State Trials, Political and Social. Volume 1 (of 2)
History
State Trials, Political and Social. Volume 1 (of 2)
Trials -- Great Britain
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.
Public-domain text, read in full here on John Shaqi.
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