The Full Proceedings OF THE High Court of Iustice against King CHARLES In Westminster Hall on Saturday the 20. of January 1648. Together With the Kings Reasons and Speeches and his Deportment on the Scaffold before his Execution Translated out of the Latine by J. C. Hereunto is added A Parallel of the late Wars being a Relation of the five years Civill Wars of King Henry the 3d. with the Event of that unnatural War and by what means the Kingdome was settled again London Printed for William Shears at the Bible in St. Pauls Church-yard 1654. The First Dayes Proceeding of the High Court of Justice c. THe Triall and the Execution of the last King of England being still as much the wonder as the discourse of Christendome I shall indeavour to represent it to you with the exactest faithfulness that can possibly be desired and although others have gone before me on the same subject by the benefit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunal of Justice sitting at Whitehall in Westminster Serjeant Bradshaw being President and about seventy other persons elected to be his Judges being present the Cryer of the Court having Proclaimed his Oyes to invite the people to attention silence was commanded and the Ordinance of the Commons in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof arising as they were called The King came into the Court his head covered Serjeant Dendy being remarkable by the Authority of his Mace did Usher him in Colonel Hatcher and about thirty Officers and Gentlemen did attend him as his Guard The Court being sat the Lord President Bradshaw spake thus unto him Charls Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happened to this Nation and of the innocent bloud spilt of which you are accused to be the Author have both according to their office which they ow unto God this Nation and themselves according to the power and fundamentall faith intrusted with them by the people Constituted this supream Court of Justice before which you are now brought to hear your Charge on which this Court will proceed Mr. Cook the Sollicitor Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charls Stuart here present as guilty of Treason and other great defaults and in the name of the Commons of England I require that his charge may be read unto him The King Stay a little L. President Sir The Court hath given order that the Charge shall be read If you have any thing afterwards to plead for your self you may be heard Hereupon the Charge was read THat the said Charls Stuart being admitted King of England and therein trusted with a limitted Power to govern by and according to the laws of the Land 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 neverthelesse out of a wicked Designe to erect and uphold in himself an unlimitted 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 therof and of all redress and remedy of misgovernment which by the fundamental constitutions of this kingdome were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charls Stuart for accomplishment of such his designes and for the protecting of himself and his adherents in his and their wicked practises to the same ends hath traiterously and maliciously leavied 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 fourty and two at Beverly in the County of York and upon or about the 30th day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the town of Nottingham when and where he set up his Standard of war And also on or about the twenty third day of October in the same year at Edg-hill and Keinton-field in the Coun-of Warwick and upon or about the thirtieth day of November in the same year at Brainchford in the County of Middlesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred fourty and three at Cavesham-bridge neer Reding in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Glocester 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 one and thirtieth day of July in the year of our Lord One thousand six hundred fourty four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbery aforesaid And upon or about the eighth day of June in the year of our Lord One thousand six hundred fourty and five at the Town of Leicester And also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which severall times and places or most of them and at many other places in the land at severall other times within the years aforementioned And in the year of our Lord One thousand six hundred fourty and six he the said Charls 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 evill wayes and means He the said Charls Stuart hath not onely maintained and carried on the said War both by land and sea during the year 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 fourty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other Counties places in England Wales and also by sea and particularly he the said Charls 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 and 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 Charls Stuart leavied 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 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 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 Charls Stuart All which wicked designes wars and evill practises of him the said Charls Stuart have been and are carried on for the advancing and upholding of the personall Interest of Will and Power and pretended Prerogative to himself and family against the publique interest Common Right Liberty Justice and peace of the people of the nation by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charls Stuart hath been is the occasioner author and contriver of the said unnatural cruel and bloody wars and therein guilty of all the treasons murthers rapines burnings spiols desolations dammage 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 him the said Charls Stuart and also of replying to the Answers which the said Charls 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 Charls Stuart as a tyrant traitor murtherer a publike and implacable enemy to the common-wealth of England And pray That the said Charls Stuart King of England may be put to answer all and every the premises that such proceedings examinations tryals sentence and judgment may be thereupon had or shall be agreeable to justice The King was oftentimes observed to smile in indignation during the reading of the Charge especially at the words Tyrant Traitor Murderer and publick enemy to the Common-wealth L. President Sir you have now heard the Charge read containing such matters as do appear therein you have observed that in the Conclusion thereof It is required of the Court in the Name of the Commons of England that you answer to your charge which the Court doth expect The King I would be satisfied by what power I am called hither It is not long since that I was in the Isle of Wight How I came thither the story is longer than I I conceive fitting in this place to declare But I there entred upon a Treaty with both Houses of Parliament with as much publick faith as it is possible to be obtained from any people in the World I there treated with a number of Honourable Lords and Gentlemen and I treated honestly and faithfully with them I cannot say but they dealt very ingeniously with me and we proceeded so farr that the Treaty was even concluded Now I would understand by what Authority I mean lawfull I am brought hither There are many unlawfull Authorities in the world as Thieves and Plunderers in the high-wayes I would know by what Authority I was taken from thence and carried from place to place I know not where When I have understood the lawfulness of the Authority I will make my Answer In the mean time remember that I am your King your lawfull King and weigh well with your selves what sins you heap on your own heads and the anger and judgments of God which you will bring upon this land I say seriously weigh it before you further do proceed from one sin to a greater Therefore declare unto me by what lawfull Authority I sit here and I will not refuse to Answer you In the mean time I will not betray my trust I have a trust committed to me by God by an ancient and lawfull succession I will not betray that by answering to a new and an unlawfull Authority wherefore satisfie me in this and you shall hear further from me L. President If you had but pleased to observe what the Court did suggest unto you when you first came hither you had understood by what Authority you were brought hither which Authority doth require of you in the Name of the People of England by whom you are elected King that you make answer to them King No Sir I deny that L. President If you do not acknowledge the Authority of the Court they ought to proceed against you King I tell them that England was never an Elective Kingdome but hereditary for almost these two thousand years Therefore declare unto me by what Authority I am brought hither I labour more for the liberty of my people then any of you who pretend to be my Judges and therefore I say declare unto me by what lawfull Authority I am placed here and I will answer you otherwise I shall make no answer at all L. President Sir how well you have administred the power committed to you is sufficiently known The method of your Answering is to put Interrogatories to the Court which doth not become you in this Condition Twice or thrice it hath been represented to you King There is present here a Gentleman Lievtenant Colonel Cobbet demand of him if he did not bring me from the Isle of Wight by force I come not hither to submit my self to this Court I will do as much for the Priviledges of the House of Commons rightly understood as any other I see not here the House of Lords which is able to constitute a Parliament and the King ought to be the Super-intendent there Is this to bring the King to his Parliament Is this to bring the publick Treaty to an end by the publick Faith of the world Either show me your Authority established by the Scriptures which are the word of God or confirmed by the constitutions of the Kingdome and I will answer you L. President Sir you have propounded a question and an answer hath been rendred but if you will not answer to what they to propound the Court will take it into their consideration how to proceed against you In the mean time they who brought you hither shall return you back again The Court desireth to be satisfied whether this be all the Answer that you will give them or not King I desire that you would resolve me and all
man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceedings of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appear a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunal of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law reason although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England then you are and if I should believe any man without he gives me Reasons for what he saith It would be absurd but I say unto you that the Reason which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you speak of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you to dispute against our Authority This again hath been told you by the Court Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Processe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir It is not lawfull for you or any man else to dispute against this Subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunal If you shall yet do it I must intimate unto you that they are above objections They sit here by Authority of the Commons of England and all your Predecessors and you your self are bound to be accountable to them King I deny that shew me one example L. President Sir you ought not to interrupt but attend whilest the Court speaks unto you This Subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of Judicature and I would fain know how they came to be made so now President Sir It is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charls Stuart King of England you have been accused in the Name of the People of England of High Treason and other grievous Crimes The Court hath determined that you shall answer to your Charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speak Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir It is not for prisonners to demand King Prisonners Sir I am no ordinary prisonner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supream Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir We shew it you here the Commons of England the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisonner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his Subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the Laws and the Liberties of the people let England and all the world judge King Sir By your leave I have alwayes loved the Liberty the Immunities and Laws of the subjects If I have defended my self by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what houre they intended to adjourn again to Westminster-hall where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Generall turning to the Lord President spake in these words May it please your Lordship 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 and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do and had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannicall Government and set up his Standard of Warre against his Parliament and his 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 his charge But my Lord instead of making an answer he did then dispute the Authority of this Tribunal and your Lordship being pleased to give him a further day to put in his answer which was yesterday I did move again that he might be required to put in a direct and positive answer to his charge either by
denying or confessing it but he was then pleased to debate the Jurisdiction of the Court although he was commanded to give a positive answer My Lord by reason of this great delay of Justice I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land that if a prisoner shall stand in contempt not plead guilty or not guilty to the charge given against him it by an implicite confession ought to be taken pro confesso as I may instance in divers who have deserved more favor than the prisoner at the Bar hath done But I shall presse upon the whole fact The House of Commons the Supream Authority of the Kingdome have declared my Lord that it is notorious The matter of the charge is true and clear as chrystall or as the Sun that shineth at Noon day in which my Lord President if your Lordship and the Court be not satisfied I have severall witnesses on the behalf of the people of England to produce and therefore I do humbly pray and not so much I as the innocent blood that hath been shed the cry whereof is great for Justice and Judgement that speedy judgement may be pronounced against the prisoner at the Bar. President Sir you have heard what hath been moved by Mr. Sollicitor on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget the delayes which you have made You have been pleased to propound some Questions and amply you have had your resolution on them you have been often told that the Court did affirm their own Jurisdiction and that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did deport your self in that manner that you gave no obedience nor did acknowledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice Sir the Court gives you to understand that they are very sensible of these demurres and that being thus authorised by the High Court of England they ought not to be trifled withall especially seeing if they please they may take advantage of these delayes and according to the rules of Justice proceed and pronounce Judgement against you Neverthelesse they are so favourable as to give directions to me and therefore on their behalf I do require you to make a positive answer to this charge that hath been read against you Justice knows no respect of persons You are to give your positive and final Answer in plain English whether guilty or not guilty of the Treason laid to your charge The King having meditated a little did answer in these words When I was here yesterday I desired to speak for the Liberties of the people of England I desire yet to know whether without interruption I may speak freely or not President Sir on the like Question you had yesterday the resolution of this Court you were told that having a charge of so high a nature against you your work was to acknowledge the Jurisdiction of the Court to answer the charge after you have done that you shall be heard at large to make the defence you can for your self but Sir the Court commands me to make known unto you that you are not permitted to run into any other discourses untill such time that you have returned a positive Answer to the matter that is charged upon you King I value not the charge a rush It is the Liberty of the people of England that I stand for For me who am your King and should be an example to all the Courts in England to uphold Justice and maintain the old Laws for me I say to acknowledge a new Court that I never heard of before is a thing that I know not how to do You did speak very well on the first day I came hither concerning the obligations that I have laid upon me by God for the maintenance of the Liberties of my people I do acknowledge that I do ow the same obligations to God and my people to defend as much as in me lies the ancient Laws of the Kingdom therefore untill I be satisfied that this is not against the fundamentall Laws of the Kingdome I can put in no particulars to the Charge If you will give me time I will shew you my Reasons wherefore I cannot do it and Here being interrupted he said By your favour you ought not to interrupt me How I came here I do not know There is no Law to make your King your prisoner I was in a Treaty upon the publick faith of the Kingdome that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty I was hurried away and brought hither and therefore I would President Sir you must know the pleasure of the Court King By you favour Sir President Nay Sir by your favour you may not be permitted to run into these discourses you appear here as a Delinquent you have not acknowledged the Authority of the Court the Court once more doâ—h command you to give your positive Answer M. Broughton Do your Duty King Duty Sir M. Broughton reads Charls 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 either by way of confession or by deniall of the Charge King Sir I say again unto you If therby I may give satisfaction to the people of England of the uprightness of my proceedings not by way of answer 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 Fundamentall Laws of the Kingdome you must excuse me if I shall refuse to do it President Sir This is the third time that you have publiquely disowned this Court and put an affront upon it How far you have preserved the priviledges of the People your actions have spoke And truly Sir If mens intentions can be known by their actions you have written your intentions in bloody Characters throughout the whole Kingdome But Sir you are to understand the pleasure of the Court Clerk Record the Default And Gentlemen you that are a guard to the Prisoner take him back again King I will onely adde this one word If it were onely my own particular I would not say any more nor interrupt you at all President Sir you have heard the pleasure of the Court and notwithstanding you will not understand it you are to finde that you are before a Court of Justice The King going forth Proclamation was made that all
those men to effect all their bloody designes in hand against us Sir we will say and we will declare it as those Children in the fiery furnace who refused to worship the Golden Image that Nebuchadonazar had set up That their God was able to deliver them from the danger they were neer unto but if he did not deliver them yet they would not fall down and worship the golden Image We shall make this application of it That though we should not be delivered from those bloody hands and hearts who conspire the overthrow of the Kingdome in generall and of our selves in particular for being actors in this great work of Justice though I say we should perish in the work yet by the grace in the strength of God we are resolved to go on with it And those are the intire resolutions of us all Sir I say for your self that we do heartily wish and desire that God would be pleased to give you a sense of your sins that you may see wherin you have done amisse and that you may cry unto him that God would deliver you from blood guiltinesse A good King David by Name was once guilty of that particular guilt he was otherwise upright saving in the matter of Vriah Truly Sir the History doth represent unto us that he was a repentant King and and he had died for his sinne but that God was pleased to be indulgent to him and to grant him his pardon Thou shalt not die saith the Prophet but the childe shall dye Thou hast given cause to the Enemies of God to blaspheme King I would onely desire to be heard but one word before you give sentence and it is that to satisfie the world when I am dead you would but hear me concerning those great Imputations which you have laid unto my charge President Sir you must now give me leave to proceed for I am not far from your Sentence and your time is now past King I shall desire you that you will take these few words into your consideration For whatsoever sentence you shall pronounce against me in respect of those heavy imputation which I finde you have laid to my charge yet Sir It is most true that President Sir I must put you in mind I must Sir although at this time especially I would not willingly interrupt you in any thing you have to say which is proper for us to admit but Sir you have not owned us as a Court and you look upon us as a sort of people huddled together and we know not what uncivill language we receive from your party King I know nothing of that President You disavow us as a Court and therefore for you to addresse yourself to us whom you do not acknowledge to be a Court for us I say to judge what you shall speak is not to be permitted and the truth is all along from the very first you have been pleased to disavow and disown us The Court needed not to have heard you one word for unlesse they be acknowledged a Court and ingaged it is not proper for you to speak Sir We have given you too large an indulgence of time already and admitted so much delay that we may not admit of any more If it were proper for us we should heare you very freely not decline to hear the most that you could speak to the greatest advantage for your self whether it were totally or but in part excusing those great hainous charges which are laid upon you But I shall trouble you no longer your sins are of so large a dimention that if you do but seriously think of them they will drive you into a sad consideration and we wish that they may improve in you a sad and serious repentance And it is the desire of the Court that you may be so penitent for what you have done a misse that God may at least have mercy on your better part As for the other it is our part and duties to doe that which the law prescribeth we are not now here jus dare but jus dicere we cannot be unmâ—ndfull of what the word of God tels us To acquit the guilty is of an equal abomination as to condemn the Innocent we may not acquit the guilty what sentence the law pronounceth to a traytor a tyrant a murtherer and a publike enemy to the Country that sentence you are now to hear read unto you and that is the Sentence of the Court Hereupon the Lord President commanded the Sentence to be read Whereupon M. King who was Cryer of the Court having commanded silence by his Oyes the Clerk read the sentence which was drawn up in Parchment and did run in these words Whereas the Commons of England in Parliament had appointed them an high Court of Justice for the tryall of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the behalf of the Kingdome of England which Charge followeth in these words This Charge being read said the Clerk Charls Stuart was required to give his answer which he refused to do but expressed these passages and many more such as these are in refusing to answer The Clerk having repeated many passages during the time of his triall in which the King shewed an aversenesse to acknowledge the Court did proceed to read the Sentence which was in these words For all which Treasons and Crimes this Court doth adjudge That the said Charls Stuart as a Tyrant Traytor Murtherer and a publick Enemy shall be put to death by severing his Head from his Body This Sentence being read the Lord President said This Sentence now read and published is the Act Sentence Judgement and resolution of the whole Court Hereupon the Court stood up as assenting to what the President said King Will you hear me one 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 Prisonner King I may speak after the sentence By your favour Sir I may speak after Sentence ever The Guard drawing to him he said unto them by your favour hold and turning to the President he said the Sentence Sir I say Sir I do but being not permitted to proceed he said I am not suffered to speak expect what Justice other people will have Cryer All manner of persons that have any thing else to do 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 arose and the Kings guard did bring him to Sir Robert Cottons house and he was afterwards conducted to Saint Jameses The names of those who were present at that High Court of Justice when the Sentence of Death was pronounced against Charls the first Monarck of great Brittain SErjeant Bradshaw President John Lisle