put my hands out this way stretching them out them After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his Neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike Stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands the Executioner at one blow severed his head from his body The head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortninght to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered chiefly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to his Majesty they attended with others cloathed in Mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Herse in which it remained till Three in the Afternoon about which time came the Duke of Lenox the Marquess of Hertford the Marquess of Dorchester the Earl of Lyndsey having obtained an order from the Parliament for the decent Interment of the King their Royal Master provided the expence thereof exceeded not five hundred pounds At their coming into the Castle they shewed their Order of Parliament to Collonel Wichcot Governour of the Castle desiring the Interment might be in St. Georges Chappel and by the Form in the Common-Prayer Book of the Church of England this request was by the Governour denyed saying It was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. To which the Lords replyed There is a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases All could not prevail the Governour persisting in the Negative the Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the Eighth and his beloved Wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other Persons of Quality the Body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. After the Regicides had committed this Horrid and nefarious Act the prevailing Power consisting of a patcht number of the House of Commons and the chief Officers of the Army combined together and seeing how successfully and unopposed they had effected this so unparalel'd a Deed to which they knew the generality of the Nation were utterly averse and as far as they durst shew'd their absolute dislike They in the next place fall upon the alteration of the Government thinking to make sure work by subverting the Ancient Monarchy of this Realm and instead thereof introducing that which they called a Free State or Common-wealth For constituting of which the first thing they did was to Vote and publish by Proclamation That whereas several pretences might be made to the Crown c. to the apparent hazard of the publick Peace no Person whatsoever should presume to proclaim or any way promote Charles Stuart Son of the said Charles late King of England or any other person to be King or chief Magistrate c. by colour of Inheritance or any other claim whatsoever without the free Consent of the People in Parliament first signified by a particular Act for that purpose any Law or Custom to the contrary notwithstanding and whosoever should contrary to this Order proclaim c. shall be adjudged a Traytor and suffer accordingly This proceeding was founded upon a Maxim which they had taken up and agreed on among themselves namely That all Power and Authority is Originally in the People But well knowing that their Councils had soon been confounded and themselves interrupted in the course they had begun if they had incorporated again with those of their Members which had been forcibly kept out by the Army they Resolve and decree 1. That all those Members who had assented to the Vote of Decemb. 5. concerning the Kings Concessions for that was the occasion of their seclusion should never be readmitted and that those that Voted in the Negative should presently enter their said dissent or before they were to be admitted And together with the fortune of Monarchy was involved that of the House of Peers who having sent to desire a Conference about setling the Government in regard the Judges Commissions were determined by the Kings Death instead of an Answer to their Message the Junto of the Commons upon debate Voted the Lords House to be useless and dangerous and therefore to be laid aside as in like manner they declared the Kingly Office to be unnecessary and Burthensom and therefore fit to be abolished only they allowed the Lords the Priviledge of being capable to be chosen Burgesses into the House of Commons But the Lords were so highly incensed thereat that there was suddenly published a Declaration in the name of all the Peers and Barons of the Realm wherein they protest against the Proceedings of the Commons And a while after some of the Kings friends in despite of all Votes Acts and Orders to the contrary promoted a Proclamation in the name of all the Nobility Gentry and Commonalty of the Kingdom for proclaiming Charles our present Soveraign to be King of England But little could unarmed Declarations prevail against the reigning Power of an Armed faction who now assumed new Ensigns of Soveraignty cancelling the Old and caused all Writs Commissions and Instruments of publick Concernment to be issued out under a new Stile and Test that is of The Keepers of the Liberties of England by Authority of Parliament They ordered the old Great Seal to be
December 3. they presented their Petition against their Prosecutors And now the Papists began to fear a Cloud for Justice Howard was to deliver up a Catalogue of all Recusants within the Liberties of Westminster to prevent which he was stabbed by one Mr. John James in Westminster hall for which he was imprisoned in the Gate-house in order to a more severe punishment But Sir Francis Windebank Secretary of State fearing to be called to Account by the Parliament for reprieving Jesuits and Priests which he knew would be produced against him if not worse matters fled privately into France December 7th the Commons Voted Ship-money with the Opinion of the Judges thereupon to be Illegal and a Charge of High Treason was ordered to be drawn up against eight of them and they resolved to begin with the Lord Keeper Finch December 11th Alderman Pennington and some hundreds of Citizens presented a Petition subscribed by 15000 Hands against Church Discipline and Ceremonies and a while after the House of Commons Voted That the Clergy in a Synod or Convocation have no power to make Canons or Laws without Parliaments and that the Canons are against the Fundamental Laws of this Realm the Kings Prerogative the Property of the Subject the Right of Parliaments and tend to Faction and Sedition In pursuance hereof a Charge was ordered to be drawn up against Arch-bishop Laud as the principal framer of those Canons and other Delinquencies which Impeachment was seconded with another from the Scotch Commissioners upon which he was committed to the Black Rod and 10 weeks after Voted Guilty of High Treason and sent to the Tower The Scots likewise prefer a charge against the Earl of Strafford then in Custody requiring Justice against them both as the great Incendiaries and Disturbers of Church and State and Sir George Ratcliff the Earls Bosom Friend had Articles also drawn against him to this purpose That he had conspired with the Earl to bring Ireland under an Arbitrary Government and to subvert the Fundamental Laws and to bring an Army from Ireland to subdue the Subjects of England That he perswaded the Earl to use Regal Power and to deprive the Subjects of their Liberties and Properties That he countenanced Papists and built Monasteries to alienate the Affections of the Irish from England That he withdrew the Subjects of Scotland from their King And lastly That to preserve himself and the Earl of Strafford he laboured to subvert the Liberties and Priviledges of Parliament in Ireland The Lord Keeper Finch was the next Person designed to be censured and notwithstanding a Speech made in his own Vindication he was Voted a Traytor upon several Accounts and among the rest for soliciting perswading and threatning the Judges to deliver their Opinions for raising Ship-money and for several ill Offices done in moving the King to Dissolve the last Parliament and causing the publishing the Kings Declaration thereupon Next day he was accused before the Lords but he foresaw the Storm and went over into Holland The Parliament having now removed their Enemies and increasing in Reputation were designing a Bill for a Triennial Parliament for promoting which Petitions came from divers places one whereof was subscribed with 800 Hands directly against Episcopacy which the King took notice of and calling both Houses together tells them Of their slowness and the charge of Two Armies in the Kingdom and that he would have them avoid two Rocks the one about the Hierachy of Bishops which he was willing to Reform but not to alter The other concerning frequent Parliaments which he liked well but not to give his Power to Sheriffs and Constables About this time one Goodman a Popish Priest condemned at the Sessions in London was reprieved by the King upon which both Houses petitioned to know who were the Instruments of it and receiving an unsatisfactory Answer they Remonstrated against the Toleration of Papists and the Popes Nuncio Rosetti and this Goodman whom they desired might be left to the Justice of the Law To this the King answers That the increase of Popery and Papists in his Dominions is extreamly against his mind and that he would use all possible means for the restraining of it As for the Popes Nuncio Rosetti he had no Commission but only to preserve Correspondence between the Queen and the Pope which was allowed her by the Articles of Marriage however he had prevailed with her to remove him and is contented to remit the particular Case of Goodman to both Houses The Scots had been now quartered in England five months during which a Cessation had been concluded at Rippon but the full Pacification was reserved for London where Commissioners sate on both Parties to hear the Demands of the Scots and to make answer thereunto After which the Scots presented the great Account of their Charges which was Five hundred fourteen thousand one hundred twenty eight pounds nine Shillings besides the loss of their Nation which was Four hundred and forty thousand pounds This Reckoning startled the English Commissioners till the Scots told them They did not give in that Account as expecting a Total Reparation of their Charges and Losses but were content to bear a part of it hoping for the rest from the Justice and Kindness of England There was some opposition made to the Demands however Moneys were raised for the present from the City of London for the Supply of both the Northern Armies as the Parliament had done once before At this time a Match was propounded between the young Prince of Orange and the Lady Mary Eldest Daughter to the King which his Majesty liked well of and communicated it to the Parliament with whom it found an unanimous and general Reception in regard of the Alliance to be thereupon concluded with the States General and likewise that he was of the same Protestant Religion with England so that the Marriage was soon concluded Presently after four Members of the Commons delivered a Message to the Lords of a Popish Design of Levying an Army of Fifteen thousand in Lancashire and Eight thousand in Ireland and that the main promoters thereof were the Earls of Strafford and Worcester In February Sir Robert Berkly one of the Judges about Ship-money was accused of High Treason and committed Prisoner to the Black Rod. In this Month the King passed that Act for a Triennial Parliament and to let them know what value he put upon this great favour his Majesty told the Two Houses That hitherto they had gone on in those things which concerned themselves and now he expected they should proceed upon what concerned him The King then likewise signed the Bill of Subsidies which gave them such universal content that Sir Edward Littleton Lord Keeper was ordered To return the Humble Thanks of Both Houses to his Majesty at Whitehall Upon which there were Bonefires and Bells ringing in and about London in the same manner as formerly upon granting the Petition of Right March 1 1640
Leg with the Kings own hand with the Direction signed C. R. The business of the Lord Kimbolton and the five Members The suspicious designing a Guard about his Person and under hand promoting the Irish Rebellion The ordering Sir John Pennington to land the Lord Digby beyond Sea from thence to alienate the King from his Parliament and to procure Forreign Forces for his Assistance which now said they appeared more credible by reason of his removal with the Prince and the manifold Advertisements from Rome Venice Paris and other parts certifying that the Popes Nuncio had sollicited the Kings of France and Spain to lend his Majesty 4000 Men apeice in reference to some Design against Religion and the Parliament and lastly They desire him to turn away his wicked Councellors and to rely upon his Parliament which if he would do they would sacrifice their Lives Fortunes and utmost endeavours to the Supportation of his Soveraignty After the reading of the Declaration the Lords would have perswaded the King to come near the the Parliament and to grant the Militia for a time which his Majesty refused and told them in short That their Fears and Doubts and Jealousies were such as he would take time to satisfy the whole World of but that his own doubts were not Trivial occasioned by so many Scandalous Pamphlets and Seditious Sermons divers publick Tumults hitherto uninquired into and unpunished and sometime after the King published a Declaration to the People in Answer to theirs the sum of which was That he had no evil Councellors about him but leaves such to their censure where they should find them That he desired the Judgments of Heaven might be manifested upon those who had any design against the Protestant Profession That the Scottish Troubles were buried in perpetual silence by the Act of Oblivion and passed in Parliaments of both Kingdoms That they charging him with any inclining to the Irish Rebels was a high and causless injury to his Royal Reputation That he never intended to exasperate the late Army or in any wise to use them against the Parliament That Captain Leg's Petition was brought to him subscribed by the Officers of the Army desiring that the Parliament might not be hindred from reforming the Church and State to the Model of Queen Elizabeths days and was advantageous to them And to assure Sir Jacob Ashly of his Opinion therein he writ C. R. That the Lord Digby and Mr. Jermin neither were at White-hall nor had any Warrant from him after the Restraint That he had given sufficient Answer about Kimbolton and the five Members That the care of his own safety caused him to raise a Guard at White-hall and to receive the Loyal Tender which the Gentlemen of the Inns of Court did make him of their Service And that he looked upon their Forreign Advertisements by them mentioned as meerly wild and irrational The King goes further Northward whilst the Parliament Voted the Ordinance for Defence of the Kingdom not to be prejudicial to the Oath of Allegiance but to be obeyed as the Fundamental Laws and that the Kings Commands for Lieutenancy over the several Counties were illegal and void but he coming to Huntington sends them a Message March 15. That he intends to make his Residence at York and desires them to hasten their Succours for Ireland and not upon any pretence of Order or Ordinance to which he is not a Party of the Militia or any other thing to Do or Execute against the Laws which he himself was to keep and his Subjects to obey declaring his Subjects not to be obliged to obey any Act Order or Injunction to which he hath not given consent In answer to which they resolve That the absence of the King so far from his Parliament was destructive to the Relief of Ireland and therefore all those Councellors which advised him to it are to be suspected as Favourers of that bloody Rebellion as likewise those who perswaded his Majesty to question or contradict their Votes which was a high breach of Priviledge of Parliament March 16. The King at Stamford published a Proclamation for putting the Laws in Execution against Popish Recusants and from thence he goes to York and there March 24 Repeals his Grant for passing the Bill against Tonnage and Poundage of June 22 last past commanding the payment thereof for the future according to the Act of the First of King James and so this year ended It was now the year 1642 and the 18th of his Majesties Reign when a fresh Difference arose for the Earl of Northumberland Admiral of England being indisposed the King ordered Sir John Pennington Vice Admiral to take the charge of the Summer Fleet for the Narrow Seas but the Parliament earnestly desired that it might be conferred upon the Earl of Warwick but were refused by the King to their great distaste During the Assizes at York the Gentry Ministers and Freeholders of that County presented a Petition to the King to endeavour an Agreement with the Parliament who advises them to apply themselves to the Parliament for the good of all And next day he sends a Message to the Houses That he intended to raise his Guard out of the Counties near Chester Two thousand Foot and Two hundred Horse to be supplied with Arms from the Magazine at Hull upon taking the Oaths of Supremacy and Allegiance That if the Parliaments Undertaking for the Irish War would not suffice to defray the Charges of raising and paying them he would pawn or sell his Land or Houses desiring them withal to quicken their Levies for Munster and Connaught as the Scots already did theirs of Ulster and offers his Person against the Rebels The Parliament having for some time mistrusted the Kings going North to be intended for seizing the Magazine at Hull endeavoured to prevent it declaring their suspicion of his design to raise an Army and therefore pray That it might be removed from thence to the Tower of London as a place of more safety and easier transport for Ireland and that the Repreive for the popish priests in Newgate may be recalled and they executed And to make all sure Sir John Hotham a Member of the House of Commons is sent down to take upon him the Government of that place who by his sudden coming thither prevented the Earl of New-castle who was designed by the King to be Governor thereof so that when the King came to Hull in Person with his Guard consisting of Lords and Gentlemen April 23. 1642 he finds the Gates shut upon him and the Bridges drawn up but from the Wall Hotham appears and upon his knees intreats his Majesty Not to command that which without the breach of his Trust he could not yeild obedience to Whereupon the King finding his entrance prevented caused Hotham instantly to be proclaimed Traytor and by Letters to the Parliament complained of that Indignity and required satisfaction but they justified him therein and sent a
E. of Strafford in the Grand Accusation charging him for obtruding thâ— Common Prayer Book and Canons and Constitution Ecclesiastical upon their Nation and for advising thâ— King to dissolve the last Parliament and other suâ—â— matters upon which he was first committed to thâ— black Rod and 10 weeks after Voted Guilty of Higâ— Treason and sent to the Tower where he continueâ— 4 years his Charge was endeavouring the subversiâ—â— 1. Of the Lawes 2. Of Religion 3. Of the Priviledgâ— of Parliament And after many times attending on thâ— House Jan. 4. 1644. they passed their Ordinance oâ— Parliament That he should be drawn hang'd and quartered but upon his Petition They voted him to be beheaded which he suffered Jan. 10. after Jan. 30. a Treaty was begun at Vxbridge between the King and Parliament but took no effect Basing House was relieved by the Kings Forces against which Sir William Waller had lost above 1000 men About this time the E. of Essex was cashiered ouâ— of his Command and Sir Tho. Fairfax was Voted General of the Parliaments Forces Col. Rossiter waâ— defeated by Sir Marm. Langdale and the Kings party In April 1645. Collonel Massey defeated by Prince Rupert at Ledbury and Blechington House delivered to the Parliament In May Oxford was besieged the first time and Leicester taken by the King In June Leicester regained by the Parliament Carlisle after 41 weeks siege deliver'd by Sir T. Glenham to the Scots June 14. 1645. was fought that unfortunate Battell at Naseby which proved so fatal to the King and his Cause This fight was exceeding bloody both Armies being very couragious and numerous there not being above 500 odds On the Parliaments side â—ere slain and wounded above 1000 Officers and â—rivate Souldiers but much more was the loss on 〈◊〉 the Kings side there being taken 6 Collonels 8 â—ieutenant Collonels 18 Majors 70 Captains 8 Lieuâ—â—nants 200 Enfigns and other inferior Officers 4500 â—ommon Souldiers many Women 13 of the Kings â—oushold Servants 4 Footmen 12 pieces of Ordinance â—000 Arms 48 Barrels of Powder 200 Carriages all â—heir Bag and Baggage with store of rich Pillage â—000 Horse the Kings Standard and one of his â—oaches and his Cabinet of Letters and Papers which were afterwards published so that it proved a comâ—leat Victory to the Parliamentarians In July the Kings Forces were defeated at Langâ—ort about 200 slain and 1400 Prisoners Pomfret Castle Bridgwater Scarborough and Bath deliverâ—d to the Parliament In August Sherburn Castle taâ—en by the Parliament In Sept. Bristoll surrendred â—o them and the Kings Forces worsted at Routon Heath In October Basing-House taken by Cromwell â—nd L. Digby defeated in York-shire in Decemb. Laâ—â—am House delivered by the Kings Order and Hereâ—â—rd surpriz'd by the Parliament before which â—lace the Scots in August had lost about 1000 men â—n March L. Ashly defeated near Stow. In April 1646. Ruthen Castle Exeter St. Michaâ—ls Mount Dunster Castle and Woodstock yielded Corf Castle taken by Stratagem Sir Tho. Fairfax resolves â—o march to Oxford which put the King upon thoughts of providing for his own safety and therefore April â—3 he goes out of Oxford in Disguise with Mr. Hudâ—â—… a Minister and Mr. John Ashburnham whose Serâ—ant he personated and went to the Scots Army at Newark In May Oxford was besieged and Banbury â—nd Radnor surrendred to the Parliament In June Litchfield Worcester Wallingford Castle Borstall Oxford and Farringdon and yielded to the Parliament In July Gothridge and Pendennis the like and Conway taken by Storm In August Ragland surrendred by the Marquess of Worcester In September Scilly Island and Castle taken Denbigh Castle also yielded In Novemb Gen. Fairfax marched Triumphantly into London In February the Scotch Army having first sold the King for two hundred thousand Pound marched into Scotland and the King was sent Prisoner to Holmby by the Parliament The King being now in the power of his Enemies they remove him from place to place and at length into the Isle of Wight under the Guard of Coll. Hâ—â—mond and afterwards a Treaty of Peace was there begun wherein things were so managed that his Majesties Concessions were Voted satisfactory After which the Army and some part of the Parliament driving on an Interest contrary to Peace turned all such Members out of the House of Commons as they thought would not comply with their Designs and then conveyed the King to Windsor During which time there happened several Bickerings and Ingagements between the Royalists and the Parliamentarians the Royal Party being in all places defeated especially at Maidstone Pontefract Bow Stratford Kingston and Preston where the Scotch Army received a very great Overthrow losing abundance of men And lastly at Colchester where those two gallant Gentlemen Sir Ch. Lucas and Sir George Lisle were shot to death after quarter given contrary to the Law of Arms. After this the Officers of the Army and those Members then left in the House proceeded to that height as to presume to bring the King to Tryal which because it was an unparallel'd Action it may be necestary to give a more particular Account thereof The King goes from Oxford in disguise 1646 The Illegall Tryall of King Charles the 〈◊〉 The Martyrdom of King Charles 1648 Upon the fourth of January 1648. the House of Commons being turned into a Grand Committee passed these following Votes 1. That the People under God are the Original of all just Power 2. That the Commons of England Assembled in Parliament being chosen by and representing the People have the Supream Authority of the Nation 3. That whatsoever is Enacted and Declared for Law by the Commons of England Assembled in Parliament hath the force of a Law 4. That all the People of the Nation are included thereby although the consent and concurrence of the House of Peers be not had thereunto 5. That to raise Arms against the Peoples Representative or Parliament and to make War upon them is High Treason 6. That the King himself took Arms against the Parliament and upon that account is guilty of the Blood-shed throughout the Civil War and that he ought to explate the Crime with his own Blood After this they proceeded to make a pretended Act for the Tryal of the King which they â—ntituled An Act of the Commons of England Assemâ—led in Parliament for erecting of an High Court of â—ustice for the Trying and Judging of CHARLES STUART King of England which was in the â—orm following 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 Liberty of the 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 Kingdom 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 only to encourage him and his Complices in the Continuance of their evil practices and in raising of new Commotions Designs and Invasions For prevention therefore of the like greater inconveniencies and to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and malitiously to imagine 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 is Parliament assembled and it is hereby Ordained and enacted by the Authority thereof That Thomas L. F. O. C. c. shall be and are hereby appointed Commissioners and Judges for the Hearing Trying and Judging of the said Charles Stuart and the said Commissioners or any Twenty or more of them shall be and are hereby authorized and Constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and adjourn from time to time and from Place to place as the said High Court or the major part thereof meeting should hold fit and to take Order for charging of him the said Charles Stuart with the Crimes above-mentioned and for the receiving his Personal Answer thereunto and for Examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and to be Executed speedily and Impartially c. Presently after this was published Proclamation was made That those who had any thing to say against the King should have a hearing given them This was proclamed first in Westminster-Hall by the Serjeant at Arms to the Commissioners Riding into the Hall with his Mace attended with six Trumpeters and other Officers who likewise rode bare into the Hall with him the Drums of the Guard beating in the mean time without in the Palace-yard And the day after Proclamation was made to the same effect in Cheapside and at the Old-Exchange And in order to this grand Tryal Hillary Term which usually begins Jan. 23. was adjourned for fourteen dayes The House of Lords refusing to concur with the Commons in their Ordinance for the Kings Tryal the Commons resolve and Vote That all Members and others appointed to Act in any Ordinance are impowered and enjoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them And now the Ministers in general and the Presbyterians likewise who had been active against the Kings Cause declare themselves both in their Pulpits and by earnest Petitions to the Parliament to be zealous abhorrers of the Kings death and every where publickly protest against this Tryal The Nobility likewise offer themselves Pledges on the Kings behalf and the People universally seem greatly troubled and astonisht Notwithstanding all which the House of Commons and the Army went desperately on and a New and Illegal Tribunal called An High Court of Justice was erected the Commissioners whereof met in the Painted Chamber to consult what course to take about the Tryal of the King Fryday Jan. 19. 1648. The King was brought with a strong Guard of Horse from Windsor to St. James's and the next day Serjeant Bradshaw President of the pretended High Court of Justice with about seventy of the Members of the said Court having Coll. Fox and sixteen Gentlemen with Partizans and a Sword born by Coll. Humphrey and a Mace by Serj. Dandy with their and other Officers of the faid 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 Coll. 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 STVART 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 STVART 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 them have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves They have
resolved to bring you to Tryal and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said Mr. 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 Mr. 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 the Commons of England with Treason and high Misdemeanours 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 reserved 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 practices to the same end 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 Beverly in the Count 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 Nottingham 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 Edge-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 neer 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 Newberry in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the last year mentioned at Bodmin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the last year mentioned at Newberry aforesaid And upon or about the Eighth of June in the year of our Lord One thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord One thousand six hundred forty and six He the said Ch. Stuart hath caused and procured many thousands of the Free-people of the Nation to be slain and by Divisions parties and insurrections within this Land by Invasions from Foreign parts endeavoured and procured by him and by many other evil wayes and means He the said Charles Stuart hath not onely maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good people of this Nation in this present year One thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea and particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by Him or His Agents Corrupted to the betraying of Their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and the renewing of War and Hostility against the said Parliament and people as aforesaid By which cruel and unnatural Wars by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent Blood of the Free-People of this Nation hath been spilt many Familie have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of his said evil Designs He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal Interest of Will and Power and pretended Prerogative to Himself and his Family against the publick Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said Unnatural Cruel and Bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by protestation saving on the behalf of the people
of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Ch. Stuart shall make to the Premises or any of them or any other Charge that shall be so Exhibited doth for the said Treasons and Crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Common-wealth of England And pray that the said CHARLES STVART King of England may be put to answer All and Every the Premises That such Proceedings Examinations Trials Sentence and Judgment may be thereupon had as shall be agreeable to Justice IT is observed that the time the Charge was reading the King sate down in his Chair looking sometimes on the Court sometimes up to the Galleries and having risen again and turned about to behold the Guards and Spectators sate down looking very sternly with a countenance not at all moved till these words viz. Charles Stuart to be a Tyrant and Traitor c. were read at which he laughed as he sate in the face of the Court. Charge being read the Lord President replyed President Sir you have now heard your Charge read containing such matters as appear in it you find That in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer King I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as 't is possible to be had of any people in the world I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high wayes but I would know by what Authority I was brought from thence and carried from place to place and I know not what and when I know by what lawful Authority I shall answer Remember I am your King and what sins you bring upon your heads and the Judgment of God upon this Land think well upon it I say think well upon it before you go further from one sinto a greater therefore let me know by what lawful Authority I am seated here and I shall not be unwilling to answer in the mean time I shall not betray my Trust I have a Trust committed to me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority therefore resolve me that and you shall hear more of me President If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the people of England of which you are Elected King to answer them King No Sir I deny that President If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for neer these thousand years therefore let me know by what Authority I am called hither I do stand more for the Liberty of my people than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it President Sir how really you have managed your Trust is known your way of answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the publick Faith of the world Let me see a legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer President Sir You have propounded a Question and have been answered seeing you will not answer the Court will consider how to proceed in the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no King Sir I desire that you would give me and all the world satisfaction in this let me tell you it is not a slight thing you are about I am sworn to keep the Peace by that duty I owe to God and my Country and I will do it to the last breath of my body and therefore you shall do well to satifie first God and then the Country by what Authority you do it if you do it by a usurped Authority that will not last long There is a God in Heaven that will call you and all that give you power to account Satisfie me in that and I will answer otherwise I betray my trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow that it is as great a sin to withstand lawful Authority as it is to submit to a Tyrannical or any other wayes unlawful Authority and therefore satisfie God and me and all the World in that and you shall receive my Answer I am not afraid of the Bill President The Court expects you should give them a final Answer their purpose is to adjourn till Monday next if you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon Gods Authority and the Kingdoms and that peace you speak of will be kept in the doing of Justice and that 's our present work King Let me tell you if you will shew me what lawful Authority you have I shall be satisfied But that you have hitherto said satisfies no reasonable man President That 's in your apprehension we think it reasonable that are your Judges King 'T is not my apprehension nor yours neither that ought to decide it President The Court hath heard you and you are to be disposed of as they have commanded Two things were remarkable in this dayes proceedings 1. It is observed That as the Charge was reading against the King the silver head
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 sence 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 the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one President 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 ordinary Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed their 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 final determination King Shew me wherever the House of Commons was a Court of Judicature of that kind President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedom 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 Freedom and Laws of the Subject that ever I took defended my self 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 and from thence they intended to adjourn to Westminster-Hall at which time all persons concerned were 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 business of that day as agreeing to their sence 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 Supream Authority of the Commons of England in their Representatives 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 of that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supream 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 or answer with a saving notwithstanding of his pretended Prerogatives 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 confess 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
among them His Majesty having received it returned this short Answer thereunto That he would have them in the first place Consult about Matters of the greatest Importance and that they should have time enough for other things afterward This happened in the year 1626 and in the Second Year of his Majesties Reign about which time the Earl of Bristoll being ordered by the King to be Examined by a Committee of Lords concerning his Negotiation in Spain and having been in Prison and prohibited access to His Majesty ever since his return received a Letter from the Lord Conway wherein in order to his Relief he propounded to him from His Majesty this Choice Whether he would be quiet and not be questioned for what was past and enjoy the benefit of the late Gracious Pardon or whether he would stand upon his Justification To which he Answered That he did humbly acknowledge and accept of his Majesties Grace and Favour And at the same time he Petitioned the House of Lords for his Liberty or to come to a Tryal who apylying themselves to his Majesty he granted a Writ for the Earls coming to Parliament but with a Proviso That his Personal Attendance should be forborn whereupon the Earl sent another Petition to the Lords that he might be heard both as to his Restraint and of what he had to say against the Duke At which the King was much concerned and signified to the Lords That it was his Royal Pleasure that the Earl of Bristol might be sent for as a Delinquent to answer his Offences to the House and his scandalizing the Duke of Buckingham and his Majesty likewise by Reflection Upon this the Earl was accordingly brought to the Bar and being ready to be impeacht of High Treason by the Attorney General he besought their Lordships That as he was a Freeman and Peer of this Realm untainted and had something to say of high Consequence for his Majesties Service he might have liberty to speak Which being granted him he said I accuse that Man the Duke of Buckingham of High Treason This unexpected procedure of the Earl occasioned the Attorney General to draw up a Charge against him consisting of Eleven Articles containing Matters of divers Natures whereupon the Earl afterwards gave a large Account of the Duke of Buckinghams proceedings towards him and then preferr'd Twelve Articles against him and besides these Articles against the Duke the Earl of Bristol exhibited Eleven others against the Lord Conway the Earl likewise gave in his Answer to each particular Article of his Impeachment Now whilst these two Peers were thus contesting the House of Commons presented an Impeachment to the Lords against the Duke consisting of Twelve Articles to each of which the Duke made Replies and the last of them being a matter of general Discourse it may seem necessary to insert it with the Dukes Answer thereto That the Duke being a Sworn Servant of the the late King did cause and provide certain Plaisters and Potions for his late Majesty K. James in in his last Sickness without the Privity of his Majesties Physicians and that although those Plaisters and Potions formerly applied produced such ill Effects as many of his Sworn Phisicians did disallow as prejudicial to his Maiesties Health yet the Duke did apply them again to his Majesty whereupon great Distempers and dangerous Symptoms appeared in him which the Physitians imputed to those Administrations of the Duke whereof his late Majesty also complained which is an Offence and Misdemeanor of so high a Nature as may be called an Act of Transcendent Presumption And the said Commons by Protestation saving to themselves the liberties of exhibiting hereafter any other Accusation or Impeachment against the Duke and also of Replying unto what the Duke shall Answer unto the said Articles do pray That the said Duke may be put to Answer all and every the Premises and that such Proceeding Examinations Tryals and Judgments may be upon every of them had as is agreeable to Law and Justice To this Article the Duke of Buckingham Replyed That his late Majesty being sick of an Ague a Disease out of which the Duke recovered not long before asked the Duke what he found most Advantagious to his Health The Duke replyed a Plaister and Possit Drink administred unto him by the Earl of Warwick 's Physician whereupon the King much desired the Plaister and Possit drink to be sent for and the Duke delaying it the King commanded a Servant of the Dukes to go for it against the Dukes earnest request he humbly D Buckingham stab'd by Felton Mr Pryn Burton Bastnich in the Pillory The Tumult in Scotland upon Reading the Comon pray r craving his Majesty not to make use of it without the Advice of his own Physicians and Experiment upon others which the King said he would do and in confidence thereof the Duke left him and went to London and in the mean time he being absent the said Plaister and Posset Drink were brought and at the Dukes return his Majesty commanded the Duke to give him the Posset Drink which he did the Physicians then present not seeming to mislike it afterwards the Kings Health declining and the Duke hearing a Rumour as if his Physick had done his Majesty hurt and that he had administred Physick without Advice the Duke acquainted the King therewith who with much discontent replyed They are worse then Devils that say so About this time the King again earnestly pressed the House of Commons for a speedy Supply by their Speaker Sir Heneage Finch giving them to understand That if there did not pass the Bill of Subsidy by the end of the week following it would inforce him to take other Resolutions and if by their denial or delay any thing of ill consequence should fall out either at home or abroad he called God and Man to witness that he had done his part to prevent it by calling his People together to advise with him whose sitting if they dispatched this according to his desire he resolved to continue for the dispatch of other Affairs and after their Recess to bring them again together the next Winter Before the Commons sent an Answer they drew up a Petition to his Majesty That he would be pleased to Remove from all places of Trust and Authority all such Persons as were either Popish Recusants or according to the Direction of former Acts of State justly to be suspected to be such And herewith they likewise sent a large Scrowl of the Names of all such Noblemen and others as continued in places of high Trust in the several Counties of England The Answer to the late Articles against the Duke of Buckingham being by him delivered into the Lords House he desired their Lordships to send to the Commons for a speedy Reply whereupon the Commons required a Copy of his Answer But the Duke fearing what might be the Effect thereof humbly applyed himself to the Lords whom he intreated
And that as soon as his Majesty and both Houses may be secured from such Tumultuous Assemblies as to the High dishonour of the Parliament had awed the Members of the same which he conceived could not otherwise be done but by adjourning the Parliament to some place Twenty miles from London such as the Houses should agree upon His Majesty most chearfully and readily would consent to the disbanding of the Armies and would return speedily to his Two Houses of Parliament according to the Time and Place which they should agree upon Upon this Message the Parliament resolved to call back their Commissioners and so April 15. the Treaty ended About the beginning of last March the L. Brook marched toward Northampton and seizing the Ammunition there he went from thence to Warwick and so to Stratford upon Avon and beat Coll. Crockers and Lt. Coll Wagstaff's Forces out of that Town after which Besiegeing Litchfield one of the Kings Party shooting at a venture at the window of his Chamber the bullet pierced him in the Eye of which he immediately dyed yet his Souldiers being heightned with Revenge took the Close with the E. of Chesterfield and all his Souldiers and Ordnance after which Prince Rupert and the Earl of Northampton joining their Forces fell upon the Parliamentarians at Lichfield where the E. of Northampton was slain in the head of his Troop yet Lieut. Coll. Russel who commanded it despairing of succour yielded up the Place to Prince Rupert upon Honourable Conditions and marched away to Coventry April 17. 1643. the E. of Essex sate down before Reading and made two assaults but was repulsed The King marched from Oxford to Wallingford for its relief but Essexes Army increasing daily with fresh supplies from London both Parties happened to Skirmish at Causum Bridge where many of the Kings Forces were slain and forced to retreat whereupon the Town was a while after surrendred by Coll. Fielding who was made Deputy Governour in the room of Sir Arthur Aston who was disabled by a bruise he received in his head with a Brick-bat Fielding was for this Sentenced by a Council of War at Oxford to lose his Head but by the Intercession of Friends was pardoned May 3. Cheapside Cross was demolished a Troop of Horse and two Companies of Foot waiting to see it done and at the fall of the Top Cross Drums beat Trumpets blew and a great shout was made Charing-cross and all other Crosses in and about London were likewise pulled down about the same time In the mean time the breach between the King and Parliament became wider than ever so that they proceeded to draw up Articles of High Treason against the Queen some of which were That she had pawned the Crown Jewells in Holland That she had favoured the the Rebellion in Ireland That she had endeavoured to raise a Party in Scotland against the Parliament and that she had gone in the head of a Popish Army in England Several other Articles were framed against her upon which Mr. Pym carried up an Impeachment to the Lords who seemed at first surprized therewith but they afterward agreed to the Charge The Queen had about this time raised an indifferent Army of Horse and Foot and leaving some Horse and Foot with Sir Charles Cavendish for defence of Lincoln-shire and Nottingham-shire she with 3000 foot three Companies of Horse and Foot six Canons and two Mortar pieces met the King at Edge-hill and goes from thence with him to Oxford Several Encounters happened in the West between Sir Ralph Hopton for the King and Sir G. Chudleigh then Commander of the Parliaments Forces where sometimes one Party was Victorious and then the other Collonel Nath. Fines Governout of Bristoll about this time discover'd a design of Robert Yeomans and George Bouchier to deliver up that City to the Kings Forces upon which they were Condemned by Council of War and hanged May 30 notwithstanding the Kings Letter to the Maior and Citizens and General Ruthens to the Governour on their behalf And so ends this month famous by the Death of Mr. John Pym that active Person in the House of Commons In June 1643. Mr. Waller a Member of the House of Commons Mr. Tomkins Mr. Challoner Mr. Hasel Mr. Blinkhorn Mr. White and others were Arraigned at Guild-Hall London they being charged For designing to seize into their Custody the Kings Children some Members of Parliament the L. Mayor and Committee of the Militia all the Cities Outworks and Forts the Tower of London and all the Magazines and then to let in the Kings Forces to surprize the City Upon this Indictment they were Tryed and Condemned but Tomkins and Challoner onely were hanged Some Skirmishes passed between the E. of Essex and P. Rupert who ingaging about Tame in Oxfordshire The Prince routed a body of Horse in Chalgrave Field where Mr. John Hambden recieved his mortal wounds but in the West the Parliaments Forces had better success where they took in the Towns of Taunton and Bridgewater At this time finding the want of a Great Seal the Parliament after long debates Voted That a new Seal should be made for Confirmation of their Acts and Ordinances which was forthwith done and thereon was Ingraven the Picture of the House of Commons and Members sitting and on the other side the Arms of England and Ireland but between the Voting and making this Seal they passed this Order That if the L. Keeper Littleton upon Summons did not return with the great Seal within fourteen dayes he should lose his Place and whatsoever should be Sealed therewith by him after that time should be null and void in Law And presently after Mr. Hen. Martin a Member of Parliament seized upon the Regalia which were reposited in Westminster Abby telling some of his Accomplices That the time would come wherein there would be no need of Crowns and Scepters July 5. 1643. Sir Will. Waller meets with Sir Ralph Hopton's Forces at Landsdown near Bath who though fewer than Sir Williams yet maintained the fight from two in the afternoon till one the next morning and then Sir Williams Party forsook the Field Hopton himself was hurt and lost divers Gentlemen of note but the Parliaments loss was more Hopton marches to the Devizes in Wilt-shire and Waller after him whereupon the King sent 1500 Horse from Oxford to Hoptons relief Waller draws off to Roundway Down and there the Fight began in which the Parliamentarians were defeated and fled leaving the Foot to the mercy of their Adversaries by whom hundreds of them were Slain and more taken with four brass Guns Ammunition and Baggage 28 Colours and 9 Cornets Waller having thus lost his Army posts to London with a few followers for Recruits This Fight happened July 13. Some difference arising in the North between L. Fairfax General for the Parliament and Sir John Hotham Governour of Hull who refused to submit to the L. Fairfax the Parliament designed to displace Hotham which he
of his Staff fell off the which he wondered at and seeing none to take it up he stoop'd for it himself and put it in his pocket 2. That as the King was going away he looking with a very austere countenance upon the Court without stirring of his Hat replyed Well Sir when the L. President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his staff at the Sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the Painted Chamber and from thence to the same place again in Westminster Hall January 21. being Sunday the Commissioners kept a Fast at White-Hall there Preached Mr. Spigge his Text was He that sheds Mans blood by Man shall his blood be shed next Mr. Foxeley his Text Judge not least you be judged Last was Mr. Peters his Text was I will bind their Kings in Chains and their Nobles in fetters of Iron At the High-Court of Justice sitting in Westminster-Hall Monday Jan. 22. 1648. O Yes made Silence commanded The Court called and answered to their Names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of the Guard to fetch and take into his custody those who make any disturbance Mr. Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble Motion to this High Court in behalf of the People of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an answer to that Charge that thereupon such proceedings might be had as should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered that it was by Authority of the Commons of England assembled in Parliament that did think fit to call you to an account for those high and capital misdemeanours wherewith you were then charged Since 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 againsts you their Authority they do avow to the whole world that the whole Kingdom 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 onely 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 Freedom 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 Kingdom 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 Here the King would have delivered his Reasons 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 punctual 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 than 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 by that Reason that I have as thus informed I cannot yield 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 Kingdom 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
been stories will tell you if you go no higher than the time of the Conquest if you do come down since the Conquest you are the 24th 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 Descent 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 said in his time and 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 blood is designed yet if there were just cause to refuse him the people of England might do it For there is 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 liege Lord so they liege 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 farewel 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 instead of doing that you will be the great wrong-doer your self 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 Descent let all men know that great Offices are seizable and 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 kind 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 and is to Trie 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 terms 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 opprimet and if so be that be the definition of 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 Tyrannie 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 Superiour 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 Kingdom 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 and 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 endeavour 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 laid to your charge All the bloody Murthers that have been committed since this time that the Division was betwixt you and your People must be laid to your charge that have been 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 Kingdom 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 Murder 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 universal 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 wilful act of Murther by you committed had power to have convented you