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A40615 The full proceedings of the High Court of Iustice against King Charles in Westminster Hall, on Saturday the 20 of January, 1648 together with the Kings reasons and speeches and his deportment on the scaffold before his execution / translated out of the Latine by J.C. ; hereunto is added a parallel of the late wars, being a relation of the five years Civill Wars of King Henry the 3d. with the event of that unnatural war, and by what means the kingdome was settled again. Charles I, King of England, 1600-1649, defendant.; Chamberlayne, Edward, 1616-1703. Present warre parallel'd.; J. C. 1654 (1654) Wing F2353; ESTC R23385 51,660 194

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of March with the reliques of the Royall Army were united and well ordered they resolved to give his Excellency the Earl of Leicester battel At Evesham in Worcestershire by a speedy and unexpected march they came upon him The Earl seeing himself engaged to fight gave order that his own coat-armour should be put upon the King who was then a prisoner in the Army and that the King for the safety of his person forsooth should be placed in the front of the battel that so if the battel went against him the King might be aimed at as Generall and his Excellency thereby make his escape But the King at the first Charge called out to the loyall Army that he was their King and so was preserved yet not without the losse of some of his own being wounded by a javelin as well as his subjects blood the battel was very violent and went sore against the Rebels at length the Earl himself the head of this Rebellion was cut off at the instant of whose death there hapned such extraordinary lightning and thick darknesse that it struck a generall horrour and amazement into the hearts of the Rebels as if the King of Kings would now at last visibly revenge the Kings quarrell or as if they had seen Gods immediate hand against them as once against Corah and the 250 Assembly men Num. 16. v. 35. for the like rebellious practises In this signall Battel were slain besides the Earl and his son sixteen Lords and Knights and about ten thousand more of the Rebells part The Earls Corps was strangely though not undeservedly handled by the people who were so inraged against him the chief actour and authour of their so much mischief and misery that in dispight of him they lopt off his head hands feet and privy members and sent them in scorn for tokens to severall places his body was buried in Evesham Church Notwithstanding this there were many ignorant people who had been by specious pretences abused and seduced to that side that were of opinion for a long time after that he dyed a Martyr because it was in defence of their holy as they thought but indeed impious Covenant Oath Two of the Earls sons were at the same fight taken prisones not long after they made an escape out of Prison but cold not escape Gods vengeance on Rebels for in France In miseriis dies suos finiverunt The Countesse being banished died a Nunne in France All the Earls Honours and Possessions were conferred upon Edmond Earl of Lancaster the Kings second son And thus ended this great fiery Meter in a stench Thus fell our English Cataline as M. Cambden styles him a man in shew fair and honest but indeed Vir pravo ingenio profundâ perfidiâ of a perverse disposition and treacherous beyond any mans suspition after his Soveraign had heaped upon him many high favours as the Earldome of Leicester and that high and honourable office of Lord high Steward and to endear him the more had given him his own Sister in marriage in token of thankfulnesse he doth his utmost endeavour to diminish the Kings known authority to subject him to the wills of his Subjects to pull down Monarchicall government and set up a factious Oligarchy and all under that fair common pretence of restoring Religion to its purity and the People to their liberty The K. thus happily preserved almost miraculously all things considered set at liberty about a Month after calls a Parliament at Winchester no more at London untill it was more loyall and lesse tumultuous where by a full Convention it was enacted That all Statutes and Ordinances made by the former Parliament called the wood or mad Parliament should be repealed and all writings and bonds then sealed by the King for observing the same should be cancelled and made void· That the City of London ob suam Rebellionem for this her Rebellion should be deprived of all her ancient Priviledges and Liberties and the Ringleaders of them Iuxta voluntatem ipsius Regis plecti to suffer such punishment as his Majestie was pleased to inflict Et ditiores Civitatis in carcerem truderentur saith Matth. Westm. Pro eo quod Simoni in Regis contemptum etiam damnum Regni fortiter adhaeserint that the wealthier Citizens should be cast in Prison because they had in contempt of his Majestie and great dammage and mischief of the Realme assisted the Earle Furthermore it was there enacted that all such as had favoured the Rebels were they now in Prison or at large should forfeit all their estates Afterward the King marcht with a great power to Windesore resolving as the fame then went to destroy the whole City of London many of the Rable and wild Commonars saith Fabian were as resolved to defend the City against him but the wiser sort thought better to become humble Petitioners for their padon of what was past then to incense his Majestie any farther and to that end drew up an humble Petition and presented it to the King but their late rebellious carriage had so farre provoked his Majesties patience that he would not so much as admit of their Petition or hearken to any that endeavoured to mediate for them Hereupon they were advised to draw up an instrument or writing whereby they should yield themselves wholly both bodies and goods to the Kings mercy which was done accordingly and sealed with the common Seal of the City His Majesty upon earnest suit unto him accepted hereof giving present expresse command that all the chains and Posts which they had placed at every street and lanes end should be forthwith carried to the Tower and that the Mayor and fourty of the chief Citizens should repair unto him the next day and confirm their said writing this was done and they all came accordingly but contrary to their expectation though not deserts were all delivered into the custody of the Constable of Windesore Castle and shut up there in a large Tower where they had small chear and worse lodging The next day toward night all but five whereof the Mayor was one had their enlargement Those five their bodies and goods were as a boon bestowed on the Prince the rest were commanded to attend at Windesore for a long time after Sixty or seventy wealthy Citizens with all their Land Goods and Chattels did the King dipose to his houshold servant For the Government of this unruly City the King appointed one O●hon a forreigner or stranger first Constable of the Tower and then Custos or Warden of the City to pull down their haughty spirits and that his Peace for the future might be surely kept he required the best mens sonnes in the City for Hostages these he clapt up in the Tower and caused them to be there kept at the cost and charges of their Parents Daily suit was made unto his Majesty for his Pardon and Favour but in vain then they petition the King
the liberties and the properties of England Truly Sir It makes me to call to minde I cannot forbear to expresse it for sir we must deale plainly with you according to the merits of your Cause for so is our Commission It makes me I say to call to mind what I have read of a great Roman Emperor a great Roman Tyrant I may call him Caligula by name who wished that the people of Rome had but one neck that at one blow he might cut it off Your proceedings have been something like to this the people of England have been and are no where else to be represented but in parliament and could you have but confounded that you had at one blow cut off the neck of England But God hath reserved better things for us and hath been pleased to break your forces and to overthrow your designes and to bring your person into custody that you might be answerable unto justice Sir we know very well that it is a question which hath been much pressed by your side By what presidents we shall proceed Truly sir for presidents I shall not at this present make any long discourse on that subject howsoever I shall acquaint them that it is no new thing to cite presidents all most out of all Nations where the people when power hath been in their hands have not sticked to call their Kings to an account and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people I will not waste time to mention France or Spain or the Empire of Germany or any other country Volumnes may be written of it But truly sir that president of the kingdom of Arragon hath by some of us been thought upon The justice of Arragon is as a man tanquam in medio positus it is placed between the people of that country and the king of Spain so that if wrong be done by the King of Arragon the justice of Arragon hath power to reform that wrong and he is acknowledged the Kings superiour and bring the grand prisoner of the priviledges and liberties of the people he hath prosecuted against the Kings for their misgovernment Sir What the Tribunes were heretofore to Rome and what the Ephori were to the State of Lacedemon we sufficiently know they were as the parliament of England to the English State and though Rome seemed to have lost her liberty when once the Emperours were constituted yet you shall finde some exemplar Acts of justice even done by the Senate of Rome on the great Tyrant of his time Nero who was by them condemned and adjudged unto death But why Sir should I make mention of these Forreign Histories and Examples unto you If we shall look but over the Tweede we shall finde examples enough in your native Kingdome of Scotland If we look on your first king Forgusius he was an elective King he died and left two sons both in their minority The elder brother afterwards giving small hopes to the people that he would govern them well so because he endeavoured to have supplant his Uncle who was chosen by the people to govern them in his minority he was rejected by the people for it and the younger brother was chosen c. Sir I will not take upon me to expresse what your Histories do at large declare you know very well that you are the hundred and nineth King of Scotland to mention all the Kings which the people of that kingdome according to their power and priviledge have made bold to deale withall either to banish imprison or put to death would be too long a story for this time and place Reges say your own Authors we created Kings at first Leges c. we imposed Laws upon them and as they were chosen by the Suffrages of the people at the first so upon the same occasion by the same Suffrages they may be taken down again and of this I may be bold to say that no Kingdome in the world hath yielded a more plentifull experience than your native Kingdome of Scotland on the deposition and the punishment of their transgressing Kings I need not go far for an Example your Grandmother was set aside and your father an Infant crown'd This State hath done the like in England The Parliament and people of England have made bold to call their King to an account therein frequent Examples of it in the Saxons time the time before the Conquest and since the Conquest there have not wanted some presidents King Edward the second King Richard the second were so dealt with by the Parliament and were both deposed and deprived and truly Sir whosoever shall look into their stories shall not find the Articles that are charged upon them to come near to the height and the Capitalnesse of the crimes that are laid to your charge nothing near Sir you were pleased the other day to alledge your Descent and I did not contradict it but take all together if you go higher than the Conquest you shall find that for almost a thousand years these things have been and if you come down since the Conquest you are the four and twentieth King from William called the Conquerour and you shall find one half of them to come meerely from the State and not meerely upon the point of Descent This were easie to be instanced The time must not be lost that way I shall onely represent what a grave and learned Judge said in his time who was well known unto you the words are since printed for posterity That although there were such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their Titles when it was declared by Parliament And Sir your Oath and the manner of your Coronation doth planly shew that the Kings of England although its true by the Law the next person in bloud is designed yet if there were a just cause to refuse him the people of England might do it For there is a Contract and a bargain made betwixt the King and his people and your Oath is taken and certainly Sir the Bond is reciprocall for as you are Liege Lord so are they Liege Subjects and we know very well that Legantis est duplex the one is a Bond of perfection that is due from the Soveraign the other is a Bond of Subjection which is due from the Subject for if this Bond be once broken farewell Soveraignty Subjectio trahit c. These things may not be denyed for 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 you ought to be a Protector of England or a destroyer of England let all England judge or all the world that hath beheld it and though Sir you have it by inheritance in the way that is spoken of yet it cannot be denyed but