in hand, assuring them that they will stand by them in the way of
righteousness and justice, and not doubt of this power, being chosen
and appointed hereunto qy the representative body of this Kingdom
and seconded by the Army, who have subdued their enemies by the
sword, &c.
Thursday, Jan. 18.
AN Ordinance was read in he House for setting Courts of justice,
and the manner of issuing forth of writs, viz. That Subpoena
out of the Chancery and other writs of the said Court, shall for the
future run in the name of the Chancellor, or keeper of the great
Seal. And in other Courts in the name of the Judges of the said Courts;
and whereas in the ancient form of indictments have had this clause
Contrary to the peace of our sovereign Lord the King, his crown and dignity.
Instead there of these words are to be us d, All which you have
done contrary to the peace, justice and counsell of England.
This to be without any prejudice or interruption, to the proceedings
in Law, upon any writs issued forth in the old acc[unr]stomary way
untill this Ordinance be made publique.
The High Court of Justice for tryall of the King sate agiane in
Westminster. Hall, seventy three persons present. The King comes
in with his Guard looks with an austere countenance upon the Court
and sits down. M.c. Sollicitour generall moved the court in effect.
That whereas the prisoner at the Bar, instead of giving answer to the
charge against him, did still dispute the authority of the court. That
as according to law, if a prisoner shall as contumacious in contempt,
and shal not put in an issuable Plea, guilty or not guilty of the charge
given against him, whereby he may come to a fair Tryall; That as
by any implicate confession, it may be taken pro eon esso, as it hath
been done to those who have deserved more favour then the prisoner
at the Bar hath done, annd therefore that speedy Judgement be pronounced
against him. L.P. Sir, You have heard what is moved by
the councell on the behalf of the kingdom against you, and they are
very sensible of these delayes of yours, and that they ought not, being
thus authorized by the supreame court of England, be thus trifled
with all, and therefore you are to give your finall and positive answer,
in plain English, whether you be guilty or not guilty of the Treasons
laid to your charge, The king after a little pause, said, When I was
here yesterday, I did desire to speak for the Liberties of the people of