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A63490 A True copy of the journal of the High Court of Justice for the tryal of K. Charles I as it was read in the House of Commons and attested under the hand of Phelps, clerk to that infamous court / taken by J. Nalson Jan. 4, 1683 : with a large introduction. Charles I, King of England, 1600-1649, defendant.; Phelps, John, fl. 1636-1666.; Nalson, John, 1638?-1686. 1684 (1684) Wing T2645; ESTC R5636 141,696 216

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bring this Design to pass he hath prosecuted it with Fire and Sword Levied and maintained a cruel VVar in the Land against the Parliament and Kingdom whereby the Country hath been miserably wasted the Publick Treasure Exhausted Trade decayed thousands of People murdered and infinite other mischiefs committed For all which high and treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign Punishment VVhereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the distempers of the Kingdom did forbear to proceed Judicially against him but found by sad Experience that such their Remisness served only to encourage him and his Complices in the continuance of their evil practices and in raising of new Commotions Rebellions and Invasions for prevention therefore of the like or greater Inconveniences and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Nation and to expect Impunity for so doing Be it Ordained and Enacted by the Commons in Parliament and it is hereby Ordained and Enacted by Authority thereof That Thomas Lord Fairfax Oliver Cromwell Henry Ireton Esquires Sir Hardress Waller Knight Philip Skippon Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingoldsby Henry Mildmay Esquires Sir Thomas Honywood Thomas Lord Grey of Groby Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Sir James Harrington Sir William Allanson Sir Henry Mildmay Sir Thomas Wroth Knights Sir William Masham Sir John Barrington Sir William Brereton Baronets Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Rowland Wilson Aldermen of the City of London Sir Peter Wentworth Knight of the Bath Henry Martin William Purefoy Godfrey Bosvile John Trenchard Herbert Morley John Berkstead Matthew Tomlinson John Blackiston Gilbert Millington Esquires Sir William Constable Baronet Edmond Ludlow John Lambert John Hutchinson Esquires Sir Arthur Hesilrige Sir Michael Livesey Baronets Richard Salwey Humphry Salwey Robert Tichbourn Owen Roe Robert Manwaring Robert Lilbourn Adrian Scroop Richard Deare John Okey Robert Overton John Huson John Desborough William Goff Robert Duckenfield Cornelius Holland John Carey Esquires Sir William Armyn Baronet John Jones Esquire Miles Corbet Francis Allen Thomas Lister Benjamin Weston Perigrin Pelham John Gourdon Esquires Francis Thorp Serjeant at Law John Nutt Thomas Challoner Algernon Sydney John Anlaby John Moore Richard Darley VVilliam Say Joh. Aldred John Fagg James Nelthorp Esquires Sir VVilliam Roberts Knight Francis Lastells Alexander Rigby Henry Smith Edmond VVild James Challoner Josias Berners Dennis Bond Humphrey Edwards Gregory Clement John Fry Thomas VVogan Esquires Sir Gregory Norton Baronet John Bradshaw Serjeant at Law Edmond Harvey John Dove John Ven Esquires Iohn Fowks Alderman of the City of London Thomas Scot Esquire Thomas Andrews Alderman of the City of London William Cawley Abraham Burrell Anthony Stapeley Roger Gratwick Iohn Downs Thomas Horton Thomas Hammond George Fenwick Esquires Robert Nicholas Serjeant at Law Robert Reynolds Iohn Lisle Nicholas Love Vincent Potter Esquires Sir Gilbert Pickering Baronet Iohn Weaver Roger Hill Iohn Lenthall Esquires Sir Edward Banton Iohn Corbet Thomas Blunt Thomas Boon Augustine Garland Augustine Skinner Iohn Dixwell George Fleetwood Simon Meyne Iames Temple Peter Temple Daniel Blagrave Esquires Sir Peter Temple Knight and Baronet Thomas VVayte Iohn Brown Iohn Lowry Esquires Shall be and are hereby Appointed and Required to be Commissioners and Judges for the Hearing Trying and Adjudging of the said Charles Stuart And the said Commissioners or any Twenty or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster and to adjourn from time to time and from place to place as the said High Court or major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned and for the receiving of his personal Answer thereunto and for the examination of VVitnesses upon Oath which the Court hath hereby Authority to administer or otherwise and taking any other Evidence concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and such final Sentence to execute or cause to be executed speedily and impartially And the said Court is hereby Authorized and required to appoint and direct all such Officers Attendants and other circumstances as they or the major part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises And Thomas Lord Fairfax the General and all Officers and Soldiers under his command and all Officers of Justice and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed Provided That this Act and the Authority hereby granted do continue in force for the space of one Month from the making hereof and no longer Hen. Scobell Cler. Par. Dom. Com. In pursuance of which said Act the House of Commons Ordered as followeth viz. Die Sabbati 6. Jan. 1648. ORdered by the Commons Assembled in Parliament That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart King of England do meet on Monday next at two of the Clock in the afternoon in the Painted Chamber By virtue of which said recited Act and of the said Order grounded thereupon the Commissioners whose Names are here under-written met on Monday the said eighth day of January 1648. in the said Painted Chamber at Westminster where the said Act was openly read and the Court called Commissioners Present Thomas Lord Fairfax Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Valentine Wauton Edward Whaley Thomas Pride Isaac Ewers Sir Gregory Norton Bar. Peter Temple Esq John Ven Esq Thomas Challoner Esq Henry Martin Esq John Berkstead Esq Gilbert Millington Esq Richard Deane Esq Cornelius Holland Esq John Jones Esq John Aldred Esq Henry Smith Esq John Lisle Esq James Temple Esq Adrian Scroope Esq Edmond Ludlow Esq John Huson Esq Thomas Harrison Esq Nicholas Love Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho Maleverer Bar. Sir John Bourchier Sir Henry Mildmay James Challoner Esq Gregory Clement Esq John Fry Esq Augustine Garland Esq Daniel Blagrave Esq Robert Tichbourn Esq Wil. Heveningham Esq William Purefoy Esq John Blackistone Esq William Lord Mounson John Okey Esq John Carew Esq
and Earth is no warrant for Tender Conscience to joyn with ungodly Parishes in the choice of Spiritual Elders to Govern Gods Spiritual House Resolved c. That the Lords and Commons Assembled in Parliament have the Civil Government over the Bodies and Estates in Civil things but the Lord Jesus in Spiritual Resolved c. That the Kingdom of England and Dominion of Wales and the Parish Churches and Chappels therein have not yet been proved to tender Conscience to be Churches of Christ Nor have the Directions that passed both Houses bearing Date 19 August 1645. Nor the supplying Ordinance since nor hath any thing of that nature been proved to be according to the Word of God and that Tender Conscience never read of Classes's nor Parochial Congregations in the Bible Resolved c. That therefore such Election of Parochial Congregational Elders the Warning thereof and the Sermon preparatory is in the Judgment of tender Conscience a taking Gods Name in vain Resolved c. That the Major part of the Parishes being Ungodly will chuse Ungodly Elders and that not all such as have taken the National Covenant are fit to chuse Godly Elders that many persons under Age and Servants without Families are more Godly than their Parents and Masters that keep Families and in Christs Church not to be excepted against in the Choice of Church-Officers seeing that all Saints both Jews and Gentiles Bond and Free are all one in Christ Gal. Chap. 3. ver 28. And that his Saints are not to have the Faith of Jesus Christ the Lord of Glory in respect of Persons Resolved c. That the Lord Mayor and Cities Presidents or any Presidents which tend or have tended to the taking away or obstruction of the Settlement or Establishment of the Antient bounds of Liberty of Conscience cannot amount in the least to be any binding President to Tender Conscience Finally It is Resolved c. That the Lord of Tender Conscience is Lord of all Lords and Laws and never Ordained to bring in any thing into his Worship but that which First was by his own Institution and that therefore all Acts Ordinances Votes Protestations Declarations c. made or which hereafter without the Word of God shall be made by any Person or Persons whatsoever shall be of no Force against Tender Conscience in the Worship of God and that though such Humane Acts Ordinances c. take hold only of all those Men that have the Mark of the Beast but that Tender Conscience and the Friends thereof shall be Exempted there-from May 1. 1646. Ordered to be Printed Christian Meekness Clerk to Tender Conscience Several Votes of Tender Conscience Printed July 28. 1646. Pray do you own this Paper good Mr. Independent Indep Why truely Sir I do own it and since you are so hot upon inslaving of poor Tender Consciences I am to deal plainly with you and to tell you that the Manner of a true pure and perfect Reformation is hidden from your Eyes You Presbyterians are Friends to the Midnight of Popery your Directory is the Golden Calf of your own Invention your Two Children are Power and Maintenance The Angel of the Lord hath Smitten you with Blindness as he did the Sodomites else you would have found the Door of the Visible Church Your Way is a persecuting Way Your Blind Guides would all be Controllers You are like your Fore-Fathers the Blood-Thirsty Bishops you Pollute Prophane and Trample under Foot Christs precious Truths you derive your Ordination from the Antichristian Prelates and are the Second Beast Rev. Chap. 13. ver 2. What can be said bad enough of this Sect of the Blasphemous Persecuting Treacherous Presbyterians Popish Presbyterians Prophane Presbyterians 'T is you that wherever you come are guilty of all Divisions in Towns Cities Families you even you Presbyterian Praters all whose Ways are Impure Imperfect and Impious Come on Sir I 'll shew you your Picture here in a Broad-side Do you see that Winged Heart mounting towards Heaven that is Tender Conscience look there on the Right hand stands the Pope with the Latin Mass-book in one of his hands and in the other a Sword to wound Tender Conscience on the left hand stands a Prelate in the same Posture holding in his left hand The Liturgie and in the middle d' ye mark there stands your Dapper Sir Jack Presbyter in his Cloak in one hand a Dagger with which he attempts to Wound the Winged Heart and in his other hand the Directory Look ye all these three are linked together in one Chain to shew that they have all the same Design but Presbyter is the Worst of the Three for if you observe you will see he tramples upon a Crown Imperial which he hath gotten under his Feet but pray mark the Curst Cow hath the shortest Horns your Presbyters's Dagger is too short and how good soever his Will may be here 's a Weight with a Chain fastened to his Bloody Dagger-hand so that he is not able to reach the Flying Heart but that by the Help of her Wings Tender Conscience mounts out of his and the reach of all her Enemies and The more You wound my dear and precious Tender Heart The more Your Seared ones shall feel the grievous Smart All Three to injure me as Mortal Foe Encreaseth your Eternal Wo Wo Wo. Rev. 8.13 Dictated thoughts upon the Presbyterians late Petitions for Complete and Vniversal Authority in Divine Ordinances to be conferred upon them by Humane Authority Printed April 14. 1646. Presbyt Most certainly by his Foming at the mouth the Man is distracted and perfectly Raves but Sir I shall give your Courage a Cooling Julep by informing the House concerning you Indep What do you tell us of the House or the Parliament I must tell you that opposing of Independency is a perfect Theomachy a plain Fighting against God We are under the Government of Christ alone No Power on Earth or Earthly Lawgivers may can or ought to give Laws for the Government of the Church Neither Kings nor Parliaments nor Synods have Authority to prescribe Laws or Rules for Church Government to make Coactive Laws to bind Conscience to Conformity or to inflict Mulcts or Penalties for contempt or disobedience For the Members of Parliament are chosen but by a Secular Rout by the Generality and Riff-Raff of the World Papists Atheists Drunkards and Swearers And the Parliament's Claiming this Power is seven times more undermining and destructive of their Power Honor Peace and Safety it is claiming the incommunicable Prerogative and Regalities of Heaven an attempt to make themselves equal with God Truth Triumphing over Falshood c. by W. Pryn Printed by the Order of the House of Commons June 2. 1644 In the Epistle Dedicatory to the Parliament Presbyt You give the Parliament good incouragement to favour you But I doubt not but they and all honest Men are sufficiently sensible of and acquainted with your Temper and Inclinations but lest