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A40615 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. Charles I, King of England, 1600-1649, defendant.; Chamberlayne, Edward, 1616-1703. Present warre parallel'd.; J. C. 1654 (1654) Wing F2353; ESTC R23385 51,660 194

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the liberties and the properties of England Truly Sir It makes me to call to minde I cannot forbear to expresse it for sir we must deale plainly with you according to the merits of your Cause for so is our Commission It makes me I say to call to mind what I have read of a great Roman Emperor a great Roman Tyrant I may call him Caligula by name who wished that the people of Rome had but one neck that at one blow he might cut it off Your proceedings have been something like to this the people of England have been and are no where else to be represented but in parliament and could you have but confounded that you had at one blow cut off the neck of England But God hath reserved better things for us and hath been pleased to break your forces and to overthrow your designes and to bring your person into custody that you might be answerable unto justice Sir we know very well that it is a question which hath been much pressed by your side By what presidents we shall proceed Truly sir for presidents I shall not at this present make any long discourse on that subject howsoever I shall acquaint them that it is no new thing to cite presidents all most out of all Nations where the people when power hath been in their hands have not sticked to call their Kings to an account and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people I will not waste time to mention France or Spain or the Empire of Germany or any other country Volumnes may be written of it But truly sir that president of the kingdom of Arragon hath by some of us been thought upon The justice of Arragon is as a man tanquam in medio positus it is placed between the people of that country and the king of Spain so that if wrong be done by the King of Arragon the justice of Arragon hath power to reform that wrong and he is acknowledged the Kings superiour and bring the grand prisoner of the priviledges and liberties of the people he hath prosecuted against the Kings for their misgovernment Sir What the Tribunes were heretofore to Rome and what the Ephori were to the State of Lacedemon we sufficiently know they were as the parliament of England to the English State and though Rome seemed to have lost her liberty when once the Emperours were constituted yet you shall finde some exemplar Acts of justice even done by the Senate of Rome on the great Tyrant of his time Nero who was by them condemned and adjudged unto death But why Sir should I make mention of these Forreign Histories and Examples unto you If we shall look but over the Tweede we shall finde examples enough in your native Kingdome of Scotland If we look on your first king Forgusius he was an elective King he died and left two sons both in their minority The elder brother afterwards giving small hopes to the people that he would govern them well so because he endeavoured to have supplant his Uncle who was chosen by the people to govern them in his minority he was rejected by the people for it and the younger brother was chosen c. Sir I will not take upon me to expresse what your Histories do at large declare you know very well that you are the hundred and nineth King of Scotland to mention all the Kings which the people of that kingdome according to their power and priviledge have made bold to deale withall either to banish imprison or put to death would be too long a story for this time and place Reges say your own Authors we created Kings at first Leges c. we imposed Laws upon them and as they were chosen by the Suffrages of the people at the first so upon the same occasion by the same Suffrages they may be taken down again and of this I may be bold to say that no Kingdome in the world hath yielded a more plentifull experience than your native Kingdome of Scotland on the deposition and the punishment of their transgressing Kings I need not go far for an Example your Grandmother was set aside and your father an Infant crown'd This State hath done the like in England The Parliament and people of England have made bold to call their King to an account therein frequent Examples of it in the Saxons time the time before the Conquest and since the Conquest there have not wanted some presidents King Edward the second King Richard the second were so dealt with by the Parliament and were both deposed and deprived and truly Sir whosoever shall look into their stories shall not find the Articles that are charged upon them to come near to the height and the Capitalnesse of the crimes that are laid to your charge nothing near Sir you were pleased the other day to alledge your Descent and I did not contradict it but take all together if you go higher than the Conquest you shall find that for almost a thousand years these things have been and if you come down since the Conquest you are the four and twentieth King from William called the Conquerour and you shall find one half of them to come meerely from the State and not meerely upon the point of Descent This were easie to be instanced The time must not be lost that way I shall onely represent what a grave and learned Judge said in his time who was well known unto you the words are since printed for posterity That although there were such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their Titles when it was declared by Parliament And Sir your Oath and the manner of your Coronation doth planly shew that the Kings of England although its true by the Law the next person in bloud is designed yet if there were a just cause to refuse him the people of England might do it For there is a Contract and a bargain made betwixt the King and his people and your Oath is taken and certainly Sir the Bond is reciprocall for as you are Liege Lord so are they Liege Subjects and we know very well that Legantis est duplex the one is a Bond of perfection that is due from the Soveraign the other is a Bond of Subjection which is due from the Subject for if this Bond be once broken farewell Soveraignty Subjectio trahit c. These things may not be denyed for I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages for whether you have been as you ought to be a Protector of England or a destroyer of England let all England judge or all the world that hath beheld it and though Sir you have it by inheritance in the way that is spoken of yet it cannot be denyed but
he himself was but a petty robber and thus Sirs I do think that the way you are in is much out of the way Now Sirs for to put you in the way believe it you will never do right nor will God ever prosper you untill you give God his due and the King his due that is in their course of time my Successors and untill you give the people their due I am as much for them as any of you are You must give God his due by regulating aright his Church according to his Scripture your church is now out of order for to set you particularly in a way now I cannot but onely by a Synod of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a Gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedome consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A Subject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I pray God that it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shal onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little more order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to Religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my Conscience in Religion I think is already very well known to all the world and therefore I declare before you all that I die a Christian according to the profession of the Church of England as I found it left by my Father and this honest man * I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a Gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax pray take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for his Night-cap and having put it on he said to the Executioner Will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall find great Joy and Solace King I go from a corruptible to an incorruptible Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the Executioner Is my hair as it should be He then did put off his cloak and his George which he gave to Doctour Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the Block he said unto the Exkcutioner you should make it to be steddie Execut It is so King It might have been something higher Execut It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooping down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the Sign Execut So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi The present Warre parralel'd Or A brief Relation of the five years Civil Warres of Henry the the third King of England with the event and issue of that unnaturall War and by what course the Kingdome was then settled again HEnry the third of of that Name a man more pious than prudent a better man than King swayed the Scepter of this Kingdome 56. years The former part of his Reign was very calm the latter as tempestuous The main Tempest was thus raised the King for many years during that high calm had sequestered himself wholly to his harmlesse sports and recreations and intrusted the whole managery of the State to his officers Ministers These taking advantage of his Majesties carelesnesse the main fault of this King insensibly suck'd and drained the Revenues of Crown and Kingdome till the King awakened by extream necessity began to enquire not how he came in for his necessities would not permit that but how he might get out The best way that his evil Counsellours could find to relieve their Master and save themselves was the ordinary way of supply in Parliament declined to have recourse to Monopolies Patents and other extraordinary and illegal Taxations But praeter naturall courses are never
to know his gracious pleasure what Fine he would demand of the whole City for their offences against him The King at length signified unto them that the summe of fifty thousand Marks should be their Fine Whereto the Londoners return this humble answer They had been of late by this unhappy War so exceeding impoverished that a summe so great as it was in those times could not possibly be raised amongst them wherfore they humbly beseeched his Princely compassion might be so far extended towards them as to require and accept according to their abilities At length after much suit and submission and a Fine of twenty thousand Marks the King received them to mercy and sent them under his great Seal a generall Pardon those onely excepted whose Estates were already bestowed granting and allowing that their former Charter ancient Priviledges should be restored unto them notwithstanding all the transgressions they are the words of the Pardon and Trespasses done to us to our Queen to our noble brother Richard King of Almain and the Prince our first begotten sonne And here was the first pacification betwixt the King and the Londoners for whom we say thus much That their foul Rebellion against their Soveraigne was not more detestable than their humble submission to their Soveraign was commendable And therefore in the Ordinance called Dictum de Kenelworth made for the settling of the Kingdome we find them notwithstanding all their disloyalty commended as shall be seen in the ensuing Story After the proud stomack of this City was brought down and all tumultuous spirits quelled the King calls his Parliament in festo sancti Edvardi Regis to Westminster wherein those that aided and assisted the Earl were all excepting the Londoners attainted and that all their Lands and Goods were forfeited But this sentence though it was lesse than they deserved yet was more than they would endure and therefore the fire that was not yet quencht but smothered breaks forth again Some flie into the Isle of Ely and fortifie that Some into the Isle of Axholm in Lincolnshire Another party possesse themselves of Killingworth Castle Another under the command of the Lord Ferrers in the Northern parts And amongst others one Adam Gurdon lived as an Outlaw in Hampshire a tum rarus aut nullus locus in Anglia fuit tutus eò quod terra erat vespilionibus plena Now scarce any place in England free from plunderers To reduce these to obedience the King undertakes Killingworth Castle The Prince was sent against Adam Gurdon Lord Edmond the Prince's brother against those in Axholm and Lord Henry King of Almains sonne against the Lord b Ferrers To the Rebells in Killingworth Castle the King sent first a gracious Message willing them to desist and to return to their obedience But they contrary to all Law of Arms contrary to natural civility cut off the Messengers hand and sent him back with an uncivil answer Then the King marcht to Killingworth and sate down before it upon Midsummer Eve During the siege which lasted six moneths Clerus populus convocantur duodecim eliguntur de potentioribus Procerum prudentioribus Praelatorum quibus datur potestas ordinandi super Statutum exhaeredatorum c. The Clergie and Laity are assembled and out of the chiefest of the Peerage and wisest of the Prelates were chosen twelve to whom power was given to pronounce sentence against the Rebels and to settle the Peace of the Kingdome they first taking an Oath de utilibus ordinandis to decree nothing but what should be for the good of the common weale Then the people take a solemn oath Quod dictum ipsorum inviolabiliter observarent that they would stand to their Decree which to this day by our Lawyers is called Dictum de Kenelworth a severe yet a good and wholsom course without effusion of blood to punish Rebellious Subjects The Decree was as followeth In nomine sanctae individuae Trinitatis Amen Ad honorem gloriam Omnipotentis Dei Patris filii Spiritus sancti c. Et ad honorem bonum prosperum pacificum statū Christianissimi I rincipis Domini Henrici Regis Angliae illustris totius Angliae Ecclesiae Nos Wilielmus c. In English thus In the name of the holy and individuall Trinity Amen For the honor and glory of Almighty God the Father Son and holy Ghost c. And for the honour prosperity and peace of the most Christian Prince our Soveraign Lord Henry the most Renowned King of England and of the whole Church of England We William Exon William Bath and Wells Henry Worcester and T. S. Davids Bishops Gilbert de Clare Earl of Glocester Humphrey Earl of Hereford Philip Basset John Bailof Robert Wallop Alan de la Souch Roger de Somerie and Warren de Basinghorn providing for the welfare of the Land c have thought fit to order as followeth 1. That the rebels be not wholly deprived of their estates but shall have liberty to redeem their lands by Fines in manner following 1. That those that were in the fight at Chester-field against our Soveraign Lord the King Item All those that by force of arms impiously kept Northampton against the King Item Those that gave the King battel at Lewes Item Those that were taken prisoners at Kenelworth Item Those that came to pillage Winchester or were elsewhere against the King whom the King hath not pardoned Item Those that gave the King battel at Evesham Item All those that freely and voluntarily and without any compulsion have contributed to the War against the K. or Prince Item The Officers and servants of the Earl of Leicester that pillaged their neighbours or were the cause of any murders firings or other enormities that all these be fined five years Revenues of all their Estates respectively and that if they pay down their Fines presently they may enjoy their Lands presently but if the land must be sold for the payment of the Fine he on whom the King bestowed it shall have the refusal if he will give as much as any other And if the originall owner will pay down the whole Fine he shall have the whole Land and likewise if he will pay the moity or third part he shall have the moity or thirds of the Land And if at the end and term appointed the owner doth not pay for the other moity it shall be clearly theirs on whom the King was pleased to bestow it And assoon as any one hath paid down his whole Fine such shall have liberty to let or set or sell his land within the prefixed time Those that have Woods and would willingly make sale of them for the payment of their Fines He on whom the King bestowed and the originall owner shall have each one his Bailiffe to see it sold and those two Bailiffes shall as fast as the money is made pay it to whom the Fine