge of Treason, and other high Crimes exhibited against him in the name of the people of England [Here a malignant lady (Lady Fairfax) interrupted the Court, saying 'Not half the People'; but she was soon silenced. See the Trial of Daniel Axtell, Oct. 15, 1660]; to which Charge being required to answer he hath been so far from obeying the commands of the Court by submitting to their justice, as he began to take upon him to offer reasoning and debate unto the Authority of the Court, and of the highest court that constituted them to try and judge him: but being over-ruled in that, and required to make his Answer, he was still pleased to continue contumacious, and to refuse to submit or answer. Hereupon the Court, that they may not be wanting to themselves, to the trust reposed in them, nor that any man's wilfulness prevent justice, they have thought fit to take the matter into their consideration, they have considered of the Charge, they have considered of the Contumacy, and of that Confession, which in law doth arise upon that contumacy; they have likewise considered of the notoriety of the fact charged upon this Prisoner, and upon the whole matter they are resolved, and have agreed upon a Sentence to be now pronounced against this Prisoner; but in respect he doth desire to be heard, before the Sentence be read and pronounced, the Court hath resolved that they will hear him. Yet, Sir, thus much I must tell you beforehand, which you have been minded of at other courts, that if that you have to say be to offer any debate concerning jurisdiction, you are not to be heard in it; you have offered it formerly, and you have indeed struck at the root, that is, the power and supreme authority of the Commons of England, which this Court will not admit a debate of; and which indeed is an irrational thing in them to do, being a court that acts upon authority derived from them, that they should presume to judge upon their superior, from whom there is no appeal. But, sir, if you have anything to say in defence of yourself concerning the matter charged, the Court hath given me in command to let you know they will hear you.