their consideration how to proceed against you In the mean time they who brought you hither shall return you back again The Court desireth to be satisfied whether this be all the Answer that you will give them or not King I desire that you would resolve me and all the world in this one particular Give me leave to acquaint you that it is a thing of no small importance which you go about I am sworn to keep the peace according to the duty which I ow to God and to my Land and I will here perform it to the last breath of my Body you shall therefore do well first to satisfie God and afterwards the Land by what Authority you do this If you do it by an usurped Authority you cannot defend it God who sitteth in the Heavens will call you and all those who have conferred this power on you to give him an account of it Satisfie me in this and I shall answer you for otherwise I should betray the Faith committed to me and the liberties of my people Wherefore consider of it and I shall be willing to answer you For I do profess it is as great a sin to resist a lawfull Authority as to submit unto a Tyrannicall or any other unlawfull authority wherefore resolve me in this particular and you shall receive my Answer L. President Bradshaw The Court expecteth that you should give them a final Answer and will adjourn untill Munday next If you cannot satisfie your self although we tell you our Authority our Authority will satisfie our selves And it is according to the Authority of God and and the Kingdome and the Peace of which you speak shall be preserved in the Administration of Justice and that is our present work King I give you this for my Answer you have not shewn me any lawfull Authority which may satisfie any reasonable man L. President Bradshaw It is only your apprehension we are fully satisfied who are your Judges King It is not my apprehension nor yours which ought to determine this L. President Bradshaw The Court hath heard you and disposed of you accordingly as their discretions have thought expedient The Court adjourneth to the Painted Chamber untill Munday at ten of the clock in the morning and from thence hither Something that was ominous ought not to be passed by in silence when the Charge was read against the King the silver head of his staff did full off which he much did wonder at and observing no man so officious to assist him he stooping towards the ground did take it up himself As the King returned looking on the Court he said I fear not thee meaning the Sword As he came down the staires the people who were in the Hall cryed out some of them God save the King but the greater part Justice Justice The second dayes proceeding against the King January 22 c. THe Cryer having thrice pronounced his Oyes and silence commanded after that the Judges were called and every one did particulary answer to his Name Silence was again commanded under pain of imprisonment and the Captain of the Guards was ordered to apprehended any that should endeavour to make a tumult At the commanding of the King into the Court there was a great shout and the Court commanded the Captain of the Guards to apprehend and imprison those who should make either a noise or tumult The Court being sat the Sollicitor turning to the President said May it Please your Lordship my Lord President In the former Court on Saturday in the Name of the Commons of England I exhibited and offered to this Tribunal the charg of high Treasons and other grievous crimes against the Prisoner with which I did charge him In the Name of the People of England and his charge was read and his Answer demanded My Lord It pleased him at that time tâ— return no answer at all but instead of answering he questioned the Authority of the High Court My most humble motion to this High Court in the Name of the people of the Kingdome of England is that the prisoner may be compelled to give a positive answer either by way of Confession or Negation which if he shal refuse that the subject of his Charge may be taken for granted the Court proceed acording to iustice L. President Sir you may remember that on the last convention of this Court the cause was expounded to you for which you were brought hither and you heard the charge against you read it being a charge of High Treason and other grievous crimes against the Kingdom of England you heard likewise that it was required in the Name of the people that you should answer to your charge that there should be a proceeding thereon as should be agreable unto Justice you were then pleased to move some scruples concerning the authority of this Court and you desired to be satisfied in your knowledge by what authority you were brought hither you severall times did propound your questions and it was often answered to you that it was by authority of the Commons of England assembled in Parliament who did iudge it requisite to call you to an account for the great and greivous crimes of which you are accused After that the Court did take into their serious consideration those things which you objected and they are fully satisfied in their authority and do conceive it requisite that you should admit it they therefore require that you give a positive and a particular Answer to the charge exhibited against you they do expect that you should either confesse or deny it If you shall deny it it will be proved in the behalfe of the Kingdome the whole world doth approve of their Authority So that the Kingdome is satisfied and you ought thereby to be satisfied your self you ought not therefore to waste time but to give your positive answer King It is true that when I was last here I moved that question and indeed if if it where onely my businesse in particular I should have satisfied my selfe with that protestation I then interposed against the lawfulnesse of this Court and that a King cannot be judged by any superiour jurisdiction on earth but my on interests are not only involved in it but the liberties also of the people of England and pretend what you will I doe indeavor more for their liberties than any whatsoever For if Power without laws can make laws change the Fundamentall laws of the Kingdome I know not what subject in England can be secure of his life or of any thing which he doth call his own Wherefore when I came hither I expected particular reasons that I might understand by what law and what Authority you would proceed against me I should then perceive what most especially I have to say unto you for the affirmative is to be proved which seldome the Negative is capable of but because I cannot perswade you thus I will give you my Reason as briefly as
I can The Reasons for which in conscience and duty which I ow first unto God and afterwards to my people for the preservation of their lives their liberties and their fortunes I believe I cannot answer untill I am satisfied of your legality of it All proceeding against any man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceeding of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appeare a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunall of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law and reason and although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England than you are and if I should believe any man without he gives me Reasons what he saith It would be abused but I say unto you that the Reasons which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you spake of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you dispute against our Authority This again hath been told you by the Court. Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Professe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir it is not lawfull for you or any man else to dispute against this subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunall If you shall yet do it I must intimate unto you that they are above objections They set here by Authority of the Commons of England and all your Predecessors and you your selfe are bound to be accountable to them King I sdeny that shew me one example L. President Sir you ought not to interrupt but attend whilst the Court speakes unto you This subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of judicature and I would fain know how they came to be made so now President Sir it is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charles Stuard King of England you have been accused in the Name of the people of England of High Treason and other grievous Crimes The Court hath determined that you shal answer to your charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speake Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir it is not for prisoners to demand King Prisoners Sir I am no ordinary prisoner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supreme Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir we shew it you here the Commons of England and the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisoner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the laws and the Liberties of the people let England and all the world judge King Sir by your leave I have alwayes loved the Liberty the Immunities Laws of the subjects If I have defended myself by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what hour they intended to adjourn again to Westminster-hal where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Genrall turning to the L. President spake in these words May it please your Lordship 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 and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannical Government and set up his standard of warre against his Parliament and his 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 his charge But my Lord instead of making an answer he
most humbly bowed his generious Neck to Go to be cut off by the Vizarded Executioner which was sudainly done at one blow Thus fell King Charles the I. and thus all Britan with him His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he hath in tended to have given there on Munday Jan. 26. 1649. Faithfully transcribed from the original coppy of the King SInce I have already made my Protestation not onely against the illegality of this pretended Court but that no power on earth can justly call me who am your King into question as a Delinquent I would no longer have opened my mouth on this Argument but have referred my self to those things which I then spoke if this onely concerned my own particular But the duty which I ow to God to preserve the true liberty of my people doth not permit me at this time I should be silent for how can any free born Subject of England call his life or any thing he doth possess his own if power without law can daily make new and abrogate the old and Fundamentall Laws of this Land which I judge to be the present case Wherefore when I was brought hither I expected that you would have studied to satisfie me in those Fundamentals which do hinder me from puting in my Answer to the pretended charge but since I do observe that nothing which I can alledge can perswade you to it although negatives are not so naturally proved as affirmatives yet I have thought good to declear unto you the Reasons for which I am confident you are not in a capacity to judge me nor the vilest man in England for without showing my Reasons I will not as you be so unreasonable importunate as to exact either belief or obedience from my Subjects Here was I restrained and not suffered to speak any more of Reasons there is no just Processe against any man which deriveth not its authority either from the Law of God or from the municipall Laws of the Land Now I am most sure that the Processe at this day made against me cannot be confirmed by the law of God for on the contrary the necessity of obedience is cleerely confirmed and streightly commanded in the old and new Testament which if it be denyed I am prepared presently to prove it and as for the question now in agitation it is said there Where the word of a King is there is power and who can say unto him what doest thou Eccles 8. v. 4. Then as to the Laws of the land I am as confident that no learned Lawyer will affirm that any charge can be brought against the King since they all go forth under his name and it is one of their axioms that the King cannot do any injury Moreover the law on which you do ground your processe is either old or new if it be old shew that law unto me if it be new tell me what Authority established by the Fundamentall laws of this land did give it birth and when but how the House of Commons can erect a Tribunall of Justice which was never one it self as all Lawyers will confesse with me I leave it to God and to the world to judge and it will seeme most strange to any who ever have heard of the laws of England how they can pretend to make laws without either the King or the House of Peers Neverthelesse it be admited but not granted that a Commission from the people of England is able to confirm your pretended power yet I see nothing that you can show for it for I am confident that you never asked that question of the 10th man in the Kingdome in this method you do a most apparent injury even to the poorest ploughman if you ask not his consent neither can you pretend any coluor to this your pretended Commission if you have not the concurring voyces of at least the greatest part of this Nation of every degree and quality which you are so far from obtaining that I am confident you never so much as sought it You see then that I do not onely speake for my own Right as I am your King but also for the true liberty of all my subjects which confisteth not in dividing the power of Government but in living under such laws and such a Government as may grant them the best security of their lives and the propriety of their goods In this I ought not to be forgetfull neither do I forget the priviledges of both Houses of Parliament which these proceedings do not onely violate but give an occasion of the greatest breaking of the publick faith and such I believe as the like was never heard of before with which I will not at all charge both Houses for the pretended crime which they impose upon me are far before the Treaty at Newport in which when I assented to and did conclude as much as possibly lay in my power and did justly expect the assent of both Houses I was suddenly taken from thence and carried a way as a prisoner and against my will I was hurried hither and since I came to this Court I cannot with all my Indeavours defend the ancient laws and liberties of this Kingdome together with my just priviledges and as much as I can possiblely discern the upper House which is the House of Lords is totally excluded And as for the House of Commons it is to much known that the greater part of them are either imprisoned or affrighted from fitting so that if I had no other Cause this was sufficient enough to make me Protest against the authority of your pretended Tribunall Besides all these things the peace of the Kingdome is not the least part of my cares and what hope can there be of establishing it as long as power reigneth without the Rule of the law changing the whole frame of the Government under which this Kingdome hath flourished these many ages neither will I speak what is likely to follow if these unlawfull proceedings shall yet continue against me for I believe the Commons of England will give you no thankes for this change especially when they shall call into their mindes how happily they heretofore have lived in the Reigns of Queen Elizabeth and of the King my Father and in my own Reign before the beginnings of these unhappy tumults and they will have a just cause to doubt if they shall be so happy in any new Government In that time it will most evidently appeare that I onely took up Armes to defend the Fundamentall Lawes of this kingdome against those who opposed my power and totally would have subverted the antient Government Having so briefly declared my Reasons to you for which I could nor submit to your pretended Authority without violation of the Trust which God hath committed to me for the safety and liberty of my people I expect from you either clear Reasons to convince my Judgment by demonstrating to me
passe upon me The Jury found me guilty if I should go about to make a defence now it would signifie no more then as if my friends should petition for my pardon after I am excuted could have offered you articles here but I thought them inconsistenâ— with this Court. When I look upon my offence as to the Protectour I conclude myself a dead man but when I reflect upon the favour he hath shewed to others of my condition and the hopes I have of your intercession me thinks I feel my spirits renewed again My Lords death is a debt due from Nature has now the keeping the bond and has put it in suit by his Attorny if he please to forbear the serving me with an execution and let me keep it a little longer I will pay him the interest of thanks for it as as long as I live and engage my posterity and a numerous allyance to be bound for me So the Lord direct you all for the best If I have found favour I shall thank you if not I shall forgive you This being done Serjeant Glyn after a most bitter and nonsensicall speech gave sentence against us viz to be drawn hanged and quartred A prety exchange for unworthy Crooks Articles for life liberty and estate which I can prove and will die upon My triall held at least five hours This is as much as at present I can remember of it excuse the errours One of the Jury being asked by a Gent. why he found me guilty answered He was resolved to hang me before he did see me I observe treason in this age to be an individuum vagum like the wind in the Gospel which bloweth where it listeth for that shall be treason in me to day which shall be none in another to morrow as it pleaseth Mr Attorny The Judges are sworn to do justice according to the Laws of the Land and therefore have miserably perjured themselves in condemning me contrary to Law And not so contented must cause the Jury so wise they were through their false and unjust directions to destroy their own rights and properties and set up a new Arbitrary and Tyrannicall government The Judges would not give me their advice in point of Law as was their duty because they said they were parties yet could sit still on the Bench in their Robes to countenance and approve of my Sentence No man can be a Judge where he is a Party in the same cause therefore my tryall was contrary to Law The Judges being parties ought not to sit upon the bench but stand by therefore my triall was illegall the rest being no Judges but the Protectours immediate servants so could not be my Judges in case of High Treason for none but the sworn Judges of the Land are capable of it by Law One thing of Colonel Dove the reverend Sheriff of Wilts who that the Jury might be sufficiently incensed complaining of the many incivilities he pretended were offered him by our party being upon his Oath said that one of our men did run him through the side with a Carbine Surely it was a very small one for the wound was not discernable A great deal of paines every man in his place took for the carrying on their Masters work Be mercifull unto me O Lord be mercifull unto me under the shadow of they wings will I hide my selfe till this Tyranny be overpast Glory be to God on High in earth peace good will towards men and so have mercy on me O Lord. JOHNN PENRVDDOCK Mrs. Penruddock's last letter to her honourable and dear Husband My dear heart MY sad parting was so far from making me forget you that I scarce thought on my self since but wholy upon you Those dear embraces which I yet feel and shall never loose being the faithfull testimonies of an indulgent husband have charmed my soul to such a reverence of your remembrance that were it possible I would with my own blood cement your dead limbs to life again and with reverence think it no sin to rob heaven a little while longer of a Martyr Oh my dear you must now pardon my passion this being my last oh fatall word that ever you will receive from me And know that untill the last minuit that I can imagine you shall live I will sacrifice the prayers of a Christian and the grones of an afflicted wife And when you are not which sure by sympathie I shall know I shall wish my own dissolution with you that so we may go hand in hand to heaven T is to late to tell you what I have or rather have not done for you how turned out of doores because I came to beg mercy the Lord lay not your blood to their charge I would fain discourse longer with you but Passion begins to drawn my Reason and will rob me of my devoire which is all I have left to serve you Adieu therefore ten thousand times my dearest dear and since I must never see you more take this prayer May your Faith be so strengthened that your Constancy may continue and then I know that heaven will receive you whether grief and love will in a short time I hope translate May the 3. at 11 at clock at night My dear Your sad but constant wife even to love your ashes when dead Arundel Penruddock Your children beg your blessing and present their duties to you The last letter from the honourable Colonel Penruddock in answer to his vertuous Lady MY DEAREST HEART I Even now received thy farewell letter each word whereof represents unto me a most lively Embleme of your affection drawn with thy own hand in water colours to the figure of a deaths head My dear I imbrace it as coming first from God and then from Man for what is there done in this City that the Lord hath not permitted I look upon every line of thine as so many threads twisted together in to that of my life which being now woven my meditations tells me will make a fit remnant for my winding sheet Upon the reading thereof I may say with the Prophet I should have utterly fainted but that I believe verily too see the goodnesse of the Lord in the land of the living As this is mine my dear so let it be thy consolation When I think what a wife and what children I go from and look no further I begin to cry O wretched man that I am But when my thoughts soar higher and fix them selves upon those things which are above where I shall find God my Creatour to my Father and his Son my Redeemer to my Brother for so they have vouchsafed to term themselves then I lay aside those relations and do of all love my dear desire thee not to look towards my grave where my Body lies but toward the heaven where I hope my Soul shall gain a Mansion in my Fathers house I do stedfastly believe that God hath heard the prayers of my friends and