CHARLES I. KING OF ENGLAND c. England's black Tribunall Set forth in the TRIALL OF K. CHARLES I. At a High Court of Justice at Westminster-Hall Together with his last Speech when he was put to death on the Scaffold January 30. 1648. To which is added the several dying Speeches and manner of the putting to death of Earl of Strafford Arch-Bishop of Canterbury Duke Hamilton Earl of Holland Lord Capell Earl of Darby Sir Alex. Carew Sir John Hotham Capt. Hotham Mr. Nath. Tomkins Mr. Chaloner Col. Jo. Morris Cor. Blackburn Col. Andrews Sir Hen. Hide Col. Gerrard Mr. Pet. Vowell Col. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewet The fourth Edition corrected and enlarged London Printed for J. Playford 1660. TO THE READER WHereas there has been printed of late years many severall impressions of the Relation of the Tryall of King Charles the 1 st and of the manner of the putting him to Death many of which have been very imperfect having had most of the remarkable passages left out But in this Edition some paines and care has been used to have it exact and perfect the which the Reader will find made good if he compare it to any of the former Printed copies Also an addition of the dying speeches of such of the English Nobilite Clergie and Gentry as has been executed for the cause of the late King from 1642. to 1659. of all which these following are true and exact Copies as no doubt will appear to the reader in the perusuall thereof I. P. A Table of the matters contained in this Book AN Act for the Tryall of the King Pag. 1 The first days proceedings Pag. 6 The Charge drawn up against the King Pag. 8 The second days proceedings Pag. 17 The third days proceedings Pag. 25 The fourth days proceedings K. Charles conference with his children His speech on the Scaffold His letter to his Sonne a little before his death An Elegie on the Death and sufferings of K. Charles A Table of the Speeches The E. of Straffords speech to the Court after his sentence Pag. 49 The E. of Straffords speech on the Scaffold Pag. 53 Mr. Nath. Tomkins Elegie Pag. 58 Mr. Chalenors speech at his Execution Pag. 61 Sir Alex. Carews speech on the Scaffold Pag. 65 Capt. John Hothams speech on the Scaffol Pag. 68 Sir John Hothams speech on the Scaffold Pag. 69 Arch Bishop of Canterburys speech on the Scaffold Pag. 72 Duke Hamiltons speech on the Scaffold Pag. 84 Earl of Hollands speech on the Scaffold Pag. 98 Lord Capells speech on the Scaffold Pag. 124 Col. John Moris speech at his Execution Pag. 121 Cor. M. Blackburn speech at his Execution Pag. 125 Col. Andrews speech on the Scaffold Pag. 126 Sir Hen. Hides speech on the Scaffold Pag. 134 E. of Darby's speech on the Scaffold Pag. 147 Col. Gerrards speech on the Scaffold Pag. 159 Mr. Peter Vowells speech at his Execut. Pag. 170 Col. Penruddocks speech on the Scaffold Pag. 175 Capt. Hugh Goves speech on the Scaffold Pag. 184 Sir Hen. Slingsbys speech on the Scaffold Pag. 185 Dr. John Hewets speech on the Scaffold Pag. 186 KING CHARLES HIS TRYALL Began Saturday January 20 th and ended January 27. 1648. An ACT. An Act of the Commons of England assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of CHARLES STUART King of England WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liber-of this Nation And in their place to introduce an arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel war in the Land against the Parliament and Kingdome Whereby the Countrey hath been miserably wasted the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of 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 Whereas 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 disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served onely to incourage him and his complices in the Continuance of their evil practises and in raising of new Commotions designs and invasions For prevention therefore of the like greater inconveniences And to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and maliciously to immagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it ordained and enacted by the Commons in Parliament assembled and it is hereby ordained and enacted by the Authority thereof That Thomas Lord Fairfax General Oliver Cromwell Lieutenant General Henry Ireton Commissary General Phillip Skippon Maior General Sir Hardress Waller Colonel Valentine Walton Col. Thomas Harrison Col. Edw. Whalley Col. Tho. Pride Col. Isaac Ewers Col. Rich. Ingoldsby Col. Rich. Dean Col. John Okey Col. Robert Overton Col. John Harrison Col. John Desborow Col. Will. Goffe Col. Rob. Duckenfield Col. Rowland Wilson Col. Henry Martin Col. William Purefoy Col. Godfrey Bosvile Col. Herbert Morley Col. John Barkstead Col. Matthew Tomlinson Col. John Lambert Col. Edmund Ludlow Col. John Hutchinson Col. Robert Titchborn Col. Owen Roe Col. Robert Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Algernoon Sidney Col. John Moore Col. Francis Lassells Col. Alexander Rigby Col. Edmund Harvey Col. John Venn Col. Anthony Stapley Col. Thomas Horton Col. Tho. Hammond Col. George Fenwick Col. George Fleetwood Col. John Temple Col. Thomas Waite Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Aldermen Sir Peter Wentworth Thomas Trenchard Jo. Blakston Gilbert Millington Esquires Sir Will. Constable Sir Arthur Hasilrigg Sir Mich. Livesey Richard Salway Hump. Salway Cor. Holland Jo. Carey Esquires Sir Will. Armin Jo. Jones Miles Corbet Francis Allen Thomas Lister Ben. Weston Peter Pelham Io. Gusden Esquires Fra. Thorpe Esq Serjeant at Law Io. Nut Tho. Challoner Io. Anlaby Richard Darley William Say John Aldred Jo. Nelthrop Esquires Sir William Roberts Henry Smith Edmund Wild Iohn Challoner Iosias Barnes Dennis Bond Humphrey Edwards Greg. Clement Io. Fray Tho. Wogan Esquires Sir Greg. Norton Io. Bradshaw Esq Serieant at Law Io. Dove Esq Iohn Fowk Thomas Scot Aldermen Will. Cawley Abraham Burrel Roger Gratwick Iohn Downes Esquires Robert Nichols Esq Serjeant at Law Vincent Potter Esq Sir Gilbert Pickering Io. Weaver Io. Lenthal Robert Reynolds Io. Lisle Nich. Love Esquires Sir
Edw. Baineton Io. Corbet Tho. Blunt Tho. Boone Aug. Garland Aug. Skinner Io. Dickeswel Simon Meyne Io. Brown Io. Lewry Esquires c. John Bradshaw Esq Serg. at Law Lord President of the Court Councellors Assistant to the Court and to draw up the Charge against the King Dr. Dorislaus Mr. Aske Mr. Steel Attorney General Mr. Cook Sollicitor General Mr. Broughton Mr. Phelps Clerks to the Court Officers of the Court Sergeant Dandy Sergeant at Arms and Mace bearer Col. Humpreys Sword-bearer Mr. King Crier of the Court Mr. Walford Mr. Radley Mr. Pain Mr. Powel Mr. Hull Messengers and Dore-keepers with tip-staves ON Saturday being the twentieth day of January 1648. The Lord Bradshaw President of the High Cout of Justice with about seventy of the Members of the said Court having Col. Fox and sixteen Gentlemen with Partizans and a Sword born by Col. Humphry and a Mace by Serj. Dandy with their and other Officers of the said Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster 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 the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Col. Hacker and other Gentlemen to whose care and custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court The Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STUART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STUART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdome and themselves and according to the Fundamental Power that rests in themselves They have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said M. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King offered to speak but the King having a staff in his hand held it up and laid it upon the said M. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said Cook My Lord I am commanded to charge Charles Stuart King of England in the name of Commons of England with Treason and high Misdemeanors I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said Charles Stuart being admitted King of England and therein trusted with a Limited Power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the Power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the fundamental Constitutions of this Kingdom were reserve on the peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his adherents in His and Their wicked practises to the same Ends hath Traiterously and maliciously levied War against the present Parliament and the people therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred forty and two at Beverley in the County of York And upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Notingham when and where he set up His Standard of War And upon or about the twenty third day of October in the same year at Edg-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge near Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newbery
that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good against you their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were only my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedome and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdome I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my people next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctuall and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more then you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That that Reason that I have as thus informed I cannot yeild unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdome and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sense of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one precedent President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinaay Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed then Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction 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 you will know more of the pleasure of the Court and it may be their finall determination King Shew me wherever the House of Commons was a Court of Judicature of that kinde President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedome of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that
ever I took defended my selfe with Arms I never took up Arms against the People but for my People and the Laws President The command of the Court must be obeyed no answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock aod from thence they intend to adjourn to Westminster Hall at which time all persons concerned are to give their attendance Resolutions of the Court at their Meeting in the Painted Chamber Lunae Jan. 22. 1648. THis day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the businesse of that day as agreeing to their sense And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supreme Authority of the Commons of England in their Representative the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction or that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supreme Court which made them Judges from which there was no appeal and did therefore order and direct viz. Ordered that in case the King shall again offer to dispute the Authority of the Court the Lord President do let him know that the Court have taken into consideration his demands of the last day and that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have constituted this Court whose Power may not nor should be permitted to be disputed by him That in case the King shall refuse to answer or acknowledge the Court the Lord President do let him know that the Court will take it as a contumacy and that it shall be so Recorded That in case he shall offer ot answer with a saving notwithstanding of his pretended Prerogative above the jurisdiction of the Court That the Lord President do in the name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring his intention a Copy be granted unto him That in case the King shall still persist in his contempt the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following viz. Charles Stuart King of England you are accused in the behalf of the People of England of divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confesse or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O Yes made Silence commanded The Court called Seventy three persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any issue joyned in the Cause My Lord I did at the first Court 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 Lawes and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the people of England that he might speedily be required to make an Answer to the Charge But my Lord in stead 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 judgement against him My Lord I might presse 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 Tryall 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 presse your Lordship upon the whole Fact The House of Commons the Supreme Authority and jurisdiction of the Kingdome they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clear as Chrystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf severall witnesses to produce And therefore I do humbly pray and yet I must confesse it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgement and therefore I do humbly pray that speedy Judgement be pronounced against the prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget what delatory dealings the Court hath found at your hands
you were pleased to propound some Questions you have had your Resolutions 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 delayes of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of justice take advantage of these delayes and proceed to pronounce judgement against you yet neverthelesse they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Iustice knows no respect of persons you are to give your positive and finall Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you and your Work was that you ought to acknowledge the jurisdiction of the Court And to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the People of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Iustice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my People The same Obligation you spake of I do acknowledge to God that I owe to Him and to my People to defend as much as in me lies the ancient Laws of the Kingdome therefore untill that I may know that this is not against the Fundamental Lawes of the Kingdome by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdome that was the known the two Houses of Parliament that was the Representative of the Kingdome and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President interrupted him and said Sir you must know the pleasure of the Court King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have hot acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and finall Answer by way of confession or denial of the Charge King Sir I say again to you so that I might give satisfaction to the People of England of the clearnesse of my proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdome Sir you must excuse me President Sir this is the third time that you have publikely disowned the Court and put an affront upon it how far you have preserv'd Priviledges of the People your Actions have spoke it but truly Sir mens intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerk Record the default and Gentlemen you that took charge of the Prisoner take him back again King I will onely say this one word to you if it were only My own particular I would not say any more nor interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to finde that you are before a Court of Iustice Then the King went forth with his Guard and Proclamation was made That all persons who had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster Hall by ten of the clock the next morning Cryer God blesse the Kingdome of England Wednesday January 24. 1648. THis day it was expected the High Court of Justice would have met in Westminster Hall about ten of the clock but at the time appointed one of the Ushers by direction of the Court then sitting in the Painted Chamber gave notice to the people there assembled That in regard the Court was then upon the examination of Witnesses in relation to present affairs in the Painted Chamber they could not sit there but all persons appointed to be there were to appear upon further Summons His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to have delivered in writing on Monday Jan. 22. 1648. but was not permitted HAving already made My protestations not only against the illegality of this pretended Court but also that no Earthly power
wrong and he is acknowledged to be the Kings Superior and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephory were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall finde some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should nor mention these Forreign examples and stories If you look but over Tweed we finde enough in your native Kingdome of Scotland If we look to your first King Fergustuâ— that your stories make mention of he was an elective King he dyed and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed then justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109 King of Scotland for to mention so many Kings as that Kingdome according to their power and priviledge have made bold to deal withall some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdome hath yeilded more plentiful experience then that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example neer you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir who ever shall look into their stories they shall not finde the Articles that are charged upon them to come neer to that height and capitalnesse of Crimes that are layed to your charge nothing neer Sir you were pleased to say the other day wherein they discent and I did not contradict it but take altogether Sir if you were as the Charge speaks no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have been stories will tell you if you go no higher then the time of the Conquest if you do come down since the Conquest you are the 24 King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Discent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge in his time well known to you is since printed for posterity That although there was 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 the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in bloud is designed yet if there were just cause to refuse him the People of England might do it For there iâ— a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the leige Lord so they leige Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewell Soveraignty Subjectio trahit c. These things may not be denyed Sir I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages For whether you have been as by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and in stead of doing that you will be the great wrong-doer your selfe If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Discent let all men know that great Offices are seizable ond forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kinde Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been is to try and judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these termes might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimei and if so be that be the definition of
Gospel it bloweth where it listeth So now Treason is what they please and lighteth upon whom they will Indeed no man except he will be a Traitour can avoid this Censure of Treason I know not to what end it may come but I pray God my own and my Brothers bloud that is now to die with me may be the last upon this score Now Gentlemen you may see what a condition you are in without a King you have no Law to protect you no rule to walk by when you perform your duty to God your King and Country you displease the Arbitrary power now set up I cannot call it government I shall leave you peruse my Tryal and there you shall see what a condition this poor Nation is brought into and no question will be utterly destroyed if not restored by Loyal Subjects to its old and glorious Government I pray God he lay not his Judgements upon England for their sluggishnesse in doing their duty and readinesse to put their hands in their bosoms or rather taking part with the Enemy of Truth The Lord open their eyes that they may be no longer lead or drawn into such snares else the Child unborn will curse the day of their Parents birth God Almighty preserve my Lawful King Charles the second from the hands of his Enemies and break down that wall of Pride and Rebellion which so long hath kept him from his just Rights God preserve his Royal Mother and all his Majesties Royal Brethren and incline their hearts to seek after him God incline the hearts of all true English men to stand up as one Man to bring in the King and Redeem themselves and this poor Kingdom out of its more then Egyptian slavery As I have now put off these garments of cloth so I hope I have put off my garments of sin and have put on the Robes of Christs Righteousness here which will bring me to the enjoyment of his glorious Robes anon Then he kneeled down and kissed the block and said thus I commit my soul to God my Creator and Redeemer Look on me O Lord at my last gasping Hear my prayer and the prayers of all good people I thank thee O God for all thy dispensations to wards me Then kneeling down he prayed most devoutly as followeth O Eternall Almighty and most mercifull God the Righteous Judge of all the world look down in mercy on me a miserable sinner O blessed Jesus Redeemer of Mankind which takest away the sinnes of the world let thy perfect manner of obedience be presented to thy Heavenly Father for me Let thy precious death and bloud be the ransome and satisfaction of my many and haynous transgressions Thou that sittest at the right hand of God make intercession for me O holy and blessed Spirit which are the comforter fill my heart with thy consolations O holy blessed and glorious Trinity be mercifull to me confirm my faith in the promises of the Gospel revive and quicken my hope and expectation of joyes prepared for true and faithful servants Let the infinite Love of God my Saviour make my love to him stedfast sincere and constant O Lord consider my condition accept my tears asswage my grief give comfort and confidence in thee impute not unto me my former sinnes but most mercifull Father receive me into thy favour for the merits of Christ Jesus Many and grievous are my sins for I have sinned many times against the light of knowledg against remorse of conscience against the motions and opportunities of grace But accept I beseech thee the sacrifice of a broken and contrite heart in and for the perfect sacrifice oblation and satisfaction of thy Son Jesus Christ O Lord receive my soul after it is delivered from the burthen of the flesh into perfect-joy in the sight and fruition of thee And at the generall resurrection grant that my body may be endowed with immortality and received with my soul into glory I praise thee O God I acknowledge thee to be the Lord. O Lamb of God that takest away the sinnes of the world have mercy on me Thou that sittest at the right hand of God hear my prayer O Lord Jesus Christ God and Man Mediatour betwixt God and Man I have sinned as a Man be thou mercifull to me as a God O holy and blessed Spirit help my infirmities with those sighs and groans which I cannot expresse Then he desired to see the Axe and kissed it saying I am like to have a sharp passage of it but my Saviour hath sweetned it unto me Then he said if I would have been so unworthy as others have been I suppose I might by a lie have saved my life which I scorn to purchase at such a rate I defie such temptations and them that gave them me Glory be to God on high On Earth peace Good will towards Men. And the Lord have mercy upon my poor soul Amen So laying his Neck upon the block after some private Ejaculations he gave the Heads-man a sign with his hand who at one blow severed his head from his body The Speech of that piously resolved Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded the 16. day of May 1655. in the Castle at Exon. Good people I Never was guilty of much Rhetorick nor ever loved long Speeches in all my life and therefore you cannot expect either of them from me now at my death All that I shall desire of you besides your hearty prayers for my soul is That you would bear me witnesse I die a true son of the Church of England as it was established by King Edward the sixth Queen Elizabeth King James and King Charles the first of ever blessed memory That I die a Loyall subject to King Charles the second my undoubted Soveraign and a lover of the good old Laws of the Land the just priviledges of Parliaments and Rights and Liberties of the People for the re-establishing of all which I doe undertake this ingagement and for which I am ready to lay down my life God forgive the bloudy-minded Jury and those that procured them God forgive Captain Crook for denying his Articles so unworthily God forgive Mr. Dove and all other persons swearing so malitiously and falsely against me God forgive all my enemies I heartily forgive them God blesse the King and all that love him turn the hearts of all that hate him God blesse you all and be mercifull to you and to my Soul Amen And so meekly laying his neck to the block and giving a signe his head at one blow and a draw of the axe was severed from his body The manner of the Execution of Sir Henry Slingsby on Tuesday the 8. of June 1658. With the substance of his speech before his Death ABout Eleven of the clock Sir Henry Slingsby was brought from the Tower to the Scaffold on Tower-Hill whither being come he fell upon his knees and for a short space prayed
can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to refer My selfe to what I have spoken were I in this case alone concerned But the duty I owe to God in the preservation of the true liberty of My people will not suffer me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old fundamentall Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endevoured to have satisfied Me concerning these grounds which hinder me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me not indeed the meanest man in England for I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any Man but what is warranted either by Gods Laws or the municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by Gods Law for on the contary the authority of obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the question now in hand there it is said That where the word of a King is there is power and who may say unto him what doest thou Eccl. 8.4 Then for the Law of this Land I am no lesse confident that no learned Lawyer will affirm that an impeachment can lie against the King they all going in His Name and one of their Maximes is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Iudicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Lawes without King or Lords House to any that have heard speak of the Lawes of England And admitting but not granting that the people of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdome and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I sâ—eak not for My own right alone as I am your King but also for the true liberty of all My Subjects which consists not in the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Priviledges of both Houses of Parliament which this dayes proceedings do not onely violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all the pretended crimes laid against Me bear date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to my power defend the ancient Lawes and Liberties of this Kingdome 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 lawfulnesse of your pretended Court Besides all this the peace of the Kingdome 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 Kingdome hath flourished for many hundred years nor will I say what will fall out in case this lawlesse 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 yeares under the reign of Queen Elizabeth the King My Father and My Self untill 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 Armes I took up were only to defend the fundamentall Laws of this Kingdome against those who have supposed My power hath totally changed the antient 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 judgement 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 hindered The Proceedings of the High Court of Justice sitting in Westminster-Hall on Saturday the 27. of January 1648. O Yes made Silence commanded The Court called Sarjeant Bradshaw Lord Prosident in his Scarlet Robe suitable to the work of this day with 68 other Members of the Court called As the King came into the Court in his usuall posture with his Hat on a cry made in the Hall by some of the Soldiers for Justice Justice and Execution King I shall desire a word to be heard a little and I hope I shall give no occasion of interruption President You may answer in your time hear the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word a sudden Judgement President You shall be heard in due time but you are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir a hasty Judgement is not so soon recalled Pres Sir you shall be heard
would offer there what ever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound in justice to grant but Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time King Shall I withdraw President Sir you shall know the pleasure of the Court presently the Court withdraws for half an houre into the Court of Wards Serjeant at Armes the Court gives command that the Prisoner be withdrawn and they give order for his return again The Court withdraws for half an houre and returns President Serjeant at Arms send for your Prisoner Sir You were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords in the Painted Chamber for the Peace of the Kingdome Sir you did in effect receive an answer before the Court adjourned Truly Sir their withdrawing and adjournment was pro forma tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the Supreme Authority of the Commons of England assembled in Parliament The Court acts accordingly to their Commission Sit the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further delay and they are JUDGES appointed by the highest JUDGES and Judges are no more to delay then they are to deny justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam There must be no delay but the truth is Sir and so every man here observes it That you have much delayed them in your contempt and default for which they might have long since proceeded to judgement against you and notwithstanding what you have offered they are resolved to proceed to punishment and to judgement and that is their unanimous resolution King Sir I know it is in vain for me to dispute I am no Sceptick for to deny the power that you have I know that you have power enough Sir I confesse I think it would have been for the Kingdomes peace if you would have taken the pains for to have shown the lawfulnesse of your power for this delay that I have desired I confesse it is a delay but it is a delay very important for the peace of the Kingdome for it is not my person that I look on alone it is the Kingdomes wel-fare and the Kingdomes peace it is an old sentence That we should think on long before we have resolved of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of an hasty Sentence I confesse I have been here now I think this week this day eight dayes was the day I came here first but a little delay of a day or two further may give peace whereas an Hasty Judgement may bring on that trouble and perpetual inconveniency to the Kingdome that the child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for your self then you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my People after that and therefore I do require you as you will answer it at the dreadfull day of judgement that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-enforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endevoured and studied the Peace of the Kingdome as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erronious principles the Kingdome hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your selfe and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding People of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not only the highest Expounders but the sole makers of the Law Sir for you to set your self with your single judgement and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superior so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countries have done did chuse to themselves the Form of Government even for justice sake that justice might be administred that peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in
them and reserved to themselves to alter as they shall see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sense for you are Major singulis but they will aver again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but in _____ quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so saies the same Author and truly Sir he makes bold to go a little further Debentei ponere fraenum They ought to bridle him and sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the liberty and property of the Subject and would not suffer the Kings that did invade to play the Tyrants freer but called them to accompt for it we know that truth That they did fraenum ponere But sir if they do forbear to do their duty now and are not so mindfull of their own Honor and the Kingdoms good as the Barons of England will not be unmindfull of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn the end of having Kings or any other Governors it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that Trust and they are to take order for the animadversion and punishment of such an offending Governor This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there were those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrong especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redresse the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindfull of themselves they were never more in Majesty and State then in the Parliament but how forgetfull some have been Stories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters will and do it not what followes The Law is your Master the Acts of Parliament The Paliaments were to be kept antiently we finde in our author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim in stead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appeare what your ends were against the Antient and your Native Kingdome of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designes and plots and indeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdome And truly Sir in that you did strike at all that had been a sure way to have brought about that that this laies upon you Your Intention to Subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People in the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the propriety of England Truly Sir it makes me call to minde I cannot forbear to expresse it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to minde these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had bad but one neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the 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 pleased for to Confound your designes and to break your Forces and to bring your Person into Custody that you might be responsible to Justice Sir we know very well That it is a question on your side very much prest by what Precedent we shall proceed Truly Sir for Precedents I shall not upon these occasions institute any long discourse but it is no new thing to cite Precedents almost of all Nations where the people when power hath been in their hands have been made bold to call their Kings to account and where the change of Government hath upon occasion of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdome of Arragon I shall think some of us have thought upon it when they have the justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the
a Tyrant then see how you come short of it in your Actions whether the highest Tyrant by that way of Arbitrary Government and that you have sought to introduce and that you have sought to put you were putting upon the People whether that was not as high an Act of Tyranny as any of your Predecessors were guilty of nay many degrees beyond it Sir the term Traytor cannot be spared we shall easily agree it must denote and suppose a breach of Trust and it must suppose it to be done by a Superior and therefore Sir as the People of England might have incurred that respecting you if they had been truly guilty of it as to the definition of Law so on the other side when you did break your Trust to the Kingdome you did break your Trust to your Superior For the Kingdom is that for which you were trusted And therefore Sir for this breach of Trust when you are called to account you are called to account by your Superiors Minimus ad Majorem in judicium vocat And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously gloriously for they having power in their hands and their great Enemy they must proceed to do Justice to themselves and to you For Sir the Court could heartily desire That you would lay your hand upon your heart and consider what you have done amiss That you would endevour to make your peace with God Truly Sir These are your high crimes Tyranny and Treason There is a third thing too if those had not been and that is Murther which is layd to your charge All the bloody Murthers that have been committed since this time that the devision was betwixt you and your People must be laid to your charge that have bean acted or committed in these late Wars Sir it is an heinous and crying sin and truly Sir if any man will ask us what punishment is due to a Murtherer Let Gods Law let Mans Law speak Sir I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of Mans blood Gen. 9. Num. 35. will tell you what the punishment is and which this Court in behalf of the Kingdome are sensible of of that innocent blood that has been shed whereby indeed the Land stands still defiled with that blood and as the Text hath it It can no way be cleansed but with the shedding of the blood of him that shed this blood Sir we know no Dispensation from this blood in that Commandement Thou shalt do no murther we do not know but that it extends to Kings as well as to the meanest Peasants the meanest of the People the command is universall Sir Gods Law forbids it Mans Law forbids it nor do we know that there is any manner of exception nor even in mans Laws for the punishment of Murther in you 'T is true that in the case of Kings every private hand was not to put forth it self to this work for their Reformation and punishment But Sir the people represented having power in their hands had there been but one wilfull act of Murther by you committed had power to have convenâ—ed you and to have punished you for it But then Sir the weight that lies upon you in all those respects that have been spoken by reason of your Tyranny Treason breach of trust and the Murthers that have been committed surely Sir it must drive you into a sad consideration concerning your eternall condition as I said at first I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court for so we do call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdome as we have often said and although you do yet endevour what you may to dis-court us yet we do take knowledge of our selves to be such a Court as can administer Justice to you and we are bound Sir in duty to do it Sir all I shall say before the reading of your Sentence it is but this the Court does heartily desire that you will seriously think of those evils that you stand guilty of Sir you said well to us the other day you wisht us to have God before our eyes Truly Sir I hope all of us have so that God that we know is a King of Kings and Lord of Lords that God with whom there is no respect of persons that God that is the avenger of innocent blood we have that God before us that God that does bestow a curse upon them that withhold their hands from shedding of blood which is the case of guilty Malefactors and that do deserve death That God we have before our eyes and were it not that the conscience of our duty hath called us unto this place and this imployment Sir you should have had no appearance of a Court here but Sir we must prefer the discharge of our duty unto God and unto the Kingdome before any other respect whatsoever and although at this time many of us if not all of us are severely threatned by some of your party what they intend to do Sir we do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to you according to the merit of your offence although God should permit those men to effect all that bloody designe in hand against us Sir we will say and we will declare it as those Children in the fiery Furnace that would not worship the golden Image that Nebuchadnezzar had set up That their God was able to deliver them from that danger that they were neer unto but yet if he would not do it yet notwithstanding that they would not fall down and worship the Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdome in generall of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sense of your sins that you would see wherein you have done amisse that you may cry unto him that God would deliver you from blood-guiltinesse A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the story tells us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him and to give him his pardon thou shalt not dye but the childe shall dye thou hast given cause to the enemies of God to blaspheme King I would desire
this your Clorious King Did you by Oaths your God and Countrie mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount Charles higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyaltie Alas two Deaths what cruelty was this The Ax design'd you might have spar'd the Kiss London did'st thou Thy Princes Life betray What could thy Sables vent no other way Or else did'st thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arme a Treasurie To bind thy King and hast thou none to free Dull blast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envie Charles His Crown Jove being fal'n the Punie-gods must down Your Raies of Honor are eclip'st in Night The Sun is set from whence You drew your Light Religion Vail's her self and Mourns that She Is forc'd to own such horrid Villanie The Church and State do shake the Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears Charles is of light bereav'n And snuft on Earth to shine more bright in Heav'n FINIS Englands Black Tribunall THE SECOND PART Set forth in the DYEING SPEECHES And manner of Putting to Death of viz. Earl of Strafford Archbishop of Canterbury Duke of Hamilton Earl of Holland Lord Capell Earl of Derby Sir Alex. Carew Sir John Hotham Capt. John Hotham Mr. Nath. Tompkins Mr. Chaloner Coll. Jo. Moris Cor. Blackburn Coll. Andrews Sir Henry Hide Coll. Gerrard Mr. Peter Vowell Coll. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewit London Printed 1660. The Earl of Straffords Speech or the conclusion of his Defence before the Lord High Steward and the rest of the Lords sitting in Westminster Hall April 12. 1641. Together with his Speech on the Scaffold immediately before his Execution on Tower-Hill May 12. 1641. MY Lords There yet remains another Treason that I should be guilty of the endeavouring to subvert the fundamental Lawes of the Land that they should now be Treason together that is not Treason in any one part of Treason accumulative that so when all will not do it is woven up with others it should seem very strange Under favour my Lords I do not conceive that there is either Statute Law nor Common-Law that doth declare the endeavouring to subvert the fundamentall Laws to be high treason For neither Statute Law nor Common-Law written that ever I could hear of declareth it so And yet I have been diligent to enquire as I believe you think it doth not concern me to do It is hard to be questioned for life and honour upon a Law that cannot be shown There is a rule which I have learned from Sir Edward Cooke De non apparentibus non existentibus eadem ratio Jesu where hath this fire lain all this while so many hundreds of years without any smoak to discover it till it thus burst out to consume me and my children extreme hard in my opinion that punishment should precede promulgation of Law punished by a Law subsequent to the Acts done Take it into your considerations for certainly it is now better to be under no Law at all but the will of men then to conform our selves under the protection of a Law as we think and then be punished for a crime that doth precede the Law what man can be safe if that be once admitted My Lords it is hard in another respect that there should be no token set upon this offence by which we should know it no admonition by which we should be aware of it If a man passe down the Thames in a Boat and it be split upon an Anchor and no booy be set as a token that there is an Anchor there that party that owes the Anchor by the Maritine Lawes shall give satisfaction for the dammage done but if it were marked out I must come upon my own peril Now where is a mark upon this crime Where is the token this is high treason If it be under water and not above water no humane providence can availe nor prevent my destruction Lay aside all humane wisdom and let us rest upon divine Revelation if you will condemn before you forewarn the danger Oh my Lords may your Lordships be pleased to give that regard unto the Peerage of England as never to suffer our selves to be put on those nice points upon such contractive interpretations and these are where Laws are not clear or known If there must be a tryal of wits I do humbly beseech you the subject and matter may be somewhat else then the lives and honours of Peers My Lords we find that the primitive times in the progression of the plain Doctrine of the Apostles they brought the Books of Curious Arts and burned them And so likewise as I do conceive it will be wisdom and providence in your Lordships for your posterity and the whole Kingdom to cast from you into the fire these bloody and most mysterious Volumes of constructive and Arbitrary Treason and to break your selves to the plain Letters of the Law and Statute that telleth us where the crime is and by telling what is and what is not shews us how to avoid it And let us not be ambitious to be more wise and learned in the killing Arts then our forefathers were It is now full two hundred and forty years since ever any man was touched for this alledged crime to this height before my self we have lived happily to our selves at home and we have lived gloriously to the world abroad Let us rest contented with that our fathers left us and not awaken those sleepy Lions to our own destructions by raking up a few musty Records that have lyen so many ages by the walls quite forgotten and neglected May your Lordships be Nobly pleased to adde this to those other mis-fortunes befallen me for my sins not for my Treasons that a president should be derived from me of that disadvantage as this will be in the consequent to the whole Kingdom I beseech you seriously to consider it and let not my particular cause be looked upon as you do though you wound me in my interest in the Common-wealth and therefore those Gentlemen say that they speak for the Common-wealth yet in this particular I indeed speak for it and the inconveniencies and mischiefes that will heavily fall upon us for as it is in the first of Henry the fourth no man will after know what to do or say for fear Do not put my Lords so great difficulties upon the Ministers of State that men of wisdome honour and vertue may not with cheerfulnesse and safety be imployed for the publick if you weigh and measure them by grains and scruples the publick affaires of the Kingdome will be laid wast and no man will meddle with them that hath honours issues or
condemned And I thank God though the weight of the Sentence lye very heavy upon me yet I am as quiet within as I thank Christ for it I ever was in my life and though I am not the first Archbishop but the first man that ever dyed by an Ordinance of Parliament yet some of my Predecessors have gone this way though not by this means for Elfegus was hurried away and lost his head by the Danes and Simon Sudbury in the fury of Wat Tyler and his fellowes And long before these Saint John Baptist had his head danced off by a lewd Woman and Saint Cyprian Archbishop of Carthage submitted his head to a persecuting sword Many examples great and good for they teach me patience and I hope my cause in Heaven will look of another dye then the colour that is put upon it here upon earth and some comfort it is to me not only that I go the way of these great men in their several Generations but also that my charge if I may not be partiall looks somewhat like that against Saint Paul in the 25. of the Acts for he was accused for the Law and the Temple that is the Law and Religion and like that of St. Stephen in the sixth of the Acts for breaking the Ordinances which Moses gave us which Ordinances were Law and Religion but you 'l say do I then compare my self with the integrity of Saint Paul and Saint Stephen no God forbid far be it from me I onely raise a comfort to my self that these great Saints and servants of God were thus laid up in their severall times And it is very memorable that Saint Paul who was one of them and a great one that helped on the accusation against Saint Stephen fell afterwards into the self-same accusation himself yet both of them great Saints and servants of God I but perhaps a great clamour there is that I would have brought in Popery I shall answer that more fully by and by in the mean time you know what the Pharisees said against Christ himself in the eleventh of John If we let him alone all men will believe him Et veniunt Romani and the Romanes will come and take away both our place and the Nation Here was a causelesse cry against Christ that Romans would come and see how just the Judgement of God was they crucified Christ for fear lest the Romanes should come his death was that that brought in the Romanes upon them God punishing them with that which they most feared and I pray God this clamour of veniunt Romani of which I have given to my knowledg no just cause help not to bring him in for the Pope never had such an harvest in England since the Reformation as he hath now upon the Sects and divisions that are among us in the mean time by honour and dishonour by good report and evil report as a deceiver and yet true am I now passing out of this world Some particulars also I think not amisse to speak of First this I shall be bold to speak of the King our gracious Soveraign he hath been much traduced by some for labouring to bring in Popery but upon my Conscience of which I am now going to give God a present account I know him to be as free from this Charge I think as any man living and I hold him to be as sound a Protestant according to the Religion by Law established as any man in this Kingdom and that he will venture his Life as far and as freely for it and I think I do or should know both his affection to Religion and his grounds upon which that affection is built as fully as any man in England The second particular is concerning this great and populous City which God blesse here hath been of late a fashion taken up to gather hands and then goe to the Honourable and great Court of the Kingdome the Parliament and clamour for Justice as if that great and wise Court before whom the causes come which are unknown to the many could not or would not doe Justice but at their call and appointment a way which may endanger many an innocent man and pluck innocent bloud upon their own heads and perhaps upon this City also which God forbid and this hath been lately practis'd against my self God forgive the setters of this with all my heart I begge it but many well-meaning people are caught by it In Saint Stevens case when nothing else would serve they stirred up the people against him Acts 6. and Herod went just the self same way for when he had kill'd Saint James he would not venture upon Saint Peter too till he saw how the people took it and were pleased with it in the 12. of the Acts. But take heed of having your hands full of bloud in the first of Isaiah for there is a time best known to himself when God among other sinnes makes inquisition for bloud and when Inquisition is on foot the Psalmist tells us Psalme 9. that God remembers that is not all that God remembers and forgets not saith the Prophet the complaint of the poor and he tells you what poor they are in the ninth verse the poor whose bloud is shed by such kind of meanes Take heed of this It is a fearfull thing at any time to fall into the hands of the living God in the 12. of the Hebrews but it is fearfull indeed then especially when he is making his Inquisition for bloud and therefore with my prayers to avert the Prophesie from the City let me desire that this City would remember the Prophesie that is expressed Jeremiah 26.15 The third particular is this poor Church of England that hath flourished and been a shelter to other neighbouring Churches when stormes have driven upon them but alas now it is in a storme it self and God knows whether or how it shall get out and which is worse them a storme from without it is become like an Oake cleft to shivers with wedges made out of its own body and that in every cleft prophanesse and irreligion is creeping in apace while as Prosper saith men that introduce prophaness are cloaked with a name of imaginary religion for we have in a manner almost lost the substance and dwell much nay too much a great deal in Opinion and that Church which all the Jesuites machinations in these parts of Christendome could not ruine is now fallen into a great deal of danger by her own The last particular for I am not willing to be tedious I shall hasten to goe out of this miserable world is my self and I beseech you as many as are within hearing observe me I was born and baptized in the bosome of the Church of England as it stands yet established by Law in that profession I have ever since lived and in that profession of the Protestant Religion here established I come now to die this is no time to dissemble
their Hats off And then coming to the front of the Scaffold he said I shall hardly be understood here I think and then began his speech as followeth Capel The conclusion that I made with those that sent me hither and are the cause of this violent death of mine shall be the beginning of what I shall say to you When I made an address to them which was the last I told them with much sincerity that I would pray to the God of all mercies that they might be partakers of his inestimable and boundless mercies in Jesus Christ and truly I still pray that prayer and I beseech the God of Heaven forgive any injury they have done to me from my soul I wish it And truly this I tell you as a Christian to let you see I am a Christian But it is necessary I should tell you somewhat more that I am a Protestant And truly I am a Protestant and very much in love with the profession of it after the manner as it was established in England by the thirty nine Articles a blessed way of profession and such an one as truly I never knew none so good I am so far from being a Papist which some body have truly very unworthily at some time charged me withall that truly I profess to you that though I love good works and commend good works yet I hold they have nothing at all to doe in the matter of salvation my Anchor-hold is this That Christ loved me and gave himself for me that is that that I rest upon And truly something I shall say to you as a Citizen of the whole world and in that consideration I am here condemned to die truly contrary to the Law that governs all the world that is the Law of the Sword I had the protection of that for my life and the honor of it but truly I will not trouble you much with that because in another place I have spoken very largely and liberally about it I believe you will hear by other means what Arguments I used in that case But truly that that is stranger you that are Englishmen behold here an Englishman here before you and acknowledged a Peer not condemned to die by any Law of England not by any Law of England nay shall I tell you more which is strangest of all contrary to all the Lawes of England that I know of And truly I will tell you in the matter of the civil part of my death and the cause that I have maintained I die I take it for maintaining the fifth Commandement injoyned by God himself which injoyns reverence and obedience to Parents All Divines on all hands though they contradict one another in many severall Opinions yet all Divines on all hands doe acknowledge that here is intended Magistracy and Order and certainly I have obeyed that Magistracy and that Order under which I have lived which I was bound to obey and truly I do say very confidently that I do die here for keeping for obeying that fifth Commandement given by God himself and written with his own finger And now Gentlemen I will take this opportunity to tell you That I cannot imitate a better nor a greater ingenuity then his that said of himself For suffering an unjust judgment upon another himself was brought to suffer by an unjust judgment Truly Gentlemen that God may be glorified that all men that are concerned in it may take the occasion of it of humble repentance to God Almighty for it I doe here profess to you that I did give my Vote to that Bill against the Earl of Strafford I doubt not but God almighty hath washed that away with a more precious bloud the blood of his own Son and my dear Saviour Jesus Christ and I hope he will wash it away from all those that are guilty of it truly this I may say I had not the least part nor degree of malice in doing of it but I must confess again to Gods glory and the accusation of mine own frailty and the frailty of my Nature that truly it was unworthy Cowardize not to resist so great a torrent as carried that businesse at that time And truly this I think I am most guilty of of not courage enough it it but malice I had none but what soever it was God I am sure hath pardoned it hath given me the assurance of it that Christ Jesus his bloud hath washed it away and truly I do from my soul wish that all men that have any stain by it may seriously repent and receive a remission and pardon from God for it And now Gentlemen we have had an occasion by this intimation to remember his Majesty our King that last was and I cannot speak of him nor think of it but truly I must needs say that in my opinion that have had time to consider all the Images of all the greatest and vertuousest Princes in the world and truly in my opinion there was not a more vertuous and more sufficient Prince known in the world then our gracious King Charls that died last God almighty preserve our King that now is his Son God send him moâ—e fortunate and longer daies God Almighty so assist him that he may exceed both the vertues and sufficiencies of his Father For certainly I that have been a Counsellor to him and have lived long with him and in a time when discovery is easily enough made for he was young he was about thirteen fourteen fifteen or sixteen years of age those years I was with him truly I never saw greater hopes of vertue in any young person then in him great judgement great understanding great apprehension much honour in his nature and truly a very perfect Englishmen in his inclination and I pray God restore him to this Kingdom and unite the Kingdoms one unto another and send a great happinesse both to you and to him that he may long live and reign among you and that that Family may reign till thy Kingdome come that is while all temporall power is consummated I beseech God of his mercy give much happinesse to this your King and to you that in it shall be his Subjects by the grace of Jesus Christ Truly I like my beginning so well that I will make my conclusion with it that is That God Almighty would confer of his infinite and inestimable grace and mercy to those that are the causers of my coming hither I pray God give them as much mercy as their hearts can wish and truly for my part I will not accuse any one of them of malice truly I will not nay I will not think there was any malice in them what other ends there is I know not nor will I examine but let it be what it will from my very soul I forgive them every one And so the Lord of heaven bless you all God almighty be infinite in goodness and mercy to you and direct you in those ways of obedience to
willing Then then Chyrurgion coming but not his Kinsman who was called for he said My Kinsman is of no use you may be usefull about my body I hope Mr. Sheriff that you 'l give order I may have a little more room here Sheriff Yes yes Sir Sir H. Hide And likewise for liberty of speech and that it shall please you for I am not acquainted with the Forms here of England that I may speak my own sense I am now going into the presence of Almighty God a very little without any disturbance Sheriff Why Sir you shall Sir H. Hide John where is my Coffin John It is here Sir Sheriff Sir it seems these men cannot be found Sir H. Hide But if Mr. Barret could be found After some stay Mr. Barret being not found the Sheriff spake to him saying Sheriff You have your liberty you know your time Sir H. Hide Where is the place of standing that way or this way pointing towards the Exchange and the Poultery Sheriff Which way you please you may stand which way you will but that way you must lie pointing towards the Exchange Sir H. Hide I am indifferent It is not the way to Heaven where a man stands One brought word to him that there was no help to be had Sir H. Hide That is no hindrance to my felicity Dr. Hide God enable you that you may find that joy and comfort which is due to the glory of his Holy Name he will not forsake you that have put your trust in him Sir H. Hide I will open my heart and my mouth with thanksgiving if this Gentleman please to give way Then turning towards the Poultery he put off his Hat and said Glory be to God on high on Earth Peace Good-will to men CHristian People I come hither to die I am brought hither to die and that I may die Christian like I humbly beseech the assistance of your Christian Prayers that by the benefit of them my passage may be the more easie yet because men in that condition which it hath pleased God to reduce me carry more credit to their Speeches In the discharge of my Duty towards God I shall use a few words and so dispatch I pray all of you joyn with me to praise this Almighty God to whom I desire to render all hearty thanks as for all his mercies so in in particular for this That he hath brought me hither That whereas I owe a duty to Sin and to Nature that now can pay the account A debt to Nature I can pay it upon the account or Grace And because it is sit to render an account of that Hope that is in me I shall tell you to the praise of Almighty God That I have been born and bred up in the Doctrine of the Church of England I have no Negative Religion believing to be saved by the onely merits of my Saviour Jesus Christ putting off his Hat and whatsoever else is profest in the Doctrine and Discipline of the Church of England authorized by Law humbly beseeching almighty God to restore unto this Church her Peace Prosperity and Patrimony whereof I have been an obedient and a loving however an unworthy Son And now both my Hope being confident and my Faith perfected there remains onely Christian Charity Charity we carry into Heaven Charity on Earth and that I leave beseeching all whomsoever I have offended whether I have or no to forgive me as I from the bottom of my heart do them whomsoever blessing Almighty God for the happy advantage he takes to bring me nearer to heaven blessing Almighty God that he hath given me this advantage as he hath been mercifull to me before the foundation of the World in my Saviour so that now he hath in mercy honoured me with a suffering for his Name in obedience to his Commandement On this day seven night I was summoned before that Justice which ondemned me on Friday last praised be Almighty God that by this way he hath brought me the nearer to Himself putting off his hat My Charge I presume is publike as my Punishment is visible if there have been any thing in the management of my part being unskilfull having discontinued my own Country many years I shall beseech the Christian charity of all you my beloved Countrey-men to impute it unto the right part the ignorance that is in this skilfull way of managing It was objected unto me there That I had a vanity of delighting in strange Tongues I was best skill'd in the Italian but free from that vanity I thank Almighty God and therefore I would in defence of my life if it had been the Custome here or the Judges favour have used that Language It was objected That I did not so freely as a thorow-paced Cavalier own my Master I was told since I came into England for other skill I have not in your Lawes that a legal Denial in Law might be tolerable I hope I did not exceed the bounds of that in any thing for God forbid that I should be ashamed of serving so good so pious so just a Master putting off his hat for that I therein rejoyce and I humbly beseech almighty God to fill my heart and my tongue and all that hear me this day with thankfulness for it As to the Business that another construction had been made and believed here then what was there the righteous God knoweth it if any weakness was in the management that was mine I was sent to serve and protect not to injure any and as God acquits me of the intention in matter of Fact as having done any manner of evil that way however here understood blessed be his holy Name putting off his hat so those Gentlemen of the Turkey Company if they would seriously consider for they know it very well the impossibility of my doing them any manner of harm Whereas that of the Embassie objected against me that my Master never honored me withall I was never worthy of it I was his Messenger an Internuncio for the conservation only of his good Subjects of all the Merchants untill such time as he could confirm that Gentleman now Resident or to send any other and they themselves know that there was impossibility in me as I bless God there was an innocency in me unto any such intention to doe them any harm for my Masters Commands were point-blank the contrary I was onely sent for their good as I never owned the Title so the very Letters themselves speaking no other I never did so much as think of any manner of Address unto the Grand Seignior but gave him the Letter from my Master the rest of the English Nation that were there present may when they please assert so much This I would insert that those Gentlemen as they have been losers by the miscarriages of others may now have no breach of their charity with me but if it be as it seems it is now in this Country a Sin to
over his Lordship called for the Heads-man and asked to see the Axe and taking it in his hand said Friend I will not hurt it and I am sure it cannot hurt me and then kissing it said Me thinks this is as a Wedding Ring which is as a signe I am to leave all the World and eternally to be married to my Saviour Then putting his hand in his pocket said to the Heads-man here friend take these two pieces all that I have thou must be my Priest I pray thee do thy work well and effectually then handling the rough furr'd coat the Heads-man had on This saies he will be troublesome to thee I pray thee put it off and do it as willingly as I put off this garment of my flesh that is now so heavy for my soul then some of the standers by bid the Heads-man kneel and ask his Lordship pardon but he did not but was surly and crabbed but his Lordship said Friend I give thee the pardon thou wilt not aske and God forgive thee also Then turning up his eyes to heaven said aloud How long Lord how long then gently passing over the Scaffold and seeing one of his Chaplains on horseback among the people Good Sir said he pray for me and the Lord return your prayers into your own bosom and I pray remember me kindly to your brother and God remember him for his love to me and mine Then turning towards his Coffin Thou art said he my bridall Chamber in thee I shall rest without a guard and sleep without Souldiers Then looking towards the block he asked if all were ready That saies he methinks is very low and yet there is but one step betwixt that and heaven then turning his eyes to the people he saluted them and desired again their prayers then said I see your tears and hear your sighs and groans and prayers the God of Heaven hear and grant your supplications for me and mine for you and the Mediation of Christ Jesus for us all Here his Lordship caused the block to be turned that he might look upon the Church saying Whilst I am here I will look towards thy holy Sanctuary and I know that within a few minutes I shall behold thee my God and King in thy Sanctuary above under the shadow of thy wings shall be my rest till this calamity be over-past then he pulled off his blew garter and sent it to his Son and pulling off his doublet with a very religious chearfulness he said I come Lord Jesus and O come thou quickly that I may be with thee for ever upon this he said Pray tell me how must I lye I have been called a bloudy man yet truly I never yet had that severe curiosity to see any man put to death in peace then laying himself down on the block after a few minutes he rose again and caused the block to be a little removed then said to the Heads-man Friend remember what I said to thee and be no more afraid to strike then I to dye and when I put up my hand do thy work so looking round about upon his friends and the people he said The Lord blesse you all and once more pray for me and with me at which words he kneeled down and prayed privately within himself with great sighings about half a quarter of an hour concluding with the Lords prayer then rising up again he said smilingly My soul is now at rest and so shall my body be immediately The Lord bless my King and restore him to his rights in this Kingdom and the Lord bless this Kingdom and restore them to their rights in their King that he and they may joyn hand in hand to settle truth and peace and the Lord bless this County and this Town and this People The Lord comfort my sad wife and children and reward all my friends with peace and happiness both here and hereafter and the Lord forgive them who were the cause and authors of this my sad end and unjust death for so it is as to mankind though before God I deserve much worse but I hope my sins are all bathed in the bloud of Jesus Christ So laying his neck upon the block and his armes stretcht out he said these words Blessed be Gods glorius name for ever and ever Let the whole earth be filled with his glory Amen Amen At which words he gave the Heads-man the signe but he either not observing it or not being ready stayed too long so that his Lordship rose up again saying Why doe you keep me from my Saviour what have I done that I die not and that I may live with him Once more I will lay down my self in peace and so take my everlasting rest Then saying Come Lord Jesus come quickly he stretched out his armes and gave the signe repeating the same words Blessed be Gods glorious name for ever and ever Let the whole earth be filled with his glory Amen Amen Then lifting up his hand the Executioner did his work at one blow all the people weeping and crying and giving all expressions of grief and lamentation When the corps was carried off the Scaffold they carried them to a house in the Town where was thrown into his coffin in a peice of paper these two lines Upon JAMES Earl of DERBY Bounty Wit Courage all here in one lie dead A Stanleys hand Veres heart and Cecil's head The sentence of the Council of Warre Resolved by the Court upon the Question That James Earl of Derby is guilty of the breach of the Act of the 12. of August 1651. last past entituled An Act prohibiting correspondence with Charles Stuart or his Party and so of high Treason against the Common-wealth of England and is therefore worthy of death Resolved by the Court That the said James Earl of Derby is a Traitor to the Common-wealth of England and an abettor encourager and assister of the declared Traitors and enemies thereof and shall be put to death by severing his head from his body at the market-place in the Town of Bolton in Lancashire upon wednesday the 15. day of this instant October about the hour of one of the clock the same day A True and Impartial Relation of the Death of Mr. John Gerhard who was beheaded on Tower-hill July 10. 1654. IT was thought needless by the friends of Mr. Gerhard to declare any thing concerning his sufferings to the world more then in their sighs had not the sacrilegious malice of the last weekly-pamphlet thrown some stains upon his name and so incensed them to a vindication as pious as his death was 'T is most certain that there can no blots stick upon true honour which such weak fellowes endeavour against it These are cursed beasts but their horns are short sepulchral dogs that scrape up graves and violate the dead and are fierce and ravenous but yet dogs still And all worthy people will call their rayling praise and what they intend a barking
privately Then standing up he did in a short Speech and with a very low voice address himself to that noble Gentleman Mr. Sheriff Robinson telling him that what he had to say he would speak to him which was to this purpose That he had received a Sentence to die upon account of his endevouring to betray the Garrison of Hull But said All that he did in that business he was drawn into by others That the Officers of that Garrison did believe he had some greater Design in hand and therefore they would needs pump him to the bottome But what he spoke to them in private was brought into evidence against him He likewise said That he did no more than any person would have done that was so brought on That he had made many applications by his Friends for a Reprieve but found his Highness was inexorable He did confess that he did deliver a Commission as it was charged against him But said that it was an old Commission and what he meant was well known to himself but what construction others had made of it might appear by his present condition He discovered little sense of sorrow or fear of Death but said He was ready to submit or words to like purpose Then he addressed himself to private prayer again and kneeling down to the Block he prayed privately for a short space Then laid his head upon the Block and at the signe given the Executioner severed his Head from his Body at one Blow And his Friends put his Body into a Coffin and removed it into a close Coach prepared neer the place The manner of the Execution of John Hewet D. D. on the same Scaffold on Tuesday the same 8. of June 1658. with his speech before his Death AS soon as Sir Henry Slingsby's body was removed as is aforesaid Dr. Hewet was brought upon the Scaffold whither being come together with Dr. Wild Dr. Warmstry Mr. Barwick he fell upon his knees and prayed privately for the space of a quarter of an hour After that he prayed audibly for a good space After which prayer he addressed himself to the people in a speech which continued above the space of an hour the substance of which speech was as followeth I am now become a publick Spectacle to Men and Angels and I hope God who is Omniscient is now beholding me with much pity and great mercy and compassion and the more because I am now come to that end that his own Son came into the world to To bear witnesse to the truth he himself said For this end was I born for this cause came I into the world that I should bear witnesse to the Truth I was brought into the world the Christian world for to bear witnesse to the truth of the Gospel as a common Christian I was brought into the world the Church as a Minister of his blessed Word and Sacraments Blessed be his name for that great honor and dignity and I came into the world to die more immediately for the testimony of JESUS which God hath now called me to I came into this world this Common-wealth to be a member thereof to bear witnesse to the Truths of the Customes the Laws the Liberties and Priviledges thereof So I am a member of the Common-wealth And me thinks it seems to me a strange thing that in as much as we all plead for Liberty and Priviledges and I pleading for the Priviledges the Laws the Statutes and the Customes of this Land yet I should die by those that should stand for the Laws the Statutes and Priviledges of the Land And I am here beheld by those that plead for their Liberties and I hope I am pitied because I here give up my self willingly and freely to be a State-Martyr for the publick good and I had rather die many deaths my self than betray my fellow-freemen to so many inconveniencies that they might be like to suffer by being subject to the wills of them that willed me to this death And it is worthy remembrance that Mr. Solicitor having impeached me of Treason to the Commissioners of the Court against his Highnesse I did often when brought before those Commissioners plead for the Liberties of the people of England though I had no knowledge of the Law yet I had instruction from those that were learned in the Law and had several Law-Cases and Presidents put into my hand though not by them and urged several Law-Cases and made my Appeal First for the Judicature that I was to be tryed by Whether it were according to Law Whether it were according to the Act And whether it were according to the words of the said Act I did appeal to have the said Act argued by learned Lawyers on both sides and then to be resolved by his Highnesse own Councel which was denied me This by the by I pressing the Argument made a second Appeal that those Judges if they would give singly their several Judgements that it was a just and lawfull Court of Judicature I would answer to my Charge I did make another Appeal to those that were his Highness's Councel and pleaded against me That if they would deliver it to me under their hands to be according to Law I would then go on to plead and answer to the Charge What was then said further my spirits being faint I shall not say much but only this I was taken in three defaults upon formality of the Court It seems it is a custome in all Courts which I did not know before that if they answer not the third time speaking by the Clerk that then they are guilty of three defaults and proceeded against as mute I had no such knowledge of the Law So they found me guilty of those defaults and when I would have pleaded and resolved to begin to plead I was taken from the Bar. I did the next day make my Petition to the Court in the Painted-Chamber two Petitions were presented the same in effect the former the Title was mistaken Yet because the Title was mistaken and no answer given therefore it was that another Petition was drawn up to the same effect with a new Title given as I remember presented by the Serjeant at Arms and one writ it over in such haste lest they should be drawn out of the Painted-Chamber into the Court that I had not time to read it over only I subscribed my name and there was in the front of the Petition a word left out but what the word was I know not and this was taken so ill as if I had put an affront and contempt on the Court And it was thought they would have heard me plead and then because of that mistake they sent word I should have my answer when I came into the Court and my answer was the sentence of condemnation And therefore I pray with all my soul that God would forgive all those that occasioned the charge to be drawn against me to give such unjust