THE PROCEEDINGS OF THE High Court of Iustice, With CHARLS STƲART, late King of England, in Westminster Hall, Begun January 20. ended Ianuary 27, 1648:
Together with his Speech on the Scaffold at his Execution at Whitehall gate, Jan. 30. 1648.
Whereunto is added his prayers in the time of his sufferings: And also, his Speeches to his chi [...]dren; with a Letter from the Prince.
Together with his Reasons against the Jurisdiction of the High court of Iustice, which he intended to deliver in writing on Munday, Jan. 22. 1648.
LONDON, Printed for VV. B. 1655.
The first dayes proceedings of the High Court of Justice, in the Tryal of Charls Stuart, King of England, in the great hall in Westminster, Jan. 20. 1648.
ON Saturday, being the twentieth day of January 1648. The Lord Bradshaw President of the High Court of Justice, wi [...] neer fourscore of the Members of th [...] said Court, having sixteen Gentlemen with Partizans, and a Sword, and a Mace, with their, and other Officers of the said Court, marching before them, came to the place ordered to be prepared for their sitting, at the West end of the great Hall in West [...]inster, where the Lord President in a [...]rimson Velvet Chair, fixed in the midst of the Court, placed himself, having a Desk with a Crimson Velvet Cus [...]n before him; The rest of the [Page 2] Members placing themselves on each side of him upon the severall Seats, or Benches, prepared and hung with Scarlet for that purpose, and the Partizans dividing themselves on each side of the Court before them:
The Court being thus set, and silence made, the great Gate of the said Hall was set open to the end, That all persons, without exception, desirous to see, or hear, might come into it, upon which the Hall was presently filled, and silence again ordered.
This done Collonel Thomlinson who had the charge of the Prisoner, was commanded to bring him to the Court, who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him, there being other Gentlemen, to whose care and custody he was likewise committed, marching in his Rear.
Being thus brought up within the [Page 3] face of the Court, the Serjeant at Arms, with his Mace, receives and conducts him straight to the B r, [...]aving a crimson velvet Chair set before him. After a stern looking upon the Court, and the people in the Galleries on each side of him, he places himself, not at at all moving his ha [...], or otherwise shewing the least respect, to the Court; but presently rises up again, and turns about, looking downwards upon the Guards placed on the left side, and on the multitude of spectators on the right side of the said great Hall. After silence made among the people, The Act of Parliament, for the trying of CHARS STƲART King of England, was read over by the Clerk of the Court, who sate on one side of the Table covered with a rich Turky Carpet, and placed at the feet of the said Lord President, upon which table was also laid the Sword and Mace.
After reading the said Act, the several names of the Commissioners were called over, every one who wa [...] present, being eighty, as aforesaid, rising up, and answering to his call.
Having again placed himself in his Chair, with his face towards the Court, silence being again ordered, the Lord President stood up and said.
CHARLS STƲART, King of England; the Commons of England assembled in Parliament, being deeply sensible of the Calamities that have been brought upon this Nation (which is f [...]xed upon you as the principall Author of it) have resolved to make inquisition for Blood, and according to that Debt and duty they owe to Justice, to God, the Kingdome, and themselves, and according to the Fundamental Power that rests in themselves, they have resolved to bring you to tryall and Iu [...]gment, and for that purpose have [Page 5] constituted this High Court of J [...] stice, before which you are brought.
This said, M. Cook Attorney for the Commonwealth (standing within a Bar on the right hand of the Prisoner) offered to speak, but the King having a staff in hi [...] hand, held it up. and laid it upon the said M. Cooks shoulder two or three times, bidding him hold; nevertheless, the Lord President ordering him to go on, he said:
My Lord, I am commanded to charge Charls Stuart King of England, in the name of the Commons of England, with Treason and high Misdemeanors; I desire the said Charge may be read.
The said Charge being deliverd to the Clerk of the Court, the Lord President ordered it should be read, but the King bid him hold: nevertheless, being commanded by the Lord President to read it, the Clerk begun.
The Charge of the Commons of England against Charls Stuart King of England, of high Treason, and other high crimes, exhibited to the High Court of Iustice.
THat the said Charls Stuart being admitted King of England, and therein trus [...]ed with a limited Power, to govern by, and according to the Laws of the Land, and not otherwise; and by his Trust Oath, and Office, being obliged to use the power committed to him, for the good and benefit of the people, and for the preservation of their rights and liberties yet nevertheless out of a wicked design, to erect, and uphold in himself an unlimited and Tyrannicall power to rule according to his Will, and to overthrow the Rights and Liberties of the people; yea, to take away, and make void the foundations, thereof and of all redress and remedy of misgovernment, which by the fundamentall Constitutions of [Page 7] this Kingdome, were reserve on the peoples behalf, in the right and power of frequent and successive parliaments, or National meetings in Councel; he, the said Charls Stuart, for accomplishment of such his designs and for protecting of himsef and his adherents, in his, and their wicked practises to the same Ends, hath trayterously and maliciously levyed War against the present Parliament, and the people therein represented
Particularly, upon or about the thirtieth day of June, in the year of our Lord, One thousand six hundred fourty and two at Beverley in the County of York, and upon or about the thirtieth day of July in the yeere aforesaid, in the County of the city of York, and upon or abou [...] the twe [...] ty fourth day of August, in the same yeare, at the County of the town of Nottingham, when, and where hee set up his Standard of Warr. [Page 8] And upon, or about the twenty third day of Octob [...]r in the same year, at Edge Hill and K [...]inton field, in the County of Warwick and upon, or about the thirtieth day of November, in the same year, at Brainford, in the County of Middesex: and upon, or about the thirtieth day of August, in the year of our Lord, one thousand six hundred forty and three, at Cavesham Bridge, neer Reding, in the County of Berks: and upon, or about the thirtieth day of October, in the year last mentioned, at, or neer the City of Glocester; and upon. or about the thirtieth day of November, in the year last mentioned, at Newberry, in the County of Berks, and upon, or about the one and thirtieth day of July, in the year of our Lord, one thousand six hundred forty and four, at Copredy-Bridge, in the County of Oxon: and upon, or about the thirtieth day of September, in the year last mentioned, [Page 9] at Bodmin, and other places neer adjacent, in the County of Cornwall; and upon, or about the thirtieth day of November, in the year last m [...]ntioned, at Newbery aforesaid: and upon, or about the eighth day of Iune, in the year of our Lord, one thousand six hundred forty and five, at the town of Leicester: and also upon the fourteenth day of the same month, in the same year, at Naseby field, in the County of Northampton, at which severall times and places, or most of them, and at many other places in this Land, at several other times, within the yeer afore mentioned: and in the year o [...] our Lord, one thousand six hundred forty and six: he the said Charls Stuar [...] hath caused and procured many thousands of the Free-People of the nation to be slain, and by Divisions, Parties, and Jnsurrections, within this land, by invasions from Forraign parts, endeavoured and procured by him, and [Page 10] & by many other evil ways & means, he the said Charls Stuart, hath not only maintained and carried on the said war, both by Land and Sea, during the years before mentioned; but also hath renewed, or caused to be renewed, the said War against the parliament, and good people of this Nation, in this present, one ye [...]r thousand six hundred fourty and eight, in the County of Kent, Essex, Surrey, Sussex, Middlesex, and many other counties and places in England and Wales, and also by Sea: and particularly, he the said Charls Stuart, hath for that purpose, given Commission to his son, the Prince, and others; whereby, be [...]es multitudes of other persons, many such as were by the parliament intrusted and imployed for the safety, of the Nation, being by him or his Agents corrupted, to the betraying of their trust, and revolting from the parliament, have had [Page 11] entertainment and commission, for the continuing and renewing of war and Hostility, against the said parliament and people as aforesaid. By which cruell and unnaturall Wars by him the said CHARLS STVART, levyed, continued and renewed, as aforesaid, much Innocent Blood of the Free-people of this nation hath been spilt: many Families heve been undone, the publike treasury wasted and exhausted, Trad [...] obstructed, and miserably decayed [...] vast expence and damage to the n [...] rion incurred, and many parts o [...] the Land spoyled, some of them even to Desolation.
And for further prosecution of his said evil Designs, he, the said Charls Stuart, doth stil continue his commissions to the said prince, and other Rebels and Revolters, both English and Forreigners, and to the Earle of Ormand, and to the Irish Rebels, and [Page 12] Revolters, associated with him: from whom further Jnvasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charls Stuart.
All which wicked Designs, VVars, and evil practises of him, the said Charls Stuart, have been, and are carryed on, for the advancing and upholding of the pesonal interest of will and power, and pretended Prerogative to himself and his family, against the publique interest, Common Right, Liberty, Justice, and peace of the people of this nation, by, and for whom he was entrusted, as aforesaid:
By all which it appeareth, that he, the said Charls Stuart, hath been, and is the occasioner, Author, and Contriver of the said unnaturall, cruell, and bloody Wars, and therein guilty of all the Treasons, Murthers, Rapines, burnings, Spoils, Desolations, Damage, and mischief to this nation, acted or [Page 13] committed in the said Wars, or occasioned thereby.
And the said John Cook, by protestation having on the behalf of the people of England, the liberty of exhibiting at any time hereafter any other Charge against the said Charls Stuart; and also of replying to the answers which the said Charls Stuart shall make to the premises, or any of them, or any other Charge that shall be so exhibited, doth for the said Treasons [...]nd Crimes, on the behalf of the said people of England, Impeach the said Charls Stuart as a Tyrant, Trayto [...] Murtherer, and a publike, and Imp [...] cable Enemy to the Commonwealt [...] of England. And pray, that the sai [...] Charls Stuart, King of England, may be put to answer all, and every the Premises, that such proceedings, examinations, tryals, sentence, and judgment, may be thereupon had, as shall be agreeable to Justice.
IT is observed, that the time the Charge was reading, the King sate down in his Chair, looking sometimes on the Court, somtimes up to the Galleries, and having risen again and turned about to behold the Guards, and spectators, sate down, ooking very sternly with a countenance not at all moved, til these words, viz. Charls Stuart to be a Tyrant and Traytor, &c. were read, at which he laughed as he sate in the face of the Court.
The charge being read the Lord president replyed:
Sir, you have now heard your charge read, containing such matters as appears in it; you find, that in the close of it, it is prayed to to the Court, in the behalf of the Commons of England, that you answer to your Charge. The Court expects your answer.
I would know by what power I am called hither; I was not long ago in the Jsle of Wight, how I came there, is a longer story than I think is fit at this time for me to speak of; but there I entred into a TREATY with both Houses of parliament with as much publique faith as it's possible to bee had of any people in the World: I treated there with a number of Honorable Lords and Gentlemen, and treated honestly and uprightly, I cannot say but they did very nobly with me, wee were upon a conclusion of the Treaty. Now I would know by what Authority, I mean lawful, there are many unlawful authorities in the world, Theeves and Robbers by the high way, but I would know by what authority I was brought f om thence, and carryed from [...]lace to place, and I know not what [Page 16] and when I know by what lawful authority, I shall answer: Remember I am your king, and what sins you bring upon your heards, and the judgment of God upon this Land, think well upon it, I say, think wel upon it, before you go further from one sin in a greater; therefore let me know by what lawful authority I am seated here, and I shall not be unwilling to answer, in the mean time I shall not betray my trust, I have a trust committed to me by God, by old and lawfu [...] descent, I wil not betray it to answer to a new unlawfull authority, [...]ore resolve me that, and you shall hear more of me.
If you had been pleased to have observed, what was hinted to you by the Court, at your first coming hither, you would have known by what authority; which authority requires you, in the name of the people of England, of which [Page 19] you are elected King, to answer them.
No Sir, I deny that.
If you acknowledg not the authority of the Court, they must procced.
I do tel them so, England was never an Elective Kingdome, but an hereditary Kingdom for neer these thousand years, therefore let me know by what authority I am called hither. I do stand more for the Liberty of my people than any here, that come to be my pretended Judges and therefore let me know, by what lawfull Authority I am seated here, and I will answer it, otherwise I will not answer it.
Sir, how really you have managed your Trust, is known: your way of answer is to interrogate the Court, which beseems not you in this condition. You have been told of it twice or thrice.
Here is a Gentleman, [Page 18] Lievt. Col. Corbet, ask him if he did not bring me from the Isle of Wight by force? I do not come here as subm [...]t ing to the Court; I will stand as much for the priviledge of the house of Commons, rightly understood, as any man here whatsoever. I see no House of Lords here that may constitute a parliament, and the King too should have been. Is this the bringing of the King to his parliament? Is this the bringing an end to the Treaty in the publike Faith of the World? Let me see a legall authority warrranted by the Word of God, the Scriptures, or warranted by the constitutions of the Kingdome, and I will Answer.
Sir, you have propounded a Question, and have been answered, seeing you will not answer, the Court will consider how to proceed, in the mean time, [Page 19] those that brought you hither, are to take charge of you back again.
The Court desires to know whether this be all the answer you will give, or no.
Sir, I desire that you would give me, and all the World, satisfaction in this, let mee tell you, it is not a slight thing you are about I, am sworn to keepe the peace by that duty I owe to God and my Country, and I will do it to the last breath of my Body, and therefore you shall do well to satisfie, first God, and then the Country, by what Authority you do it, if you do it by a usurped Authority, that will not last long, There is a GOD in Heaven that will call you, and all that give you power, to account: Satisfie me in that, and I will Answer, otherwise I betray my Trust, [Page 20] and the liberties of the people, and therefore think of that, and then I shall be willing. For I do avow, that it is as great a sin to withstand lawful authority, as it is to submit to a Tyrannicall, or any other ways unlawful authority and therefore satisfie God, and me, and all the World in that, and you shall receive my answer; I am not afraid of the bill.
The Court expects you should give them a finall answer [...]heir purpose is to adjourn till Munday next, if you do not satisfie your self, though we do tel you our authorrity; we are satisfied with our authority, and it is upon Gods Authority and the Kingdoms, and that peace you speak of wil be kept in the doing of Justice, and that's our present work.
Let me tel you, if you wil shew me what lawful authority you have, I shal be satisfied: but that you have said, satisfies no reasonable man.
That's in your apprehension: we think it reasonable that are your Judges.
'Tis not my apprehension, nor yours neither, that ought to decide it.
The Court hath heard you, and you are to be disposed of as they have commanded. Two things were remarkable in this days proceedings.
1. It is to be observed, that as the charge was reading against the King, the silver head of his staff fel off, the which he wondred at, and seeing none to take it up, he stooped for it himself.
2. That as the King was going away, he looked with a very austere countenance upon the Court, with stirring of his Hat replyed, wel Sir, when the Lord president commanded the Guard to take him away; and at his going down he said, J do not fear that, pointing with his staff at the sword. [Page 22] The people in the hall, as he went down the stairs cryed out, some, God save the King, and some for Justice.
O ye [...] being called, the Court adjourned til Monday next, Ianuary 22. at 9. in the morning to the painted Chamber, and from thence to the same place again in Wistminster Hall.
At the high Court of Iustice sitting in VVestminster Hall, Monday, Ianuary 22. 1648.
O Yes made: Silence commanded. The Court called, and answered to their names.
Silence commanded upon pain of imprisonment, and the Captain of the Guard to apprehend all such as make disturbance.
Upon the Kings comming in, a shout was made,
Command given by the Court to the Captain of the Guard to fetch and take into his custody, those who make any disturbance.
May it please your Lordship, my Lord President.
I did at the last Court in the behalf of the Commons of England, exhibit and give into this Court a Charge of High Treason, and other high Crimes, against the prisoner at the Bar, whereof I do accuse him in the name of the people of England, and the Charge was read unto him, and his answer required. My Lord, hee was not then pleased to give an Answer, but instead of answering, did there dispute the Authority of this high Court. My humble motion to this high Court, in behalf of the Kingdome of England, is, That the prisoner may be directed to make a positive Answer, [...]i her by way of Consession 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.
Sir, you may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge against you, containing a Charge of High Treason, and other▪ high Crimes, against this Realm of England: you heard likewise, that it was prayed in the behalf of the people that you should give an answer to that Charge, that thereupon such proceedings might be had as should be agreeable to justice; you were then pleased to make some scruples concerning the Authority of this Court, and knew not by what authority you were brought hither; you did divers times propound your questions, and were as often answered, That it was by authority of the Commons of England assembled in Parliament, that did think fit to call you to account for those high and capita [...] misdemeanours wherewith you were [Page 25] then charged: Since that, the Court hath taken into consideration what you then said, they are fully satisfied with their own authority, and they hold it fit you should stand satisfied with it too: and they do require it, that you do give a positive and particular answer to this Charge that is exhibited against you, they do expect you should either confess or deny it, if you deny, it is offered in the behalf of the Kingdome to be made go [...] against you, their authority they do avow to the whole World, that the whole Kingdome are to rest satisfied in, and you are to rest satisfied with it, and therefore you are to lose no more time, but to give a positive Answer thereunto.
When I was here last, 'tis true, I made that question, and truly if it were only my own particular case, I would have satisfyed my self [Page 26] with the protestation I made the last time I was here against the legality of this Court, and that a King cannot be tryed by any Superior Iurisdiction 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 wil, I stand more for their liberties, for if power without law may make laws, may alter the [...]damental laws of the kingdom, [...] know what Subject he is in England, that can be sure of his life, or any thing that he calls his own; therfore 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 doe; but since I cannot perswade you to do it, I shall tel you my reasons as short as I can.
[Page 27]My reasons why in conscience, and the 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—
Sir, I must interrupt you, which I would not do, but t [...]a what you do is not agreeable to the [...]ceeding of any Court of Justice, yo [...] [...]re about to enter into argument, and dispute concerning the authority of this Court, before whom you appear as a Prisoner, and are charged as an 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 unto it, you are to give in a punctal and direct answer, wh [...] ther you will answer your Charge or no, and what your answer is.
Sir, by your favor, I do not know the f [...]rms 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 beliefe upon any man without reasons given for it, it were unreasonable; but I must tel you, that that reason that I have as thus formed, I cannot yeild unto it.
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 too that have given that Law, according to which you should have ruled and raigned: Sir, you are not to dispute [Page 29] our authority; you are told it again by the Court, Sir, it wil be taken notice of, that you stand in contempt of the Court, and your contempt wil be recorded accordingly.
I do not know how a King can be a Delinquent, not by any Law that ever I heard of, all men, Delinquents, or what you wil, let me tel you, they may put in Demurrer [...] against any proceeding as legal, and I do demand that, and demand to be heard with my reasons, if you deny that, you deny reason.
Sir, you have offered somthing to the Court, I shall speak something unto you the sense of the Court. Sir, neither you nor any man are to dispute that point, you are concluded, you may not demur the Jurisdiction of the Court, if you do, I must let you know, that they overrule your Demurrer, they sit here by the authority of the Commons of [Page 30] England, and all your predecessors, and you are responsible to them.
I deny that, shew me one president.
Sir, you ought not to interrupt while the Court is speaking to you, this point is not to be debated by you, neither will the Court permit you to do it, if you offer it by way of Demurrer to the Jurisdiction of the Court, they have consider [...]d of their Jurisdiction, they do affirm their own Jurisdiction.
I say Sir, by your favor, that the commons of England was never a court of Judicature, I would know how they came to be so.
Sir, you are not to be permitted to go on in that speech, and these discours [...]s.
Then the Clerk of the Court read, as followeth.
Charls Stuart King of England, you have been accused on the behalf of the [Page 31] people of England, of high Treason, and other high Crimes, the Court have determined that you ought to answer th [...] same.
I will answer the same so soon as I know by what authority you do this:
If this be all that yo [...] will say, then, Gentlemen, you tha [...] brought the Prisoner hither, take charge of him back again.
I do require that I ma [...] give in my reasons why J do not answer, and give me time for that.
Sir, tis not for prisoners to require.
Prisone [...]s? sir, J am no an ordinary prisoner.
The court hath co [...] sider [...]d of their jurisdiction, and the have already affirmed their jurisdict [...] on; if you wil not answer, we sha [...] give order to record your default.
You never heard my re [...] sons yet.
Sir, your Reasons are not to be heard against the highest Jurisdiction.
Shew me that Jurisdiction where reason is not be heard.
Sir, we shew it [...]ou here, the Commons of England; [...]nd the next time you are brought, you will know more of the pleasure of the Court, and, it may be, their fi [...]all determination.
Shew me where ever [...]he House of Commons was a Court [...]f Judicature of that kind.
Serjeant, take away [...]he Prisoner.
Wel sir, remember [...]hat the King is not suffered to give [...] his Reasons for the Libertie and [...]reedome of all his subjects.
Sir, you are not [...]o have Liberty to use this lan [...]age; how great a friend you have [...]en to the Law and liberties of the [Page 33] people, let all England and the wo [...] judg.
Sir under favour, it w [...] the Liberty, Freedome, and La [...] of the Subject that ever I too [...] —defended my self with Arms never took up Arms against the pe [...] ple, but for the Laws.
The command [...] the court must be obeyed; no an [...]wer will be given to the charge [...].
Wel sir.
Then the Lord President ordere [...] the default to be recorded, and th [...] contempt of the Court and that n [...] answer would be given to the charge
And so was guarded forth to Sir Robert Cottons house.
Then the Court adjourned to th [...] painted Chamber on Tuesday a [...] twelve a clock, and from thence the [...] intend to adjourn to Westminster Hal [...] at which time all persons concerne [...] are to give their attendance;
At the high Court of Justice sitting in Westminster Hall, Tuesday Jan. 23. 1648.
O Yes made, Silence commanded.
The Court called, Seventy three [...]ersons present.
The King comes in with his Guard, [...]ooks with an austere countenance [...]pon the Court; and sits down.
The second O Yes made, and silence [...]ommanded.
Solicitor General, may it please your Lordshiy, my Lord President.
This is now the third time, that by [...]he great grace and favour of this [...]igh Court, the prisoner hath been [...]rought to the B [...]r before any issue [...]oyned in the cause. My Lord, I did at [...]he first Court exhibite a Charge a [...]ainst him, containing the highest [...]reason that ever was wrought upon [...]he Theatre of England: that a King [...]f England, trusted to keep the Law, [Page 35] that had taken an oath so to do, tha [...] had tribute paid him for that en [...] should be guilty of a wicked desig [...] subvert and destroy our Laws, and introduce an Arbitrary, and Tycannica [...] Government, in the defence of the pa [...] liament and their authority, set up h [...] Standard for War against his Parli [...] ment and people, and I did humbl [...] pray, in the behalf of the people of E [...] gland, that he might speedily be requ [...] red to make answer to the Charge.
But my Lord, instead of makin [...] [...]ny answer, he did then dispute t [...] authority of this High Court, yo [...] Lordship was pleased to give him further day to consider and to p [...] in his answer, which day bei [...] yesterday, I did humbly move, th [...] he might be required to give a dire [...] and positive answer, either by d [...] nying or confession of it, but n [...] Lord, hee was then pleasad for [...] demur to the jurisdiction of t [...] [Page 36] Court, which the Court did then o [...]er-rule, and command him to give a [...]rect and positive answer. My Lord, [...]esides this great delay of Iustice, I [...]al now humbly move your Lordship [...]or speedy judgment against him: My [...]ord, I might press your Lordship up [...]n the whole, that according to the [...]nown Rules of the Law of the Land, [...]at if a prisoner shall stand as con [...]macious in contempt, and shall not [...]at in an issuable plea, guilty, or not [...]uilty of the Charge given against [...]m, whereby he may come to a faire [...]ryal; that as by an implicite confesi [...]n it may be taken pro confesso, as it [...]th been done to those who have [...]served more favor than the prisoner [...] the Bar hath done: But besides, my [...]rd, I shall humbly press your Lord [...]ip upon the whole Fact; the House [...] Commons, the supreme authority [...]d jurisdiction of the Kingdome, [...]ey have declared; That it is notorious, [Page 37] that the matter of the Charge is true, as it is in truth, my Lord, as clear as Chrystal, 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 Englands 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) that speedy judgment be pronounced [...]gainst the prisoner at the bar.
Sir, You have heard what is moved by the Council on the behalf of the Kingdome against you, sir, you may well remember, and if you do not, the Court cannot forget what delatory dealings the court hath found at your hands, you were pleased to propound some Questions, you have had your resolution upon them You were told over and over againe [Page 38] That the Court did affirm their own Jurisdiction: that it was not for you nor any man, to dispute the Jurisdiction of the supream 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 acknowledg 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 yours, and that they ought not, being thus authorized by the supream Court of England, to be thus trifled withall, and that they might in justice, if they pleased, and [...]ccording to the rules of justice, take advantage of these delays, and proceed to pronounce judgment [...]gainst you; yet nevertheless they [...]re pleased to give direction, and on [Page 39] their behalf, I do require you, that you make a positive answer unto the charge that is against you, sir, in plain terms, for Justice knows no respect of persons: you are to give your positive and finall 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, When I was here yesterday, I did desire to speak for the Liberties of the people of England; I was interrupted: I desire to know yet whether I may speak freely or not.
Sir, you have heard the resolution of the court upon the like question the last day, and you were told, that having such a Charge of so high a nature against you, and your work was, that you ought to acknowledg the jurisdiction of the court, and to answer to your Charge. Sir, if you answer [...]o your Charge, which the court gives you leave now to do, though they might [Page 40] have taken the advantage of your contempt, yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best defence you can: But Sir, I must let you know from the Court, as their commands, that you are not to be permitted to issue out into any other discourses, till such time as you have given a positive answer concerning the matter that is charged upon you.
For the Charge, I value it not a R [...]sh, it is the Liberty of the people of England that I stand for, for me to acknowledg a new Court that I never heard of before, I that am your King, that should be an example to all the people of England for to uphold Justice, to maintain the old Laws; indeed I do not know how to do it, you spoke very well the first day that I came here, on Saturday of the Obligations that I had laid upon me [Page 41] by God, to the maintenance of the Liberties of my people: The same Obligation you speak of, I do acknowledg to God, that I owe to him, and [...] my people, to defend as much as [...]e lies, the ancient Laws of the Kingdom, therefore until that I may know that this is not against the Fundamental Laws of the kingdom, by your favour I can put in no particularThis is as the King express'd. Charge; if you will give me time, I will shew you my reasons why, but J suposed — I cannot do it, and this —he means ans.
Here being interrupted he said By your favor, you ought not to inte [...]upt me, how I came here I know not, there's no Law for it, to make [...]our King your Prisoner: J was in a Treaty upon the publique faith of the Kingdome, that was the known [...] two Houses at Parliament that [Page 42] was the representive of the Kingdom, and when that I had almost made an end of the Treaty, then I was hurried away, and brought hither and therefore —
Here the Lord president said, Sir, you must know the pleasure of the Court.
by your favor Sir,
Nay Sir, by your favour, you may not be permitted to fal into those discourses, you appear as a Delinquent, you have not acknowledged the au [...]horitie of the Court, the Court craves it not of you, but once more t [...]ey command you, to give your positive answer—Clerk do your duty
Duty Sir!
Charls Stuart King of England, You are accused in the behalf of the commons of England, of divers high crimes and treasons, which charge hath been read unto you; the Court now requires you to [Page 43] give your positive and finall answer, by way of confession or denial of the charge.
Sir, I say again to you, so that I might give satisfaction to the people of England of the clearness of my proceeding, not by way of answer, nor in this way, but to satisfie them that I have done nothing against that trust that hath been committed to me, I would do it; but to ackowledg a new Court against their priviledges, to alter the fundamental Laws of the Kingdome, Sir, you must excuse me.
Sir, this is the third time that you have publiquely disowned this Court, and put an affront upon it; how far you have preserved priviledges of the people, your actions have spoke it, but truly Sir, mens intentions ought to be known by their actions, you have written your meaning in bloody Characters throughout the whole Kingdome, but Sir, you understand the pleasure of the [Page 44] court — Clerk Record the default— and Gentlemen you that took charge of the prisoner, take him back again.
I wil onely say this one word more to you, if it were onely My own particular, I would not say any more nor interrupt you.
Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it] to finde that you are before a Court of Justice.
Then the King went forth with his Guard, and proclamation was made, that all persons who had then appeard and had further to doe at the Court, might depart into the Painted Chamber, to which place the Court did forthwith adjourn, and intended to meet in Westminster Hall by ten of the clock the next morning.
God bless the Kingdom of England.
Wednesday, January 24 1648.
THis day it was expected the high Court of Iustice should have met in VVestminster Hall about ten of the clock, but at the time appointed, one of the Vshers by direction of the Court, then sitting in the Painted Chamber, gave notice to the people there assembled, that in regard the court was then upon the examination of Witnesses in relation to present affairs, in the painted Chamber, they could not sit there: but all persons appointed to be there, were to appear upon further summons.
The proceedings of the High Court of Justice sitting in Westminster Hall, on Saturday the 27. of Ianuary, 1648.
O Yes made; Silence commanded. The Court called, Serjeant Bradshaw, Lord president in a Scarlet to be, with 68. other Members of the Court.
As the King comes in, a cry made [Page 46] in the Hall for execution justice, execution.
I shall desire a word to be heard a little, and I hope I shal give no occasion of interruption.
You may answer in your time, hear the Court first.
Jf it please you, Sir, I desire to be heard, and I shall not give any occasion or interruption, and it is only in a word, a sudden judgment—
Sir, you shall be heard in due time, but you are to hear the Court first.
Sir, I desire it, it wil be in order to what I believe the Court will say, and therefore sir, a hasty judgment is not so soon recalled.
Sir, you shall be heard before the judgment be given, and in the meantime you may forbeare.
Wel Sir, sha [...]l I be heard hefore the judgment be given.
Gentlemen, it is well known to all, or most of you here present, that the prisoner at the bar hath been severall times convented and [...]rought before the Court to make [...]nswer to a Charge of Treason, and other high Crimes exhibited against him in the name of the people ofH [...] e a mal [...]gna [...] lad [...] [...] the [...] saying, [...]ot half the people; b t sh e was so [...]n Silence [...]. England; to which Charge being required to Answer, Hee hath been so farre from obeying the Commands of the Court by submitting to their Iustice, as Hee 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 judg him; but being overru [...]ed in that, & req [...]ired co make his answer, he was still pleased to continue contumacious, & to refuse to submit or answer: Hereupon t [...]e court that they [Page 48] may not be waning to themselves, to the trust reposed in them, nor that any mans wilfulness prevent justice, they have thought fit to take the matter into their consideration: they have considered of the contumacy, and of that confession, which in Law doth arise pon 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 wil hear him; yet Sir, thus much I must tel you before-hand, which you have been minded of at other Courts; that if that you have to say be to off [...]r any d [...]bate concerning jurisd [...]ction, you are not to be heard in it, you have offered it formerly, and [Page 49] you have indeed struck at the root, that is the power and supream authority of the Commons of England, which this Court will not admit a debate of, and which indeed is an irrationall thing in them to do, being a Court that acts upon Authority derived from them, that they should presume to judg upon their superiority, from whom there, no Appeal: But Sir, if you have any thing to say in defence of your self concerning the matters charged, the Court hath given me command to let you know they will hear you.
Since that I see that you wil not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, J shall speak nothing to it; but onely I must [...] you, that this many a day all things have been taken away from me, but [Page 50] that that I call more deare to mee then my Life, which is, My Conscience and my Honour; and if I had respect to my life more than the peace of the Kingdome, the Libertie of the Subject, certainlie I should have made a particular defence for my selfe, for by that at least-wise I might have delayed an uglie sentence, which J believe wil pass upon me: therefore certainlie sir, as a man that hath some understanding, so [...]e knowledge of the world, if that my true zeale to my Countrie had not over born the care that I have of my own preservation, I should have gone another way to work than that I have done: now Sir I conceive, that an hastie sentence once past, may be sooner repented then recalled, and trulie, the self same desire that I have for the peace of the kingdome, and the Liberty of the subiect more than my own particular, does make me now at last desire, that having somthing [Page] for to say that concerns both, I desire before sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons, this delay cannot be prej [...]dicial to you whatsoever I say, if I say no reason, those that heare me must be Judges, I cannot be Judg of that that J have, if it be reason, and reallie for the welfare of the Kingdom, and the libertie of the Subject, J am sure on't verie well 'tis worth the hearing; therefore I do conjure you, as you love that you pretend, J hope it's reall the libertie of the subject, the peace of the Kingdome, that you wil grant me the hearing before any sentence be passed, J onlie desire this, that you wil take this into your consideration, it may be you have not heard of it before hand, if you wil i'le retire, & you may think of it, but if I cannot get this libertie, I do here protest that so fair shews of libertie and Peace are pure shews, and not otherwise then that You will [Page 52] not hear your KING:
Sir, you have now spoker?
Yes Sir.
And this that you have said is a further declining of the ju isdiction of this Court, which was the thing wherein you were limited before.
Pray excuse me Sir, for my interruption, because you mistake me, it is not a declining of it, you do judg me before you hear me speak, I say it wil not, I do not decline it, though I cannot acknowledg the jurisdiction of the Court: yet sir, in this give me leave to say, I would do it, though I did not acknowledg it in this, I do protest it is not the declining of it, since I say, if that I do say any thing but that, that is for the Peace of the Kingdom and the Libertie of the subject, then the shame is mine. Now I desire, that you will take this into your [Page 53] consideration, if you wil Ile withdraw.
Sir, this it not altogether new that you have moved unto us, not altogether new to us, though the first time in person you have offered it to the Court, Sir, you say you do not decline the jurisdiction of the Court▪
Not in this that I have said▪
I understand you wel Sir, but nevertheless that which you have offered, seems to be contrary to that saying of yours; for the Court are ready to give a sentence: it is not as you say, that they will not hear your King, for they have been ready to hear you, they have patiently waited your pleasure for three Courts together to hear what you would say to the peoples Charge against you▪ to which you have not vouchsafed to give any answer at all: sir, this tend [...] to a further delay: truly sir, such delays as these, neither may the Kingdom, [Page 54] nor Justice wel bear; you have had three several daies to have offered in this kind what you would have pleased; This Court is founded upon that Authoritie of the Commons of England, in whom rests the supreme jurisdiction, that which you now tender is to have another jurisdiction, and a coordinate Jurisdiction: I know verie wel you express your self, Sir, that notwithstanding that you would offer to the Lords and Commons in the Painted Chamber, yet nevertheless you would proceed on here, I did hear you say so, but sir, that you would offer there, whatever it is must needs be in delay, of the Iust [...]ce here; so as if this Court be resolved, and prepared for the sentence, this that you offer they are not bound in justice to grant [...] but sir, according to that you se [...]m to desire, and because you shall know the further pleasu [...]e of the Court upon that which [Page 55] you have moved, the Court will withdraw for a time.
Shall I with draw?
Sir, you shall know the pleasure of the Court presently. The Court withdraws for half an hour into the Court of Wards.
Serjeant at Arms, the Court give [...] command that the prisoner be withdrawn, and they give order for hi [...] return again.
The Court withdraws for half an hour and returns:
Serjeant at Arms send fo [...] your prisoner.
Sir, you were pleased to make a motion here to the Court, to offer a desire of yours touching the propounding of somwhat to the Lords in the painted Chamber for the peace o [...] the Kingdom, sir, you did in eff [...]c [...] receiue an answer before the Cour [...] adjourned: Truly Sir, their withdrawing and adjournment was pro formatantum, [Page 56] for it did not seem to them [...]hat there was any difficultie in the [...]hing, they have considered of what [...]ou have moved, and have considered of their own Authoritie, which is [...]ounded, as hath been often said, upon [...]he supream authoritie of the Commons of England assembled in Parliament. The Court acts according [...]y to their commission, sir, the return [...] have to you from the Court, is this, [...]hat they have been too much delayed by you already, and this that you now offer hath occasioned some little further delay, and they are Judges appointed by the highest Judges, and Judges are no more to delay, then they are to denie justice, they are good words in the old. Charter of England: Nulli negabimus, nulli vendemus, nulli deferemus Iustitiam, There must be no delay, but the truth is sir, and so every man here observes it, that you have much delayed them in your contempt [Page 57] and default, for which they migh [...] long since have proceeded to judg [...] ment against you, and notwithstandin [...] what you have offered, they are r [...] solved to proceed to punishment, an [...] to judgment, and that is their unan [...] mous resolution.
Sir, I know it is in vain so me to dispute, I am no Sceptick for t [...] denie the power that you have, [...] know that you have power enough Sir, I confess, I think it would ha [...] been for the kingdoms Peace, if yo [...] would have taken the pains for t [...] have shown the lawfulness of you [...] power, for this delay that I have des [...] red, I confess it is a delay, but it is [...] delay verie important for the peace [...] the Kingdom, for it is not my perso [...] that I look on alone, it is the kingdo [...] welfare, and the kingdoms peace, it [...] an old sentence, That we should this [...] on long before we have resolved of gre [...] matters suddenly: therefore sir, I [...] [Page 58] [...]y again, that I do put at your doors [...]l the inconveniency of an hasty [...]entence, I confesse J haue been here [...]ow I think this week, this day eight [...]ys was the day I came here first. [...]t a little delay of a day or two [...]rther may giue peace, whereas an [...]asty judgment may bring on that [...]ouble and perpetual inconveniency [...] the Kingdome, that the child that [...] unborn may repent it; and therefore [...]ain, out of the duty I owe to God [...]d to my Countrey, I do desire that [...] may be heard by the Lords and [...]ommons in the painted Chamber, [...]any other that you will appoint me.
Sir, you have been alrea [...] answered to what you even [...]w moved being the same you mo [...]d before, since the resolution and [...] judgment of the Court in it, [...]d the Court now requires to [...]ow whether you have any more [...] say for your self, then you haue [Page 59] said, before they proceed to Sentence:
I say this, sir, That if you wil hear me, if you wil giue me but this delay, I doubt not but I shall giue some satisfaction to you all here, and to my people after that, and therefore I do require you, as you wil answer it at the dreadfull day of Judgment, that you wil consider it once again.
Sir I haue receiued direction from the Court.
Wel sir.
If this must be reenforced or any thing of this natu [...]e, your answer must be the same, and they will proceed to sentence, if you haue no more to say.
I haue nothing more to say, but I shall desire that this may be entred what I haue said.
The Court then sir hath somthing to say unto you, which although I know it will be uerie unacceptable, yet notwithstanding, they are willing & are resolued to discharge their duty
[Page 60]Sir, you speak very wel of a precious thing that you call peace, and it had been much to be wished that God had put it into your heart, that you had as effectualy and really endeavoured and studied the peace of the kingdom, as now in words you seem to pretend, but as you were told the other day, Actions must expound intentions, yet actions have been clean contrary, and truly, Sir, it doth appear plainly enough to them, that you have gone upon very erronious principles, [...]he kingdom hath felt it to their smart, and it wil be no ease to you to [...]hink of it, for Sir, you have held your self, and let fall such language, as [...]f you had been no ways subject to [...]he Law, or that the Law had not [...]een your superior. Sir the Court is [...]ery wel sensible of it, and I hope so [...]re all the understanding people of [...]ngland, that the Law is your supe [...]or, that you ought to have ruled according [Page 61] to the Law, you ought to have done so Sir, J know very well your pretence hath been that you have done so, but Sir, the difference hath been who shall be the Expositors of this Law; Sir, whether you and your party out of Courts of Justice shall take upon them to ex [...]ound Law, or the Courts o [...] Justice, who are the expounders; nay, the Soveraign and the High Court of Justice, the parliament of England, who are not only the highest expounders, but the sole [...]akers of the Law. Sir, for you to set your self with your single judgment, and those that adhere unto you against the Highest Court of Justice, that is not Law Sir, as the Law is your superior, so truly sir, there is somthing that is superior to the Law, and tha [...] is indeed the Parent or Author of the law, and that is the people of England▪ for Sir, as they are those that at th [...] first, as other Countries have done [Page 62] did chose to themselves this form of Government, even for justice sake, that justice might be administred, that peace might be preserved; so sir, they gave Laws to their Governors, according to which they should govern; & if those Laws should have proued inconuenient, or prejudiciall to the publique, they had a power in them, and reserved to themselves to alter as they shall see cause; sir, it is very true, what some of your side have said, Rex non habet parem in Regno; This Court wil say the same, while King, that you have not your Peer in some sense, for you are Major singulis, but they will aver again, that you are Minor universis, and the same Author tels you that in exhibitione juris, there you have no power, but in ‘quasi mivimus.’
This we know to be Law, Rex habet [...]uperiorem, Deum & Legem, etiam & curiam, and so saies the same [Page 63] Author, and truly Sir, he makes bol [...] to go a little further, Debentei ponere frenum, They ought to bridle him, and sir, we know very wel the stories ef old; Those, Wars that waye called Barons Wars, when the Nobility of the Land did stand out for the Liberty and property of the subiect, and would not suffer the Kings that did invade to play the Tyrants freer, but called them to account for it, we know that truth, that they did F [...]enum ponere, but sir, if they do forbear to do their duty now and are not so mindful of their own Honor and the Kingdoms good, as the Barons of England will not be unmindfull of what is for their preservation, and for their safety, Justitia fruendi, causa Reges constituti sunt! This we learn the end of having Kings or any other Governors it's for the enjoying of Iustice, that's the end. Now Sir, if so be the King will goe contrary to the end of his GOVERNMENT Sir, hee [Page 64] must understand that he is but an Officer of trust, and he ought to discharge that trust, and they are to take order for the animadversion and punishment of such an offending Governor.
This is not Law of yesterday sir, since the time of the division betwixt you and your people, but it is Law of old; and we know very well the Authors and the Authorities that do tel us what the Law was in that point upon the election of Kings, upon the Oath that they took unto their people, and if they did not observe it, there were those things called Parliaments; the Parliaments were they that were to adjudg, the very words of the Author, the plaints and wrongs done of the King and the Queen, or their Children, such wrong especiallie when the people could have no where else any remedie. Sir, that hath been the people of Englands case, they could not have their remedy else where but in Parliament.
[Page 65]Sir, Parliaments were ordained for that purpose to redress the grievances of the people, that was their main end; and truly sir, if so be that the Kings of England had been rightly mindfull of themselves, they were never more in Majesty and state then in the parliament: but how forgetful some have been, stories have told us; we have a miserable, a lamentable, a sad experience of it, sir, by the old Laws of England, J speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledg in the Law, as most Gentlemen in England, it is very wel sir. And truly Sir, it is very good for the Gentlemen of England to understand that Law under which they must live, and by which they must be g [...]verned, and then Sir, the Scriptures says, They that know their Master wil and do it not, what follows, the Law is your Master, the acts of parliament.
[Page 66]The parliaments were to be kept anciently we find in our Author twice in the year, that the subject upon any occasion might have a ready remedy and redress for his grievance. Afterwards by several acts of parliament in the days of your predecessor Edw. the 3 they must have been once a year. Sir, what intermission of Parliaments hath been in your time it is very wel known, and the sad consequences of it, and what in the interim instead of these Parliaments, hath been by you by an high and arbitrary hand introduced upon the people, that likewise hath been too wel known & felt, but when God by his providence had so brought it about, that you could no longer decline the calling of a parliament, sir yet it wil appear what your ends were aginst the ancient and your native kingdome of Scotland: the parliament of England not serving your ends against them, you were pleased to dissolve it. Another great necessity occasioned [Page 67] the calling of this parliament, and what your designs & plots & endeavours all along have been for the ruining & confounding of this parliament, hath been very notorious to the whole kingdom; & truly sir, in that you did strike at all, that had been a sure way to have brought about that that this lays upon you, your intentions to subvert the fundamental laws of the land. For the great bulwark of libertie of the people, is the parliament of England and to subvert and root up that wch your aim hath bin to do, certainly at one blow you had confounded the liberties and the property of England. Truly sit, it makes me call to mind, I cannot forbeare to express it, for sir. we must deal plainly with you, according to the merits of your cause, so is our Commission, it makes me call to mind (these proceedings of yours) that we raad of a great Roman Emperor, by [...]he way let us cal him a great Roman [Page 68] Caligula, that wisht that the people of Rome had had but one neck, that at one blow he might cut it off. and your proceedings hath been somwhat like to this, for the body of the people of England hath been, and where else represented but in the parliament, and could you have but confounded that, you had at one blow cut off the neck of England, but God hath reserved better things for us, and hath pleased for to confound your designs, and to break your Forces, and to bring your person into Custody that you might be responsible to Justice.
Sir, we know very wel that it is a question on your side very much prest, by what president we shall proceed? Truly sir, for presidents, J shall not upon these occasions institute any long discourse but it is no new thing to cite presidents almost of all Nations, where the people when power hath been in their hands, have been made bold to call their Kings to account, and where the change of Government [Page 69] hath upon occasion of the Ty [...]anny and mis-Government of those that have been placed over them, J wil not spend time to mention France or Spain, or the Empire, or other countries, volumes may be written of them, but truly sir, that of the Kingdom of Arragon, I shall think some of us have thought upon it, when they have the justice of Arragon, that is a man tanquam in medio positus, betwixt the King of Spain & the people of the Countrey, that if wrong be done by the King he that is the King of Arragon, the Justice hath power to reform the wrong and he is acknowledged to be the Kings superior, and is the grand preserver of their priviledges, and hath prosecuted Kings upon their miscarriages.
Sir what the Tribunes of Rome were heretofore, and what the Ephori were [...]o the Lacedemonian State, we know [...]hat is the parliament of England to the English State, and though Rome seem to [...]ave lost its Liberty, when once the [Page 70] Emperors were, yet you shall finde some famous Acts of Justice even done by the Senate of Rome, that great Tyrant of his time. Nero, condemned and iudged by the Senate.
But truly Sir, to you I should not mention these Forraign examples and stories. If you look but over Tweed, we finde enough in your native kingdom of Scotland. If we look to your first King Fergustus, that your stories make mention of, he was an elective King, he dyed, and left two Sons both in their minority, the Kingdome made choice of their Unkle his Brother to govern in the minority, afterwards the elder Brother giving small hopes to the people that he would rule or govern wel, seeking to supplant that good Unkle of his that Gouerned then justly, they set the elder aside, and took to the younger, sir, if J should come to what your stories make mention of, you know uery well you are the 109, King [Page 71] of Scotland, for to mention so many Kings as that Kingdome according co their power and priviledges have made bold to deal withall, some to banish, and some to imprison, and some put to death, it would be too long; and as one of your Authors says, it would be too long to recite the manifold examples that your own stories make mention of, Reges say they, we do create, we created Kings at first, Leges, &c. We imp [...]sed Laws upon them, and as they are chosen by the suffrages of the people at the first, so upon just occasion, by the same suff [...]ages, they may be taken down again: and we will be bold to say, that no Kingdome hath yeilded more plentifull experience then that your Native Kingdome of Scotland hath done concerning that deposition, and the punishment of their offending and transgressing Kings, &c.
[Page 72]It is not far to go for an example neer you, your Grandmother set aside and your Father an Infant crowned, and the State did it here in England, here hath not been a want of some examples, they have made bold, the Parliament and people of England, to call their Kings to account, here are frequent examples of it in the Saxons times, the time before the conquest, since the Conquest there wants not some Presidents neither, King Ed. the 2. K. Richard 2. they were dealt with so by the parliament, as they were deposed and deprived: and truly sir, who ever shal look into their stories, they shall not finde the Articles that are charged upon them to come neer to that height and capitalness of Crimes that are laid to your charge, nothing neer.
Sir, you were pleased to say the other day, wherein they discent, and I did not contradict it, but take altogether, [Page 73] Sir, if you were as the charge speaks, and no otherwise admitted King of England, but for that you were pleased then to alledg, how that almost for a thousand yeeres these things have been, stories wil tell you, if you goe no higher then the time of the Conquest, if you do come down since the Conquest, you are the 24th. King, from William called the Conqueror, you shal find one half of them to come meerly from the State, and not meerly upon the point of descent, it were easie to be instanced to you, the time must not be lost that way. And truly Sir, what a grave and learned Judge in his time, and wel known to you, and is since printed for posterity That although there was such a thing as a Descent many times, yet the King of England ever held the greatest assurance of their Titles when it was declared by Parliament: And Sir, your Oath, the manner of your Coronation doth [Page 74] shew plainly, that thh Kings of England, although its true by the Law, the next person in blood is designed: yet if there were just cause to refuse him, the people of England might do it. For there is a Contract and Bargain made between the King and his people, and your Oath is taken, and certainly Sir, the Bond is reciprocall, for as you are the liege Lord, so they liege Subjects, and wee know very well that hath been so much spoken of, Ligantis est duplex. This wee know now, the one tye, the one Bond, is the Bond of perfection which is dew from the Soveraigne, the other is the Bond of subjection, that is due from the Subject Sir, if this Bond be once broken, farewell Soveraignty, Subjectio trahit &c.
These things may not bee denyed Sir, I speake it th [...] [Page 75] rather, and I pray God it may work upon your heart, that you may be sensible of your miscarriages; For whether you have been, as by your Office you ought to be a Protector of England, or the destroyer of England, let all England judg, or all the world that hath looked upon it Sir, though you have it by Inheritance, in the way that is spoken of, yet it must not be denyed that your Office was an Office of Trust, and an Office of the highest Trust lodged in any single person; For as you were the grand Administrator of Justice, and others were as your delegates to see it done throughout your Realms, if your great Office were to do Justice, and preserve your people from wrong, and instead of doing that, you will be the great wrong-doer your self; if instead of being a Conservater of the peace, you wil be the Grand disturber of the peace, surely [Page 76] this is contrary to your office, contrary to your Trust. Now sir, if it be an off [...]ce o [...] inheritancne, as you speak of your Title by Descent, let all men know, that great offices are seizable and forfeitable, as if you had it but for a year, and for your life, therefore sir, it wil concern you to take into your serious consideration your great miscarriages in this kind.
Truly Sir, I shall not particularize the many miscarriages of your Reign whatsoever, they are famously known it had been happy for the Kingdome, and happy for you too, if it had not been so much known, and so much felt, as the storie of your miscarriages must needs be, and hath been already.
Sir, that that we are now upon by the command of the highest Court hath been and is, to try and judge you for great offences of yours. Sir, the charge hath called you Tyrant, a Traytor a Murtherer, and a publique enemy to the [Page 77] Commonwealth of England. Sir, it had been well, if that any of al these terms might rightly and justly have been spared, if any one of them at all.
Ha?
Truly sir, we have been told Rex est dum bene Regit, Tyranrus qui populum apprimei, and if so be that be the difinition of a Tyrant, then see how you come [...]hort of it in your Actions, whether the highest Tyrant by that way of Arbitrary Government, and that you have sought for to introduce, and that you have sought to put, you were putting upon the p [...]ople, whether that was not as high an Act of Tirannie as anie of your predecessors were guiltie of, nay, many degrees beyond it.
Sir, the term Traytor cannot be spared, we shall easily agree it must denote and suppose a breach of Trust, and it must suppose it to be done by a superior, and therefore sir, as the people [Page 78] of England, might have incurred that respecting you, if they had been truly guilty of it, as to the definition of Law: so on the other side, when you did break your ttust to the Kingdom, you did break your trust to your superior, for the Kingdome is that for which you were trusted: and therefore sir, for this breach of trust when you are called to account, you are called to account by your superiors, Minimus ad Majorem in judicium vocat. And Sir, the people of England cannot be so far wanting to themselves, which God having dealt so miraculously and gloriously for, they having power in their hands and their great enemy they must proceed to do Justice to themselves and to you, for sir, the Court could heartily desire, that you would lay your hand upon your heart and consider what you have done amiss, that you would endeavor to ma [...]e your peace [Page 79] with God. Truly sir, These are your high crimes, Tyranny and Treason
There is a third thing too if those had not been, and that is Murther▪ which is laid to your charge. All the bloody Murthers, that have b [...]en committed since this time that the div [...] sion was betwixt you and your peopl [...] must be layd to your charge, tha [...] have been acted or commited in thes [...] late wars: sir it is an heinou [...] and crying sin; and truly Sir, if an [...] man wil ask us what punishment i [...] due to a Murtherer, let Gods Law [...] let mans Law speak. Sir, I wil [...] presume that you are so well read i [...] scripture as to know what God himself hath said concerning the sheddin [...] of mans blood, Gen. 9. Numb. 35 wiil tel you what the punishmen [...] is, and which this Court in behalf [...] the Kingdome are sensible of, of th [...] innocent blood that has been [Page 80] shed, whereby indeed the Land stands [...]till defiled with that blood, and as [...]he Text hath it, Jt can no way bee [...]leansed, but with the shedding of the [...]lood of him that shed the blood: Sir, [...]e know no D [...]spensation from this [...]lood in that Commandment, Thou [...]halt do no murther; we do not know [...]ut that it ex [...]ends to Kings as well as [...]o the meanest Peasants, the meanest [...]f the people, the command is uni [...]ersall. Sir, Gods Law forbids it, Mans [...]aw forbids it, nor do we know tha [...] [...]here is any manner of exception, not [...]ven in mans laws, for the punishment [...]f murther in you. 'Tis true, that in [...]he case of Kings every privat hand was [...]or to put forth it sel e to this work [...]or their reformation and punishment. [...]ut Sir, the people represented having [...]ower in their hands, had there been [...]u [...] one wilful act of murther by you [...]ommitted, had power to have con [...]ented you, and to punish you for it. [...] [Page] [Page] [Page] [Page] [Page 85] that you would hear me concerning those great imputations that you have laid unto my charge.
Sir, you must give me now leave to go on, for I am not far from your sentence, and your time is now past.
But I shall desire you wil hear me a few words to you, for truly what ever Sentence you wil put upon me, in respect of those heavy imputations that I see by your speech you [...]ve put upon me, Sir, it is very true that—
Sir, J must put you in mind, sir, I would not willingly at this time especiallie, interrupt you in any thing you have to say that is proper for us to admit of; but sir, you have not owned us as a court, and you look upon us as a sort of people met together, and we know what language we receive from your partie.
I know nothing of that.
You dis-avow us as a Court, and therefore for you to address your self to us, not to acknowledg us as a Court to judg of what you say, it is not to be permitted; and the truth is, all along from the first time you were pleased to dis avow and dis-owne us, the Court needed not to have heard you one word; for unless they be acknowledged a Court, and engaged, it is not proper for you to speak, sir we have given you too much liberty alreadie, and admitted of too much delay, and we may not admit of any further; were it proper for us to do we should hear you freeely, and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether totally excusing, or for in part exensing those great and Hainous Charges that in whole or in part are laid upon you. But sir, I shal trouble [Page 87] you no longer, your sins are so large a dimension, that if you do but seriously think of them, they will drive you to a sad consideration, and they may improve in you a sad and s [...]rious repentance. And that the Court doth heartily wish that you may be so penitent for what you have done amiss, that God may have mercy at least wise upon your better part. Truly Sir, for the other, it is our parts and duties to do that, that the Law [...]rescribes, we are not here Ius dare, but Jus dicere; We cannot be unmindful of what the Scriptures tels us, For to acquit the guilty, is of equall abhomination as to condemn the innocent, we may not acquit the guilty; what sentence the Law affirms to a traytor, tyrant, a Murtherer, and a publique Enemy to the Countrey, that sentence you are now to hear read [...]nto you and that is the sentence of the Court.
[Page 88]The Lord President commands the sentence to be read, make an O Yes, and command Silence while the sentence is read:
O Yes made, silence commanded.
The Clerk read the sentence, which was drawn up in pa [...]chment.
Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the trying of Charls Stuart King of England, before whom hee had been three times convented, and at the first time a Charge of High Treason, and other Ceimes and Misdem [...]anors was read in the behalf of the Kingdom of England, &c.
Here the Clerk read the Charge.
Which Charg being read unto hm as aforesaid, he the said Charge Stuart, was required to give his answer, but [...]e refused so to do, and so expres't the several passages at his tryall in refusing to answer.
For all which Treasons and Crimes [Page 89] this Court doth adjudg, that the said Charls Stuart, as a Tyrant, traytor, Murtherer, and publique Enemie, shall [...]e put to death, by the severing his Head from his Bodie.
After the sentence read, the Lord president said.
This sentence now read and published, and it is this Act, Sentence, judgment, and resolution of the whole Court.
Here the Court stood up, (and assen [...]g to what the president said.
Wil you hear me a word sir.
Sir, you are not to be heard after the sentence.
No sir?
No sir, by your favor sit: Guard withdraw your prsoner.
I may speak after the sen [...]nce—
By your favor sir, I may speak after the sentence ever.
By your favor hold the sentence [...]ir.—
[Page 90]I say sir, I do—
I am not suffered for to speak, expect what Justice other people wil have.
O Yes, All manner of persons that have any thing else to do, are to depart at this time, and to give their attendance in the painted Chamber, to which place this Court doth forthwith adjourn it self.
Then the Court rose, and the King went with his Guard to Sir Robert Cottons, and from thence to White-Hall.
A List of the Names of the Judges and Officers of the High Court of Iustice. which sate at the tryal of the King in the great Hall, at Westminster, Ian. 20 1648.
- SErjeant Bradshuw Lord
- President.
- Oliver Cromwell, Lievt. General.
- Henry Ireton, Com. General
- Collonel Hardress Waller
- Colonel Harrison.
- [Page 91]Colonel Whaley:
- Colonel Pride.
- Colonel Ewer:
- Lord Gray of Groby.
- Sir John D' Anvers,
- Sir Thomas Maleverer.
- Sir Iohn Bowcher.
- William Henningham.
- Alderman Pennington
- Henry Martin.
- Colonel Purefoy.
- Colonel Bark stead.
- Colonel Tomlinson.
- Master Blackston.
- Master Millington.
- Sir Gregory Norton.
- Colonel Harvey.
- Colonel Ven.
- Master Scot.
- Alderman Audrews.
- Master Crawley.
- Master Burrel
- Colonel Stapley.
- Collonel Downs.
- [Page 92]Lievt General Hamond
- Mr. Love.
- Master Norton.
- Master. Potter:
- Master Garland.
- Sir William Constable.
- Collonel Ludlow.
- Collonel Hutchinson.
- Sir Michell Livesey.
- Master Dixwell.
- Collonel Fleetwood.
- Master Mayne,
- Master James Temple:
- Master Blagrave.
- Collonel Titchbourne.
- Collonel Ronet.
- Collonel Scroop.
- Collonel Lilbourne:
- Collonel Deane.
- Collonel Okey.
- Collonel Huson.
- Lievt. Collonel Goffe.
- Master Corn Holand.
- Master Carem.
- [Page 93]Master John Jones.
- Master Miles Corbet,
- Master Francis Allen.
- Master Perigrin Pelham.
- Collonel Moore.
- Master Eldner.
- Master Edwards.
- Master Clement.
- Collonel Woggon.
- D. Dorisl [...]w, Mr. Justice Ask, Councellors for the Commonwealth.
- Mr. Cook Solicitor General.
- Mr. Broughten, Mr. Phelps, Clarks to the Court.
- Serjeant Danhy, Mace Bearer.
- Col. Humphry Sword Bearer.
- Mr. King Cryer of the Court.
Other matters relating to the proceedings in the tryal of Charls Stuart lat [...] King of England. Resolutions of the Court in the painted Chamber: Lunae Ian. 22. 1648.
THis day the King being withdrawn from the Bar of the High Court of Justice, The Commissioners of the said Court of high Justice sate private in the Painted Chamber; and considered of the Kings carriage upo [...] the saturday before, and of all th [...] had then passed, and fully approved of what the Lord President had done and said in the mannaging of the business of that day as agreeing to their sense: and perceiving what the King aymed at, viz so birng in question if he could the jurisdiction of the Court, and the authority thereof, whereby they sate, and considering that in the interim he had not acknowledged [Page 95] them in any sort to be a Court, or his Judges, and through their sides intended to wound (if he might be permitted) the supreme Authority of the Commons of England in their Representative the Commons assembled in Parliament, After advice with their Council learned in both Laws, and mature deliberation had of the matter:
Resolved that the King should not be suffred to argue the Courts jurisdiction, or that which constituted them a Court of which debate they had not proper Cognizance, nor could they, being a derivative Iudge of that supreme Court which made them Iudges, from which there was no appeal: And did therefore order and direct, viz.
Ordred that in case the King shal again offer to dispute the authority of the court, the L. President do let him know, that the Court have taken into [Page 96] consideration his demands of the last day; and that he ought to rest satisfied with this answer: that the Commons of England assembled in parliament, have constituted this Court, whose power may not, nor should be permitted to be disputed by him.
That in case the King shall refuse to answer or acknowledg the Court, the Lord president do let him know that the Court wil take it as a c [...]ntumacy, and that it shal be so recorded.
That in case he shal offer to answer with a saving notwithstanding of his pretended prerogative above the jurisdiction of the Court.
That the Lord President do in the name of the Court refuse his protest, and require his positive answer, whether he wil own the Court or not.
That in case the King shall demand, a copy of the charge, that he shal then declare his intention to answer and that declaring his intention a copy be granted to him.
That in case the King shal stil persist in his contempt, the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following, viz.
Charls Stuarr King of England, you are accused in the behalf of the people of England of divers high crimes and treasons, which charge hath been read unto you.
The Court requires you to give [...] positive answer to confess or denie the charge, having determined that you ought to answer the same:
Sir Hardresse VValler. Col. Harri [...] son Col. Dean, Com. Gen. Jreton, Col. Okey, are appointed to consider of the time and place for the execution of the King according to his sentence given by the High Court of Justice.
Painted Chamber, Lunae Jan. 29. 1648.
UPon Report made from the Committee for considering of the time and place for the executing of the judgment against the King, That the said Committee have resolved, That the open street before Whitehall is a fit place, And that the said Committee conceive it fit that the King be there executed the morrow. The King having notice thereof. The Court appaoved thereof, and Ordered a warrant to be drawn for that purpose, and agreed unto, and ordered it to be engrossed.
Painted Chamber. 30. Ian. 1648. The Commissioners met, And
ORdered, that M. Marshall, M. Nye, Mr. Caryll, Mr. Salway, and M. Dell, be desired to attend the King [Page 99] to administer to him those spirituall helps as should be sutable to his present condition: And Lieut. Col. Goffe is desired forthwith to repaire unto them for that purpose.
Who did so, but after informed the Court, that the King being acquainted therewith refused to confer with them, expressing that he would not be troubled with them.
Ordered, That the Scaffold upon which the King is to be executed, bee covered with black.
The Warrant for executing the King being accordingly delivered to those pa [...]ties to whom the same wa [...] directed, execution was done upon him according to the tenour of the warrant about two of the clock in the afternoon.
King Charls his speech made upon the Scaffold at White-Hall-Gate immediately before his Execution, Tuesday, Ian. 30.
ABout ten in the morning the King was brought from St. James's, walking on foot, through the park, with a Regiment of foot, part before, and part behind him, with Colours flying, Drums beating, h [...]s private guard of partizans, with some of his Gentlemen before, and some behinde bare-headed. Dr. Iuxon next him, and Colonel Thomlinson, who had the charge of him, talking with the King bare-headed from the park, up the stairs into the Gallery, and so [...]nto the Cabinet Chamber, where he [...]sed to lie, where he continued at his Devotion refusing to dine, having before [Page 101] taken the Sacrament, only about an hour before he came forth, he drank a glass of Claret wine, and eat a peece of bread about twelve at noon.
From thence he was accompani [...]d by Dr. Iuxon, Col. Thomlinson, and other Officers, formerly appointed to attend him, and the private Guard of Partizans, with Musketiers on each side, through the Banqueting house. adjoyning, to which the Scaffold was erected, between Whitehall-gate, and the Gate leading into the gallery from S. James's: the Scaffold was hung round with black, and the floor covered with black, and the Ax and Block laid in the middle of the Scaffold. There were divers companies of Foot, and troops of Horse placed on the one side of the Scaffold towards Kings street, and on the other side towards Charing Cross, and the multitudes of people that came to be spectators very great.
The King being come upon the Scaffold, looked very earnestly upon the block, and asked Col. Hacker if there were no higher, and then speak thus, directing his Speech chiefly to Col. Thomlinson.
I Shall be very little heard of any body here, I shall therefore speak a word unto you here: indeed I could hold my peace very well if I did not think that holding my peace would make some men think, that I did submit to the guilt, as wel as to the punishment, but I think it is my duty to God first, and to my Countrey, for to clear my self both as an honest man, a good King, and a good Christian. I shall begin first with my innocency, introth I think it not very needful for me to insist long upon this, for all the world knows that I never did begin [...] War with the two houses of Parliament, and I call God to witness, to [Page 103] whom I must shortly make an account, that I never did intend for to incroach upon their priviledges, they began upon me, it is the Militia they began upon, they confest that the Militia was mine, but they thought it fit for to have it from me, and to be short, if any body wil look to the dates of Commissions, of their Commissions and mine, and likewise to the Declarations, wil see clearly that they began these unhappy Troubles, not I: so that as the guilt of these enormous crimes that are laid against me, I hope in God that God wil clear me of, J wil not, I am in charity, God forbid that I should lay it upon the two ho [...] ses of Parliament, there is no necessity of either, J hope they, are fre [...] of this guilt: for I do believe tha [...] ill instruments between them an [...] me, has beene the chiefe caus [...] of all this Blood-shed, so that b [...] way of speaking, as I finde m [...] [Page 104] self clear of this, I hope, and pray God, that they may too: yet for all this, God forbid that I should bee so ill a Christian, as not to say, that Gods Judgments are just upon mee: Many times hee does pay justice by unjust sentence, that is ordinary; I will onely say this, That an unjust Sentence that I suffered for to take effect,Strafford. is punished now by an unjust Sentence upon me, that is so as I have said, to shew you that I am an innocent man.
Now for to shew you that I am a good Christian I hope there is a good man that wil bear me witness,Pointing to Dr. [...]uxon. that I have forgiven all the world, and even those in particular that have been the chiefe causers of my death; who they are, God knowes, I doe not desire to know, I pray God forgive them. But this is not all, my Charity must go farther, I wish [...] [Page] [Page] [Page] [Page] [Page 109] Kingdom and your own salvations.
Will your Majesty, though it may be very well known your Majesties affections to Religion, yet it may be expected that you should say somwhat for the worlds satisfaction.
J thank you very hartily, my Lord, for that J had almost forgotten it, introth sirs, my Conscience in Religion I think it is very wel known to all the World, and therefore I declare before you all, that I dye a Christian, according to the profession of the Church of England as I found it left me by my father, Pointing to D. Iun [...]n. and this honest man I think will witness it. Then turning to the Officers said: sirs excuse me for this same, I have a good cause, and I have a gracious God, I will say no more. Then turning to Colonel Hacker, he said; Tak [...] care they do not put me to pain, and si [...] this, and it please you; But then a Gentleman [Page 110] coming near the Ax, the King said, take heed of the Ax, pray take heed of the Ax, then the King speaking to the Executioner, said, J shall say but very short Prayers, and when I thrust out my hands—
Then the King called to Doctor Juxon for his Night-Cap, and having put it on, he said to the Executioner, Does my hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the help of the Executioner and the Bishop: Then the King turning to Doctor Juxon. said, I have a good Cause, and a gracious God on my side.
There is but one Stage more, This Stage is turbulent and troublesome, it is a short one: But you may consider, it will soon carry you a very great way, it will carry you from Earth to Heaven; and there you shall find a great deal of cordial joy and comfort:
I go from a corruptible to an incorruptible Crown, where no disturbance can be no disturbance in the world.
You are exchanged from a Temporal to an eternall Crown a good exchange.
The King then said to the Executioner, is my hair well? Then the King tooke of his Cloak and his George, giving his George to Doctor Juxon, saying, Remember— Then the King put of his dou. It is thought for to give it to the Prince. Act, and being in his Wastcoat, put his Cloak on again, then looked upon the block said to the executioner, you must set it fast.
It is fast Sir.
When I put my hands out this way, stretching them out, then—
After that having said two or three [...]ords, as hee stood, to himself, with [...]ands and eyes lift up, immediately stooping down, laid his Neck [...] [Page 112] the other; and then the executioner again, putting his hair under his Cap, the King said thinking he had been going to strike stay for the sign.
Yes, I wll, and it please your Majesty,
And after a very little pause, the King stretching forth his hands, the Executioner at one blow severed his head from his body, the head being off, the Executioner held it up, and shewed it to the people, which done, it was with the body put in a Coffin, covered with black Velvet for that purpose, and conveyed into his Lodgings there: and from thence it was carried to his house at S. Iames's, where his body was put in a Coffin of Lead, laid there to be seen by the people, and about a fortnight after it was carried to Windsor, accompanied with the Duke of Lenox, the Marquess of Hartford, and the Earl of Southampton and Doctor Iuxon, late Bishop of [Page 113] London, and others, and interred in the Chappel Royal, in the Vault with King Henry the eight, having onely this Inscription upon the Coffin, Charls, King of England.
PRAYERS Used by His MAIESTY, In the time of His SUFFERINGS: Delivered to Doctor Juxon, Bishop of London, immediately before his Death. ALSO, A Letter from the Prince.
A Prayer in time of Captivity.
O Powerful and Eternal God to whom nothing is so great, that [Page 116] it may resist, or so small, that it is contemned, look upon my miserie with thine eye of mercie, and let thine infinite power vouchsafe to limit out som proportion of deliverance unto me, as to thee shal seem most convenient, let not injurie, O Lord, triumph over me, and let my faults by thy hand be corrected, and make not my unjust enemies, the Ministers of thy Ju [...]tice, but yet my God, if in thy wisdome this be the aptest chastisement for my unexcusable transgressions, if this ingrateful bondage be fittest for my over-high desires; if the pride of my not enough humble heart be thus to be broken; O Lord I yeild unto thy wil, and chearfully embrace what sorrow thou wilt have me suffer: onely thus much let me crave of thee, Let my craving O Lord, be accepted of, since it even proceeds from thee, that by thy goodness which is thy self, thou wilt suffer som beam of thy Majestie so to shine in my [Page 117] minde, that I, who acknowledg it my noblest title to be thy Creature, may stil in my greatest afflictions depend constantly upon thee. Let Calamitie be the exercise, but not the overthrow of my vertue. O let not their prevailing power be to my destruction. And if it be thy wil that they more & more vex me with punishment; yet O Lord never let their wickedness have such a hand, but that I may stil carrie a pure minde, and steadfast resolution euer to serve thee, without fear or presumption; yet with that humble confidence which may best please thee; so that at the last I may come to thy Eternall Kingdom through the merits of thy Son our Sauior Jesus Christ. Amen.
Another Prayer.
ALmighty and most merciful Father, look down upon me thy [Page 118] unworthy servant who here prostrate my self at the Foot Stool of thy Throne of Grace. But look upon Mee, O Father, through the Mediation and in the Merits of Iesus Christ, in whom thou art only wel pleased; for of my self I am not worthie to stand before thee, or to speak with My unclean lips to Thee, most holie and eternal God, for as in sin I was conceived and born, so likewise I have broken all thy Commandments by my sinful motions, unclean thoughts, evil words, and wicked works, omitting many duties I ought to do, and committing many vices which thou hast forbidden under pain of thy heavie displeasure, as for my sins O Lord, they are innumerable, wherefore I stand here liable to all the Miseries in this life, and everlasting Torments in that to come, if thou shouldest deal with me according to my deserts. J consess, O Lord, that it is thy mercy which endureth for ever, and thy compassion which never failes, which is the [Page 120] cause that I have not been long ago consumed, but with thee there is mercie and plentious Redempton; in the multitude therefore of thy Mercies and by the Merits of Jesus Christ, I intreat thy Divine Majestie, that thou wouldest not enter into judgment with thy Servant, nor be extreme, to mark what is done amiss, but be thou merciful unto me, and wash away all my sins with that precious blood that my Saviour shed for me, and I beseech thee, O Lord not only to wash away all my sins, but also to purge my heart by thy holy Spirit, from the dross of my natural corruption; and as Thou doest add days to my life, so, good Lord I beseech thee, to add repentance to my days, that when I have past this mortal life, I may be partaker of thy everlasting Kingdome, through the Merits of Jesus Christ our Lord. Amen,
A Prayer and Confession, made in, and for the times of affliction,
ALmightie and most merciful father, as it is only thy goodness that admits of our imperfect prayers, and the knowledg that thy mercies are infinite, which can gives us any hope of thy accepting or granting them: so it is our bounden and necessarie dutie to confess our sins freely unto thee, and of all men living, I have most need, most reason, so to do, no man having been so much obliged by thee, no man more grievously offending thee, that degree of knowledg which thou hast given me, adding likewise to the guilt of my transgressions. For was it through ignorance, that I suffered innocent blood to be shed by a false pretended way of Justice? or that I permitted a wrong way of thy Worship to be set up in Scotland? and injured the Bishops in England? [Page 121] O no; but with shame and griefe I confess, that I therein followed the perswasions of worldly wisdom, forsaking the dictates of a right informed Conscience: Wherefore, O Lord, I have no excuse to make, no hope left, but in the multitude of thy Mercies; for I know my repentance weak, and my prayers faultie: Grant therefore, merciful Father, so to strengthen my repentance, and amend my prayers, that thou mayest clear the [...]ay for thine own Mercies; to which, O let thy Justice at last give place, putting a speedie end to my deserved afflictions. In the mean time give me patience to endure, Constancie against Temptations, and a discerning Spirit to chuse, what is best for thy Church and people which thou hast committed to my Charge. Grant this, O most merci [...]ul Father, for thy Son Iesus Christ's sake, our Saviour. Amen,
A Prayer in time of imminent danger.
O Most mercifull Father, though my sins are so many and grievous, that I may rather expect the effects of thy anger, then so great a deliverance, as to free Mee from My present great danger; yet O Lord, since thy Mercies are over all thy works, and thou never failest to relieve all those who with humble and unfeined repentance come to thee for succour, it were to multiply, not diminish my transgressions, to despair of thy heavenly favor: Wherefore I humbly desire thy divine Majesty, that thou wilt not onely pardon all my sins, but also free Mee out of the hands, and protect mee from the malice of my cruel enemies. But if thy wrath against my hainous offences will not otherways be satisfied, then by suffering [Page 123] me to fall under my present afflictious thy will be done; yet with humble importunity I do, and shal never leave to implore the assistance of thy heavenly Spirit, that my cause, as I am thy Vicegerent, may not suffer through my weakness or want of courage. O Lord, so strengthen and en [...]ighten all the faculties of my minde, that with clearness I may shew forth thy truth and manfully endure this bloody try all, that so my sufferings here may no [...] onely glorifie thee, but likewise be [...] furtherance to my salvation hereafte [...] Grant this, O merciful Father, for h [...] sake, who suffered for me, even Iesus Christ the righteous. Amen.
His Majesties REASONS AGAINST The Iurisdiction of the High Court of Justice, which He intended to deliver in writing, on Munday, Ian 22. 1648.
HAving already made my protestations not onely against the illegality of this pretended Court, but also that no earthly power can justly call me, who am your King, in question as a D [...]linquent; I would not any more open my mouth upon this occasion more then to referre my selfe to what I have spoken, were J alone in this case concerned: [Page 125] But the dutie I owe to God in the preservation of the true Liberty of my people, will not suffer me at this time to bee silent. For how can any Freeborn Subject of England call Life, or any thing bee posseseth his owne, if power without right, daily make new, and abro [...] gate the Old Fundamental Lawes of the Land, which J now take to bee the present case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds which hinder mee to answer to your pretended impeachment; but since that I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives, yet I will shew you the Reason, why I am confident you cannot judge mee, nor indeed the meanest man in England; for, I will not, like [Page 126] you, without shewing a reason, see [...] to impose a beliefe upon my Subjects.
Hereabout I was stopt, and not suffered to speake any more concerning reason.There is no proceeding just against any man, but wha [...] is warranted eithe [...] by Gods Laws, or the Municipal laws of the Countrey where he lives. Now I am most confident, that this days proceeding cannot be warrante by God's Law; for, o [...] the contrary, the autority of obedience unto Kings is clearly warranted [...]nd strictly commanded both in the Old and New Testament; which if [...]enied, I am ready instantly to prove; And for the question now in hand, [...]here it is said, That where the word of [...] King is, there is Power, and who [...]ay say unto him, What doest Thou? [...]cles, chap. 8. ver. 4. Then for the [...]wes of this Land, I am no [Page 127] less confident that no Learned Lawyer wil affirm that an Impeachmen [...] can lie, against the King, they all going in his Name; and one of their Maxims is, That the King can do no wrong▪ Besides, The Law upon which you ground your proceedings, must either be old, or new, if old, shew it, if new [...] tel what authority warranted by th [...] fundamental Laws of the Land hath made it, and when. But how th [...] House of Commons can erect a Cour [...] of Judicature, which was never on [...] it self, as is wel known to all Lawyers, I leave to God and the Worl [...] to judge: And it were full a [...] strange, that they should pr [...] [...] to make Laws without King o [...] Lords House, to any that hav [...] heard speake of the Laws of Englan [...]
And admitting, but not granti [...] that the People of Englands Com [...] sion could grant your p [...]eteded Power, I see nothing y [...] [Page 128] can shew for that, for certainly you never asked the question of the tenth man of the Kingdom, and in this way you manifestly wrong even the poorest Ploughman, if you demand not his free consent? nor can you pretend any colour for this pretended Commission without the consent at least of the major part of every man in England, of whatsoever qualitie, or condition, which I am sure you never went about to seek: so far are you from having it. Thus you see that J sp [...] not for my own right alone, as I am your King, but also for the true Libe [...] ty of all my Subjects, which consists not in sharing the power of Government, but in living under such Law, [...]uch a Government as may give, them [...]elves the best assurance of their lives [...]nd propriety of their goods. Nor in [...]is must or do I forget the Priviled [...]s of hoth Houses of Parliament, [...]hich this day; proceeding doth not [Page 129] onely violate, but likewise occasio [...] the greatest breach of their Publike Faith that I believe ever was heard of, with which I am far from charging the two Houses; for all the pretended Crimes laid aginst me, bare date long hefore this late Treatie at Newport, in which I having concluded as much as in mee lay, and hopefully expecting the two Houses agreement thereunto, I was suddenly surprized▪ and hurried from thence as a Prisoner, upon which account I am against my wil brought hither, where since I am come, I cannot but, to my power, defend the ancient Laws and Liberties of this Kingdom, together with my own just right; then for any thing I can see the higher House is totally excluded.
And for the House of Commons, it is too well known that the majo [...] part of them, are deteined or deterred from sitting, so as if I had no other, this were sufficient for me to protes [...] [Page 130] against the lawfulness of your preten [...]ed Court. Besides all this, the peace [...]f the Kingdom is not the least in my [...]houghts, and what hopes of settlement is there so long as power [...]aigns without rule of Law. changing [...]he whole frame of that Government [...]nder which this Kingdom hath flou [...]ished for many hundred yeers, [...]or wil J say what wil fall out in case [...]his lawless unjust proceeding against me do go on, and believe it, the Commons of England wil not thank you for this change, for they wil remember how happie they have been of [...]ate yeers under the Reign of Q. Elizabeth, the King my Father, and my self, until the beginning of these unhappie troubles; and will have cause to doubt that they shall never be so happie under any new. And by this time it will be too sensibly evident, that the Arms [...] took up were onely to defend the [Page 131] fundamentall Laws of this Kingdom [...] against those who have supposed m [...] power hath totally changed the ancient Government.
Thus having shewed you briefly th [...] Reasons, why I cannot submit to you [...] pretended authority without violating the trust which I have from Go [...] for the welfare of my people: I expect from you either clear Reasons t [...] convince my judgment, shewing m [...] that I am in an error, and then truly J wil readily Answer, or that you wil withdraw your proceedings.
This J intended to speak in Westminster Hall on Monday 22. Jannarie but against reason was hindred t [...] shew my Reasons.
A Copie of a Letter which was sent from the Prince to the King, Dated from the Hague Ian. 23. 1648.
HAving no means to come to the knowledg of your Majesties pre [...]ent condition, but such as I receive [...]rom the Prints, or which is as un [...]ertaine, Report. I have sent thi Bearer Seamour, to wait upos Your Majesty, I doe not onely [...]ray for your Majestie according to [...]y Dutie, but shall always be readie [...]o do all which shall be in my [...]ower, to deserve that blessing which [Page 133] I now hambly beg of Your Majesty upon
The Superscription was thus,
Monday 29. January 1648. true Relation of the KINGS Speech to the Lady Elizabeth, and the Duke of Glocester, the day before his death.
HIs Children being come to meet him, he first gave his blessing to the Lady Elizabeth; and bad her remember to tel her Brother Iames, wh [...]n [...]ver she should see him, that it was his Fathers last desire, that hee should no more look upon Charls as his eldest Bro [...]her only, lout be obedient unto him, as his Soveraign; and that they should love one another, and forgive their Fathers Enemies: Then said the King to her, Sweet. [...]art, you'l forget this: No, said shee, I [...]all never forget it while I live; and [...]uring forth abundance of tears, pro. [...]ised him to write down the particulars.
Then the King taking the Duke of Glocester upon his Knee, said, Sweetheart, Now they will cut off thy Fathers Head; upon which words the Child loo [...]ed very stedfastly on him, Mark Child what J say, they will cut off my head, and perhaps make thee a King: But mark what I say, you must not be a King, so long as your Brothers, Charls and Iames do live: For they wil cut off your Brothers [...]eads, when they can cath them, and cut off thy Head too at the last: and therefore [...] charge you, do not be made a King by them. At which the Child sighing, said I wil be torn in pieces first. Which fulling [...]o unexspectedly from one so young, it [...]ade the King rejoyce exceedingly.
Another Relation from the Lady Elisabeths own hand.
VVHat the King said to me the nine and twentieth of Ian. 1648. being the last time I had the happiness to see him, he told me, hee was glad I was come, and although he had not time to say much, yet somwhat he had to say to me, which he had not to another, or leave in writing, because he feared their Crueltie was such, as that they would not hav [...] permitted him to write to me. He wished me not to grieve and torment my self for him, for that would be a glorious death that he should die; it being for the Laws and Liberties of this Land, and for maintaining the true Protestant Religion: He bid me read Bishop Andrews Sermons, Hookers Ecclesiasticall Politie, and Bishop Lauds book against Fisher, which would ground me against Poperie. He [Page 137] told me, he had forgiven all his enemies, and hoped God would forgive them also; and commanded us, and the rest of my Brothers and sisters to forgive them. He bid me tel my Mother, That his thoughts had never strayed from her, and that his love should be the same to the last. Withal, hee commanded me and my Brother to be obedient to her. And bid me send his blessing to the rest of my Brothers and Sisters, with Commendation to al his Friends. So after he had given me his blessing, I took my leave.
Further, He commanded us all to forgive those people, but never to trust them; for they had been most false to him, and to those that gave him power and he feared also to their own souls: and desired me not to grieve for him, for he should die a Martyr, and that he doubted not but the Lord would settle his throne upon his Son, and that we should be all happier then we [Page 138] could have expected to have been, if he had lived. With many other things which at present I cannot remember.
Another Relation from the Lady Elizabeth.
THe King said to the Duke of Glocester, that he would say nothing to him, but what was for the good of his soul: He told him, that he heard the Army intended to make him King; but it was a thing not for him to take upon him, if he regarded the welfar [...] of his Soul, for he had two Brothers before him, and therefore commanded him upon his blessing, never to accept of it, unless it redounded lawfully up him, and commanded him to fear the Lord, and he would provide for him.