Prisoner in mind of former Proceedings and that although by the Rules of Justice if Advantage were taken of his past Contempts nothing would remain but to pronounce Judgment against him they had nevertheless determined to give him leave to Answer his Charge which as was told him in plain terms for Justice knew no respect of Persons to plead Guilty or Not Guilty thereto To which he made Answer as formerly That he would not acknowledge the Jurisdiction of the Court and that it was against the Fundamental Laws of the Kingdom that there was no Law to make a King a Prisoner that he had done nothing against his Trust and issued out into such like Discourses Upon which the Courts Resolution was again remembred to him and he told That he had now the third time publickly disowned and affronted the Court That how good a Preserver he had been of the Fundamental Laws and Freedoms of the People his Actions had spoken that mens Intentions were used to be shewed by their Actions and that he had written his Meaning in bloody Characters throughout the Kingdom and that he should find at last though at present he would not understand it that he was before a Court of Justice Hereupon in the manner appointed the Clerk in the Name of the Court demanding the Prisoners Answer to his Charge and the same refused the Default was Recorded the Prisoner remanded and the Court Adjourned to the Painted Chamber Painted Chamber The Court according to their former Adjournment from Westminster-Hall came together from thence into the Painted Chamber where they sate privately and Ordered as followeth Ordered That no Commissioner ought or shall depart from the Court without the special leave of the said Court This Court took into consideration the managing of the Business of the Court this day in the Hall and the King's Refusal to Answer notwithstanding he had been three several times demanded and required thereunto and have thereupon fully approved of what on the Courts part had then passed and Resolved That Notwithstanding the said Contumacy of the King and refusal to plead which in Law amounts to a standing mute and tacit Confession of the Charge and notwithstanding the Notoriety of the Fact charged the Court would nevertheless however examine Witnesses for the further and clearer satisfaction of their own Judgments and Consciences the manner of whose Examination was referred to further Consideration the next Sitting and Warrants were accordingly issued forth for summoning of Witnesses Mr. Peters moveth the Court as a Messenger from the King viz. That the King desires he might speak with his Chaplains that came unto him privately but the House of Commons having taken that into their Consideration the Court conceived it not proper for them to intermeddle therein The Court Adjourned it self till Nine of the Clock to morrow morning to this Place What passed in the Hall more at large than is related by Phelpes in this Days Transactions see in the following Discourse The King being brought in by the Guard looks with a Majestick Countenance upon his Pretended Judges and sits down After the second O Yes and Silence commanded Cooke began more insolently Cooke 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 exhibit a Charge against him containing the Highest Treason that 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 to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against the 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 favour than 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 Supreme 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 Crystal 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 England's 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. Bradshaw went on in the same strain 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 do not the Court cannot forget what dilatory 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 again That The Court did affirm their own Jurisdiction that it was not for You nor any other man to dispute the Jurisdiction of the Supreme 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 acknowledge 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
prosecute the Charge against the King according to the Act of the Commons Assembled in Parliament in that behalf and in particular the Court did appoint Mr. Steel Attorney and Mr. Cooke Solicitor to take care thereof And the Act for Constituting the said Court was ordered to be transcribed and delivered to the said Councel which was done accordingly Mr. Love Mr. Lisle Mr. Millington Mr. Garland Mr. Marten Mr. Tho. Challoner Sir John Danvers and Sir Henry Mildmay or any two of them are appointed a Committee to consider of all circumstances in matter of order and method for the carrying on and managing the Kings Tryal and for that purpose to advise with the Councel assigned to prove the Charge against the King and to make Report therein the next Sitting and the care of the business is particularly recommended to Mr. Love Edward Dendy Serjeant at Arms made return of the Precept of the Eighth instant for Proclaiming the Sitting of the Court which was received the said Serjeant Dendy having Proclaimed the same by the sound of Trumpet in Westminster Hall as also at the Old Exchange and in Cheapside Edward Dendy Serjeant at Arms is appointed Serjeant at Arms to attend the said Court Mr. John King is appointed Cryer of the said Court The Court having thus made preparations for the said Tryal during all which time they sate private the doors are now opened for all parties that had any thing to do there to give their attendance Three Proclamations being made by the Cryer the Act for constituting the said Court was openly read and the Court called the Commissioners present were as before-named The Commissioners that were absent were ordered to be summoned to attend the said Service and Summons were issued forth accordingly The Court Adjourned it self till Fryday Jan. 12 th at Two of the Clock in the Afternoon to the same place Januarii 12 1648. At which time the Commissioners Present were as after-named Die Veneris 12 Januarii 1648. Painted Chamber Commissioners Present Oliver Cromwell Esq Sir John Danvers Thomas Hammond Esq Peregr Pelham Esq Herbert Morley Esq James Temple Esq William Say Esq John Huson Esq Sir John Bourchier Kt. John Bradshaw Serj. at Law Gilbert Millington Esq John Moore Esq John Brown Esq John Fry Esq Sir Hardress Waller Kt. Adrian Scroope Esq Thomas Challoner Esq Thomas Pride Esq John Lisle Esq Owen Roe Esq Thomas Scot Esq John Jones Esq John Carew Esq John Fagg Esq Henry Marten Esq John Blackistone Esq John Dove Esq Henry Smith Esq John Ven Esq John Downs Esq Nicholas Love Esq Thomas Harrison Esq John Berkstead Esq With divers more Serjeant Bradshaw upon special Summons attended this Court being one of the Commissioners thereof and being according to former Order called to take his place of President of the said Court made an earnest Apology for himself to be excused but therein not prevailing in obedience to the Commands and Desires of this Court he submitted to their Order and took place accordingly and thereupon the said Court Ordered concerning him as followeth viz. That John Bradshaw Serjeant at Law who is appointed President of this Court should be called by the Name and have the Title of Lord President and that as well without as within the said Court during the Commission and Sitting of the said Court Against which Title he pressed much to be heard to offer his Exceptions but was therein over-ruled by the Court. Mr. Andrew Broughton attended according to former Order and it was thereupon again Ordered That Andrew Broughton and John Phelpes Gent. be and they are hereby constituted Clerks of the said Court and enjoyned to give their Attendance from time to time accordingly Ordered That the Councel assigned or such as They or any of Them shall appoint shall have power to search for all Records and Writings concerning the King's Tryal and to take into their custody or order the producing of all such Records and Papers or Copies thereof by any Clerk or other Person whatsoever at or before the said Tryal as they shall judge requisite the Said Councel giving a Note under their Hands of their Receipt of all such Original Books and Papers which they shall so take into their custody And that the said Councel shall have power to send for such person or persons at or before the said Tryal and to appoint by Writing under their Hands their Attendance for the Service of the State in this Business as they shall think requisite requiring all Persons concerned to yield Obedience thereunto at their perils Sir Hardress Waller Knight and Col. Harrison are Ordered to desire the Lord General from time to time to appoint sufficient Guards to attend and guard the said Court during their Sitting Ordered That Col. Tichbourne Col. Roe Mr. Blackistone and Mr. Fry Members of this Court shall and do make Preparations for the Tryal of the King That it may be performed in a Solemn Manner and that they take care for other necessary Provisions and Accommodations in and about that Tryal and are to appoint and command such Workmen in and to their Assistance as they shall think fit Mr. Love Reporteth from the Committee appointed Jan. 10 th instant to consider of the Circumstances in Matters of Order for Tryal of the King And it is thereupon Ordered That in managing the Proceedings in Open Court at the time of the King's Tryal none of the Court do speak but the President and Councel and in case of any Difficulty arising to any one that he speak not to the Matter openly but desire the President that the Court may please to Advise By which Order it is not intended that any of the Commissioners be debarred at the Examination of any Witness to move the Lord President to propound such Question to the Witness as shall be thought meet for the better disquisition and finding out of the Truth Ordered That there shall be a Marshal to attend this Court if there be cause Ordered That the Lord President and Councel do manage the Tryal against the King according to Instructions to be given them by the Court and that the Committee for considering of all circumstances for the managing of the King's Trial do consider of Rules and Instructions in that behalf and are to consult with the Councel and address themselves to the Lord President for Advice in the Premises Ordered That the Councel do bring in the Charge against the King on Monday next The Committee for considering of the Circumstances of Order for the King's Trial together with Sir Hardress Waller Col. Whaley Mr. Scot Col. Tichbourne Col. Harrison Lieut. Gen. Cromwell and Col. Deane are appointed to consider of the place for Trying the King and make Report to morrow in the Afternoon and are to meet to morrow Morning in the Inner Court of Wards at Nine of the Clock and who else of the Court please may be there The Court Adjourned it self till the Morrow in the Afternoon at
Hutchinson Reporteth from the Committee appointed to consider of the Habits of the Officers and it is thereupon Ordered That Three Gowns be Provided for three Vshers and Three Cloaks for Three Messengers of this Court Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge against the King that the Councel have perfected the Charge and are ready to present it He likewise reporteth the Draught of an Order whereby the Charge may by the Command of this Court be exhibited together with a Form of Words the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge Which said Order and Form of Words the Court have with some Alterations agreed unto as followeth It is Ordered That Mr. Attorney and in his absence Mr. Sollicitor do in the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes against CHARLES STVART King of England and charge him thereupon in the behalf aforesaid The Form of Words are as followeth My Lord ACcording to an Order of this High Court to me directed for that purpose I do in the Name and on the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes whereof I do accuse CHARLES STVART King of England here present And I do in the Name and on the behalf aforesaid desire the said Charge may be received accordingly and due Proceedings had thereupon The Councel likewise according to Mr. Millington 's Report present a Draught of the Charge against the King which was read the first and second and third time and referred back to the said Councel to make some small Amendments as to the Form thereof Ordered That Commissary Gen. Ireton Col. Whalley Col. Harrison Sir Hardress Waller or any two of them do appoint the Thirty Persons that are by Order of the 17th Instant to attend the King and the Twenty that are to attend the Lord President Ordered That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet The Court Adjourned it self till Nine of the Clock to morrow morning Sabbathi 20 Jan. 1648. Three Proclamations and Attendance commanded Ordered That Sir Henry Mildmay be desired to deliver unto John Humphreys Esq the Sword of State in his Custody which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court The Court being sate as aforesaid before they engaged in further Business the Serjeant at Arms of the House of Commons came thither and acquainted the Court that the House wanted their Members that were of that Court the Court thereupon Adjourned till twelve of the Clock the same day The Court accordingly met at twelve of the Clock Three Proclamations made Commissioners present Painted Chamber 20 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court Tho. L. Grey of Groby Henry Martin Oliver Crowwell Henry Ireton Augustine Garland Thomas Challoner Nicholas Love William Cawley John Venn William Purefoy John Barkstead James Challoner Peter Temple Tho. Harrison Robert Tichbourne John Hutchinson Sir Gregory Norton Sir Tho. Maleverer Bar. Daniel Blagrave Owen Roe Thomas Wogan William Say Francis Lassels John Jones Sir John Bourchier John Carew John Dewnes John Fry Sir Michael Livesey Sir John Danvers Mr. Millington Sir Hardress Waller John Blakistone John Huson Humphrey Edwards Isaac Pennington Ald. of Lond. John Brown Edw. Whalley John Okey Thomas Pride Adrian Scroope Valentine Wauton Tho. Hamond James Temple Peregrine Pelham Thomas Lister Edmond Ludlow Simon Meyne Thomas Scot. Edmond Harvy William Lord Mounson Henry Smith Sir William Constable Isaac Ewers Sir Henry Mildmay Anthony Stapeley Here the Court sate private Ordered That the Form and Method of the Courts Proceeding unto and in the reading of the Commission by which they Sit sending for and bringing in the Prisoner to the Bar acquainting him in brief with the cause of his bringing thither receiving and reading the Charge and demanding what the Prisoner says thereto be referred to the discretion of the Lord President as also That in case the Prisoner shall in Language or Carriage towards the Court be insolent outragious or contemptuous that it be left to the Lord President to reprehend him therefore and admonish him of his Duty or to command the taking away of the Prisoner and if he see cause to withdraw or adjourn the Court But as to the Prisoners putting off his Hat the Court will not insist upon it for this day and that if the King desire time to Answer the Lord President is to give him time Ordered Vpon the Lord President 's Desire and Motion That Mr. Lisle and Mr. Say Commissioners of this Court be Assistants to the Lord President and for that purpose it is Ordered that they sit near the Lord President in Court Mr. Sollicitor presented the Charge against the King ingrossed in Parchment which was read and being by Mr. Sollicitor Signed was returned to him to be exhibited against the King in his presence in open Court And thereupon the Court Adjourned it self forthwith to the Great Hall in Westminster The Manner of the Tryal of Charles Stuart King of England ON Saturday being the 20 th Day of January 1648. the Lord President of the High Court of Justice his two Assistants and the rest of the Commissioners of the said Court according to the Adjournment of the said Court from the Painted Chamber came to the Bench or Place prepared for their Sitting at the West End of the Great Hall at Westminster divers Officers of the said Court one and twenty Gentlemen with Partizans and a Sword and Mace marching before them up into the Court where the Lord President in a crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a crimson Velvet Cushion before him the rest of the Members placing themselves on each side of him upon several Seats or Benches prepared and hung with Scarlet for that purpose The Lord President 's two Assistants sitting next of each side of him and the two Clerks of the Court placed at a Table somewhat lower and covered with a Turky Carpet upon which Table was also laid the Sword and Mace the said Guard of Partizans dividing themselves on each side of the Court before them Three Proclamations are made for all persons that were Adjourned over thither to draw near The Court being thus sate and Silence enjoyned the Great Gate of the Hall was set open to the intent that all persons without exception desirous to see or hear might come unto it upon which the Hall was presently filled and Silence again ordered and proclaimed After Silence proclaimed as aforesaid the Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for Trying and Judging of CHARLES STVART King of
in which I having concluded as much as in Me lay and hopefully expecting the Houses Agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My Will brought hither vvhere 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 Major part of them are detained or deterred from Sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your Pretended Court. Besides all this the Peace of the Kingdom is not the least in My Thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole Frame of that Government under which this Kingdom hath flourished for many hundred Years nor will I say what will fall out in case this lawless unjust Proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late Years under the Reign of Queen Elizabeth the King My Father and My Self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any New And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the Ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your Pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will Answer or that you will withdraw your Proceedings This I intended to speak in Westminster-Hall on Monday January 22. but against Reason was hindred to shew my Reasons Painted Chamber Martis 23 Jan. 1648. Three Proclamations are made and all Parties concerned required to give their Attendance Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Sir James Harrington Kt. Francis Allen. Henry Marten Thomas Scot. Sir Hardress Waller Edm. Whalley John Venn Richard Deane John Huson Thomas Lord Grey of Groby William Purefoy Daniel Blagrave Isaac Pennington Ald. of Lond. Thomas Harrison Adrian Scroope Robert Lilbourne Sir Gregory Norton Cornelius Holland William Cawley Augustine Garland Nicholas Love Tho. Hamond John Moore Edmond Harvey Thomas Pride Henry Smith Thomas Challoner Miles Corbet John Okey Sir William Constable Bar. Gilbert Millington Humphrey Edwards Anthony Stapeley Robert Tichbourne Sir John Danvers Simon Meyne Vincent Potter Oliver Cromwell Edmond Ludlow John Blackistone Sir Henry Mildmay John Hutchinson Peter Temple Henry Ireton Sir Michael Livesey Bar. John Jones James Temple Isaac Ewers Sir John Bourchier John Fry Sir Tho. Maleverer Bar. Gregory Clement John Carew Tho. Andrews Ald. of Lond. John Dixwell Sir Gilbert Pickering Bar. William Heveningham Valentine Wauton John Downs Owen Roe Here the Court sate private And taking into consideration the Proceeding of the last Court the last day fully approved of what in their behalf had been then said and done and likewise taking into consideration the Demeanor of the King at the said Court have notwithstanding resolved to try him once more whether he will own the Court and to that purpose Ordered That the Lord President do acquaint the King in case he shall continue contumacious that he is to expect no further time and that the Lord President do therefore in the Name of the Court require his Positive and Final Answer and if he shall still persist in his obstinacy that the Lord President give Command to the Clerk to read as followeth viz. CHARLES STVART King of England you are accused on the behalf of the People of England of divers High Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your final and positive Answer by way of Confession or Denial of the Charge Nevertheless if the King should submit to answer and desire a Copy of his Charge that it be granted him by the Lord President notwithstanding giving him to know That the Court might in Justice forthwith proceed to Judgment for his former Contumacy and Failer to Answer and that he be required to give his Answer to the said Charge the next day at One of the Clock in the Afternoon Whereupon The Court Adjourned to Westminster-Hall forthwith Westminster-Hall 28 Jan. 1648. Post Merid. Three Proclamations being made and Attendance and Silence commanded as formerly The Court is thereupon called Commissioners present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Thomas Pride Isaac Ewer Henry Martin William Purefoy John Berkstead John Blakistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore William Say John Dixwell Sir Henry Mildmay Kt Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. Sir James Harrington Kt. Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. John Aldred Henry Smith James Temple Peter Temple Daniel Blagrave Humphrey Edwards Gregory Clement John Fry Thomas Wogan Sir Gregory Norton Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland Simon Meyne The Court being called the Serjeant is required to send for the Prisoner who was accordingly brought to the Bar where he took his Seat as formerly Proclamation is thereupon made for Silence while the Pleas of the Commonwealth are in hand and the Captain of the Guard commanded by Proclamation to take into custody all that shall disturb the Proceedings of the Court Mr. Sollicitor Cooke addressing himself to the Court repeated the former Delays and Contempts of the Prisoner so as that no more needed on his part but to demand Judgment yet offered notwithstanding the Notoriety of the Facts charged mentioned in the Commons Act appointing the Tryal to prove the Truth of the same by Witnesses if thereto required and therefore prayed and yet he said not so much he as the innocent Blood that had been shed the cry whereof was very great that a speedy Sentence and Judgment might be pronounced against the Prisoner at the Bar according to Justice Hereupon the Court putting the
Cause of withdrawing that then the Lord President do command the Sentence to be read but that the Lord President should hear the King say what he would before the Sentence and not after And thereupon it being further moved Whether the Lord President should use any Discourse or Speeches to the King as in the case of other Prisoners to be condemned was usual before the Publishing of the Sentence received general Directions to do therein as he should see cause and to press what he should conceive most seasonable and sutable to the Occasion And it was further directed That after the Reading of the Sentence the Lord President should declare that the same was the Sentence Judgment and Resolution of the whole Court and that the Commissioners should thereupon signifie their Consent by standing up The Court forthwith Adjourned it self to Westminster-Hall 27 Jan. 1648. post Merid. Westminster-Hall The Lord President and the rest of the Commissioners come together from the Painted Chamber to Westminster-Hall according to their Adjournment and take their Seats there as formerly and three Proclamations being made for Attendance and Silence The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Barkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregr Pelham Daniel Blagrave Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. L. Grey of Groby Sir John Danvers Sir Thomas Maleveâ—eâ— Bar. John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawleâ— Anthony Stapeley John Downs Thomas Horton Thomas Hamond Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter Temple Thomas Waite The Prisoner is brought to the Bar and Proclamation is again as formerly made for Silence and the Captain of the Guard ordered to take into his Custody all such as should disturb the Court. The President stood up with an intention of address to the People and not to the Prisoner who had so often declined the Jurisdiction of the Court which the Prisoner observing moved he might be heard before Judgment given whereof he received assurance from the Court and that he should be heard after he had heard them first Whereupon the Court proceeded and remembred the great Assembly then present of what had formerly passed betwixt the Court and the Prisoner the Charge against him in the Name of the People of England exhibited to them being a Court constituted by the Supream Authority of England his refusal three several days and times to own them as a Court or to answer to the Matter of his Charge his thrice recorded Contumacy and other his Contempts and Defaults in the precedent Courts upon which the Court then declared that they might not be wanting to themselves or to the Trust reposed in them and that no mans Wilfulness ought to serve him to prevent Justice and that they had therefore thought fit to take the substance of what had passed into their serious consideration to wit the Charge and the Prisoners Contumacy and the Confession which in Law doth arise upon that Contumacy the Notoriety of the Fact charged and other the Circumstances material in the Cause and upon the whole Matter had resolved and agreed upon a Sentence then ready to be pronounced against the Prisoner But that in regard of his desire to be further heard they were ready to hear him as to any thing material which he would offer to their consideration before the Sentence given relating to the Defence of himself concerning the Matter charged and did then signifie so much to the Prisoner who made use of that leave given only to protest his respects to the Peace of the Kingdom and Liberty of the Subject and to say That the same made him at last to desire That having somewhat to say that concerned both he might before the Sentence given be heard in the Painted Chamber before the Lords and Commons saying it was fit to be heard if it were Reason which he should offer whereof they were Judges And pressing that Point much he was forthwith answered by the Court and told That that which he had moved was a declining of the Jurisdiction of the Court whereof he had Caution frequently before given him That it sounded to further delay of which he had been too much guilty That the Court being founded as often had been said upon the Authority of the Commons of England in whom rested the Supream Jurisdiction the motion tended to set up another or a co-ordinate Jurisdiction in derogation of the Power whereby the Court sate and to the manifest delay of theif Justice in which regard he was told they might forthwith proceed to Sentence yet for his further satisfaction of the entire Pleasure and Judgment of the Court upon what he had then said he was told and accordingly it was declared that the Court would withdraw half an hour The Prisoner by command being withdrawn the Court make their recess into the Room called The Court of Wards considered of the Prisoners Motion and gave the President Direction to declare their Dissent thereto and to proceed to the Sentence The Court being again set and the Prisoner returned was according to their Direction informed That he had in effect received his Answer before the Court withdrew and that their Judgment was as to his Motion the same to him before declared That the Court acted and were Judges appointed by the Highest Authority and that Judges were not to delay no more than to deny Justice That they were good words in the great old Charter of England Nulli negabimus nulli vendemus nulli differemus Justitiam vel Rectum That their Duty called upon them to avoid further Delays and to proceed to Judgment which was their unanimous Resolution Unto which the Prisoner replied and insisted upon his former Desires confessing a delay but that it was important for the Peace of the Kingdom and therefore pressed again with much earnestness to be heard before the Lords and Commons In Answer whereto he was told by the Court That they had fully before considered of his Proposal and must give him the same Answer to his renewed desires and that they were ready to proceed to Sentence if he had nothing more to say Whereunto he subjoyned He had no more to say but desired that might be Entred which he had said Hereupon after some Discourse used by the President for vindicating
and Collonel Sidney professeth boldly that he dies a Martyr that Old Cause in which he had from his Youth been trained up The Dissenters esteem him no less Now do I appeal to themselves if they do not think the Cause for which he Glories that he died a Martyr a Righteous Cause Nay and Gods Righteous Cause too If they do not think so why do they so zealously embrace and so far as they may without danger of the Laws encourage support and defend it by continuing so pertinaciously in their Separation the very Badge and distinguishing Character of those who have devoted themselves to it Most assuredly if they did not think so of it they would for ever abandon it And if they do think and believe that it is Gods Righteous Cause they will judge themselves under the most powerful Obligations in the World upon occasion offered to be assistant with their Persons or Purses to maintain it and even to fight the Lords Battels against the Mighty And were it possible to keep the Two Devils of Fear and Dissimulation from jogging their Elbows and pulling them by the Sleeves to make them conceal the depth of their Hearts I do strongly assure my self that they would boldly tell the World and proclaim it by the sound of Trumpet and beat of Drum That they esteem nothing they possess not their very Lives too precious if they may be instrumental in carrying on the Glorious Reformation of the Old Cause And here are the Dimensions of this late Conspiracy the depth and breadth of the Plot which Walcot mentions which is not one hairs breadth narrower or one inch shallower than the united Strength Power and Interest of the whole Faction of the Dissenters who would once again have adventured not only Bodkins and Thimbles Plate Money Horses and Arms but their Lives also to set up this Golden Calf of their Old Cause had not God been more Gracious and Merciful to them and the whole Nation than to suffer them by Success in this Wicked Enterprize to run headlong to our Ruine and their own Damnation Let it suffice That all Wise Men know that the strength of this detestable Conspiracy was built upon no other Foundation than the Hopes and Confidence which the Traytors had from some of the Principal of them of the Assistance the Vigorous Unanimous Assistance of the Dissenters and that all Good Honest and Loyal men believe it nay that they who seem most to dispute or doubt it are conscious to themselves of their own good wishes not only to the Principal Traytors but even to the Treason and since it is well known they have long ago abandoned all shame for such Imputations nothing but the disappointment of their hopes and expectations could be the Cause of that Universal damp consternation amazement and dejection which were so visibly painted in their Faces that one might know them by those Marks from other men as they walk't the Streets And though they are somthing recovered out of the trance of their Sorrows and have reassumed some part of their wonted courage and confidence yet even that courage betrays their guilt whilest they wholly imploy it to discredit all belief of the truth of this Conspiracy And it is almost impossible to give a more infallible Demonstration for the certainty of any thing in this World than for this and that they must of necessity be in some sort or other Guilty themselves who Ridicule Extenuate Palliate Applaud Justifie and use all the Arts imaginable not only to make their Party appear Innocent but to make the whole Plot an Artifice and a Contrivance and to arraign the Supreme Power and the Justice of the Nation as Guilty by the Condemnation and Execution of the Principal Traytors and Accomplices in the Treason And certainly they have no thoughts of abhorrence and detestation of such black and execrable Villanies nor any intentions to abandon them who do so warmly hugg and cherish the only Cause of this and so many other Treasons Plots and Conspiracies both against the late King and his present Majestie their wicked Principle of Separation which is the Mother of all those Seditions Insurrections and Rebellions which to their cost these Nations have so often felt For when Men have once separated themselves from the Ecclesiastical they do at the same instant cut the Cords and Ligaments of Obedience to the Civil Government they by usurping Soveraign Power to dispense with the Obligation of any one Law bid open defiance to the very Essence of all Laws and without the consent of King Lords and Commons undertake to Abrogate Repeal and make not only void but unlawful and unjust and intolerable such Acts of Parliament as were by the Common Consent of the King and the Three Estates of the Realm Enacted to retain the Subjects in their due Obedience and cannot without shocking the very Foundations of the Government be cancelled by any other Authority than that which at first gave them being So that they are in actual Rebellion even at the first step though not in actual Arms and open Hostility against the King the Laws and the very Constitution and Life of the Government which consists in the Power and Authority of making Laws and exacting Obedience to them Now this disobedience to the Laws and thereby disowning the Authority which made them naturally leads the transgressors to fear the Penalties of those Laws which they have violated and to dread the threatning edge of the Sword of Justice the Guardian of those Laws with which the Supreme Magistrate is by God intrusted to punish the Disobedient and preserve the Peace and Tranquillity of Human Society Now Fear is only so much the Elder Brother of Hatred as Esau was to Jacob that smooth Supplanter ever lays hold of the Heel of its hairy Brother and when men are once advanced to hate what they fear they do immediately proceed to wish desire and indeavour to put themselves out of the reach of danger from what they both fear and hate When these two Passions thus adopted into the Family of Religion have once taken full possession of Mens Minds it is not long before they Precipitate them into the Search of all Ways and Contrivances how to secure themselves which because they cannot immediately obtain they presently fall to accusing the Laws of Injustice and the Magistrates of Tyranny and Persecution that so their disobedience may find a Refuge under the shelter of their pretended Innocence for which they can have no other Foundation but the Charging the Laws themselves with want of Equity and Justice Nor is the Government only to be thus accused as unrighteous and despised as unjust and obedience to its Laws renounced as unlawful but their fear and hatred put them upon all the Out-side Acts of Hypocritical Piety and dissembled Sanctity that by them they may win both Pity and gain a Party and so intrench themselves in the Fortifications of Numbers hoping for
will clear me of it I will not I am in Charity God forbid that I should lay it on the Two Houses of Parliament there is no necessity of either I hope they are free of this Guilt For I do believe that ill Instruments between them and me have been the chief Cause of all this Bloodshed So that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that God's Judgments are just upon me many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That an unjust Sentence that I suffered to take effect is punished now by an unjust Sentence upon me That is So far 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 will bear me witness that I have forgiven all the World and even those in particular that have been the chief causers of my Death Who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great Sin in that Particular I pray God with St. Stephen that this be not laid to their Charge Nay not only so but that they may take the right way to the Peace of the Kingdom For my Charity commands me not only to forgive particular men but my Charity commands me to endeavour to the last gasp the Peace of the Kingdom So Sirs I do wish with all my Soul and I do hope there is some here will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way First You are out of the way For certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest Certainly this is an ill way for Conquest Sir in my opinion is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond it the first Quarrel that you have to it that makes it unjust at the end that was just at the first But if it be only matter of Conquest then it is a great Robbery as a Pyrate said to Alexander the Great That he was the great Robber he was but a petty Robber And so Sir I do think the way that you are in is much out of the way Now Sir for to put you in the way believe it you will never do right nor God will never prosper you until you give God his Due the King his Due that is My Successors and the People their Due I am as much for Them as any of you You must give God his Due by Regulating rightly his Church according to his Scripture which is now out of Order For to set you in a way particularly now I cannot but only this a National Synod freely Called freely Debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Axe he said Hurt not the Axe that may hurt me For the King The Laws of the Land will clearly instruct you for that therefore because it concerns my own Particular I only give you a Touch of it For the People And truly I desire their Liberty and Freedom as much as any body whomsoever but I must tell you that their Liberty and Freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them a Subject and a Sovereign are clear different things And therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves Sirs it was for this that now I am come here If I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your Charge that I am the MARTYR of the People In troth Sirs I shall not hold you much longer for I will only say this to you That in truth I could have desired some little time longer because that I would have put this that I have said in little more order and a little better digested than I have done and therefore I hope you will excuse me I have delivered my Conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then the Bishop said Though it be very well known what your Majesties Affections are to the Protestant Religion yet it may be expected that You should say somewhat for the Worlds satisfaction in that Particular Whereupon the King replied I thank you very heartily My Lord for that I had almost forgotten it In troth Sirs My Conscience in Religion I think is very well known to all the World and therefore I declare before you all That I die 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 He said Sirs Excuse me for this same I have a good Cause and I have a gracious God I will say no more Then to Col. Hacker he said Take care that they do not put me to pain And Sir this and it please you But a Gentleman coming near the Axe the King said Take heed of the Axe pray take heed of the Axe And to the Executioner he said I shall say but very short Prayers and when I thrust out my hands Then he called to the Bishop for his Cap and having put it on asked the Executioner Does my Hair trouble you Who desired him to put it all under his Cap which as he was doing by the help of the Bishop and the Executioner he turned to the Bishop and said I have a good Cause and a gracious God on my side The Bishop said There is but one Stage more which though turbulent and troublesome yet it is a very short one 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 to your great Joy the Prize you hasten to a Crown of Glory The King adjoyns I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Bishop You are exchanged from a Temporal to an Eternal Crown A good