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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	justice_n	law_n	1,616	5	4.3920	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A47456	King Charls his tryal at the high court of justice sitting in Westminster Hall, begun on Saturday, Jan. 20, ended Jan. 27, 1648 also His Majesties speech on the scaffold immediately before his execution on Tuesday, Ian. 30 : together with the several speeches of Duke Hamilton, the Earl of Holland, and the Lord Capel, immediately before their execution on Friday, March 9, 1649.	Charles I, King of England, 1600-1649.; Holland, Henry Rich, Earl of, 1590-1649.; Hamilton, James Hamilton, Duke of, 1606-1649.	1650 (1650)	Wing K556; ESTC R11695	57,138	138

and the High Court of Justice the PARLIAMENT of England that are not only the highest Expounders but the sole makers of the Law Sir for you to set your self with your single judgment and those that adhere unto you to set your self against the highest Court of Justice that is not Law Sir as the Law is your Superior so truly Sir there is something that is Superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countries have done did choose to themselves this Form of Gouernment 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 and if those Laws should have proved inconvenient 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 will 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 minimus This we know to be Law Rex habet superiorem Deum Legem etiam curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere frenum they ought to bridle him and Sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the Liberty and Property of the Subject and would not suffer the Kings that did invade to play the Tyrants free● but called them to account for it we know that truth That they did Frenum ponere But Sir if they do forbear to do their Duty now and are not so mindfull of their own Honor and the Kingdoms good as the Barons of England of old were certainly the Commons of England will not be unmindfull of what is for their preservation and for their safety Justitiae fruendi causâ Reges constituti sunt This we learn the end of having Kings or any other Governors it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to that End or any other Governor will go contrary to the end of his Government Sir he must understand that he is but an Officer in 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 tell 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 adjudge the very words of the Author the plaints and wrongs done of the King and the Queen or their Children such wrongs especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament 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 I 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 well Sir And truly Sir it is very fit for the Gentlemen of England to understand that Law under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters will and do it not what follows The Law is your Master the Acts of Parliament The Parliaments were to be kept anciently we find in our old 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 Edward the third they must have been once a year Sir what the intermission of PARLIAMENTS hath been in your time it is very well 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 well known and felt But when God by his Providence had so far brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of SCOTLAND The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your Designs and Plots and endeavours all along have been for the crushing and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all That had been a sure way to have brought about that that this Charge laies upon you Your Intention to Subvert the FVNDAMENTAL LAWES of the Land For the great Bulwark of the Liberties of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the liberties and the property of England Truly Sir it makes me call to minde I cannot forbear 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 read of a great Roman Emperor by the way let us call him a great Roman Tyrant 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 somewhat 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

I do demand that and demand to be heard with my Reasons if you deny that you deny Reason Lord President Sir you have offered something to the Court I shall speak something unto you the sence of the Court. Sir neither you nor any man are permitted 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 over-rule your Demurrer they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one president Lord 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 considered of their Jurisdiction they do affirm their own Jurisdiction The King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Lord President Sir You are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read as followeth CHARLS STUART King of England You have been accused on the behalf of the People of England of high Treason and other high Crimes the Court have determined that you ought to answer the same The King I will answer the same so soon as I know by what Authority you do this Lord President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again The King I do require that I may give in my Reasons why I do not answer and give me time for that Lord President Sir 'T is not for Prisoners to require The King Prisoners Sir I am not an ordinary Prisoner Lord President The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction if you will not answer we shall give order to record your default The King You never heard my Reasons yet Lord President Sir Your Reasons are not to be heard against the highest Jurisdiction The King Shew me that Jurisdiction where Reason is not to be heard Lord President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination The King Shew me where ever the House of Commons was a Court of Judicature of that kind Lord President Serjeant Take away the Prisoner The King Well Sir Remember that the King is not suffered to give in his Reasons for the Liberty and Feeedom of all his Subjects Lord President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the People let all England and the world judg The King Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended my self with Arms I never took up Arms against the People but for the Laws Lord President The Command of the Court must be obeyed no answer will be given to the Charge The King Well Sir Then the Lord President ordered the default to be recorded and the contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cottons house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock and from thence they intend to adjourn to Westminster Hall at which time all persons concerned are to give their attendance At the high Court of Justice sitting in Westminster Hall Tuesday Ianuary 23. 1648. O Yes made Silence commanded The Court called Seventy three persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this high Court the prisoner hath been brought to the Bar before any issue joyned in the cause My Lord I did at the first Court exhibite a Charge against him containing the highest Treason this ever was wrought upon the Theatre of England That a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But my Lord instead of making any answer he did then dispute the Authority of this High Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it but my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord Besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite Confession it may be taken pro confesso as it hath been done to those who have deserved more favor then the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole Fact The House of Commons the supream Authority and Jurisdiction of the Kingdom they have Declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clear as chrystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in it 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 and therefore I do humbly pray That speedy JUDGMENT be pronounced against the Prisoner at the Bar. Lord President Sir You have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you

thank you very heartily my Lord for that I had almost forgotten it Introth Sirs My Conscience in Religion I think is very well 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 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 Take care they do not put me to pain and Sir this and it please you But then a Gentleman coming neer the Ax The King said Take heed of the Ax pray take heed of the Ax Then the King speaking to the Executioner said I 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 al● 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 Doctor Juxon There is but one Stage more This Stage is turbulent and troublesom 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 King I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Doctor Juxon You are exchanged from a Temporal to an Eternal Crown a good exchange The King then said to the Executioner is my hair well Then the King took off His Cloak and his George giving his George to Doctor Iuxon saying Remember Then the King put off his Dublet and being in his Wastcoat put his Cloak on again then looking upon the Block said to the Executioner You must set it fast Executioner It is fast Sir King It might have been a little higher Executioner It can be no higher Sir King When I put out my hands this way then After that having said two or three words as he stood to himself with hands and Eyes lift up Immediately stooping down laid his neck upon the Block 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 Executioner Yes I will and it please your Majesty And after a very little pawse the King stretching forth his hands The Executioner at one blow severed his head from his body That when the Kings head was cut off the Executioner held it up and shewed it to the Spectators And his Body was 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 London and others and Interred in the Cappel-Royal in the Valt with King Henry the eight having only this Inscription upon his Coffin Charls King of England c. 1648. Sic transit Gloria Mundi FINIS THE SEVERAL SPEECHES OF Duke Hamilton Earl of CAMBRIDG HENRY Earl of HOLLAND AND ARTHUR Lord CAPEL UPON THE SCAFFOLD Immediately before their EXECUTION on Friday March 9. 1649. Also the several Exhortations and Conferences with them upon the SCAFFOLD BY D. Sibbald M. Bolton M. Hodges London Printed for Peter Cole Francis Tyton and John Playford 1650. The several speeches of the Earl of Cambridg the Earl of Holland and the Lord Capel upon the Scaffold c. UPon Friday the ninth of this instant being the day appointed for the Execution of the Sentence of Death upon the Earl of Cambridg the Earl of Holland and the Lord Capel about ten of the Clock that morning L. Col. Beecher came with his Order to the several Prisoners at S. Iames's requiring them to come away According to which Order they were carried in Sedans with a Guard to Sir Thomas Cottons house at Westminster where they continued about the space of two hours passing away most of that time in Religious and seasonable Conferences with the Ministers there present with them After which being called away to the Scaffold it was desired that before they went they might have the opportunity of commending their souls to God by Prayer which being readily granted and the room voyded Mr. Bolton was desired by the Lord of Holland to take the pains with them which was accordingly done with great appearance of solemn Affection among them Prayer being concluded and hearty thanks returned by them all to the Minister who performed as also to the rest who were their assistants in this sad time of trouble the Earl of Cambridg prepared first to go towards the place of Execution and after mutual embraces and some short ejaculatory expressions to and for his Fellow-sufferers he took his leave of them all and went along with the Officers attended upon by Dr. Sibbald whom he had chosen for his Comforter in this his sad condition The Scaffold being erected in the new Pallace-yard at Westminster over against the great Hal-Gate in the sight of the place where the High Court of Iustice formerly sate the Hal-doors being open there was his Excellencies Regiment of Horse commanded by Cap. Disher and several Companies of Col. Hewsons and Colonel Prides Regiments of Foot drawn up in the place When the Earl came from Westminster-Hall nere the Scaffold he was met by the Under-sheriff of Middlesex and a Guard of his men who took the charge of him from Lievt Col. Beecher and the Partizans that were his Guard The Sheriff of London being also according to command from the High Court of Iustice present to see the Execution performed The Earl of Cambridg being come upon the Scaffold and two of his own servants waiting upon him he first spake to the Doctor as followeth Earl of Cambridg Whether shall I Pray first Dr. Sibb●ld As Your Lordship pleases Earl of Cambridg My Lord of Denbigh has sent to speak with me I know not the fashion I may ask you Sir Do these Gentlemen expect I should say any thing to them or no They cannot hear Dr. Sibbald There will be a greater silence by and by It will not be amiss if your Lordship defer your speaking till you hear from his Lordship Cambridg There is something in it He was with the House Dr. Sibbald I suppose he would give no interruption to your Lordship at this time were there not something of concernment in it

faithful to the true Protestant Religion in the which I have been bred in the which I have lived and in the which by Gods grace and mercy I shall dye I have not lived according to that education I had in that Family where I was born and bred I hope God will forgive me my sins since I conceive that it is very much his pleasure to bring me to this place for the sins that I have committed The cause that hath brought me hither I beleeve by many hath been much mistaken They have conceived that I have had ill designs to the State and to the Kingdom Truly I look upon it as a Judgment and a just Judgment of God not but I have offended so much the State and the Kingdom and the Parliament as that I have had an extream vanity in serving them very extra-ordinarily For those actions that I have done I think it is known they have been ever very faithful to the Publique and very particularly to Parliaments My affections have been ever exprest truly and clearly to them The dispositions of affairs now have put things in another pasture then they were when I was engaged with the Parliament I have never gone off from those principles that ever I have professed I have lived in them and by Gods grace will dye in them There may be alterations and changes that may carry them further then I thought reasonable and truly there I left them but there hath been nothing that I have said or done or professed either by Covenant or Declaration which hath not been very constant and very clear upon the principles that I ever have gone upon which was to serve the King the Parliament Religion I should have said in the first place the Common-wealth and to seek the Peace of the Kingdom That made me think it no improper time being prest-out by accidents and circumstances to seek the Peace of the Kingdom which I thought was proper since there was something then in agitation but nothing agreed on for sending Propositions to the King that was the furthest aym that I had and truly beyond that I had no intention none at all And God be praised although my blood comes to be shed here there was I think scarcely a drop of blood shed in that action that I was engaged in For the present affairs as they are I cannot tell how to judg of them and truly they are in such a condition as I conceive no body can make a judgment of them and therefore I must make use of my Prayers rather then of my opinion which are that God would bless this Kingdom this Nation this State that he would settle it in a way agreeable to what this Kingdom hath been happily governed under by a King by the Lords by the Commons a Government that I conceive it hath flourished much under and I pray God the change of it bring not rather a prejudice a disorder and a confusion then the contrary I look upon the Posterity of the King and truly my Conscience directs me to it to desire that if God be pleased that these people may look upon them with that affection that they ow that they may be called in again they may be not through blood nor through disorder admited again into that power and to that glory that God in their birth intended to them I shall pray with all my Soul for the happiness of this State of this Nation that the blood which is here spilt may be even the last which may fall among us and truly I should lay down my life with as much cheerfulness as ever person did if I conceived that there would no more blood follow us for a State or Affairs that are built upon blood is a foundation for the most part that doth not prosper After the blessing that I give to the Nation to the Kingdom and truly to the Parliament I do wish with all my heart happiness and a blessing to all those that have been authors in this business and truly that have been authors in this very work that bringeth us hither I do not onely forgive them but I pray heartily and really for them as God will forgive my sins so I desire God may forgive them I have a particular relation as I am Chancellor of Cambridg and truly I must here since it is the last of my prayers pray to God that that Vniversity may go on in that happy way which it is in that God may make it a Nursery to plant those persons that may be distributed to the Kingdom that the Souls of the people may receive a great benefit and a great advantage by them and I hope God will reward them for their kindness and their affections that I have found from them I have said what Religion I have been bred in what Religion I have been born in what Religion I have practised I began with it and I must end with it I told you that my actions and my life have not been agreeable to my breeding I have told you likewise that the Family where I was bred hath been an exemplary Family I may say so I hope without vanity of much affection to Religion and of much faithfulness to this Kingdom and to this State I have endeavored to do those actions that have become an honest man and which became a good Englishman and which became a good Christian I have been willing to oblige those that have been in trouble those that have been in persecution and truly I finde a great reward of it for I have found their prayers and their kindness now in this distress and in this condition I am in and I think it a great reward and I pray God reward them for it I am a great sinner and I hope God will be pleased to hear my prayers to give me faith to trust in him that as he hath called me to death at this place he will make it but a passage to an eternal life through Jesus Christ which I trust to which I rely upon and which I expect by the mercy of God And so I pray God bless you all and send that you may see this to be the last execution and the last blood that is likely to be spilt among you And then turning to the side-rail he prayed for a good space of time after which Mr Bolton said My Lord now look upon him whom you have trusted My Lord I hope that here is your last prayer there will no more prayers remain but praises And I hope that after this day is over there will a day begin that shall never have end And I look upon this my Lord the morning of it the morning of that day My Lord you know where your fulness lies where your riches lie where is your onely rock to anchor on You know there is fulness in Christ If the Lord comes not in with fulness of comfort to you yet resolve to wait upon him