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A38380 England's black tribunall set forth in the triall of K. Charles I at a High Court of Justice at Westminster-Hall : together with his last speech when he was put to death on the scaffold, January 30, 1648 [i.e. 1649] : to which is added several dying speeches and manner of the putting to death of Earl of Strafford, Arch-Bishop of Canterbury, Duke Hamilton ... 1660 (1660) Wing E2947; ESTC R31429 137,194 238

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CHARLES I. KING OF ENGLAND c. England's black Tribunall Set forth in the TRIALL OF K. CHARLES I. At a High Court of Justice at Westminster-Hall Together with his last Speech when he was put to death on the Scaffold January 30. 1648. To which is added the several dying Speeches and manner of the putting to death of Earl of Strafford Arch-Bishop of Canterbury Duke Hamilton Earl of Holland Lord Capell Earl of Darby Sir Alex. Carew Sir John Hotham Capt. Hotham Mr. Nath. Tomkins Mr. Chaloner Col. Jo. Morris Cor. Blackburn Col. Andrews Sir Hen. Hide Col. Gerrard Mr. Pet. Vowell Col. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewet The fourth Edition corrected and enlarged London Printed for J. Playford 1660. TO THE READER WHereas there has been printed of late years many severall impressions of the Relation of the Tryall of King Charles the 1 st and of the manner of the putting him to Death many of which have been very imperfect having had most of the remarkable passages left out But in this Edition some paines and care has been used to have it exact and perfect the which the Reader will find made good if he compare it to any of the former Printed copies Also an addition of the dying speeches of such of the English Nobilite Clergie and Gentry as has been executed for the cause of the late King from 1642. to 1659. of all which these following are true and exact Copies as no doubt will appear to the reader in the perusuall thereof I. P. A Table of the matters contained in this Book AN Act for the Tryall of the King Pag. 1 The first days proceedings Pag. 6 The Charge drawn up against the King Pag. 8 The second days proceedings Pag. 17 The third days proceedings Pag. 25 The fourth days proceedings K. Charles conference with his children His speech on the Scaffold His letter to his Sonne a little before his death An Elegie on the Death and sufferings of K. Charles A Table of the Speeches The E. of Straffords speech to the Court after his sentence Pag. 49 The E. of Straffords speech on the Scaffold Pag. 53 Mr. Nath. Tomkins Elegie Pag. 58 Mr. Chalenors speech at his Execution Pag. 61 Sir Alex. Carews speech on the Scaffold Pag. 65 Capt. John Hothams speech on the Scaffol Pag. 68 Sir John Hothams speech on the Scaffold Pag. 69 Arch Bishop of Canterburys speech on the Scaffold Pag. 72 Duke Hamiltons speech on the Scaffold Pag. 84 Earl of Hollands speech on the Scaffold Pag. 98 Lord Capells speech on the Scaffold Pag. 124 Col. John Moris speech at his Execution Pag. 121 Cor. M. Blackburn speech at his Execution Pag. 125 Col. Andrews speech on the Scaffold Pag. 126 Sir Hen. Hides speech on the Scaffold Pag. 134 E. of Darby's speech on the Scaffold Pag. 147 Col. Gerrards speech on the Scaffold Pag. 159 Mr. Peter Vowells speech at his Execut. Pag. 170 Col. Penruddocks speech on the Scaffold Pag. 175 Capt. Hugh Goves speech on the Scaffold Pag. 184 Sir Hen. Slingsbys speech on the Scaffold Pag. 185 Dr. John Hewets speech on the Scaffold Pag. 186 KING CHARLES HIS TRYALL Began Saturday January 20 th and ended January 27. 1648. An ACT. An Act of the Commons of England assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of CHARLES STUART King of England WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liber-of this Nation And in their place to introduce an arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel war in the Land against the Parliament and Kingdome Whereby the Countrey hath been miserably wasted the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of other mischiefs committed For all which High and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign punishment Whereas also the Parliament well hoping that the restraint and imprisonment of his person after it had pleased God to deliver him into their hands would have quieted the disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served onely to incourage him and his complices in the Continuance of their evil practises and in raising of new Commotions designs and invasions For prevention therefore of the like greater inconveniences And to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and maliciously to immagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it ordained and enacted by the Commons in Parliament assembled and it is hereby ordained and enacted by the Authority thereof That Thomas Lord Fairfax General Oliver Cromwell Lieutenant General Henry Ireton Commissary General Phillip Skippon Maior General Sir Hardress Waller Colonel Valentine Walton Col. Thomas Harrison Col. Edw. Whalley Col. Tho. Pride Col. Isaac Ewers Col. Rich. Ingoldsby Col. Rich. Dean Col. John Okey Col. Robert Overton Col. John Harrison Col. John Desborow Col. Will. Goffe Col. Rob. Duckenfield Col. Rowland Wilson Col. Henry Martin Col. William Purefoy Col. Godfrey Bosvile Col. Herbert Morley Col. John Barkstead Col. Matthew Tomlinson Col. John Lambert Col. Edmund Ludlow Col. John Hutchinson Col. Robert Titchborn Col. Owen Roe Col. Robert Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Algernoon Sidney Col. John Moore Col. Francis Lassells Col. Alexander Rigby Col. Edmund Harvey Col. John Venn Col. Anthony Stapley Col. Thomas Horton Col. Tho. Hammond Col. George Fenwick Col. George Fleetwood Col. John Temple Col. Thomas Waite Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Aldermen Sir Peter Wentworth Thomas Trenchard Jo. Blakston Gilbert Millington Esquires Sir Will. Constable Sir Arthur Hasilrigg Sir Mich. Livesey Richard Salway Hump. Salway Cor. Holland Jo. Carey Esquires Sir Will. Armin Jo. Jones Miles Corbet Francis Allen Thomas Lister Ben. Weston Peter Pelham Io. Gusden Esquires Fra. Thorpe Esq Serjeant at Law Io. Nut Tho. Challoner Io. Anlaby Richard Darley William Say John Aldred Jo. Nelthrop Esquires Sir William Roberts Henry Smith Edmund Wild Iohn Challoner Iosias Barnes Dennis Bond Humphrey Edwards Greg. Clement Io. Fray Tho. Wogan Esquires Sir Greg. Norton Io. Bradshaw Esq Serieant at Law Io. Dove Esq Iohn Fowk Thomas Scot Aldermen Will. Cawley Abraham Burrel Roger Gratwick Iohn Downes Esquires Robert Nichols Esq Serjeant at Law Vincent Potter Esq Sir Gilbert Pickering Io. Weaver Io. Lenthal Robert Reynolds Io. Lisle Nich. Love Esquires Sir
Edw. Baineton Io. Corbet Tho. Blunt Tho. Boone Aug. Garland Aug. Skinner Io. Dickeswel Simon Meyne Io. Brown Io. Lewry Esquires c. John Bradshaw Esq Serg. at Law Lord President of the Court Councellors Assistant to the Court and to draw up the Charge against the King Dr. Dorislaus Mr. Aske Mr. Steel Attorney General Mr. Cook Sollicitor General Mr. Broughton Mr. Phelps Clerks to the Court Officers of the Court Sergeant Dandy Sergeant at Arms and Mace bearer Col. Humpreys Sword-bearer Mr. King Crier of the Court Mr. Walford Mr. Radley Mr. Pain Mr. Powel Mr. Hull Messengers and Dore-keepers with tip-staves ON Saturday being the twentieth day of January 1648. The Lord Bradshaw President of the High Cout of Justice with about seventy of the Members of the said Court having Col. Fox and sixteen Gentlemen with Partizans and a Sword born by Col. Humphry and a Mace by Serj. Dandy with their and other Officers of the said Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster where the Lord President in a Crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimson Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Col. Hacker and other Gentlemen to whose care and custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court The Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STUART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STUART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdome and themselves and according to the Fundamental Power that rests in themselves They have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said M. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King offered to speak but the King having a staff in his hand held it up and laid it upon the said M. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said Cook My Lord I am commanded to charge Charles Stuart King of England in the name of Commons of England with Treason and high Misdemeanors I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said Charles Stuart being admitted King of England and therein trusted with a Limited Power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the Power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the fundamental Constitutions of this Kingdom were reserve on the peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his adherents in His and Their wicked practises to the same Ends hath Traiterously and maliciously levied War against the present Parliament and the people therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred forty and two at Beverley in the County of York And upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Notingham when and where he set up His Standard of War And upon or about the twenty third day of October in the same year at Edg-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge near Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newbery
in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the last year mentioned at Bodmin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the last year mentioned at Newbery aforesaid and upon or about the eight of June in the year of Lord One thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same moneth in the same year at Naseby-field in the County of Northampton at which several times and places or most of them and at many other places in this Land at several other times within the years afore mentioned And in the year of our Lord One thousand six hundred forty and six He the said C. Stuart hath caused and procured many thousands of the Free-people of the Nation to be slain and by Divisions parties and Insurrections within this Land by Invasions from Forraign parts endevoured and procured by Him and by many other evil wayes and means He the said Charles Stuart hath not onely maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good people of this Nation in this present year One thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea and particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by Him or His Agents Corrupted to the betraying of Their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and people as aforesaid By which cruel and unnatural Wars by Him the said Charles Stu●rt levyed continued and renewed as aforesaid much Innocent Blood of the Free-people of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstrusted and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of his said evil Designs He the said Charls Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil practises of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal Interest of Will and Power and pretended prerogative to Himself and his family against the publick Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said Unnatural Cruel and Bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by protestation saving on the behalf of the people of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the answers which the said Ch. Stuart shall make to the premises or any of them or any other Charge that shall be so Exhibited doth for the said Treasons and Crimes on the behalf of the said People of England Impeach the said Charles Stuart as a Tyrant Traytor Murtherer and a publick and Implacable Enemy to the Common-wealth of England And pray that the said Charles Stuart King of England may be put to answer All and Every the Premises That such proceeedings Examinations Trials Sentence and Judgment may be thereupon had as shall be agreeable to Justice IT is observed that the time the Charge was reading the King sate down in his Chair looking sometimes on the Court sometimes up to the Galleries and having risen again and turned about to behold the Guards and Spectators sate down looking very sternly with a countenance not at all moved till these words viz. Charles Stuart to be a Tyrant and Traytor c. were read at which he laughed as he sate in the face of the Court Charge being read the Lord President replyed President Sir you have now heard your Charge read containing such matters as appears in it you finde That in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer King I would know by what power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick faith as 't is possible to be had of any people in the world I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Theeves and Robbers by the high wayes but I would know by what Authority I was brought from thence and carried from place to place and I know not what and when I know by what lawful Authority I shall answer Remember I am your King and what sins you bring upon your heads and the Judgment of God upon this Land think well upon it I say think well upon it before you go further from one 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 President If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the people of England of which you are Elected King to
that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good against you their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were only my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedome and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdome I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my people next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctuall and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more then you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That that Reason that I have as thus informed I cannot yeild unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdome and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sense of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one precedent President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinaay Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed then Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction where Reason is not to be heard President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their finall determination King Shew me wherever the House of Commons was a Court of Judicature of that kinde President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedome of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that
ever I took defended my selfe with Arms I never took up Arms against the People but for my People and the Laws President The command of the Court must be obeyed no answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock aod from thence they intend to adjourn to Westminster Hall at which time all persons concerned are to give their attendance Resolutions of the Court at their Meeting in the Painted Chamber Lunae Jan. 22. 1648. THis day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the businesse of that day as agreeing to their sense And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supreme Authority of the Commons of England in their Representative the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction or that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supreme Court which made them Judges from which there was no appeal and did therefore order and direct viz. Ordered that in case the King shall again offer to dispute the Authority of the Court the Lord President do let him know that the Court have taken into consideration his demands of the last day and that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have constituted this Court whose Power may not nor should be permitted to be disputed by him That in case the King shall refuse to answer or acknowledge the Court the Lord President do let him know that the Court will take it as a contumacy and that it shall be so Recorded That in case he shall offer ot answer with a saving notwithstanding of his pretended Prerogative above the jurisdiction of the Court That the Lord President do in the name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring his intention a Copy be granted unto him That in case the King shall still persist in his contempt the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following viz. Charles Stuart King of England you are accused in the behalf of the People of England of divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confesse or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O Yes made Silence commanded The Court called Seventy three persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the people of England that he might speedily be required to make an Answer to the Charge But my Lord in stead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it but my Lord he was then pleased for to demur to the jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of justice I shall now humbly move your Lordship for speedy judgement against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryall That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact The House of Commons the Supreme Authority and jurisdiction of the Kingdome they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clear as Chrystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf severall witnesses to produce And therefore I do humbly pray and yet I must confesse it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgement and therefore I do humbly pray that speedy Judgement be pronounced against the prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget what delatory dealings the Court hath found at your hands
you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delayes of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of justice take advantage of these delayes and proceed to pronounce judgement against you yet neverthelesse they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Iustice knows no respect of persons you are to give your positive and finall Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you and your Work was that you ought to acknowledge the jurisdiction of the Court And to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the People of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Iustice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my People The same Obligation you spake of I do acknowledge to God that I owe to Him and to my People to defend as much as in me lies the ancient Laws of the Kingdome therefore untill that I may know that this is not against the Fundamental Lawes of the Kingdome by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdome that was the known the two Houses of Parliament that was the Representative of the Kingdome and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President interrupted him and said Sir you must know the pleasure of the Court King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have hot acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and finall Answer by way of confession or denial of the Charge King Sir I say again to you so that I might give satisfaction to the People of England of the clearnesse of my proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdome Sir you must excuse me President Sir this is the third time that you have publikely disowned the Court and put an affront upon it how far you have preserv'd Priviledges of the People your Actions have spoke it but truly Sir mens intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerk Record the default and Gentlemen you that took charge of the Prisoner take him back again King I will onely say this one word to you if it were only My own particular I would not say any more nor interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to finde that you are before a Court of Iustice Then the King went forth with his Guard and Proclamation was made That all persons who had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster Hall by ten of the clock the next morning Cryer God blesse the Kingdome of England Wednesday January 24. 1648. THis day it was expected the High Court of Justice would have met in Westminster Hall about ten of the clock but at the time appointed one of the Ushers by direction of the Court then sitting in the Painted Chamber gave notice to the people there assembled That in regard the Court was then upon the examination of Witnesses in relation to present affairs in the Painted Chamber they could not sit there but all persons appointed to be there were to appear upon further Summons His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to have delivered in writing on Monday Jan. 22. 1648. but was not permitted HAving already made My protestations not only against the illegality of this pretended Court but also that no Earthly power
only one word before you give sentence and that is That you would hear me concerning those great imputations that you have laid to my charge President Sir you must give me leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear me a few words to you for truly what ever Sentence you will put upon me in respect of those heavy imputations see by your speech you have put upon me that I Sir it is very true that President Sir I must put you in mind Truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon us as a sort of people met together and we know what Language we receive from your party King I know nothing of that Pres You dis-avow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted and the truth is all along from the first time you were pleased to dis-avow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we hav● given you too much liberty already admitted of too much delay and we may not admit of any further were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great heinous charges that in whole or in part are laid upon you But Sir I shal trouble you no longer your sins are so large a dimension that if you do but seriously think of them they will drive you to a sad consideration they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at leastwise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes we are not here Jui dare but Jus dicere We cannot be unmindful of what the Scripture tels us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty what Sentence the Law affirms to a Traytor Tyrant a Murtherer and a publique Enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court The Lord President commands the Sentence to be read Make an O Yes and command silence while the Sentence is read O Yes made silence commanded The Clerk read the Sentence which was drawn up in parchment Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Triing of Charles Stuart King of England before whom he had been three times convented and at first time a charge of high Treason and other crimes and misdemeanors was read in the behalf of the Kingdom of England c. Here the Clerk read the Charge Which Charge being read unto him as aforesaid He the said Charles Stuart was required to give his Answer but he refused so to do and so exprest the several passages at his Tryal in refusing to answer For all which Treasons and Crimes this Court doth adjudge That the said Charles Stewart as a Tyrant Traytor Murtherer and a publique Enemy shall be put to Death by the severing his Head from his Body After the Sentence read the Lord President said This Sentence now read and published it is this Act Sentence Judgement and resolution of the whole Court Here the Court stood up and assenting to what the President said King Will you hear me a word sir President Sir you are not to be heard after the Sentence King No sir President No Sir by your favour Sir Guard withdraw your Prisoner King I may speak after the sentence By your favour Sir I may speak after the sentence ever By your favour hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes All manner of persons that have any thing else to doe are to depart at this time and to give their attendance in the Painted Chamber to which place this Court doth forthwith adjourn it self Then the Court rose and the King went with his Guard to Sir Robert Cottons and from thence to White-Hall The Names of those persons that were present at the Sentencing of the King to death Bradshaw O. Cromwell H. Ireton Sir Hardres Waller H. Wanton Tho. Harrison Edw. Whalley Tho. Pride Isaac Ewer Lord Grey of Grooby Will. Lord Mounson Sir Jo. Danvers Sir Tho. Maleverer Sir Jo. Bourchir Isaac Penington Hen. Martin Will. Puresoy Jo. ●arkstead Jo. Blakeston Gilbert Millington Sir William Constable Edward Ludlow Jo. Hutchinson Sir Mich. Livesey Robert Titchborne Owen Roe Robert Lilburn Adrian Scroop Rich. Dean Jo. Okey Jo. Harrison Jo. Hughson Wil. Goffe Cor. Holland Jo. Carew W. Heveningham Miles Corbet Jo. Jones Tho. Lister Pet. Pelham Tho. Wogan Fran. Allen Tho. Challoner Jo. Moore W. Say Jo. Aldred Fran. Lassels Hen. Smith Ja. Challouer Humph. Edwards Greg. Clement Jo. Fry Sir Greg. Norton Ed. Harvey Io. Venn Tho. Scot Tho. Andrewes Alderman of London W. Cawley Anth. Stapley Jo. Downes Tho. Horton Tho. Hamond Jo. Lisle Nich. Love Vincent Potter Augustine Garland Io. Dixwell Symon Meyne Ia. Temple Peter Temple Dan. Blagrave Jo. Brown Tho. Walte Ordered that Sir Hardress Waller Coll. Harrison Com. General Ireton Coll. Dean and Coll Okey are appointed a Committee to consider of the time and place for the Execution of the King according to his sentence given by the high Court of Justice Painted Chamber Lunae Jan. 29. 1648. UPon Report made from the Committee for considering of the time and place of the executing of the judgement against the King That the said Committee have resolved that the open street before White-hall is a sit place And that the said Committee conceive it fit that the King be there executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn for that purpose which Warrant was accordingly drawn and agreed unto and ordered to be ingrossed which was done and Signed and Sealed accordingly as followeth The Warrant for beheading the King At the high Court of Justice for the Trying and Judging of Charles Stuart King of England Jan. 29. 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of high Treason and other high Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to death by the
in our ill-willers ●●u would avoid that spirit Censure us not for having parted with too much of Our own right the price was great the commodity was security to Us Peace to Our People And We are confident another Parliament would remember how useful a Kings power is to a Peoples liberty Of how much we have divested Our self that We they might meet again in a due Parliamentary way to agree the bounds for Prince and People And in this give belief to Our experience never to affect more Greatness or Prerogative than what is really and intrinsecally for the good of your Subjects not satisfaction of Favorites And if you thus use it you will never want means to be a Father to all and a bountiful Prince to any you would ba extraordinarily gracious unto You may perceive all men trust their treasure where it returns them interest And if Princes like the Sea receive and repay all the fresh streams and rivets trust them with they will nor grudge but pride themselves to make them up an Ocean These considerations may make you a great Prince as your Father is now a low one and your state maybe so much the more established as mine hath been shaken For Subjects have learnt We dare say that Victories over their Princes are but Triumphs over themselves and so will be more unwilling to hearken to changes hereafter The English Nation are a sober People however at present under some infatuation We know not but this may be the last time We may speak to you or the world publickly We are sensible into what hand We are faln and yet We bless God We have those inward tefreshments that the malice of Our Enemies cannot perturb We have learnt to own Our self by tetiting into Our self and therefore can the better digest what befals Us not doubting but God can restrain Our Enemies malice and turn their fierceness into his praise To conclude if God give you success use it humbly and far from revenge It he restore you to your Right upon hard conditions what ever you promise keep Those men which have forced Lawes which they were bound to observe will find their triumphs full of troubles Do not think any thing in this World worth obtaining by foul and unjust means You are the Son of Our love and as We direct you to what we have recommended to you so we assure you We do not more affectionatlely pray for you to whom We are a natural Parent then We doe that the ancient glory and renown of this Nation be not buried in irreligion and fanatick humour And that all our Subjects to whom we are a Politick Parent may have such sober thoughts as to seek their Peace in the Orthodox Profession of the Christian Religion as it was established since the Reformation in this Kingdome and not in new Revelations And that the ancient Lawes with the Interpretation according to the known practises may once again be an hedge about them that you may in due time govern and they be governed as in the fear of the Lord. C.R. THe Commissioners are gone the Corn is now in the Ground We expect the Harvest if the Fruit be Peace We hope the God of Peace will in time reduce all to Truth and Order again Which that he may do is the prayer of C. R. AN ELEGIE On the Sufferings and Death OF K. Charles I. COme come let 's Mourn all Eyes that see this Day Melt into Showrs and Weep your selves away O that each Private head could yield a Flood Of Tears whil'st Britain's Head stream's out His Blood Could we pay what His Sacred Drops might claim The World must needs be drowned once again Hands cannot write for trembling let our Eye Supply the Quill and shed an Elegy Tongues cannot speak this Grief know's no such vent Nothing but Silence can be Eloquent Words are not here significant in This Our Sighs our Groans bear all the Emphasis Dread Sir What shall we say Hyperbole Is not a Figure when it speaks of Thee Thy Book is our best Language what to this Shall e're be added is thy Meiosis Thy Name 's a Text too hard for us no men Can write of it without Thy Parts and Pen. Thy Prisons Scorns Reproach and Poverty Though these were thought too courteous Injury How could'st Thow bear Thou Meeker Moses how Was ever Lion bit with Whelps till now And did not roar Thou England's David how Did Shimei's Tongue not move Thee Where 's the Man Where is the King Charles is all Christian Thou never wanted'st Subjects no when they Rebell'd thou mad'st thy Passions to obey Had'st Thou regain'd thy Throne of State by Power Thou had'st not then been more a Conqueror But Thou thine own Soul's Monarch art above Revenge and Anger Can'st Thou tame thy Love How could'st Thou bear Thy Queen's Divorce must She At once Thy Wife and yet Thy Widow be Where are Thy tender Babes once Princely bred Thy choycest Jewels are they Sequestred Where are thy Nobles Lo in stead of these Base savage Villains and Thine Enemies Egyptian Plague 't was onely Pharaoh's doom To see such Vermin in His Lodging-room What Guards are set what Watches do they keep They do not think Thee safe though lock't in Sleep Would they confine Thy Dreams within to dwell Nor let Thy Fancy pass their Centinel Are Thy Devotions dangerous Or do Thy Prayers want a Guard These faulty too Varlets 't was onely when they spake for You. But lo a Charge is drawn a Day is set The silent Lamb is brought the Wolves are met Law is arraign'd of Treason Peace of War And Justice stand's a Prisoner at the Bar. This Scene was like the Passion-Tragedie His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What bands of Souldiers What false witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This make's them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch could'st not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the slaughter-House White-hall must be Lately His Palace now His Calvarie Great Charles is this Thy Dying-place And where Thou wer 't our King art thou our Martyr there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou did'st cease to Be. And thus blest Soul He 's gon a Star whose fall As no Eclipse prove's Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her King No wonder that so backward was Her Spring O dismal Day but yet how quickly gon It must be short Our Sun went down at Noon And now ye Senators is this the Thing So oft declar'd Is
this your Clorious King Did you by Oaths your God and Countrie mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount Charles higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyaltie Alas two Deaths what cruelty was this The Ax design'd you might have spar'd the Kiss London did'st thou Thy Princes Life betray What could thy Sables vent no other way Or else did'st thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arme a Treasurie To bind thy King and hast thou none to free Dull blast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envie Charles His Crown Jove being fal'n the Punie-gods must down Your Raies of Honor are eclip'st in Night The Sun is set from whence You drew your Light Religion Vail's her self and Mourns that She Is forc'd to own such horrid Villanie The Church and State do shake the Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears Charles is of light bereav'n And snuft on Earth to shine more bright in Heav'n FINIS Englands Black Tribunall THE SECOND PART Set forth in the DYEING SPEECHES And manner of Putting to Death of viz. Earl of Strafford Archbishop of Canterbury Duke of Hamilton Earl of Holland Lord Capell Earl of Derby Sir Alex. Carew Sir John Hotham Capt. John Hotham Mr. Nath. Tompkins Mr. Chaloner Coll. Jo. Moris Cor. Blackburn Coll. Andrews Sir Henry Hide Coll. Gerrard Mr. Peter Vowell Coll. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewit London Printed 1660. The Earl of Straffords Speech or the conclusion of his Defence before the Lord High Steward and the rest of the Lords sitting in Westminster Hall April 12. 1641. Together with his Speech on the Scaffold immediately before his Execution on Tower-Hill May 12. 1641. MY Lords There yet remains another Treason that I should be guilty of the endeavouring to subvert the fundamental Lawes of the Land that they should now be Treason together that is not Treason in any one part of Treason accumulative that so when all will not do it is woven up with others it should seem very strange Under favour my Lords I do not conceive that there is either Statute Law nor Common-Law that doth declare the endeavouring to subvert the fundamentall Laws to be high treason For neither Statute Law nor Common-Law written that ever I could hear of declareth it so And yet I have been diligent to enquire as I believe you think it doth not concern me to do It is hard to be questioned for life and honour upon a Law that cannot be shown There is a rule which I have learned from Sir Edward Cooke De non apparentibus non existentibus eadem ratio Jesu where hath this fire lain all this while so many hundreds of years without any smoak to discover it till it thus burst out to consume me and my children extreme hard in my opinion that punishment should precede promulgation of Law punished by a Law subsequent to the Acts done Take it into your considerations for certainly it is now better to be under no Law at all but the will of men then to conform our selves under the protection of a Law as we think and then be punished for a crime that doth precede the Law what man can be safe if that be once admitted My Lords it is hard in another respect that there should be no token set upon this offence by which we should know it no admonition by which we should be aware of it If a man passe down the Thames in a Boat and it be split upon an Anchor and no booy be set as a token that there is an Anchor there that party that owes the Anchor by the Maritine Lawes shall give satisfaction for the dammage done but if it were marked out I must come upon my own peril Now where is a mark upon this crime Where is the token this is high treason If it be under water and not above water no humane providence can availe nor prevent my destruction Lay aside all humane wisdom and let us rest upon divine Revelation if you will condemn before you forewarn the danger Oh my Lords may your Lordships be pleased to give that regard unto the Peerage of England as never to suffer our selves to be put on those nice points upon such contractive interpretations and these are where Laws are not clear or known If there must be a tryal of wits I do humbly beseech you the subject and matter may be somewhat else then the lives and honours of Peers My Lords we find that the primitive times in the progression of the plain Doctrine of the Apostles they brought the Books of Curious Arts and burned them And so likewise as I do conceive it will be wisdom and providence in your Lordships for your posterity and the whole Kingdom to cast from you into the fire these bloody and most mysterious Volumes of constructive and Arbitrary Treason and to break your selves to the plain Letters of the Law and Statute that telleth us where the crime is and by telling what is and what is not shews us how to avoid it And let us not be ambitious to be more wise and learned in the killing Arts then our forefathers were It is now full two hundred and forty years since ever any man was touched for this alledged crime to this height before my self we have lived happily to our selves at home and we have lived gloriously to the world abroad Let us rest contented with that our fathers left us and not awaken those sleepy Lions to our own destructions by raking up a few musty Records that have lyen so many ages by the walls quite forgotten and neglected May your Lordships be Nobly pleased to adde this to those other mis-fortunes befallen me for my sins not for my Treasons that a president should be derived from me of that disadvantage as this will be in the consequent to the whole Kingdom I beseech you seriously to consider it and let not my particular cause be looked upon as you do though you wound me in my interest in the Common-wealth and therefore those Gentlemen say that they speak for the Common-wealth yet in this particular I indeed speak for it and the inconveniencies and mischiefes that will heavily fall upon us for as it is in the first of Henry the fourth no man will after know what to do or say for fear Do not put my Lords so great difficulties upon the Ministers of State that men of wisdome honour and vertue may not with cheerfulnesse and safety be imployed for the publick if you weigh and measure them by grains and scruples the publick affaires of the Kingdome will be laid wast and no man will meddle with them that hath honours issues or
over his Lordship called for the Heads-man and asked to see the Axe and taking it in his hand said Friend I will not hurt it and I am sure it cannot hurt me and then kissing it said Me thinks this is as a Wedding Ring which is as a signe I am to leave all the World and eternally to be married to my Saviour Then putting his hand in his pocket said to the Heads-man here friend take these two pieces all that I have thou must be my Priest I pray thee do thy work well and effectually then handling the rough furr'd coat the Heads-man had on This saies he will be troublesome to thee I pray thee put it off and do it as willingly as I put off this garment of my flesh that is now so heavy for my soul then some of the standers by bid the Heads-man kneel and ask his Lordship pardon but he did not but was surly and crabbed but his Lordship said Friend I give thee the pardon thou wilt not aske and God forgive thee also Then turning up his eyes to heaven said aloud How long Lord how long then gently passing over the Scaffold and seeing one of his Chaplains on horseback among the people Good Sir said he pray for me and the Lord return your prayers into your own bosom and I pray remember me kindly to your brother and God remember him for his love to me and mine Then turning towards his Coffin Thou art said he my bridall Chamber in thee I shall rest without a guard and sleep without Souldiers Then looking towards the block he asked if all were ready That saies he methinks is very low and yet there is but one step betwixt that and heaven then turning his eyes to the people he saluted them and desired again their prayers then said I see your tears and hear your sighs and groans and prayers the God of Heaven hear and grant your supplications for me and mine for you and the Mediation of Christ Jesus for us all Here his Lordship caused the block to be turned that he might look upon the Church saying Whilst I am here I will look towards thy holy Sanctuary and I know that within a few minutes I shall behold thee my God and King in thy Sanctuary above under the shadow of thy wings shall be my rest till this calamity be over-past then he pulled off his blew garter and sent it to his Son and pulling off his doublet with a very religious chearfulness he said I come Lord Jesus and O come thou quickly that I may be with thee for ever upon this he said Pray tell me how must I lye I have been called a bloudy man yet truly I never yet had that severe curiosity to see any man put to death in peace then laying himself down on the block after a few minutes he rose again and caused the block to be a little removed then said to the Heads-man Friend remember what I said to thee and be no more afraid to strike then I to dye and when I put up my hand do thy work so looking round about upon his friends and the people he said The Lord blesse you all and once more pray for me and with me at which words he kneeled down and prayed privately within himself with great sighings about half a quarter of an hour concluding with the Lords prayer then rising up again he said smilingly My soul is now at rest and so shall my body be immediately The Lord bless my King and restore him to his rights in this Kingdom and the Lord bless this Kingdom and restore them to their rights in their King that he and they may joyn hand in hand to settle truth and peace and the Lord bless this County and this Town and this People The Lord comfort my sad wife and children and reward all my friends with peace and happiness both here and hereafter and the Lord forgive them who were the cause and authors of this my sad end and unjust death for so it is as to mankind though before God I deserve much worse but I hope my sins are all bathed in the bloud of Jesus Christ So laying his neck upon the block and his armes stretcht out he said these words Blessed be Gods glorius name for ever and ever Let the whole earth be filled with his glory Amen Amen At which words he gave the Heads-man the signe but he either not observing it or not being ready stayed too long so that his Lordship rose up again saying Why doe you keep me from my Saviour what have I done that I die not and that I may live with him Once more I will lay down my self in peace and so take my everlasting rest Then saying Come Lord Jesus come quickly he stretched out his armes and gave the signe repeating the same words Blessed be Gods glorious name for ever and ever Let the whole earth be filled with his glory Amen Amen Then lifting up his hand the Executioner did his work at one blow all the people weeping and crying and giving all expressions of grief and lamentation When the corps was carried off the Scaffold they carried them to a house in the Town where was thrown into his coffin in a peice of paper these two lines Upon JAMES Earl of DERBY Bounty Wit Courage all here in one lie dead A Stanleys hand Veres heart and Cecil's head The sentence of the Council of Warre Resolved by the Court upon the Question That James Earl of Derby is guilty of the breach of the Act of the 12. of August 1651. last past entituled An Act prohibiting correspondence with Charles Stuart or his Party and so of high Treason against the Common-wealth of England and is therefore worthy of death Resolved by the Court That the said James Earl of Derby is a Traitor to the Common-wealth of England and an abettor encourager and assister of the declared Traitors and enemies thereof and shall be put to death by severing his head from his body at the market-place in the Town of Bolton in Lancashire upon wednesday the 15. day of this instant October about the hour of one of the clock the same day A True and Impartial Relation of the Death of Mr. John Gerhard who was beheaded on Tower-hill July 10. 1654. IT was thought needless by the friends of Mr. Gerhard to declare any thing concerning his sufferings to the world more then in their sighs had not the sacrilegious malice of the last weekly-pamphlet thrown some stains upon his name and so incensed them to a vindication as pious as his death was 'T is most certain that there can no blots stick upon true honour which such weak fellowes endeavour against it These are cursed beasts but their horns are short sepulchral dogs that scrape up graves and violate the dead and are fierce and ravenous but yet dogs still And all worthy people will call their rayling praise and what they intend a barking