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cause_n	bishop_n	king_n	lord_n	2,494	5	3.9441	3	true

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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

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

be responsible to Justice Sir we know very well That it is a question on your side very much prest by what President we shall proceed Truly Sir for Presidents I 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 Governement hath been upon occasion of the Tyranny and Mis-Government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries volumes may be written of it But truly Sir that of the Kingdom of Aragon I shall think some of us have thought upon it when they have the Justice of Aragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Aragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour 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 to the Lacedemonian State we know that is the Parliament of England to the English State and though Rome seemed to lose it's Liberty when once the Emperors were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Fergusius that your stories make mention of he was an elective King he dyed and left two Sons both in their minority the Kingdom made choyce 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 well seeking to supplant that good Unkle of his that governed then justly they set the elder aside and took to the younger Sir if I should come to what your stories make mention of you know very well you are the 109. King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledg have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your own 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 imposed Laws upon them and as they are chosen by the suffrages of the people at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yeelded more plentiful experience then that your Native Kingdom of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example neer you our Grandmother set aside and your Father ●n Infant crowned and the State did it here ●n England here hath not been a want of ●ome examples they have made bold the Par●iament and the People of England to call ●heir Kings to account there are frequent ●xamples of it in the Saxons time the time before the Conquest since the Conquest here want not some presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir who ever shall look into their stories they ●hall not finde the Articles that are charged upon them to come neer to that height and capitalness of Crimes that are layd 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 Sir if you were as the Charge speaks and no o●herwise admitted King of ENGLAND but for that you were pleased then to alledg now that almost for a thousand years these things have been stories will tell you if you go no higher then the time of the Conquest if you do come down since the Conquest you are the Twenty fourth King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Discent 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 well known to you and is since printed for posterity That although there was such a thing as a discent many times yet the Kings of Enland ever held the greatest assurance of their Titles when it was declared by Parliament And Sir your Oath the manner of your Coronation doth shew plainly That the Kings of England although it 's true by the Law the next Person in bloud 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 reciprocal for as you are the liege Lord so they liege subjects and we know very well that hath been so much spoken of Ligantia est duplex This we know now the one tye the one Bond is the bond of perfection that is due from the Soveraign 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 be denyed Sir I speak it the 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 judge or all the world that hath look'd 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 indeed 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 Deligates 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 Conservator of the Peace you will be the Grand disturbe of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Discent let all men know that great Offices are

Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sense of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the story tels us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him to give him his pardon thou shalt not die but the child shal die thou hast given cause to the enemies of God to blaspheme King I would desire onely one word before you give sentence and that is That you would hear me concerning those great imputations that you have layd to my charge Lord Presid Sir You must give me now leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear me a few words to you for truly what ever Sentence you will put upon me in respect of those heavy imputations that I see by your speech you have put upon me Sir It is very true that Lord Pres Sir I must put you in minde Truly Sir I would not willingly at this time especially 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 party King I know nothing of that Lord Pres 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-own 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 already and admitted of too much delay and we may not admit of any farther were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous charges that in whole or in part are layd upon you But Sir I shall trouble you no longer your sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration of it and they may improve in you a sad and serious 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 prescribes we are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty what sentence the Law affirms to a Traytor Tyrant a Murtherer and a publike Enemy to the Country that sentence you are now to hear read unto you and that is the sentence of the Court. 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 parchment Where as the Commons of England in Parliament had appointed them an High Court of Justice for the trying of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the behalf of the Kingdom of England c. Here the Clerk read the Charge Which Charge being read unto him as aforesaid he the said Charls Stuart was required to give his Answer but he refused so to do and so exprest the several passages at his Tryal in refusing to answer For all which Treasons and Crimes this Court doth adjudg That the said Charls Stuart as a Tyrant Traytor Murtherer and a publique Enemy shall be put to Death by the severing his Head from his Body After the sentence read the Lord President said This sentence now read and published it is the act sentence judgment and resolution of the whole Court Here the Court stood up as assenting to what the President said King Will you hear me a word Sir Lord Pres Sir you are not to be heard after the sentence King No Sir Lord Presid No Sir by your favor Sir Guard withdraw your Prisoner King I may speak after the sentence By your favor Sir I may speak after the sentence ever By your favor hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes All maner 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 Whitehall King Charls HIS SPEECH Made upon the SCAFFOLD at Whitehall-Gate immediately before his Execution Tuesday January 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 behinde him with Colours flying Drums beating his private guard of Partizans with some of his Gentlemen before and some behinde bare-headed Dr Juxon next behinde 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 into the Cabinet-Chamber where he used to lie where he continued at his Devotion refusing to dine having before taken the Sacrament onely about an hour before he came forth he drank a glass of Claret wine and eat a piece of bread about twelve at noon From thence he was accompanyed by Dr. Juxon Colonel 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 G 〈…〉 ding into the Gallery from S. James's

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