to such as were tendred to them in the name of the King His Majesty seeing and bewailing His Condition that He must still have to do with those that were Enemies to Peace prepares Himself for the War at the approaching Spring and although this Winter was infamous with many losses either through the neglects or perfidiousness of some Officers yet before the season for taking the Field was come His Counsels and Diligence had repaired those Damages In April he sends the Prince to perfect the Western Association An. 1645 and raise such Forces as the necessities of the Crown which was His Inheritance did require with Him is sent as Moderator of His Youth and prime Counsellor Sr Edward Hide now Lord High Chancellor of England whose faithfulness had endeared Him to His Majesty who also judged his Abilities equal to the Charge in which He continued with the same Faith through all the Difficulties and Persecutions of his Master till it pleased God to bring the Prince back to the Throne of His Fathers and Him to the Chief Ministery of State After their departure the King draws out His Army to relieve His Northern Counties and Garrisons But being on His march and having stormed and taken Leicester in His way He was called back to secure Oxford which the Parliament Army threatned with a Siege But Fairfax having gotten a Letter of the Lord Goring's whom a Parliament Spy had cajoled to trust him with the delivery of it to His Majesty wherein he had desired Him to forbear ingaging with the Enemy till he could be joyned with Him he leaves Oxford and made directly towards the King that was now come back as far as Daventry with a purpose to fight Him before that addition of strength and at a place near Naseby in Northampton-shire both Armies met on Saturday June 14. Cromwell having then also brought some fresh Horse to Fairfax whose absence from the Army at that time the King was assured by some who intended to betray Him should be effected Nevertheless the King would not decline the Battle and had the better at first but His vanquishing Horse following the chase of their Enemies too far a fatal errour that had been twice before committed left the Foot open to the other Wing who pressing hotly upon them put them to an open rout and so became Masters of His Canon Camp and Carriage and among these of His Majesties Cabinet in which they found many of His Letters most of them written to the Queen which not contented with their Victory over His Forces they print as a Trophee over His Fame that by proposing His secret Thoughts designed only for the Breasts of His Wife to the debauched multitude and they looking on them through the Prejudices which the Slanders of the Faction had already formed in their minds the Popular hatred might be increased But the publication of them found a contrary effect every one that was not barbarous abhorred that Inhumanity among Christians which Generous Heathens scorned to be guilty of and the Letters did discover that the King was not as He was hitherto characterized but that He had all the Abilities and Affections as well as all the Rights that were fit for Majesty And which is not usual He grew greater in Honour by this Defeat though he never after recovered any considerable power For the Fate of this Battle had an inauspicious influence upon all His remaining Forces and every day His losses were repeated But though Fortune had left the King yet had not His Valour therefore gathering up the scattered remains of His broken Army He marches up and down to encourage those whose Faith changed not with His Condition At last attempting to relieve Chester though He was beset behind and before and His Horse wearied in such tedious and restless Marches yet at first He beat Poyntz off that followed but by being charged by fresh Souldiers from the Leaguer and a greater Number He was forced to retreat and leave some of His gallant Followers dead upon the place After this He draws towards the North-East and commands the Lord Digby with the Horse that were left to march for Scotland and there to join with Montross who with an inconsiderable company of Men had got Victories there so prodigious that they looked like Miracles But this Lord was surprised before he could get out of Yorkshire for His Horse having taken 700 of the Enemies Foot were so wanton with their Success that they were easily mastered by another Party and he himself was compelled to fly into Ireland These several overthrows brought another mischief along with it for the King's Commanders and Officers broke their own Peace and Agreement which is the only Comfort and Relief of the Oppressed and which makes them considerable though they are spoiled of Arms by imputing as it useth to be in unhappy Councils the criminous part of their Misfortunes to one another But many gallant Persons whom Loyalty and Religion had drawn to His Service endured the utmost hazards before they delivered the Holds He had committed to their trust and by that means employing the Enemies Arms gave the King time who was at last returned to Oxford to provide for His Safety Hither every day sad Messages of Ruines from every part of the Nation came which though they seemed like the falling pieces of the dissolved World yet they found His Spirit erect and undaunted For He was equal in all the Offices of His Life tenacious of Truth and Equity and not moveable from them by Fears a Contemner of worldly Glory and desirous of Empire for no other reason but because He saw these Kingdoms must be ruined when He relinquished the care of them But that which most troubled Him were the Importunities of His own disconsolate Party to seek for Conditions of Peace which He saw was in vain to expect would be such as were fit to accept for His former experience assured Him that these Men would follow the Counsels of their Fortune and be more Insolent now than ever And for Himself He was resolved not to Sacrifice His Conscience to Safety nor His Honour to Life This He often told those that thus pressed Him and did profess in His Letter to Prince Rupert who likewise moved Him to the same that He would yield to no more now than what He had offered at Uxbridge though He confessed it were as great a Miracle His Enemies should hearken to so much Reason as that He should be restored within a Month to the same Condition He was in immediately before the Battle at Naseby But yet to satisfie every One how tender He was of the Common Safety He sent several Messages to the Parliament for a Treaty and offers to come Himself to London if He may have security for Himself and Attendants All which were either not regarded or answered with Reproaches And because the people began to murmure at so great an earnestness of the Faction to
Esq Edmond Wilde Esquire James Chaloner Esquire Josias Barners Esquire Dennis Bond Esq Humphry Edwards Esquire Gregory Clement Esquire John Fry Esquire Thomas Wogan Esq Sir Gregory Norton Serjeant John Bradshaw Colonel Edmund Harvey John Dove Esq Colonel John Venne John Foulk Alderman Thomas Scot Esquire Thomas Andrews Alderman William Cawley Esquire Abraham Burrell Esquire Colonel Anthony Stapely Roger Gratwicke Esquire John Downes Esquire Colonel Thomas Horton Colonel Thomas Hammond Colonel George Fenwick Serjeant Robert Nichols Robert Reynolds Esquire John Liste Esquire Nicholas Love Esquire Vincent Potter Sir Gilbert Pickering John Weaver Esquire John Lenthal Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Esquire Thomas Boone Esquire Augustine Garland Esquire Augustine Skinner Esquire John Dixwel Esquire Colonel George Fleetwood Simon Maine Esquire Colonel James Temple Colonel Peter Temple Daniel Blagrave Esquire Sir Peter Temple Colonel Thomas Waite John Brown Esquire John Lowry Esquire shall be and are hereby appointed Commissioners and Judges for the hearing Trying and Judging of the said Charles Stuart And the said Commissioners or any twenty or more of them shall be and are hereby Authorized and constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their hands and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personal Answer thereunto and for examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendanrs and other circumstances as they or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premisses and Thomas Lord Fairfax the General with all Officers of Justice and other well-affected persons are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them Provided that this Ordinance and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof and no longer After the reading of this 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 the Chair with His face towards the Commissioners Silence was again ordered and Bradshaw with Impudence befitting his person and his place stood up and said 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 Kingdom 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 Then their Solicitor John Cook standing within a Bar on the right hand began My Lord in behalf of the Commons of England and of all the People thereof I do accuse CHARLES STUART here present of high Treason and high Misdemeanures and I do in the name of the Commons of England desire the Charge may be read unto him As he was speaking the King held up his Staffe and laying it on his shoulders two or three times bid him Hold a little But Bradshaw ordered him to go on and the Charge being delivered to their Clerk Bradshaw told the King Sir the Court Commands the Charge to be read If you have any thing to say afterwards you may be heard Then the Clerk being ordered to read began 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 Mis-government which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right Power of frequent and successive Parliaments or National Meetings in Council he the said Charles Stuart for accomplishment of such his Designs and for the protecting himself and his Adherents in his and their wicked practices to the same Ends hath traiterously and maliciously levied War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly 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 Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Kineton field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred forty and three at Cavesham Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Croperdy Bridge in the County of Oxon and upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places near adjacent in the County of Cornwall and
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently 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 exhibite 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 pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the 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
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
the advice of private men or by any unknown or unsworn Counsellors but that such matters as concern the publick and are proper for the High Court of Parliament which is Your Majesties great and supreme Council may be debated resolved and transacted only in Parliament and not elsewhere and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgment of Parliament And such other matters of State as are proper for Your Majesties Privy Council shall be debated and concluded by such of the Nobility and others as shall from time to time be chosen for that place by approbation of both Houses of Parliament And that no publick Act concerning the Affairs of the Kingdom which are proper for Your Privy Council may be esteemed of any validity as proceeding from the Royal Authority unless it be done by the advice and consent of the major part of Your Council attested under their hands And that Your Council my be limited to a certain number not exceeding twenty five nor under fifteen And if any Counsellors place happen to be void in the Intervals of Parliament it shall not be supplied without the assent of the major part of the Council which choice shall be confirmed at the next sitting of the Parliament or else to be void III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasure Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque-Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State two Chief Justices and Chief Baron may always be chosen with the approbation of both Houses of Parliament and in the Intervals of Parliament by assent of the major part of the Council in such manner as is before exprest in the choice of Counsellors IV. That he or they unto whom the government and education of the King's Children shall be committed shall be approved of by both Houses of Parliament and in the Intervals of Parliaments by the assent of the major part of the Council in such manner as is before exprest in the choice of Counsellours And that all such Servants as are now about Them against whom both Houses shall have any just exception shall be removed V. That no Marriage shall be concluded or treated for any of the King's Children with any foreign Prince or other person whatsoever abroad or at home without the consent of Parliament under the penalty of a Praemunire unto such as shall so conclude or treat any Marriage as aforesaid and that the said Penalty shall not be pardoned or dispensed with but by the consent of both Houses of Parliament VI. That the Laws in force against Jesuites Priests and Popish Recusants be strictly put in execution without any toleration or dispensation to the contrary and some more effectual course may be enacted by authority of Parliament to disable them from making any disturbance in the State or eluding the Law by trusts or otherwise VII That the Votes of Popish Lords in the House of Peers may be taken away so long as they continue Papists And that His Majesty would consent to such a Bill as shall be drawn for the Education of the Children of Papists by Protestants in the Protestant Religion VIII That Your Majesty will be pleased to consent that such a Reformation be made in the Church-Government and Liturgy as both Houses of Parliament shall advise wherein they intend to have consultations with Divines as is expressed in their Declaration to that purpose And that your Majesty will contribute Your best assistance to them for the raising of a sufficient maintenance for Preaching Ministers through the Kingdom And that Your Majesty will be pleased to give Your consent to Laws for the taking away of Innovations and Superstition and of Pluralities and against Scandalous Ministers IX That Your Majesty will be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering the Militia until the same shall be further setled by a Bill And that Your Majesty will recall Your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it X. That such Members of either House of Parliament as have during this present Parliament been put out of any Place and Office may either be restored to that Place and Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are Members XI That all Privy-Counsellours and Judges may take an Oath the form whereof to be agreed on and setled by Act of Parliament for the maintaining of the Petition of Right and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament And that an inquiry of all the breaches and violations of these Laws may be given in charge by the Justices of the King's Bench every Term and by the Judges of Assize in their Circuits and Justices of Peace at the Sessions to be presented and punished according to Law XII That all the Judges and all Officers placed by approbation of both Houses of Parliament may hold their places Quam diu bene se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it And that all persons cited by either House of Parliament may appear and abide the censure of Parliament XIV That the General Pardon offered by Your Majesty may be granted with such Exceptions as shall be advised by both Houses of Parliament XV. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such persons as Your Majesty shall appoint with the approbation of Your Parliament and in the Intervals of Parliament with the approbation of the major part of the Council in such manner as is before expressed in the choice of Counsellours XVI That the extraordinary Guards and Military Forces now attending Your Majesty may be removed and discharged And that for the future You will raise no such Guards or extraordinary Forces but according to Law in case of actual Rebellion or Invasion XVII That Your Majesty will be pleased to enter into a more strict Alliance with the States of the United Provinces and other neighbour-Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Pope and his adherents to subvert and suppress it whereby Your Majesty will obtain a great access of strength and reputation and Your Subjects be much encouraged and enabled in a Parliamentary way for Your aid and assistance in restoring Your Royal Sister and the Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause XVIII That Your Majesty will be pleased by Act of Parliament to clear the Lord Kimbolton and the
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the vice-Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
there were Twenty Dissenters blush to assume the Authority of managing the weightiest affairs of the English Empire to alter and change the Government to expose His Majesty to a violent Murder and to overthrow the Ancient Fundamental Laws of the Kingdom For being wholly devoted to the service of the Army they communicated counsels with them and whatsoever was resolved at the Council of War passed into a Law by the Votes of this Infamous remnant of the House of Commons who now served the Souldiers in hopes of part of the Spoil and a precarious Greatness which being acquired by so much Wickedness could not be lasting In order therefore to the Army's design they revive those Votes of No Addresses to the King which had at first but surreptitiously and by base practices passed and had been afterwards repealed by a full House Those Votes of a Treaty with the King and of the Satisfactoriness of His Concessions with scorn they rased out of the Journal-Book And then proceeded to Vote 1. That the People under God are the Original of all Just Power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supreme Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament by which they understood themselves hath the force of a Law 4. That all the People of this Nation are concluded thereby although the Consent and Concurrence of the King and House of Peers be not had thereunto 5. That to raise Arms against the People's Representative or Parliament and to make War upon them is High Treason 6. That the King Himself took Arms against the Parliament and on that account is guilty of the blood shed throughout the Civil War and that He ought to expiate the crime with His own blood Those that were less affected with the common Fears and Miseries could not temper their mirth and scorn at such ridiculous Usurpers that thought to adjust their Crimes by their own Votes that in one breath would adorn the People with the Spoils of Monarchy and in the next rob the People to invest themselves And it is said that even Cromwell who intended to ruine our Liberty was ashamed and scorned their so ready Slavery and afterwards did swear at the Table of an Independent Lord that he knew them to be Rascals and he would so serve them Others of more melancholy Complexions considering the baseness of these servile Tyrants and the humours of their barbarous masters the Souldiers all whose inhumanities they were to establish by a Law and that Power gotten by Wickedness cannot be used with the Modesty that is sit for just Magistrates justly feared that as under the King they had enjoyed the height of Liberty so under these men they were to be overwhelmed in the depth of Slavery and that these Votes which overturned the very Foundation of our Laws could not be designed but for some horrid Impiety and our lasting Bondage which came so to pass For in their next Consultations they constitute a Tribunal to sentence their Sovereign which afterwards they used as a Shambles for the most Loyal and Gallantest of the Nobless and People of the most abject Subjects and to procure a Reverence to the Vilest of men they give it the specious name of The High Court of Justice For which they appoint 150 Judges that the Number might seem to represent the whole Multitude of the most violent and heady of all the Faction To whom they give a power of citing hearing judging and punishing CHARLES STUART King of England To make up this Number they had named six Peers of the Upper House and the twelve Judges of the Land But the greatest part were Officers of the Army who having confederated against His Majesty and publickly required His Blood could not without a contempt to the light of Reason be appointed His Judges and Members of the Lower House who were most violent against Monarchy and indeed all Government wherein themselves had no share The rest were Persons pick'd out of the City of London and Suburbs thereof who they imagined would be most obsequious to their Lusts Those that surveyed the List and knew the men deemed them most unfit for a Trust of Justice and proper Instruments for any wicked undertaking for of these Judges one or two were Coblers others Brewers one a Goldsmith and many of them Mechanicks Such among them as were descended of ancient Families were Men of so mean worth that they were only like the Statues of their Ancestors had nothing but their Names to make them knownunto the World Some of them were Spend-thrifts Bankrupts such as could be neither safe nor free unless the Kingdom were in Bondage and most notorious Adulterers whose every Member was infamous with its proper Vice Vain and Atheistical in their Discourse Cowardly and Base in Spirit Bloody and Cruel in their Counsels and those Parts that cannot honestly be named were most dishonest One of them was accused of a Rape Another had published a Book of Blasphemies against the Trinity of the Deity Some of them could not hope to get impunity for their Oppressions of the Country and Expilations of the publick Treasure but by their ministry to this Murther Others could not promise themselves an advancement of their abject or declining Fortune but by this Iniquity Yet all these by the Faction were inrolled in the Register of Saints though fitter to standas Malefactors at the Bar than to sit upon Seats of Judgment And notwithstanding their diligent search for such a Number of Men who would not blush at nor fear any guilt some of those whom they had named in abhorrencie of the Impiety refused to sit and some that did yet met there in hopes of disturbing their Counsels All this while the House of Peers were not consulted and it was commonly supposed that most of them terrified with those Preparations against the King the only defence of the Nobless against the Popular Envie would absent themselves from that House except four or five that were the Darlings of the Faction and they deemed the Names and Compliance of those few were enough to give credit and Authority to their bloody Act. But in them they were disappointed also for some of the Peers did constantly meet and on that day wherein the Bill for Trial of the King was carried up to that House there were Seventeen then present a greater Number than usual who all Unanimously even the Democratick Lords not dissenting did reject the Bill as Dangerous and Illegal This so highly provoked the Fury of the Faction that they meditated a severe revenge and for the present blotted out those Peers whose Names they had before put into their Ordinance to make the Court more splendid After this they did also rase out the names of the Judges of the Land for they being privately consulted concerning these Proceedings against the King
were thus ingaged to perpetrate their intended Mischiefs all Parties declare against it The Presbyterian Ministers almost all those of London and very many out of the several Counties and some though few also of the Independents did in their Sermons and Conferences as also by Monitory Letters Petitions Protestations and Remonstrances publickly divulged adjure the Assassinates not to draw so great a Guilt upon themselves and the whole Nation by that Murder For it was contrary to those numerous and fearful Obligations of their many Oaths to the Publick and Private Faith which was exprest in their Protestations and many Declarations to the Laws of the Land those of Nature and Nations and the Commands of Scripture That it was to the dishonour of our Religion and against the publick good of the Kingdom But all was fruitless for they had lost their Ministerial Authority by serving the Faction so long till they needed not their assistance and despised their admonitions Besides the very same Principles they preached to kindle the War were now beat back into their faces and made use of against them to adjust the Murder The people also contemned them for their short-sightedness in that they would be the heady and indiscreet Instruments of such men and in such practices as must of necessity at last ruine them and all Ministers as well as the King and Bishops The Scots also by their Commissioners declare and protest against it The States of Holland by their Ambassadors if they were faithful in their trust did intercede and deprecate it as most destructive to the Protestant Interest Some of the most eminent of the Nobility as the Earl of Southampton the Duke of Richmond the Marquess of Hertford the Earl of Lindsey and others neglect no ways either by Prayers or Ransom to save the King Yea they offered themselves as being the prime Ministers of the King's Commands as Hostages for Him and if the Conspirators must needs be fed with blood to suffer in His stead for whatsoever he had done amiss The Prince piously assays all ways and means to deliver His Father from the danger For besides the States Ambassadors whom He had procured both He and the Prince of Orange did daily send as Agents the Kindred Relations and Allies of Cromwell Ireton and the other Conspirators with full power to propose any Conditions make any Promises and use all Threatnings to divert them if it were possible from their intended Cruelty or at least to gain some time before the Execution But all was in vain for no Conditions of Peace could please them who were possessed with unlawful and immoderate desires their Ambition that is more impetuous than all other affections had swallowed the hopes of Empire therefore they would remove the King to enthrone themselves Some thought that their despair of Pardon had hardened them to a greater Inhumanity for if after all these attempts they continued the King's Life they must beg their own which they knew Justice would not and they resolved Mercy should not give for this is reckoned among the benefits which we hate to receive and Men are usually ashamed to confess they deserved death Whatsoever it was that truly made them thus cruel they publickly pretended no other Motive than the Calls and Ducts of Providence and the Impulses of the Blessed Spirit To carry on this Cheat Hugh Peters the Pulpit-Buffoon of a luxuriant Speech skill'd to move the Rabble by mimical Gestures Impudent and Prodigal of his own and others fame Ignominious from his Youth for then suffering the contumely of Discipline being publickly whipt at Cambridge he was ever after an Enemy my to Government and therefore leagued himself with unquiet Sectaries Preaches before these fictitious Judges upon that Text Psalm 149. 8. To bind their Kings in chains and their Nobles in fetters of iron He assures them undoubtedly that this was prophesied of them that they were the Saints related to in that Scripture that they should judge the Kings of the Earth often calling them in his profane Harangue the Saint-Judges Then he professed that he had for a certain found upon a strict Scrutiny that there were in the Army 5000 Saints no less holy than those that now in Heaven conversed with God Afterwards kneeling in his Pulpit weeping and lifting up his hands he earnestly begs them in the Name of the People of England that they would execute Justice upon that Wretch CHARLES and would not let Benhadad escape in Safety Then he inveighs against Monarchy and wrests the Parable of Jotham to his purpose wherein when the Trees would chuse a King the Vine and the Olive refused the Dignity but the Bramble received the Empire and he compared Monarchy to the Bramble And all the while of contriving and executing this Murder he preached to the Souldiers and in some places about the City bitterly and contemptuously railing against the King Others also of the Congregational perswasion acted their parts in this Tragedy but more closely and not so much in the face of the Sun The Conspirators taking heat from their infamous Preachers whom they themselves had first kindled and somewhat doubting that these several strong Applications from all Parties to save the King and the Universal Discontents might take some advantage from their delay with more speed hasten the Assassination In order to which they send a Serjeant of Arms with a Guard of Horse lest the People should stone him for his Employment into Westminster-Hall and other places in London to summon all that could lay any Crime to the King ' s charge to come and give in their Evidence against Him Having proclaimed their wicked purposes and dress'd up a Tribunal at the upper end of Westminster-Hall with all the shapes of Terrour where the President with his abject and bloody Assistants were placed thither afterwards they bring this most Excellent Monarch whom having despoiled of three Great Kingdoms they now determined also to deprive of Life Into which Scene the King enter'd with a generous Miene shewing no signs of discomposure nor any thing beneath His former Majesty but as if He were to combate for Glory the Monsters of Mankind He undauntedly took the Seat which was set for Him with scorn looking upon the fictitious Judges and with pity upon the People who crouding in the great Gates of the Hall being flung open did bewail in Him the frailty of our Humane condition whose highest Greatness hath no Security A sad Spectacle even to those that were not in danger He being set the Charge against Him was read with all those reproachful terms of Tyrant Traytor and Murderer after which He was impleaded in the name of the People of England This false Slander of the People of England was heard with Impatience and Detestation of all and stoutly attested against by the Lady Fairfax Wife of the Lord Fairfax who by this act shewed her self worthy of her Extract from the Noble Family of the Veres for from
my humble Opinion would be that they should draw the Minds Tongues and Pens of the Learned to dispute about other matter than the Power or Prerogative of Kings and Princes and in this kind Your Majesty hath suffered and lost more than will easily be restored to Your self or Your Posterity for a long time It is not denied but the prime Reforming power is in Kings and Princes quibus deficientibus it comes to the inferior Magistrate quibus deficientibus it descendeth to the Body of the People supposing that there is a necessity of Reformation and that by no means it can be obtained of their Superiors It is true that such a Reformation is more imperfect in respect of the Instruments and manner of Procedure yet for the most part more pure and perfect in relation to the effect and product And for this end did I cite the Examples of old of Reformation by Regal Authority of which none was perfect in the second way of perfection except that of Josiah Concerning the saying of Grosthed whom the Cardinals at Rome confest to be a more Godly man than any of themselves it was his Complaint and Prediction of what was likely to ensue not his desire or election if Reformation could have been obtained in the ordinary way I might bring two unpartial Witnesses Juel and Bilson both famous English Bishops to prove that the Tumults and Troubles raised in Scotland at the time of Reformation were to be imputed to the Papists opposing of the Reformation both of Doctrine and Discipline as an Heretical Innovation and not to be ascribed to the Nobility or People who under God were the Instruments of it intending and seeking nothing but the purging out of Errour and setling of the Truth 2. Concerning the Reformation of the Church of England I conceive whether it was begun or not in K. Henry the Eighth's time it was not finished by Q. Elizabeth the Father stirred the Humors of the diseased Church but neither the Son nor the Daughter although we have great reason to bless God for both did purge them out perfectly This Perfection is yet reserved for Your Majesty Where it is said that all this time I bring no Reasons for a further Change the fourth Section of my last Paper hath many hints of Reasons against Episcopal Government with an offer of more or clearing of those which Your Majesty hath not thought fit to take notice of And Learned men have observed many Defects in that Reformation As That the Government of the Church of England for about this is the Question now is not builded upon the foundation of Christ and the Apostles which they at least cannot deny who profess Church-Government to be mutable and ambulatory and such were the greater part of Archbishops and Bishops in England contenting themselves with the Constitutions of the Church and the authority and munificence of Princes till of late that some few have pleaded it to be Jure Divino That the English Reformation hath not perfectly purged out the Roman Leaven which is one of the reasons that have given ground to the comparing of this Church to the Church of Laodicea as being neither hot nor cold neither Popish nor Reformed but of a lukewarm temper betwixt the two That it hath depraved the Discipline of the Church by conforming of it to the Civil Policy That it hath added many Church-Offices higher and lower unto those instituted by the Son of God which is as unlawful as to take away Offices warranted by the Divine Institution and other the like which have moved some to apply this saying to the Church of England Multi ad perfectionem pervenirent nisi jam se pervenisse crederent 4. In my Answer to the first of Your Majesty 's many Arguments I brought a Breviate of some Reasons to prove that a Bishop and Presbyter are one and the same in Scripture from which by necessary Consequence I did infer the negative Therefore no difference in Scripture between a Bishop and a Presbyter the one name signifying Industriam Curiae Pastoralis the other Sapientiae Maturitatem saith Beda And whereas Your Majesty averrs the Presbyterian Government was never practised before Calvin's time Your Majesty knows the common Objection of the Papists against the Reformed Churches Where was your Church your Reformation your Doctrine before Luther's time One part of the common Answer is that it was from the beginning and is to be found in Scripture The same I affirm of Presbyterian Government And for the proving of this the Assembly of Divines at Westminster have made manifest that the Primitive Christian Church at Jerusalem was governed by a Presbytery while they shew 1. That the Church of Jerusalem consisted of more Congregations than one from the multitude of Believers from the many Apostles and other Preachers in that Church and from the diversity of Languages among the Believers 2. That all these Congregations were under one Presbyterial Government because they were for Government one Church Acts 11. 22 26. and because that Church was governed by Elders Acts 11. 30. which were Elders of that Church and did meet together for acts of Government And the Apostles themselves in that meeting Acts 15. acted not as Apostles but as Elders stating the Question debating it in the ordinary way of disputation and having by search of Scripture found the will of God they conclude It seemed good to the Holy Ghost and us which in the judgment of the learned may be spoken by any Assembly upon like evidence of Scripture The like Presbyterian Government had place in the Churches of Corinth Ephesus Thessalonica c. in the times of the Apostles and after them for many years when one of the Presbytery was made Episcopus Praeses even then Communi Presbyterorum Consilio Ecclesiae gubernabantur saith Jerome and Episcopos magis consuetudine quam Dispositionis Divinae veritate Presbyteris esse majores in commune debere Ecclesiam regere 5. Far be it from me to think such a thought as that Your Majesty did intend any Fallacy in Your other main Argument from Antiquity As we are to distinguish between Intentio operantis and Conditio operis so may we in this case consider the difference between Intentio Argumentantis and Conditio Argumenti And where Your Majesty argues That if Your opinion be not admitted we will be forced to give place to the Interpretation of private spirits which is contrary to the Doctrine of the Apostle Peter and will prove to be of dangerous consequence I humbly offer to be considered by Your Majesty what some of chief note among the Papists themselves have taught us That the Interpretation of Scriptures and the Spirits whence they proceed may be called private in a threefold sense 1. Ratione Personae if the Interpreter be of a private condition 2. Ratione Modi Medii when Persons although not private use not the publick means which are necessary for finding out the
People leaving such debates to a time that may better bear them If this be not accepted the fault is not Mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or Me that laying away all disputes you go on chearfully and speedily for the reducing of Ireland XXXV To the House of Commons about the Five Members January 4. MDCXLI II. GEntlemen I am sorry for this occasion of coming unto you Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that by My Command were accused of High Treason whereunto I did expect Obedience and not a Message And I must declare unto you here that albeit no King that ever was in England shall be more careful of your Priviledges to maintain them to the uttermost of His Power than I shall be yet you must know that in cases of Treason no person hath a Priviledge And therefore I am come to know if any of those persons that were accused are here For I must tell you Gentlemen that so long as those persons that I have accused for no slight crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them Well sithence I see all the Birds are flown I do expect from you that you shall send them unto Me as soon as they return hither But I assure you in the word of a King I never did intend any force but shall proceed against them in a legal and fair way for I never meant any other And now sithence I see I cannot do what I came for I think this no unfit occasion to repeat what I have said formerly That whatsoever I have done in favour and to the good of My Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they do come to the House you will send them to Me otherwise I must take My Own course to find them XXXVI To the Citizens of LONDON at GUILD-HALL January 5. MDCXLI II. GEntlemen I am come to demand such Prisoners as I have already attained of High Treason and do believe they are shrowded in the City I hope no good man will keep them from Me their offences are Treason and Misdemeanours of an high nature I desire your loving assistance herein that they may be brought to a Legal Trial. And whereas there are divers suspicions raised that I am a favourer of the Popish Religion I do profess in the name of a King that I did and ever will and that to the utmost of My power be a prosecutor of all such as shall any ways oppose the Laws and Statutes of this Kingdom either Papist or Separatist and not only so but I will maintain and defend that true Protestant Religion which My Father did profess and I will still continue in during Life XXXVII To the Committe of both Houses at the delivery of the Petition for the Militia at THEORALDS Mar. 1. MDCXLI II. I Am so amazed at this Message that I know not what to answer You speak of Jealousies and Fears lay your hands to your hearts and ask your selves whether I may not likewise be disturbed with Fears and Jealousies and if so I assure you this Message hath nothing lessened them For the Militia I thought so much of it before I sent that Answer and am so much assured that the Answer is agreeable to what in justice or reason you can ask or I in Honour grant that I shall not alter it in any point For my residence near you I wish it might be so safe and honourable that I had no cause to absent My self from White-Hall Ask your selves whether I have not For My Son I shall take that care of him which shall justifie Me to God as a Father and to My Dominions as a King To conclude I assure you upon My Honour that I have no thought but of Peace and Justice to My People which I shall by all fair means seek to preserve and maintain relying upon the goodness and providence of God for the preservation of My Self and Rights XXXVIII To the Committee of both Houses at the presenting of their Declaration at NEW-MARKET March 9. MDCXLI II. I Am confident that you expect not I should give you a speedy Answer to this strange and unexpected Declaration And I am sorry in the Distractions of this Kingdom you should think this way of Address to be more convenient than that proposed by My Message of the 20th of Jan. last to both Houses As concerning the grounds of your Fears and Jealousies I will take time to answer particularly and doubt not but I shall do it to the satisfaction of all the world God in his good time will I hope discover the secrets and bottoms of all Plots and Treasons and then I shall stand right in the eyes of all My People In the mean time I must tell you that I rather expected a vindication from the imputation laid on Me in Master Pym's Speech than that any more general Rumours and Discourses should get credit with you For My Fears and Doubts I did not think they should have been thought so groundless or trivial while so many seditious Pamphlets and Sermons are looked upon and so great Tumults remembred unpunished uninquired into I still confess My Fears and call God to witness that they are greater for the true Protestant Profession My People and Laws than for My own Rights or Safety though I must tell you I conceive that none of these are free from danger What would you have Have I violated your Laws Have I denied to pass any one Bill for the ease and security of My Subjects I do not ask you what you have done for Me. Have any of My People been transported with Fears and Apprehensions I have offered as free and general a Pardon as your selves can devise All this considered There is a Judgment from Heaven upon this Nation if these Distractions continue God so deal with Me and Mine as all My thoughts and intentions are upright for the maintenance of the true Protestant Profession and for the Observation and Preservation of the Laws of this Land And I hope God will bless and assist those Laws for My preservation As for the Additional Declaration you are to expect an Answer to it when you shall receive the Answer to the Declaration it self Some Passages that happened Mar. 9. between His Majesty and the Committee of both Houses when the Declaration was delivered When His Majesty heard that part of the Declaration which mentioned Master Jermin's Transportation His Majesty interrupted the Earl of Holland in reading and said That 's false which being afterwards touch'd upon again His Majesty then said 'T is a lie And when He
you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you My Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and My People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All proceedings against any man whatsoever Bradshaw Sir I must interrupt you 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 a punctual and direct Answer whether you will answer your Charge or no and what you 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 profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you that that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly KING I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let Me tell you they may put in Demurrers against any proceeding as Legal and I do demand that and demand to be heard with My Reasons If you deny that you deny Reason Bradshaw Sir you have offered something to the Court I shall speak something unto you the sense of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurr to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them KING I deny that shew Me one Precedent Bradshaw Sir you ought not to interrupt while the Court is speaking to you This point is not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction KING I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Bradshaw Sir you are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read Charles 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 so soon as I know by what Authority you do this Bradshaw If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again KING I do require that I may give in My Reasons why I do not answer and give Me time for that Bradshaw Sir 't is not for Prisoners to require KING Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we shall give order to record your Default KING You never heard My Reasons yet Bradshaw Sir your Reasons are not to be heard against the Highest Jurisdiction KING Shew Me that Jurisdiction where Reason is not to be heard Bradshaw Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final Determination KING Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant take away the Prisoner KING Well Sir remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects Bradshaw Sir you are not to have liberty to use this language How great a Friend you have been to the Laws and Liberties of the People let all England and the World judge KING Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Armes against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge KING Well Sir Then Bradshaw ordered the Default to be recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was guarded forth to Sir Robert Cotton's house The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock and from thence they intend to adjourn to Westminster-Hall at which time all persons concerned are to give their attendance His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth thought fit to leave them in writing to the more impartial judgment of Posterity as followeth HAving already made My Protestations not only against the Illegality of this pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to referr My self to what I have spoken were I in this Case alone
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 Judgment against him My Lord I might press 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 Tryal 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 press your Lordship upon the whole fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom 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 Crystal 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 England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir you have heard what is moved by the Counsel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands You were pleased to propound some Questions you have had your Resolution 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 delays of yours and that they ought not being thus authorized by the supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the rules of Justice take advantage of these delays and proceed to pronounce Judgment against you yet nevertheless 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 Justice knows no respect of Persons you are to give your positive and final 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 Bradshaw 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 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 Justice 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 Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Charge If you will give Me time I will 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 in a Treaty upon the Publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir you must know the pleasure of the Court. KING By your favour Sir Bradshaw Nay Sir by your favour you may not be permitted to fall into those discourses you appear as a Delinquent you have not acknowledged the Authority of the Court The Court craves it not of you but 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 final 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 clearness 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
Privileges to alter the Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir this is the third time that you have publickly disown'd this Court and put an Affront upon it How far you have preserv'd the Privileges 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 Kingdom 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 only say this one word more to you If it were only My own particular I would not say any more nor interrupt you Bradshaw Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all persons which 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 next morning Cryer God bless the Kingdom of England Westminster-Hall Saturday Jan. 27. Afternoon TWo or three dayes being spent in a formal Examination of Witnesses and preparing themselves for the last scene of this Mock-shew at length on Saturday the twenty seventh of January Bradshaw in his Scarlet Robes appeared in the Hall and Sixty seven others answered to their Names As the King came in in His wonted posture with his Hat on and passed toward them some few Souldiers began a clamour for Justice Justice and Execution O yes made and Silence commanded the Captain of their Guard ordered to take into Custody such as made any disturbance His Majesty began I desire a word to be heard a little and I hope I shall give no occasion of interruption Bradshaw saucily answered You may answer in your time hear the Court first His Majesty patiently replied If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgment Bradshaw Sir you shall be heard in due time but you are to hear the Court first KING Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir you shall be heard before the Judgment be given and in the mean time you may forbear KING Well Sir shall I be heard before the Judgment be given Bradshaw Gentlemen it is well known to all or most of you here present that the Prisoner at the Bar hath been several times convented and brought before this Court to make Answer to a Charge of Treason and other high Crimes exhibited against him in the name of the People of England To which Charge being required to answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the highest Court that appointed them to try and judge him But being over-ruled in that and required to make his Answer he was still pleased to continue Contumacious and to refuse to submit to Answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any man's wilfulness prevent Justice they have thought fit to take the matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner and upon the whole matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in command to let you know they will hear you KING Since I see that you will not hear any thing of Debate concerning that which I confess I though most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you that this many-a day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honor And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for My Self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon Me. Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that My true Zeal to My Countrey had not overborn the care that I have for My own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled and truly the self-same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes Me now at last desire That I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons This Delay cannot be prejudicial unto you whatsoever I say If that I say no Reason those that hear Me must be Judges I cannot be Judge of that that I * have If it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on it it is very well worth the hearing Therefore I do conjure you as you love that that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant me this hearing before any Sentence be past I only desire this That you will take this into your Consideration it may be you have not heard of it before-hand If you will I will retire and you may think of
it but if I cannot get this Liberty I do protest That these fair shews of Liberty and Peace are pure shews and that you will not hear your King Bradshaw Sir you have now spoken KING Yes Sir Bradshaw And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before KING Pray excuse Me Sir for My interruption because you mistake Me. It is not a declining of it you do judge Me before you hear Me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberty of the Subject then the shame is Mine Now I desire that you will take this into your Consideration if you will I will withdraw Bradshaw Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court. Sir you say you do not decline the Jurisdiction of the Court. KING Not in this that I have said Bradshaw I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence It is not as you say That they will not hear their King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any Answer at all Sir this tends to a further Delay Truly Sir such Delays as these neither may the Kingdom nor Justice well bear You have had three several days to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so But Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound to grant But Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time This he did to prevent the disturbance of their Scene by one of their own Members Colonel John Downes who could not stifle the reluctance of his Conscience when he saw his Majesty press so earnestly for a short hearing but declaring himself unsatisfied forced them to yield to the King's Request KING Shall I withdraw Bradshaw Sir You shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms. The Court gives command that the Prisoner be withdrawn and they give order for his return again Then withdrawing into the Chamber of the Court of Wards their business was not to consider of his Majesties desire but to Chide Downes and with reproaches and threats to harden him to go through the remainder of their Villany with them Which done they return and being sate Bradshaw commanded Serjeant at Armes send for your Prisoner Who being come Bradshaw proceeded Sir you were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an Answer before the Court adjourned truly Sir their withdrawing and adjournment was pro forma tantùm for it did not seem to them that there was any difficulty in the thing They have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the supreme Authority of the Commons of England assembled in Parliament the Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further Delay and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice they are good words in the Great old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam there must be no delay But the truth is Sir and so every man here observes it that you have much delayed them in your Contempt and Default for which they might long since have proceeded to Judgment against you and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment and that is their unanimous Resolution KING Sir I know it is in vain for Me to dispute I am no Sceptick for to deny the Power that you have I know that you have Power enough Sir I must confess I think it would have been for the Kingdoms Peace if you would have taken the pains for to have shewn the Lawfulness of your Power For this Delay that I have desired I confess it is a Delay but it is a Delay very important for the Peace of the Kingdom for it is not My Person that I look at alone it is the Kingdoms Welfare and the Kingdoms Peace It is an old Sentence That we should think on long before we resolve of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of a hasty Sentence I confess I have been here now I think this Week this day eight dayes was the day I came here first but a little Delay of a day or two further may give Peace whereas a hasty Judgment may bring on that Trouble and perpetual Inconveniency to the Kingdom that the Child that is unborn may repent it And therefore again out of the Duty I owe to God and to My Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint Me. Bradshaw You have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgment of the Court in it And the Court now requires to know whether you have any more to say for your self than you have said before they proceed to Sentence KING I say this Sir That if you hear Me if you will give
Me but this Delay I doubt not but I shall give some satisfaction to you all here and to My People after that and therefore I do require you as you will answer it at the dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received direction from the Court. KING Well Sir Bradshaw If this must be re-inforced or any thing of this nature your Answer must be the same and they will proceed to Sentence if you have nothing more to say KING I have nothing more to say but I shall desire that this may be entred what I have said Bradshaw The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Then Bradshaw went on in a long Harangue endeavouring to justifie their proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alleging the Examples of former Treasons and Rebellions both at home and abroad as authentick proofs and concluding that the King was a Tyrant Traitor Murtherer and publick Enemy to the Commonwealth of England His Majesty having with His wonted Patience heard all these Reproaches answered I would desire 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 Bradshaw Sir you must give me now 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 whatever Sentence you will put upon Me in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw 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 as a sort of people met together and we know what Language we receive from your Party KING I know nothing of that Bradshaw You disavow 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 disavow 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 have given you too much Liberty already and 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 and hainous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and 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 least-wise 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 Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells 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 Traitor Tyrant a Murtherer and a publick enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles 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 Misdemeanours was read in the behalf of the Kingdom of England Here the Charge was repeated 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 Expressing the several passages of His refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publick Enemy shall be put to death by the severing of his Head from his Body Which being read Bradshaw added This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before agreed and ordered His Majesty then said Will you hear Me a word Sir Bradshaw Sir you are not to be heard after the Sentence KING No Sir Bradshaw No Sir by your favour Sir Guard withdraw your Prisoner KING I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold The Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have The Persons that sate when Judgment was given upon the Life of their KING were these Serjeant John Bradshaw Lieutenant General Cromwell Commissary General Ireton John Lisle Esquire William Say Esquire Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Thomas Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Baronet Sir John Bourchier Knight William Heveningham Esquire Isaac Ponnington Alderman Colonel Henry Marten Colonel William Poresoy Colonel John Berksted John Blakeston Esquire Gilbert Millington Sir William Constable Baronet Colonel Edmund Ludlow Colonel John Hutchinson Sir Michael Livesey Baronet Colonel Robert Tichburne Colonel Owen Rowe Colonel Robert Lilburne Colonel Adrian Scroope Colonel Richard Deane Colonel John Okey Colonel John Hewson Colonel William Goffe Cornelius Holland Esquire John Carew Esquire Colonel John Jones Miles Corbet Esquire Francis Allen Esquire Peregrine Pelham Esquire Colonel John More Colonel John Alured Colonel Henry Smith Humphrey Edwards Esquire Gregory Clement Esquire Thomas Wogan Esquire Sir Gregory Norton Baronet Colonel Edmund Harvey Colonel John Venne Thomas Scot. Esquire Thomas Andrewes Alderman William Cawley Esquire Antony Stapely Esquire Colonel John Downes Colonel Thomas Horton Colonel Thomas Hammond Nicholas Love Esquire Vincent Potter Augustine Garland Esquire John Dixwell Esquire Colonel George Fleetwood Simon Mayne Esquire Colonel James Temple Peter Temple Daniel Blagrave Esquire
done and Signed and Sealed accordingly as followeth At the High Court of Justice for the Trying and Judging of CHARLES STUART King of England Januar. 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 severing of his Head from his Body of which Sentence Execution yet remains to be done These are therefore to will and require you to see the said Sentence executed in the open Street before White-hall upon the morrow being the 30. day of this instant Month of January between the hours of Ten in the Morning and Five in the Afternoon of the same day with full effect And so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good People of this Nation of England to be assisting unto you in this Service To Colonel Francis Hacker Colonel Huncks and Lieutenant Colonel Phayre and to every of them Given under our hands and seals John Bradshaw Thomas Gray Ol. Cromwel Edw. Whaley Mi. Livesey John Okey Jo. Danvers Jo. Bourchier Rich. Ingoldsby W. Cawley J. Barkestead Isaac Ewer J. Dixwell Val. Wauton Symon Meyne Tho. Horton H. Ireton Tho. Maleverer John Blakeston Jo. Hutchinson Will. Goffe Tho. Pride Pe. Temple Tho. Harrison Hen. Smith Per. Pelham Ri. Dean Rob. Tichburne Hum. Edwards Dan. Blagrave Owen Rowe William Purefoy Ad. Scroope James Temple A. Garland Edm. Ludlow Hen. Marten Vincent Potter W. Constable Jo. Jones Jo. Moore Ha. Waller Gilb. Millington G. Fleetwood J. Alured Rob. Lilburne W. Saye Anth. Stapeley Gre. Norton Tho. Chaloner Tho. Wogan Jo. Venne Greg. Clement Jo. Downes Tho. Waite Tho. Scott Jo. Carew Miles Corbet Tuesday the thirtieth of January the Fatal Day being come the Commissioners met and ordered four or five of their Ministers to attend upon the King at James's where they then kept Him but his Majesty well knowing what miserable comforters they were like to prove refused to have conference with them That Morning before his Majesty was brought thence the Bishop of London who with much ado was permitted to wait upon Him a day or two before and to assist Him in that sad instant read Divine Service in his presence in which the 27th of Saint Matthew the History of our Saviour's Crucifixion proved the second Lesson The King supposing it to have been selected on purpose thank'd him afterwards for his seasonable choice But the Bishop modestly declining that undue thanks told him that it was the Lesson appointed by the Calendar for that day He also then and there received of the Bishop the holy Sacrament and performed all His Devotions in preparation to His Passion Which ended about ten of the clock His Majesty was brought from Saint James's to White-Hall by a Regiment of Foot with Colours flying and Drums beating part marching before and part behind with a private guard of Partisans about Him the Bishop on the the one hand and Colonel Tomlinson who had the charge of Him on the other both bare-headed His Majesty walking very fast and bidding them go faster added That He now went before them to strive for an Heavenly Crown with less solicitude than He had often incouraged His Souldiers to fight for an Earthly Diadem Being come to the end of the Park He went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet Chamber where He used formerly to lodge There finding an unexpected delay in being brought upon the Scaffold which they had not as then fitted He past the time at convenient distances in Prayer About twelve of the clock His Majesty refusing to dine only eat a bit of Bread and drank a Glass of Claret and about an hour after Colonel Hacker with other Officers and Souldiers brought Him with the Bishop and Colonel Tomlinson through the Banqueting-house to the Scaffold to which the passage was made through a Window Divers Companies of Foot and Troups of Horse were placed on each side of the Street which hindred the approach of the very numerous Spectators and the King from speaking what He had premeditated and prepared for them to hear Whereupon His Majesty finding Himself disappointed omitted much of His intended matter and for what He meant to speak directed Himself chiefly to Colonel Tomlinson I Shall be very little heard of any body here I shall therefore speak a word unto you here Indeed I could hold My peace very well if I did not think that holding My peace would make some men think that I did submit to the Guilt as well as to the Punishment But I think it is My Duty to God first and to My Country for to clear My self both as an honest Man and a good King and a good Christian I shall begin first with My Innocency In troth I think it not very needful for Me to insist long upon this for all the World knows that I never did begin a War first with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their Privileges they began upon Me it is the Militia they began upon they confest that the Militia was Mine but they thought it fit for to have it from Me. And to be short if any body will look to the Dates of Commissions of their Commissions and Mine and likewise to the Declarations they will see clearly that they began these unhappy Troubles not I. So that as to the guilt of these enormous Crimes that are laid against Me I hope in God that God will clear Me of it I will not I am in Charity God forbid that I should lay it on the two Houses of Parliament there is no necessity of either I hope they are free of this Guilt For I do believe that ill Instruments between them and Me have been the chief cause of all this blood-shed So that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that God's Judgments are just upon Me many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That an unjust Sentence that I suffered for to take effect is punished now by an unjust Sentence upon Me. That is So far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man that will bear Me witness that I have forgiven all the World and even those in particular that have been the chief causers of My Death Who they are God knows I do not desire to know I pray God forgive them But this is not all My Charity must go further I
be enforced with rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second year of His Majesties reign after a Declaration of their intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yielding to pay that Loan whereby many of them contracted such Sicknesses as cost them their lives Great sums of Money required and raised by privy Seals An unjust and pernicious attempt to extort great payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so solemnly and evidently declared Another Parliament dissolved 4 Car. the Priviledge of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many months together without the liberty of using Books Pen Ink or Paper denying them all the comforts of life all means of preservation of health not permitting their Wives to come unto them even in time of their Sickness and for the compleating of that Cruelty after years spent in such miserable durance depriving them of the necessary means of Spiritual consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer comfort unto them in their private Chambers and to keep them still in this oppressed condition not admitting them to be bailed according to Law yet vexing them with Informations in inferiour Courts sentencing and fining some of them for matters done in Parliament and extorting the payments of those Fines from them enforcing others to put in Security of good behaviour before they could be released The imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve-them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the imminent danger of his life did sufficiently appear by the declaration of his Physician and his release or at least his refreshment was sought by many humble Petitions And his blood still cries either for vengeance or repentance of those Ministers of State who have at once obstructed the course both of His Majesties Justice and Mercy Upon the dissolution of both these Parliaments untrue and scandalous Declarations were published to asperse their proceedings and some of their Members unjustly to make them odious and colour the violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the people forbidding them even to speak of Parliaments After the breach of the Parliament in the fourth year of His Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great sums exacted through the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy Impositions continued against Law and some so unreasonable that the sum of the charge exceeds the value of the Goods The Book of Rates lately inhanced to a high proportion and such Merchants as would not submit to their illegal and unreasonable payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of guarding the Sea yet a new and unheard-of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 l. some years and yet the Merchants have been left so naked to the violence of the Turkish Pirats that many great Ships of value and thousands of His Majesties Subjects have been taken by them and do still remain in miserable slavery The enlargement of Forests contrary to Charta de Foresta and the composition thereupon The exactions of Coat and Conduct-Money and divers other Military charges The taking away the Arms of the Trained Bands of divers Counties The desperate design of engrossing all the Gun-powder into one hand keeping it in the Tower of London and setting so high a rate upon it that the poorer sort were not able to buy it nor could any have it without Licence thereby to leave the several parts of the Kingdom destitute of their necessary defence and by selling so dear that which was sold to make an unlawful advantage of it to the great charge and detriment of the Subject The general destruction of the Kings Timber especially that in the Forest of Dean sold to Papists which was the best Store-house of this Kingdom for the maintenance of our Shipping The taking away of mens Right under colour of the Kings title to Land between high and low water-Marks The Monopolies of Sope Salt Wine Leather Sea-coal and in a manner of all things of most common and necessary use The restraint of the Liberties of the Subjects in their Habitation Trades and other Interest Their vexation and oppression by Purveyors Clarks of the Market and Salt-Peter-men The sale of pretended Nusanzes as Buildings in and about London conversion of Arable into Pasture continuance of Pasture under the name of depopulation have drawn many Millions out of the Subjects Purses without any considerable profit to His Majesty Large quantities of Common and several Grounds have been taken from the Subject by colour of the Statute of Improvement and by abuse of the Commission of Sewers without their consent and against it And not only private Interest but also publick Faith have been broken in seizing of the Money and Bullion in the Mint and the whole Kingdom like to be robb'd at once in that abominable project of Brass Money Great numbers of His Majesties Subjects for refusing those unlawful charges have been vext with long and expensive suits some fined and censured others committed to long and hard imprisonments and confinements to the loss of health in many of life in some and others have had their Houses broken up their Goods seized some have been restrained from their lawful Callings Ships have
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
Rebels are not able to overcome His Majesties Army and devour His other good Subjects here as they desire yet both His Army and good Subjects are in danger to be devoured by the wants of needful Supplies forth of England For as we formerly signified thither those Forces were of necessity sent abroad to try what might be done for sustaining them in the Countrey so as to keep them alive until Supplies should get to us but that design now failing those our hopes are converted into astonishment to behold the unspeakable Miseries of the Officers and Soldiers for want of all things and all those Wants made the more unsupportable in the want of Food whilst this City being all the help we have is now too apparently found to be unable to help us as it hath hitherto done and divers Commanders and Officers in the Army do now so far express their sense of their Sufferings which indeed are very great and grievous as they declare that they have little hope to be supplied by the Parliament and press with so great importunity to be permitted to depart the Kingdom as it will be extream difficult to keep them here By our Letters of the three and twentieth of March we signified thither the unsupportable burthen laid on this City for Victualling those of the Army left here when the Lord Marquess with the Forces he took with him marched hence which burthen is found every day more heavy than other in regard of the many House-keepers thereby daily breaking up house and scattering their Families leaving still fewer to bear the burthen We also by those Letters and by our Letters of the five and twentieth of February advertised thither the high danger this Kingdom would incur if the Army so sent abroad should by any distress or through want be forced back hither again before our relief of Victuals should arrive forth of England When we found that those men were returning back hither although we were and are still full of Distraction considering the dismal consequences threatned thereby in respect of our Wants yet we consulted what we could yet imagine feasible that we had not formerly done to gain some Food for those men and found that to send them or others abroad into the Countrey we cannot in regard we are not able to advance Money for procuring the many Requisites incident to such an Expedition In the end therefore we were enforced to fix on our former way and so to see who had any thing yet left him untaken from him to help us and although there are but few such and some of them poor Merchants whom we have now by the Law of Necessity utterly undone and disabled from being hereafter helpful to us in bringing us in Victuals or other needful Commodities yet were we forced to wrest their Commodities from them And certainly there are few here of our selves or others that have not felt their parts in the enforced Rigour of our proceedings towards preserving the Army so as what with such hard dealing no less grievous to us to do than it is heavy to others to suffer and by our descending against our hearts far below the Honour and Dignity of that Power we represent here under His Royal Majesty we have with unspeakable difficulty prevailed so as to be able to find Bread for the Soldiers for the space of one Month. We are now expelling hence all Strangers and must instantly send away for England Thousands of poor despoiled English whose very eating is now unsupportable to this place And now again and finally we earnestly desire for our Confusions will not now admit the writing of many more Letters if any that His Majesty and the English Nation may not suffer so great if not irrecoverable Prejudice and Dishonour as must unavoidably be the consequence of our not being relieved suddenly but that yet although it be even now at the point to be too late supplies of Victuals and Munition in present be hastened hither to keep life until the rest may follow there being no Victual in the store nor will there be a hundred Barrels of Powder left in the store when the out-Garrisons as they must be instantly are supplied and that remainder according to the usual necessary expence besides extraordinary accidents will not last above a month And the residue of our Provisions must also come speedily after or otherwise England cannot hope to secure Ireland or secure themselves against Ireland but in the loss of it must look for such Enemies from hence as will perpetually disturb the Peace of His Majesty and His Kingdom of England and annoy them by Sea and Land as we often formerly represented thither which mischiefs may yet be prevented if we be yet forthwith enabled from thence with means to overcome this Rebellion We hope that a course is taken there for hastening hither the Provisions of Arms and Munition mentioned in the Docquet sent with our Letters of the twentieth of January and the six hundred Horses which we then moved might be sent hither for Recruits and that the seven thousand eight hundred fourscore and thirteen pounds three shillings for Arms to be provided in Holland besides those we expect in London hath been paid to Anthony Tierens in London or to Daniel Wibrants in Amsterdam and if that Sum had been paid as we at first desired we might well have had those Provisions arrived here by the tenth of March as we agreed however we now desire that that Money if it be not already pay'd may be yet pay'd to Mr. Tierens in London or Mr. Wibrants in Amsterdam that so those Provisions may arrive here speedily which considering that Summer is now near at hand will be very necessary that when our Supplies of Victuals Munition Cloaths Money and other Provisions shall arrive we may not in the publick Service here lose the benefit and advantage of that season And so we remain from His Majesties Castle of Dublin 4. April 1643. POSTSCRIPT As we were ready to sign this Dispatch we received at this Board a Paper signed by sundry Officers of the Army now here at Dublin which is in such a Stile and threatens so much Danger as we hold necessary to send a Copy thereof here inclosed whereby still appears the high Necessity of hastening away Money for them and the rest of the Officers and Victuals for the Soldier without which it will be impossible to contain them from breaking out into mutiny The Letter inclosed My Lords AT our first entrance into this unhappy Kingdom we had no other Design than by our Swords to assert and vindicate the Right of His Majesty which was here most highly abused to redress the Wrongs of His poor Subjects and to advance our own particulars in the prosecution of so honest undertakings And for the first of these we do believe they have since our coming over succeeded pretty well but for the last which concerns our selves that hath fallen out so
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Imployment concerning the State or Common-wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by his Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification The persons of all others to be free of all personal Censure notwithstanding any act or thing done in or concerning this War they taking the Covenant 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 2. Branch That two full parts in three to be divided of the Estates