the Parliaments Justice explaining the Nature of the Crimes of which the Prisoner stood charged and for which he was to be condemned and by way of Exhortation to the Prisoner to a serious Repentance for his high Transgressions against God and the People and to prepare for his Eternal Condition The Sentence formerly agreed upon and put down in Parchment-Writing O Yes being first made for Silence was by the Courts Command solemnly pronounced and given the Tenor whereof followeth Whereas the Commons of England Assembled in Parliament have by their late Act Entituled 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 STVART K. of England Authorized and Constituted us an High Court of Justice for the Trying and Judging of the said CHARLES STUART for the Crimes and Treasons in the said Act mentioned By vertue whereof the said CHARLES STUART hath been three several times convented before this High Court where the first Day being Saturday the Twentieth of Jan. instant in pursuance of the said Act a Charge of high Treason and other high Crimes was in the behalf of the People of England Exhibited against him and read openly unto him wherein he was charged That he the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Law 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 Vnlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People and 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 STVART 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 trayterously and maliciously Levied War against the present Parliament and People therein represented as with the Circumstances of Time and Place is in the said Charge more particularly set forth And that he hath thereby caused and procured many Thousands of the free People of this Nation to be slain and by Divisions Parties and Insurrections within this Land by Invaisons from Foreign Parts endeavoured and procured by him and by many other evil ways and means he the said CHARLES STVART hath not only maintained and carried on the said War both by Sea and Land 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 1648. in several Counties and Places in this Kingdom in the Charge specified and that he hath for that purpose given his Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and employed for the Safety of this 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 renewing of the War and Hostility against the said Parliament and People and that by the said cruel and unnatural War so levied continued and renewed much innocent Blood of the free People of this Nation hath been spilt many Families undone the Publick Treasure wasted Trade obstructed and miserably decayed vast expence and dammage to the Nation incurred and many parts of the Land spoiled some of them even to desolation and that he still continues his Commission to his said Son and other Rebels and Revolters both English and Foreigners 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 by his Procurement and on his behalf And that all the said wicked Designs Wars and evil Practices of him the said CHARLES STVART were still carried on for the Advancement and Vpholding of the Personal Interest of Will 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 And that he thereby hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Dammage Mischief to this Nation acted and committed in the said Wars or occasioned thereby Whereupon the Proceedings and Judgment of this Court were prayed against him as a Tyrant Traytor and Murtherer and publick Enemy to the Commonwealth as by the said Charge more fully appeareth To which Charge being read unto him as aforesaid He the said CHARLES STVART was required to give his Answer but he refused so to do And upon Monday the twenty second day of January instant being again brought before this Court and there required to answer directly to the said Charge he still refused so to do whereupon his Default and Contumacy was Entred and the next day being the third time brought before the Court Judgment was then prayed against him on the behalf of the People of England for his Contumacy and for the Matters contained against him in the said Charge as taking the same for confest in regard of his refusing to Answer thereto Yet notwithstanding this Court not willing to take advantage of his Contempt did once more require him to Answer to the said Charge but he again refused so to do Vpon which his several Defaults this Court might justly have proceeded to Judgment against him both for his Contumacy and the Matters of the Charge taking the same for confest as aforesaid Yet nevertheless this Court for their own clearer Information and further satisfaction have thought fit to examine Witnesses upon Oath and take notice of other Evidences touching the Matters contained in the said Charge which accordingly they have done Now therefore upon serious and mature deliberation of the Premises and consideration had of the Notoreity of the Matters of Fact charged upon him as aforesaid this Court is in judgment and Conscience satisfied that he the said CHARLES STVART is guilty of Levying War against the said Parliament and People and maintaining and continuing the same for which in the said Charge he stands accused and by the general course of his Government Councels and Practices before and since this Parliament began which have been and are notorious and publick and the Effects whereof remain abundantly upon Record this Court is fully satisfied in their Judgments and Consciences that he hath been and is guilty of the wicked Designs and Endeavors
their Forces demolish all their Out-works and Fortifications and suffer the whole Army to March through the City all which to the Eternal Dishonor of those Pusillanimous Cowards only Valiant in Rebellion they presently after most Triumphantly put in Execution This great Rub being so fortunately surmounted they now began to open the Dismal Scene and that they might extinguish the least remaining Sparks of Loyalty they fall to Menacing such as durst in the least Oppose them For upon the Debate which happened concerning the Nulling of all Acts Orders c. from July 26. 1647. to August 6. Sir Arthur Hasilrig openly declared in the House That some Heads must fly off and that he feared the Parliament of England would not Save the Kingdom of England that they must look another way for Safety And many other threatning Speeches were made by Sir H. Vane Jun. Sir John Evelyn Jun. Prideaux Gourdon Mildmay Scot and Cornelius Holland and in conclusion a Letter with a Remonstrance full of Invectives and Menaces from the General Fairfax and the general Council of the Army was produced by which Means they gained that Point also Upon the 24. of December the four Bills whereby the King was to be Devested of every thing but the Empty Name were sent to the King as the Conditions of restoring him to his Liberty and Crown And upon the third of January the Kings answer was Read and Debated upon which Sir Thomas Wroth broke out into this Extravagant Speech fitter for Bedlam Himself or rather Tyburn than St. Stephen's Chappel That Bedlam was appointed for Mad-men and Tophet for Kings That our Kings of late had carried themselves as if they were fit for no place but Bedlam and therefore Moved first to Secure the King and keep him close Prisoner in some Inland Castle with strong Guards Secondly to draw up Articles of Impeachment against him Thirdly to lay him aside and settle the Kingdom without him and for his own particular he said he valued not what Form of Government they set up so it were not by Kings and Devils This was Seconded by Ireton who spoke the Sense of the Army and said That the King had denyed Safety and Protection to his People by denying the four Bills That Subjection to his was but in lieu of Protection from him to the People that This being denied by the King they may well deny any more Subjection to him and settle the Kingdom without him That it was expected after so long Patience they should now shew their Resolution and not desert those Valiant Men of the Army who had ingaged for them beyond the possibility of retreat And to put the thrust home to the very Heart of the King towards the latter end of his Speech laying his Hand upon the Hilt of his Sword that Sorcerer Cromwel stood up and spake to this Effect That it was now expected that the Parliament should Govern and Defend the Kingdom by their own Power and Resolution and to teach the People no longer to expect Safety and Government from an Obstinate Man whose Heart God had hardened That they who had defended the Parliament from so many hazards difficulties and dangers with the expence of their Blood would defend them herein with Fidelity and Courage against all Opposition whatsoever therefore that they ought not to teach them by neglecting their own and the Kingdoms Safety in which their own is included to think themselves betrayed and left to the Rage and Malice of an irreconcilable Enemy whom they had subdued for the Parliament's sake and therefore in probability likely to find his future Government of them insupportable and more inclined to Revenge than Justice lest otherwise Despair should teach those Valiant Men to seek their Safety in some other means than adhering to the Parliament when they shall plainly see you will not stick to your selves and how destructive such a Resolution in them may be to you all added he I tremble to think and leave to you to Judge Whereupon the Question was immediately put Whether the Two Houses should make no more Addresses or Applications to the King and the House being Divided with the Yeas were 141. with the Noes 91. So it passed in the Affirmative But matters did not run so smoothly as they had hoped For the general Cry of the Nation was for a Personal Treaty with the King This was violently opposed by the Independent Faction and because there appeared great Inclinations in the City to favour the King they Threatned That after they had done with Colchester they would Humble that Proud City of London And to the Eternal Shame and Confusion of these Pretenders to Conscience and to Tender Conscience too the Reader shall hear that hideous Animal upon this occasion bray out the Bloody and Treasonable Thoughts of the Party possessed with this Legion in one of those Pamphlets which according to their constant Practice when they have the Press at Liberty they Print and Disperse abroad to poyson the abused People and to incite and animate them to Disloyalty Treason and the most Flagitious Villanies under pretence of following the Directions and Dictates of Conscience The Paper wears this Title The Voice of Conscience to all Well-meaning Citizens Printed July 16. 1648. And thus he Harangues the People If you desire to see a longer and more Bloody War and London as the Chief Seat thereof weltring in its own Blood your Wives Children and Families starved and pined to death through Poverty Famine and want of Trade if you would overthrow Parliaments for ever and subject both them and all People to the Will of the King and his Courtiers if you desire to see Foreigners invade you on all Hands and many Armies at once Quartered upon your Land putting hard for a New Conquest of this miserable divided Nation and if you desire to see your Wives and your Daughters ravished before your Faces and your Childrens Brains Dasht against the Stones by lustful and Blood-thirsty Cavaleers then follow the Steps of your Wealthy head-strong Aldermen and Common-Council-Men in their hasty pursuance of a Personal Treaty with the King or which is all one removing him out of the Armies Power For if you do flatter not your selves but be assured most Impious Confidence as certain as God is in Heaven you will see those Miseries come to pass and that swiftly too you will be devoured in an instant without Hope of Remedy But if you abhor and would prevent those Mischiefs then avoid and detest their Ingagement fly from it as from a Serpent it being a Viper bred in your own Bowels to destroy you and if you have unadvisedly subscribed it Repent speedily and Recal your Hands They most grosly delude you and abuse the Parliament in pretending they are able nay willing to Prevent or Suppress Tumults Trust them once and they will desire no more they will soon make it past a Treaty And when you lye at their Mercy complaining of
up the very Root of Majestie it is no wonder if they made no scruple of Lopping the Branches of Honour And therefore The Commons of England as they called themselves many of whom were never born to an Inch of Freehold immediately cut this Gordian Difficulty of the Negative and indeed the whole Power of the Peerage by these Three Keen Votes Resolved upon the Question That the People under God are the Original of all Just Power Resolved c. That the Commons of England in Parliament Assembled being Chosen by and Representing the People have the Supreme Power of the Nation The Explanation of the Court with some Animadversions THE King sitting in a large Elbow-Chair covered with Crimson Velvet with Gold Fringe and Nails and a Velvet Cushion in a distinct Apartment directly over against the Lord President between the space allotted for the Counsel of the Common-wealth standing on the right hand of the King and the like vacant space leading from the Head of the Stairs to the Kings Apartment aforesaid These three several Divisions all level with the Floor of the Court were hung with Turky Carpets and Matted In the Partition allotted for the King was also placed a small Table covered with a Turky Carpet and a Standish and Paper set thereon if his Majesty should have occasion for it Note The King of the mere Motion special Grace and singular Dispensation of his Soveraign Commons was permitted and did sit with his Hat on all the time nay at the very moment of pronouncing the Bloody Sentence See the Journal Page 25. Thus they who thought it not Manners to take off his Hat yet thought it no Sin to take off His Sacred Head The Lord President Bradshaw sitting in an Elbow-Chair advanced upon the first rising of the Court having a large Desk fixed before him covered with a Velvet Fall and a large Velvet Cushion thereupon John Lasle sitting on the right hand of the Lord President William Say sitting on the left hand of the Lord President These two being appointed to be his Lordships Assistants Note That the said Lord President and his said Assistants being all three of the Long Robe sate in their Gowns the rest of the Commissioners in their usual Habits as Gentlemen and Souldiers Note That the said Lord President sat in a black Tufted Gown till the day of the Fatal Doom what time he changed it for a Bloody Scarlet Robe and had the Insolence to bid the King take particular Notice thereof thinking possibly by such his barbarous Insulting Pedantick Threats to strike Terror into the King with which yet the King was nothing moved or concerned Andrew Broughton John Phelps The two Clerks appointed to attend the Court being seated at the Feet of the said Lord President under the Covert of his Desk Journal Page 12. The Table placed before the said Clerks whereon sometimes lay the Common-Wealths Mace and Sword of State or Justice Sometimes I say for at other times the said Sword was advanced in the head of the Guards with Partizans standing in the Court on the right hand of the King as he sate and the said Mace was sometimes handed by their Serjeant at Arms on the out-side of the Bar nigh the King on his left-hand But in this they are to be pardoned it being the first time they had Kinged it and therefore it was not to be expected that they should be so ready and exact in their Ceremonies The Scale of Benches which were covered with Scarlet Bays and the Foot-steps matted reaching up from the floor of the Court within 5 or 6 Foot of the very Glazing of the west Window of Westminster-Hall whereon sate the rest of the Commissioners The Atchievement of the Common-wealth of England Which surely the Usurpers had caused there to be fixed like the Hand writing on the Wall in direct view of the King to let him know That His Kingdom was numbered and finished and Monarchy it self abolished Well hoping at the sight thereof his Royal Countenance would change and his Knees smite one against the other But his Sacred Majesty not conscious of nor dreading any thing which they had either the Malice or Impudence to Act Affront Affright or Charge him with viewed it with his own to wit an undaunted unchangeable Countenance and with a Majestick gate Lyon Passant like made towards the place they had prepared for him at his own leisure while the Impatient Serjeant at Armes on the other side the Partition was fain to attend his Princely Motion with the Mace Shouldered and who was visibly struck with such Astonishment that he went Trembling and Quaking scarce able to support the Mace or to hold up the Bar to let the King into his Apartment aforesaid where the King presently sat himself down in the Chair set there for him and upon all occasions offered him by the Court always rose up with that Presence of mind and Princely Meen that made the Commissioners shamefully hang down their Heads none of them bearing up but the Frontless Lord President who throughout brazened it like the True and Trusty Chief Commissioner of the bold Usurpers while the King never seemed in the least concerned at what he had to say or durst to say or do unto him the King not giving them the Glory or Pleasure to say within themselves That they had at last made him yield or at least dismayed him With which his Princely Courage and Constancy the Spectators on the Scaffolds being justly and highly affected they could no longer forbear but burst out into loud Acclamations God bless your Majesty God save the King And which were seconded and returned as loud from the thronged Multitude in the Hall which made the Commissioners as it were start and look about them to find themselves thus deceived in the People it being easie to believe they expected their Crucisiges and not those Hosannahs Whereupon Order was given to the Cryer and to the Officers attending in the Hall also strictly to Charge and Command Silence which yet did hardly prevail with the People Oliver Cromwell sitting on the right side of the Escocheon or Shield as the Supporters of the Common-wealth Henry Martin sitting on the left side of the Escocheon or Shield as the Supporters of the Common-wealth I do not remember there was any Escrote or Motto for how wicked soever they then thought That God was such an One as Themselves yet did they at present forbear to declare so they being not then at that Height at which they soon after arrived in their Coyn The Blasphemous Motto whereof on the Reverse was God with us The Galleries and Scaffolds on either side the Court thronged with Spectators The Floor of the Court Matted and kept clear and open as here represented by the Guards on either side no person being permitted to abide between the King the Counsel and the Court but the known Officers and Messengers appointed to attend the Court. Note That the Level
of the Floor of the Court was raised very high from the Ground and also made close up with Boards from the Ground about three Foot higher than the Level of the Court Floor so that the Commissioners whose safety seeems principally Consulted in this new Model could not be discerned much less pressed upon by the Multitude in the Hall but at some considerable distance But his Majesties back parts sitting and standing were always visible to the People below in the Hall he being placed as you see on the outer Line of the Pales of the Court. This Court extended it self in length and depth from the west Window of Westminster-Hall as far as the stone Steps now leading up to the Courts of the Chancery and the Kings-Bench and in Breadth from Gallery to Gallery belonging to the said Courts respectively covering and over-laying both the said Courts For the Usurpers thought it not enough to destroy and abolish the ancient Fundamental Laws the envied Ornaments of Monarchy and the Safeguard both of the King and People And to commit all the Liberties of England to the safe Custody of Keepers of their own appointing and who were to be Answerable to them for their Escape unless they also overwhelmed and trod under foot the said Courts also from whence those wholesome Laws were wont duly to be dispensed to the Nation that their place might no where be found but for ever be forgotten for when they had once killed and taken Possession also they then deserted and laid desolate those ancient Tribunals and planted the Courts of their Keepers of the Liberties of England and of their Vpper Bench forsooth along the North side of Westminster-Hall whence they distributed to the enslaved People such Liberties Priviledges and Laws as they thought fit to afford them A Passage lined with Souldiers on both sides leading from the Court of Wards into the High Court of Justice and through which the Commissioners coming from the Painted Chamber made their entry into the said Court. The Place where the moving Guard with Partizans who together with the Serjeant at Arms and a Person carrying the Sword of State or Justice always came along with the Commissioners from the Exchequer Chamber into the Court stood sitting the Court. The place where the moving Guards with Partizans which always attended the King from Sir Robert Cotton's House up into the said Court and back thither again stood sitting the Court. The passage leading from the Stair head to the distinct Apartment appointed for the King as aforesaid Note This passage was railed and hung with Turky Carpets and always kept Barr'd and Empty on purpose as is to be supposed that none might come near the King to advise or assist him in any wise The Partition where the Counsel of the Common-wealth viz. Cooke Dorislaus and Aske stood alone on the Right hand of the King as he was sitting The Stairs by which the King ascended up into the Court out of Westminster-Hall The Passage leading into Westminster-Hall from Sir Robert Cotton's House where His Majesty was kept under strong Guards in readiness when the Court should from time to time order him to be brought up This Passage was planted thick with Souldiers on both sides who as his Majesty passed through them to and from the Court were wont to blow their stinking Mundungoes in his Royal Face without any reproof of their Officers who at that time durst not distaste the Souldiers nor appear Guilty of any the least Respects if they had any for the King Of which base rudeness and affront the King yet made no Complaint though he gave them to understand he was sensible of it by his often putting away the offensive smoak with his Hand A large free Passage leading from Westminster-Hall gate streight through the said Hall within 12 or 14 Foot of the bottom of this Court Another such like passage going cross the upper end of the last mentioned passage reaching and extending it self from one side of the said Hall to the other Note both these Passages were strongly Rayled to keep the Multitude who when the Court was set was freely permitted to fill the Hall between the Rayls and the Wall from breaking in upon the Souldiers who were planted all along within the Rayles to observe and awe the Multitude and secure the Court. In these vacant free Passages the Officers walked to and fro in a readiness and the Souldiers thus fenced from the Mulitude had the free use and security of their Arms upon all Accidents and which was thought to be no more than necessary For how confident soever the said Commissioners might seem to be yet certainly they had their Fears Witness besides all this solemnity of security in view as aforesaid the Guards in both the Palace Yards the Guards in Sir Robert Cotton's Garden Journal Page 18 19. The bricking up the Door in the passage going out of the Hall towards Heaven The strong Guards in the Courts of Request and Court of Wards where no Stranger upon any terms was permitted to stay the Commissioners being to pass through those Guards from the Painted Chamber into the Court by which it appeared they had Fears within and without and on every side else what meant those other Guards also placed above in the Leads on the out side the Hall and other suspected places mentioned in the Journal Page 19. if it were not to prevent the danger which they feared might otherwise have come from thence upon them where they sat indeed a very fair Mark for any Person that had been but half so bloody-minded as themselves The thronging Multitudes between the Rayles and the Hall Walls The Officers walking up and down in the said free Passages between the Souldiers standing within the Rayles ready to give the necessary Orders and Commands upon all occasions The Pageants of this Mock-Tribunal is thus represented to your view by an Eye and Ear Witness of what he saw and heard there Charles by y e Grace of God King of Great Britain France Ireland Defender of the Faith etc. A JOURNAL OF THE PROCEEDINGS OF THE High Court of Iustice ERECTED By Act of the Commons of England Intituled An Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for the Trying and Judging of CHARLES STUART King of England The Tenor whereof followeth viz. The Act. An Act of the Commons of England Assembled in Parliament for Erecting of a 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 Encroachments 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 Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all other evilways and means to
bring this Design to pass he hath prosecuted it with Fire and Sword Levied and maintained a cruel VVar in the Land against the Parliament and Kingdom whereby the Country hath been miserably wasted the Publick Treasure Exhausted Trade decayed thousands of People murdered and infinite other mischiefs committed For all which high and treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign Punishment VVhereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the distempers of the Kingdom did forbear to proceed Judicially against him but found by sad Experience that such their Remisness served only to encourage him and his Complices in the continuance of their evil practices and in raising of new Commotions Rebellions and Invasions for prevention therefore of the like or greater Inconveniences and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Nation and to expect Impunity for so doing Be it Ordained and Enacted by the Commons in Parliament and it is hereby Ordained and Enacted by Authority thereof That Thomas Lord Fairfax Oliver Cromwell Henry Ireton Esquires Sir Hardress Waller Knight Philip Skippon Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingoldsby Henry Mildmay Esquires Sir Thomas Honywood Thomas Lord Grey of Groby Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Sir James Harrington Sir William Allanson Sir Henry Mildmay Sir Thomas Wroth Knights Sir William Masham Sir John Barrington Sir William Brereton Baronets Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Rowland Wilson Aldermen of the City of London Sir Peter Wentworth Knight of the Bath Henry Martin William Purefoy Godfrey Bosvile John Trenchard Herbert Morley John Berkstead Matthew Tomlinson John Blackiston Gilbert Millington Esquires Sir William Constable Baronet Edmond Ludlow John Lambert John Hutchinson Esquires Sir Arthur Hesilrige Sir Michael Livesey Baronets Richard Salwey Humphry Salwey Robert Tichbourn Owen Roe Robert Manwaring Robert Lilbourn Adrian Scroop Richard Deare John Okey Robert Overton John Huson John Desborough William Goff Robert Duckenfield Cornelius Holland John Carey Esquires Sir William Armyn Baronet John Jones Esquire Miles Corbet Francis Allen Thomas Lister Benjamin Weston Perigrin Pelham John Gourdon Esquires Francis Thorp Serjeant at Law John Nutt Thomas Challoner Algernon Sydney John Anlaby John Moore Richard Darley VVilliam Say Joh. Aldred John Fagg James Nelthorp Esquires Sir VVilliam Roberts Knight Francis Lastells Alexander Rigby Henry Smith Edmond VVild James Challoner Josias Berners Dennis Bond Humphrey Edwards Gregory Clement John Fry Thomas VVogan Esquires Sir Gregory Norton Baronet John Bradshaw Serjeant at Law Edmond Harvey John Dove John Ven Esquires Iohn Fowks Alderman of the City of London Thomas Scot Esquire Thomas Andrews Alderman of the City of London William Cawley Abraham Burrell Anthony Stapeley Roger Gratwick Iohn Downs Thomas Horton Thomas Hammond George Fenwick Esquires Robert Nicholas Serjeant at Law Robert Reynolds Iohn Lisle Nicholas Love Vincent Potter Esquires Sir Gilbert Pickering Baronet Iohn Weaver Roger Hill Iohn Lenthall Esquires Sir Edward Banton Iohn Corbet Thomas Blunt Thomas Boon Augustine Garland Augustine Skinner Iohn Dixwell George Fleetwood Simon Meyne Iames Temple Peter Temple Daniel Blagrave Esquires Sir Peter Temple Knight and Baronet Thomas VVayte Iohn Brown Iohn Lowry Esquires Shall be and are hereby Appointed and Required to be Commissioners and Judges for the Hearing Trying and Adjudging of the said Charles Stuart And the said Commissioners or any Twenty or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster and to adjourn from time to time and from place to place as the said High Court or major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned and for the receiving of his personal Answer thereunto and for the examination of VVitnesses upon Oath which the Court hath hereby Authority to administer or otherwise and taking any other Evidence concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and such final Sentence to execute or cause to be executed speedily and impartially And the said Court is hereby Authorized and required to appoint and direct all such Officers Attendants and other circumstances as they or the major part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises And Thomas Lord Fairfax the General and all Officers and Soldiers under his command and all Officers of Justice and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed Provided That this Act and the Authority hereby granted do continue in force for the space of one Month from the making hereof and no longer Hen. Scobell Cler. Par. Dom. Com. In pursuance of which said Act the House of Commons Ordered as followeth viz. Die Sabbati 6. Jan. 1648. ORdered by the Commons Assembled in Parliament That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart King of England do meet on Monday next at two of the Clock in the afternoon in the Painted Chamber By virtue of which said recited Act and of the said Order grounded thereupon the Commissioners whose Names are here under-written met on Monday the said eighth day of January 1648. in the said Painted Chamber at Westminster where the said Act was openly read and the Court called Commissioners Present Thomas Lord Fairfax Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Valentine Wauton Edward Whaley Thomas Pride Isaac Ewers Sir Gregory Norton Bar. Peter Temple Esq John Ven Esq Thomas Challoner Esq Henry Martin Esq John Berkstead Esq Gilbert Millington Esq Richard Deane Esq Cornelius Holland Esq John Jones Esq John Aldred Esq Henry Smith Esq John Lisle Esq James Temple Esq Adrian Scroope Esq Edmond Ludlow Esq John Huson Esq Thomas Harrison Esq Nicholas Love Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho Maleverer Bar. Sir John Bourchier Sir Henry Mildmay James Challoner Esq Gregory Clement Esq John Fry Esq Augustine Garland Esq Daniel Blagrave Esq Robert Tichbourn Esq Wil. Heveningham Esq William Purefoy Esq John Blackistone Esq William Lord Mounson John Okey Esq John Carew Esq
Peregrine Pelham Esq Francis Lassells Esq John Downs Esq John Brown Esq John Hutchinson Esq Miles Corbet Esq Humphrey Edwards Esq Edmond Harvy Esq William Goff Esq The Comissioners of the Court being as aforesaid met and informing themselves of the tenor of their Commission they accordingly appoint the said Court to be holden in the same place on Wednesday the Tenth of the said Month of January and ordered Proclamation thereof to be made in the great Hall at Westminster by Edward Dendy Serjeant at Arms Authorizing him thereunto by Precept under their Hands and Seals in these words following viz. By Virtue of 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 we whose Names are hereunder written being Commissioners amongst others nominated in the said Act do hereby appoint That the High Court of Justice mentioned in the said Act shall be holden in the Painted Chamber in the Palace of Westminster on Wednesday the tenth day of this instant January by One of the Clock in the afternoon and this we do appoint to be Notified by Publique Proclaiming hereof in the great Hall at Westminster to morrow being the Ninth day of this Instant January betwixt the hours of Nine and Eleven in the Forenoon In Testimony whereof we have hereunto set our Hands and Seals this eight day of January Anno Domini 1648. We the Commissioners whose Names are hereunto Subscribed do hereby Authorize and Appoint Edward Dendy Serjeant at Arms to cause this to be Proclaimed according to the Tenor thereof and to make due Return of the same with this Precept to the said Court at the time and place above-mentioned Sealed and Subscribed by William Monson Tho. Grey Oliver Cromwell Gregory Norton Henry Ireton H. Edwards John Hutchinson Har. Waller William Constable John Lisle Henry Martin Valentine Wauton John Blackistone Gilbert Millington Adrian Scroope James Temple James Chaloner Thomas Harrison John Jones John Huson Peregr Pelham Edward Ludlow John Berkstead Peter Temple Edw. Whaley John Okey Rob. Tichbourn Thomas Pride Henry Smith Thomas Maleverer Thomas Challoner John Fry John Bourchier John Carew Aug. Garland Richard Deane Daniel Blagrave Which said Precept is thus returned on the Backside viz. I have caused due Proclamation to be made hereof according to the tenor of the Precept within written E. Dendy Serjeant at Arms. And in order to the more regular and due proceedings of the said Court they nominate Officers and accordingly chose Mr. Aske Dr. Dorislaus Mr. Steel and Mr. Cooke Councel to attend the said Court Mr. Greaves and Mr. John Phelpes Clerks to whom notice thereof was ordered to be given Mr. Edward Walford Mr. John Powel Mr. John King Mr. Phineas Payne and Mr. Hull are chosen Messengers to attend this Court January the Ninth 1648. According to the Precept of the Eighth instant Serjeant Dendy made Proclamation for the sitting of the said Court in manner following viz. About Ten of the clock of the same day the said Serjeant being attended with six Trumpets and a Guard of two Troops of Horse himself with them on horseback bearing his Mace rideth into the middle of Westminster-Hall the Court of Chancery then sitting at a general Seal where after the said Trumpets sounding the Drums then likewise beating in the Palace-yard he causeth the said Precept to be openly read which being done the House of Commons at the same time sitting Order as followeth Die Martis 9 Januarii 1648. Ordered by the Commons Assembled in Parliament that the same Proclamation that was made this Morning in Westminster-Hall touching the Tryal of the King be made at the Old Exchange and in Cheapside forthwith and in the same manner and that Serjeant Dendy the Serjeant at Arms do Proclaim the same accordingly and that the Guard that lieth in Pauls do see the same done In pursuance whereof Serjeant Dendy about twelve of the clock of the same day accompanied with ten Trumpets and Two Troops of Horse drawn out for that purpose in Paul's Church-Yard himself mounted bearing his Mace they all march from thence unto the Old Exchange London where after the Trumpets had sounded he maketh Proclamation as he had done before in Westminster-Hall And from thence they immediately march to Cheapside making the like Proclamation there also in manner as aforesaid during all which time the Streets are throng'd with Spectators without the least violence injury or affront publiquely done or offered Mercurii 10 Januarii 1648. Commissioners present Painted Chamber Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Knight Valentine Wauton Esq Edward Whaley Esq Thomas Harrison Esq Thomas Pride Esq Sir Thomas Maleverer Baronet James Challoner Sir John Danvers John Fry Sir Gregory Norton Augustine Garland Peter Temple Daniel Blagrave John Ven. Henry Martin William Purefoy John Blackistone Gilbert Millington Edmond Ludlow John Hutchinson John Corbet Robert Tichbourne Esq Owen Roe Esq John Dean Esq John Huson Esq Cornelius Holland Esq John Carew Esq Thomas Lister Esq Sir Henry Mildmay Knight Thomas Challoner Esq Peregrine Pelham Esq John Moor Esq William Say Esq Francis Lassells Esq Henry Smith Esq Thomas Scot Esq Nicholas Love Esq Vincent Potter Esq Adrian Scroope Esq John Dixwell Esq John Lisle Esq John Okey Esq John Berkstead Esq The Court being sat in the Place aforesaid began to take into consideration the manner and order that they intended to observe at the Kings Tryal and appointed two Ushers of the Court viz. Mr. Edward Walford and Mr. Vowell and Mr. Litchman was chosen a Messenger of this Court John Bradshaw Serjeant at Law a Commissioner of this Court was then chosen President of the said Court who being absent Mr. Say one of the Commissioners then present was appointed President Pro tempore and untill the said Serjeant Bradshaw should attend the said Service the said Mr. Say accordingly took his place and gave the thanks of this Court to Mr. Garland one of the Commissioners of this Court for his great pains by him formerly taken about the business of this Court The Court were informed of the great and important Imployment that at present lay upon Mr. Greaves in the behalf of the Commonwealth from which he cannot be spared without prejudice to the Publique and it was therefore moved in his behalf that he might be Excused from attending the service of one of the Clerks of the said Court which the Court admitted as a sufficient Excuse and thereupon Mr. Andrew Broughton was named and appointed one of the Clerks of this Court with John Phelpes the said John Phelpes being then sent for by a Messenger of the Court and accordingly making his appearance was commanded to attend the said service who attended the same accordingly and a Messenger of the Court was sent to Summon the said Mr. Broughton Mr. Aske Mr. Steel Dr. Dorislaus and Mr. Cooke are appointed Councel in the behalf of the Common-wealth to prepare and
Hutchinson Reporteth from the Committee appointed to consider of the Habits of the Officers and it is thereupon Ordered That Three Gowns be Provided for three Vshers and Three Cloaks for Three Messengers of this Court Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge against the King that the Councel have perfected the Charge and are ready to present it He likewise reporteth the Draught of an Order whereby the Charge may by the Command of this Court be exhibited together with a Form of Words the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge Which said Order and Form of Words the Court have with some Alterations agreed unto as followeth It is Ordered That Mr. Attorney and in his absence Mr. Sollicitor do in the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes against CHARLES STVART King of England and charge him thereupon in the behalf aforesaid The Form of Words are as followeth My Lord ACcording to an Order of this High Court to me directed for that purpose I do in the Name and on the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes whereof I do accuse CHARLES STVART King of England here present And I do in the Name and on the behalf aforesaid desire the said Charge may be received accordingly and due Proceedings had thereupon The Councel likewise according to Mr. Millington 's Report present a Draught of the Charge against the King which was read the first and second and third time and referred back to the said Councel to make some small Amendments as to the Form thereof Ordered That Commissary Gen. Ireton Col. Whalley Col. Harrison Sir Hardress Waller or any two of them do appoint the Thirty Persons that are by Order of the 17th Instant to attend the King and the Twenty that are to attend the Lord President Ordered That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet The Court Adjourned it self till Nine of the Clock to morrow morning Sabbathi 20 Jan. 1648. Three Proclamations and Attendance commanded Ordered That Sir Henry Mildmay be desired to deliver unto John Humphreys Esq the Sword of State in his Custody which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court The Court being sate as aforesaid before they engaged in further Business the Serjeant at Arms of the House of Commons came thither and acquainted the Court that the House wanted their Members that were of that Court the Court thereupon Adjourned till twelve of the Clock the same day The Court accordingly met at twelve of the Clock Three Proclamations made Commissioners present Painted Chamber 20 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court Tho. L. Grey of Groby Henry Martin Oliver Crowwell Henry Ireton Augustine Garland Thomas Challoner Nicholas Love William Cawley John Venn William Purefoy John Barkstead James Challoner Peter Temple Tho. Harrison Robert Tichbourne John Hutchinson Sir Gregory Norton Sir Tho. Maleverer Bar. Daniel Blagrave Owen Roe Thomas Wogan William Say Francis Lassels John Jones Sir John Bourchier John Carew John Dewnes John Fry Sir Michael Livesey Sir John Danvers Mr. Millington Sir Hardress Waller John Blakistone John Huson Humphrey Edwards Isaac Pennington Ald. of Lond. John Brown Edw. Whalley John Okey Thomas Pride Adrian Scroope Valentine Wauton Tho. Hamond James Temple Peregrine Pelham Thomas Lister Edmond Ludlow Simon Meyne Thomas Scot. Edmond Harvy William Lord Mounson Henry Smith Sir William Constable Isaac Ewers Sir Henry Mildmay Anthony Stapeley Here the Court sate private Ordered That the Form and Method of the Courts Proceeding unto and in the reading of the Commission by which they Sit sending for and bringing in the Prisoner to the Bar acquainting him in brief with the cause of his bringing thither receiving and reading the Charge and demanding what the Prisoner says thereto be referred to the discretion of the Lord President as also That in case the Prisoner shall in Language or Carriage towards the Court be insolent outragious or contemptuous that it be left to the Lord President to reprehend him therefore and admonish him of his Duty or to command the taking away of the Prisoner and if he see cause to withdraw or adjourn the Court But as to the Prisoners putting off his Hat the Court will not insist upon it for this day and that if the King desire time to Answer the Lord President is to give him time Ordered Vpon the Lord President 's Desire and Motion That Mr. Lisle and Mr. Say Commissioners of this Court be Assistants to the Lord President and for that purpose it is Ordered that they sit near the Lord President in Court Mr. Sollicitor presented the Charge against the King ingrossed in Parchment which was read and being by Mr. Sollicitor Signed was returned to him to be exhibited against the King in his presence in open Court And thereupon the Court Adjourned it self forthwith to the Great Hall in Westminster The Manner of the Tryal of Charles Stuart King of England ON Saturday being the 20 th Day of January 1648. the Lord President of the High Court of Justice his two Assistants and the rest of the Commissioners of the said Court according to the Adjournment of the said Court from the Painted Chamber came to the Bench or Place prepared for their Sitting at the West End of the Great Hall at Westminster divers Officers of the said Court one and twenty Gentlemen with Partizans and a Sword and Mace marching before them up into the Court where the Lord President in a crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a crimson Velvet Cushion before him the rest of the Members placing themselves on each side of him upon several Seats or Benches prepared and hung with Scarlet for that purpose The Lord President 's two Assistants sitting next of each side of him and the two Clerks of the Court placed at a Table somewhat lower and covered with a Turky Carpet upon which Table was also laid the Sword and Mace the said Guard of Partizans dividing themselves on each side of the Court before them Three Proclamations are made for all persons that were Adjourned over thither to draw near The Court being thus sate and Silence enjoyned the Great Gate of the Hall was set open to the intent that all persons without exception desirous to see or hear might come unto it upon which the Hall was presently filled and Silence again ordered and proclaimed After Silence proclaimed as aforesaid the Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for Trying and Judging of CHARLES STVART King of
Francis Allen. Sir Tho. Maleverer Bar. Valentine Wauton Peter Temple John Fry Thomas Scot. Henry Smith Thomas Pride Augustine Garland John Venn Sir John Bourchier William Purefoy Sir William Constable Bar. Isaac Pennington Ald. of Lond. Thomas Harrison Edmund Harvey John Hutchinson Oliver Cromwell Thomas Lord Grey of Groby Sir Gregory Norton Bar. Robert Wallop James Temple Owen Roe Richard Deane William Goffe Francis Lassels Edmond Ludlow William Cawley Gilbert Millington Sir Hardress Waller Anthony Stapeley John Jones Nicholas Love John Carew Tho. Andrews Ald. of Lond. Isaac Ewers John Huson Cornelius Holland Humphrey Edwards Vincent Potter John Okey John Blackistone Thomas Hammond Daniel Blagrave William Heveningham Sir Michael Livesey John Berkstead Peregrine Pelham John Downes Adrian Scroope John Dixwell John Moore Robert Tichbourne James Challoner Gregory Clement William L. Mounson Henry Marten Tho. Challoner Here the Court sit private Ordered That the Committee for nominating the Officers of this Court together with the Committee for nominating the Guards do consider of an Allowance for Diet of the Officers and what other satisfaction they shall have for their Service Col. Harvey informeth the Court That he was desired to signifie unto this Court in the behalf of Mr. John Corbet Member of this Court that his absence is not from any disaffection to the Proceedings of this Court but in regard of other especial Employment that he hath in the Service of the State Here the Court considered of the King's Carriage on the Saturday before and of all that had then passed on the Courts behalf and approved thereof as agreeing to their Sense and Directions and perceiving what the King aimed at viz to bring in question if he could the Jurisdiction of the Court and the Authority whereby they sate and considering that he had not in the interim acknowledged them in any sort to be a Court or in any Judicial capacity to determine of his Demand and Plea and that through their sides he intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representative The Commons Assembled in Parliament after Advice with their Councel Learned in both Laws and mature Deliberation had of the Matter Resolved That the Prisoner should not be suffered to bring these things in question which he aimed at touching that Highest Jurisdiction whereof they might not make themselves Judges and from which there was no Appeal And therefore Order and Direct viz. Ordered That in case the King shall again offer to fall into that Discourse 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 not be permitted to be disputed by him and that they were resolved he should answer his Charge That in case he 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 to Answer with a Saving Notwithstanding of his pretended Prerogative That the Lord President do in the Name of the Court refuse his Protest and require his Positive Answer to the Charge That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring such 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 diverse High Crimes and Treasons which Charge hath been read unto You The Court requires you to give a Positive Answer whether You confess or deny the Charge having determined that You ought to Answer the same Ordered That the Commissioners shall be called in open Court at the Courts Sitting in the Hall and that the Names of such as appear shall be Recorded Hereupon the Court forthwith Adjourned it self into Westminster-Hall Westminster-Hall 22 Jan. 1648. Post Merid. The Commissioners coming from the Painted Chamber take their Place in the Publick Court in Westminster-Hall as on Saturday before and being sate and the Hall Doors set open Three Proclamations are made for all Persons that were Adjourned over to this time to give their Attendance and for all Persons to keep Silence upon pain of Imprisonment The Court is thereupon called Commissioners Present in Westminster-Hall 22 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court William Say John Lisle Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Edmund Ludlow John Huson William Goffe Cornelius Holland John Carew Robert Lilbourne John Jones Francis Allen. Peregrine Pelham Thomas Challoner John Moore John Aldred Francis Lassels Henry Smith James Challoner Gregory Clement John Fry Thomas Wogan Peter Temple Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. Henry Martin William Purefoy John Berkstead William Tomlinson John Blakistone Gilbert Millington Sir William Constable Bar. Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Deane John Okey John Hutchinson Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland John Dixwell James Temple Daniel Blagrave Humphrey Edwards The Court being called the Serjeant is commanded to fetch his Prisoner The King is again brought Prisoner to the Bar as on Saturday before Proclamation is made for Silence whilst Pleas of the Commonwealth were in hand and Order given to the Captain of the Guard to take into his Custody such as should disturb the Court. Mr. Sollicitor moved the Court that the Prisoner might give a Positive Answer to his Charge or otherwise that the Court would take the Matter of it pro Confesso and proceed thereupon according to Justice which being pressed by the Court upon the Prisoner and their Judgment again made known unto him That he was to Answer his Charge otherwise that his Contumacy would be recorded The Prisoner that notwithstanding still insisted upon his former Plea and that the Court had no Power nor the Commons of England who had constituted it to proceed against him upon which the Clerk of the Court by Command and according to former Order required his Answer in the Form prescribed and the Prisoner still refusing to submit thereto his Default and Contempt were again Recorded the Prisoner remanded and the Court Adjourned it self till the
Two of the Clock Sabbathi 13 Jan. 1648. Proclamation being made and all Parties Concerned required to give Attendance the Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwel Esq Henry Ireton Esq Sir Hardress Waller Kt. Edward Whaley Esq Thomas Pride Esq Isaac Ewer Esq Sir John Danvers Sir Gregory Norton William Purefoy Esq John Blackistone Esq Gilbert Millington Esq Sir William Constable Bar. John Hutchinson Esq William Goff Esq Cornelius Holland Esq John Carew Esq Thomas Challoner Esq Algernon Sydney Esq William Say Esq John Fagg Esq Francis Lassels Esq Valentine Wauton Esq Henry Smith Esq Humphrey Edwards Esq John Fry Esq Sir Thomas Maleverer Bar. William Heveningham Esq John Dove Esq John Venn Esq Tho. Scot Esq John Downes Esq Adrian Scroope Esq John Lisle Esq Augustine Garland Esq John Dixwell Esq Daniel Blagrave Esq John Browne Esq The Court being to make further preparations for the King's Tryal sit private The Serjeant at Arms is Authorized to employ such other Messengers as shall be needful for the service of the Court giving in their Names to the Clerks of this Court Ordered That the Serjeant at Arms do search and secure the Vaults under the Painted Chamber taking such Assistance therein from the Souldiery as shall be needful Mr. Garland reporteth from the Committee for considering of the place for the King's Trial and the Court thereupon Ordered That the said Tryal of the King shall be in Westminster-Hall That the Place for the King's Tryal shall be where the Courts of King's Bench and Chancery sit in Westminster-Hall and that the Partitions between the said two Courts be therefore taken down and that the Committee for making Preparations for the King's Tryal are to take care thereof accordingly The Court Adjourned it self till Monday at Two of the Clock in the Afternoon to this Place Lunae 15 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Dean Esq John Berkstead Esq Isaac Ewer Esq Robert Lilbourn Esq Thomas Hamond Esq Edward Whaley Esq Thomas Pride Esq Thomas Lord Grey of Groby William Lord Mounson Sir John Danvers Sir Tho. Maleverer Bar. Sir Tho. Wroth. Robert Wallop Esq Henry Martin Esq William Purefoy Esq Gilbert Millington Esq Edmond Ludlow Esq John Hutchinson Esq Adrian Scroope Esq John Okey Esq John Huson Esq Peregrine Pelham Esq Thomas Challoner Esq John Moore Esq John Aldred Esq Henry Smith Esq James Challoner Esq Humphrey Edwards Esq Vincent Potter Esq Augustine Garland Esq James Temple Esq Daniel Blagrave Esq John Blackistone Esq Oliver Cromwell Esq Robert Tichbourne Esq John Jones Esq John Downs Esq Sir Hardress Waller Thomas Horton Esq Henry Ireton Esq Algernon Sydney Esq Peter Temple Esq Nicholas Love Esq Valentine Wauton Esq John Lisle Esq John Venn Esq Cornelius Holland Esq Thomas Scot Esq Sir William Constable Bar. Herbert Morley Esq Miles Corbet Esq John Fry Esq William Goff Esq John Fagg Esq John Carew Esq Sir Henry Mildmay Sir Gregory Norton Bar. Here the Court sit private The Councel attended and presented to the Court the Draught of a Charge against the King which being read the Court appointed Commissary General Ireton Mr. Millington Mr. Marten Col. Harvey Mr. Challoner Col. Harrison Mr. Miles Corbet Mr. Scot Mr. Love Mr. Lisle Mr. Say or any three of them to be a Committee to whom the Councel might resort for their further Advice concerning any thing of difficulty in relation to the Charge against the King who were likewise with the Councel to compare the Charge against him with the Evidence and to take care for the preparing and fitting the Charge for the Courts more clear Proceedings in the Businesses as likewise to advise of such general Rules as are fit for the Expediting the Business of the said Court and to meet the Morrow Morning at Eight of the Clock in the Queens Court. Col. Ludlow Col. Purefoy Col. Hutchinson Col. Scroope Col. Deane Col. Whalley Col. Huson Col. Pride Sir Hardress Waller Sir William Constable together with the Committee for making Preparations for the King's Tryal or any three of them are appointed a Committee to consider of the manner of bringing the King to the Court at his Tryal and of the Place where he shall be kept and lodge at during his said Tryal and to take consideration of the secure Sitting of the said Court and placing the Guards that shall attend it and are to meet to morrow morning at Eight of the clock in the Inner Star-Chamber The Court taking Notice of the Nearness of Hilary-Term and necessity they apprehended of Adjourning it in regard of the King's Tryal thereupon were of Opinion that it is fit that a Fortnight of the said Term be Adjourned and Mr. Lisle is desired to move the House therein Three Proclamations The Court Adjourned it self till Wednesday next at Eight in the Morning Mercurii 17 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Esq Edward Whaley Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho. Maleverer Bar. Sir Hardress Waller John Blackistone Esq John Berkstead Esq Sir William Constable John Hutchinson Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson Augustine Garland Simon Meyne Peter Temple John Brown Thomas Scot. Thomas Lister John Jones Vincent Potter Daniel Blagrave William Say Nicholas Love Robert Lilbourne William Goffe John Carew Thomas Pride Francis Allen. Peregrine Pelham John Moore Francis Lassels Henry Smith James Challoner Humphrey Edwards John Fry Sir Gregory Norton John Venn William Cawley Thomas Horton Thomas Hammond Isaac Ewers Cornelius Holland Sir John Bourchier Edmond Ludlow Edmond Harvey Edmond Wild. Thomas Heath William Heveningham Henry Marten William Purefoy John Lisle Ordered That the Commissioners of this Court who have not hitherto appeared be summoned by Warrants under the Hands of the Clerks of this Court to give their Personal Attendance at this Court to perform the Service to which they are by Act of the Commons of England Assembled in Parliament appointed and required Ordered That the Serjeant at Arms attending this Court or his Deputy do forthwith Summon all the aforesaid Commissioners making default who reside or dwell within twenty Miles of London Particular Warrants to every one of them were accordingly issued forth for their Attendance Upon Report made by Col. Hutchinson from the Committee to consider of the manner of bringing the King to Tryal c. the Court Order as followeth viz. Ordered That Sir Robert Cotton's House be the place where the King shall lodge during his Tryal That the Chamber in Sir Robert Cotton 's House next the Study there shall be the King's Bed-Chamber That the Great Chamber
England was openly read by one of the Clerks of the Court. The Act being read the Court was called every Commissioner present thereupon rising to his Name Commissioners present Westminster-Hall Jan. 20. 1648. John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William Lo. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Berkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Augustine Garland Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregr Pelham Francis Allen. Thomas Challoner John Moore William Say John Aldred Francis Lassells Henry Smith James Challoner Humphrey Edwards Gregory Clement John Fry Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scot. William Cawley Anthony Stapeley John Downs John Dixwell Simon Meyne James Temple Peter Temple Daniel Blagrave John Brown This done the Court command the Serjeant at Arms to send for the Prisoner and thereupon Col. Thomlinson who had the Charge of the Prisoner within a quarter of an hours space brought him attended by Col. Hacker and two and thirty Officers with Partizans guarding him to the Court his own Servants immediately attending him Being thus brought up in the Face of the Court the Serjeant at Arms with his Mace receives him and conducts him straight to the Bar having a crimson Velvet Chair set before him After a stern looking upon the Court and the People in the Galleries on each side of him he places himself in the Chair not at all moving his Hat or otherwise shewing the least respect to the Court but presently riseth 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 the Guard that attended him in the mean time dividing themselves on each side the Court and his own Servants following him to the Bar stand on the left hand of the Prisoner The Prisoner having again placed himself in his Chair with his Face towards the Court and Silence being again ordered and proclaimed the Lord President in the Name of the Court addressed himself to the Prisoner acquainting him That the Commons of England Assembled in Parliament being deeply sensible of the Evils and Calamities that had been brought upon this Nation and of the innocent Blood that had been spilt in it which was fixed upon him as the principal Author of it had resolved to make Inquisition for this Blood and according to the Debt they did owe to God to Justice the Kingdom and themselves and according to that Fundamental Power that rested and Trust reposed in them by the People other Means failing through his Default had resolved to bring him to Tryal and Judgment and had therefore constituted that Court of Justice before which he was then brought where he was to hear his Charge upon which the Court would proceed according to Justice Hereupon Mr. Cooke Sollicitor for the Common-wealth standing within a Bar with the rest of the Councel for the Common-wealth on the right hand of the Prisoner offered to speak but the Prisoner having a Staff in his hand held it up and softly laid it upon the said Mr. Cooke's Shoulder two or three times bidding him hold nevertheless the Lord President ordering him to go on Mr. Cooke did according to the Order of the Court to him directed in the Name and on the behalf of the People of England exhibit a Charge of High Treason and other high Crimes and did therewith accuse the said CHARLES STVART King of England praying in the Name and on the behalf aforesaid that the Charge might be accordingly received and read and due Proceedings had thereupon and accordingly preferred a Charge in writing which being received by the Court and delivered to the Clerk of the Court the Lord President in the Name of the Court ordered it should be read But the King interrupting the reading of it the Court notwithstanding commanded the Clerk to read it acquainting the Prisoner that if he had any thing to say after the Court would hear him whereupon the Clerk read the Charge the Tenor whereof is as followeth viz. A Charge of High Treason and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General appointed by the said Court for and on the behalf of the People of England against CHARLES STVART King of England THat He 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 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 1642. 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 four and twentieth day of August in the same Year at the County of the Town of Nottingham where and when he set up his Standard of War and also on or about the twenty third day of Octob. in the same Year at Edge-Hill and Keynton Field in the County of Warwick and upon or about the thirtieth day of November in the same Year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the Year of our Lord 1643 at Caversham-Bridge near Reading 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 Gloucester and upon or about the thirtieth day of November in the Year last mentioned at Newbury in the County of Berks and upon or about the thirty first
of the Clock declaring that from thence they intended to Adjourn to the same Place again But that the Reader may have the entire Relation of this deplorable Tragedy I have from the most Authentick Prints inserted at large the interlocutory Passages between the King and Bradshaw of which Mr. Phelpes in his Journal gives only a succinct Account which take as follows His Majesty with his wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the Pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved Countenance and sometimes smiling especially at those Words Tyrant Traytor and the like Also the Silver Head of his Staff happened to fall off at which he wondered and seeing none to take it up He stooped for it himself The Charge being read Bradshaw began 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 its 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 Vnlawful Authorities in the World Thieves and Robbers by the High-ways 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 your Lawful 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 Sin to 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 Bradshaw 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 King No Sir I deny that Bradshaw 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 near 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 Bradshaw 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 Bradshaw 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 satisfie first God and then the Country by what Authority you do it If you do it by an Vsurped Authority you cannot answer it 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 ways Vnlawful 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 Bradshaw 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 God's 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 For Answer Let me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in Your Apprehension We are satisfied that are your Judges King 'T is not My Apprehension nor Yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take him away His Majesty only replied Well Sir And at his going down pointing with his Staff toward the Axe He said I do not fear that As He went down the Stairs the People in the Hall cried out God save the King notwithstanding some were set there by the Faction to lead the Clamour for Justice Painted Chamber 22 Jan. 1648. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court William Say John Downs Edward Whaley
next day being Tuesday at Twelve of the Clock to the Painted Chamber withal giving Notice that from thence they intended to Adjourn to this Place again Sunday having been spent in Fasting and Seditious Preaching according to the Mode of these Impious Hypocrites who used to Preface Rebellion and Murder with the Appearance of Religion the Illustrious Sufferer was as is before in Phelpe's Journal related placed before the infamous Tribunal vvhere their Mercenary Sollicitor Cooke opened the Tragick Scene thus displaying his Talents of Impudence and Treason Cooke 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 in to 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 pleased to give an Ansvver but instead of ansvvering did there dispute the Authority of this High Court My Humble Motion to this High Court in the behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Ansvver either by vvay of Confession or Negation vvhich if he shall refuse to do that then the Matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshavv Sir You may remember at the last Court you vvere told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other High Crimes against this Realm of England you have 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 Account for those High and Capital Misdemeanors 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 Kingdom to be made good against you Their Authority they do avow to the whole World that the vvhole Kingdom are to rest satisfied in and you are to rest satisfied vvith it and therefore you are to lose no more time but to give a positive Ansvver thereunto King When I was here last 't is very true I made that Question and 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 Superior 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 to be 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 Bradshaw Sir I must interrupt you vvhich I vvould not do but that vvhat 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 vvhom 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 a punctual and direct Answer whether you will answer 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 But 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 Bradshaw 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 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 but 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 Proceeding as Legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason Bradshaw 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 to 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 Precedent Bradshaw 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 Bradshaw Sir You are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read CHARLES STVART 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 so soon as I know by what Authority you do this Bradshaw 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 Bradshaw Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we will give Order to Record your Default King You never heard my Reasons yet Bradshaw Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Bradshaw 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 where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant Take away the Prisoner King Well Sir Remember that the King is not suffered to give in his Reasons for the Liberty and Freedom of all his Subjects Bradshaw 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 Vnder 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 the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge King Well Sir Then Bradshaw Ordered the Default to be Recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was Guarded forth to Sir Robert Cotton's House The Court Adjourned to the Painted Chamber on Tuesday at Twelve of the Clock and from thence they intend to Adjourn to Westminster-Hall at which time all Persons concerned are to give their Attendance His Majesty not being suffered to deliver his Reasons against the Jurisdiction of their Pretended Court by word of Mouth thought fit to leave them in Writing to the more impartial Judgment of Posterity as followeth HAving already made my Protestations not only against the Illegality of this Pretended Court but also That no Earthly Power 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 self 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 dayly make New and abrogate the Old Fundamental Law of the Land Which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured 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 nor 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 vvarranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident This Days Proceeding cannot be warranted by God's Law for on the contrary 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 dost Thou Eccl. 8.4 Then for the Law of this Land I am no less 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 Maxims 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 Judicature which was never one it self as is well knovvn to all Lavvyers I leave to God and the World to judge And it vvere full as strange that they should pretend to make Laws vvithout King or Lords House to any that have heard speak of the Lavvs of England And admitting but not granting That the People of England's 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 Kingdom and in this way you manifestly wrong even the Poorest Ploughman if you demand not his free Consent nor can you pretend any colour for this your Pretended Commission vvithout the Consent at least of the Major Part of every Man in England of vvhatsoever Quality or Condition vvhich I am sure you never vvent about to seek so far are you from having it Thus you see that I speak not for My ovvn Right alone as I am your King but also for the true Liberty of all My Subjects vvhich consists not in the Power of Government but in Living under such Laws such a Government as may give themselves the best Assurance of their Lives and Property of their Goods Nor in this must or do I forget the Privileges of Both Houses of Parliament vvhich this Days Proceedings do not only violate but likevvise occasion the greatest Breach of their Publick Faith that I believe ever vvas heard of with which I am far from Charging the Two Houses for all Pretended Crimes laid against Me bear Date long before this Treaty at Newport
Cause of withdrawing that then the Lord President do command the Sentence to be read but that the Lord President should hear the King say what he would before the Sentence and not after And thereupon it being further moved Whether the Lord President should use any Discourse or Speeches to the King as in the case of other Prisoners to be condemned was usual before the Publishing of the Sentence received general Directions to do therein as he should see cause and to press what he should conceive most seasonable and sutable to the Occasion And it was further directed That after the Reading of the Sentence the Lord President should declare that the same was the Sentence Judgment and Resolution of the whole Court and that the Commissioners should thereupon signifie their Consent by standing up The Court forthwith Adjourned it self to Westminster-Hall 27 Jan. 1648. post Merid. Westminster-Hall The Lord President and the rest of the Commissioners come together from the Painted Chamber to Westminster-Hall according to their Adjournment and take their Seats there as formerly and three Proclamations being made for Attendance and Silence The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Barkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregr Pelham Daniel Blagrave Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. L. Grey of Groby Sir John Danvers Sir Thomas Maleveâ—eâ— Bar. John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawleâ— Anthony Stapeley John Downs Thomas Horton Thomas Hamond Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter Temple Thomas Waite The Prisoner is brought to the Bar and Proclamation is again as formerly made for Silence and the Captain of the Guard ordered to take into his Custody all such as should disturb the Court. The President stood up with an intention of address to the People and not to the Prisoner who had so often declined the Jurisdiction of the Court which the Prisoner observing moved he might be heard before Judgment given whereof he received assurance from the Court and that he should be heard after he had heard them first Whereupon the Court proceeded and remembred the great Assembly then present of what had formerly passed betwixt the Court and the Prisoner the Charge against him in the Name of the People of England exhibited to them being a Court constituted by the Supream Authority of England his refusal three several days and times to own them as a Court or to answer to the Matter of his Charge his thrice recorded Contumacy and other his Contempts and Defaults in the precedent Courts upon which the Court then declared that they might not be wanting to themselves or to the Trust reposed in them and that no mans Wilfulness ought to serve him to prevent Justice and that they had therefore thought fit to take the substance of what had passed into their serious consideration to wit the Charge and the Prisoners Contumacy and the Confession which in Law doth arise upon that Contumacy the Notoriety of the Fact charged and other the Circumstances material in the Cause and upon the whole Matter had resolved and agreed upon a Sentence then ready to be pronounced against the Prisoner But that in regard of his desire to be further heard they were ready to hear him as to any thing material which he would offer to their consideration before the Sentence given relating to the Defence of himself concerning the Matter charged and did then signifie so much to the Prisoner who made use of that leave given only to protest his respects to the Peace of the Kingdom and Liberty of the Subject and to say That the same made him at last to desire That having somewhat to say that concerned both he might before the Sentence given be heard in the Painted Chamber before the Lords and Commons saying it was fit to be heard if it were Reason which he should offer whereof they were Judges And pressing that Point much he was forthwith answered by the Court and told That that which he had moved was a declining of the Jurisdiction of the Court whereof he had Caution frequently before given him That it sounded to further delay of which he had been too much guilty That the Court being founded as often had been said upon the Authority of the Commons of England in whom rested the Supream Jurisdiction the motion tended to set up another or a co-ordinate Jurisdiction in derogation of the Power whereby the Court sate and to the manifest delay of theif Justice in which regard he was told they might forthwith proceed to Sentence yet for his further satisfaction of the entire Pleasure and Judgment of the Court upon what he had then said he was told and accordingly it was declared that the Court would withdraw half an hour The Prisoner by command being withdrawn the Court make their recess into the Room called The Court of Wards considered of the Prisoners Motion and gave the President Direction to declare their Dissent thereto and to proceed to the Sentence The Court being again set and the Prisoner returned was according to their Direction informed That he had in effect received his Answer before the Court withdrew and that their Judgment was as to his Motion the same to him before declared That the Court acted and were Judges appointed by the Highest Authority and that Judges were not to delay no more than to deny Justice That they were good words in the great old Charter of England Nulli negabimus nulli vendemus nulli differemus Justitiam vel Rectum That their Duty called upon them to avoid further Delays and to proceed to Judgment which was their unanimous Resolution Unto which the Prisoner replied and insisted upon his former Desires confessing a delay but that it was important for the Peace of the Kingdom and therefore pressed again with much earnestness to be heard before the Lords and Commons In Answer whereto he was told by the Court That they had fully before considered of his Proposal and must give him the same Answer to his renewed desires and that they were ready to proceed to Sentence if he had nothing more to say Whereunto he subjoyned He had no more to say but desired that might be Entred which he had said Hereupon after some Discourse used by the President for vindicating