England was openly read by one of the Clerks of the Court. The Act being read the Court was called every Commissioner present thereupon rising to his Name Commissioners present Westminster-Hall Jan. 20. 1648. John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William Lo. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Berkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Augustine Garland Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregr Pelham Francis Allen. Thomas Challoner John Moore William Say John Aldred Francis Lassells Henry Smith James Challoner Humphrey Edwards Gregory Clement John Fry Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scot. William Cawley Anthony Stapeley John Downs John Dixwell Simon Meyne James Temple Peter Temple Daniel Blagrave John Brown This done the Court command the Serjeant at Arms to send for the Prisoner and thereupon Col. Thomlinson who had the Charge of the Prisoner within a quarter of an hours space brought him attended by Col. Hacker and two and thirty Officers with Partizans guarding him to the Court his own Servants immediately attending him Being thus brought up in the Face of the Court the Serjeant at Arms with his Mace receives him and conducts him straight to the Bar having a crimson Velvet Chair set before him After a stern looking upon the Court and the People in the Galleries on each side of him he places himself in the Chair not at all moving his Hat or otherwise shewing the least respect to the Court but presently riseth up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall the Guard that attended him in the mean time dividing themselves on each side the Court and his own Servants following him to the Bar stand on the left hand of the Prisoner The Prisoner having again placed himself in his Chair with his Face towards the Court and Silence being again ordered and proclaimed the Lord President in the Name of the Court addressed himself to the Prisoner acquainting him That the Commons of England Assembled in Parliament being deeply sensible of the Evils and Calamities that had been brought upon this Nation and of the innocent Blood that had been spilt in it which was fixed upon him as the principal Author of it had resolved to make Inquisition for this Blood and according to the Debt they did owe to God to Justice the Kingdom and themselves and according to that Fundamental Power that rested and Trust reposed in them by the People other Means failing through his Default had resolved to bring him to Tryal and Judgment and had therefore constituted that Court of Justice before which he was then brought where he was to hear his Charge upon which the Court would proceed according to Justice Hereupon Mr. Cooke Sollicitor for the Common-wealth standing within a Bar with the rest of the Councel for the Common-wealth on the right hand of the Prisoner offered to speak but the Prisoner having a Staff in his hand held it up and softly laid it upon the said Mr. Cooke's Shoulder two or three times bidding him hold nevertheless the Lord President ordering him to go on Mr. Cooke did according to the Order of the Court to him directed in the Name and on the behalf of the People of England exhibit a Charge of High Treason and other high Crimes and did therewith accuse the said CHARLES STVART King of England praying in the Name and on the behalf aforesaid that the Charge might be accordingly received and read and due Proceedings had thereupon and accordingly preferred a Charge in writing which being received by the Court and delivered to the Clerk of the Court the Lord President in the Name of the Court ordered it should be read But the King interrupting the reading of it the Court notwithstanding commanded the Clerk to read it acquainting the Prisoner that if he had any thing to say after the Court would hear him whereupon the Clerk read the Charge the Tenor whereof is as followeth viz. A Charge of High Treason and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General appointed by the said Court for and on the behalf of the People of England against CHARLES STVART King of England THat He the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the Good and Benefit of the People and for the Preservation of their Rights and Liberties Yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National Meetings in Councel He the said CHARLES STUART for accomplishment of such his Designs and for the Protecting of himself and his Adherents in his and their wicked Practices to the same Ends hath Traiterously and Maliciously Levied War against the present Parliament and the People therein represented Particularly upon or about the Thirtieth day of June in the Year of our Lord 1642. at Beverley in the County of York and upon or about the Thirtieth day of July in the Year aforesaid in the County of the City of York and upon or about the four and twentieth day of August in the same Year at the County of the Town of Nottingham where and when he set up his Standard of War and also on or about the twenty third day of Octob. in the same Year at Edge-Hill and Keynton Field in the County of Warwick and upon or about the thirtieth day of November in the same Year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the Year of our Lord 1643 at Caversham-Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the Year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the Year last mentioned at Newbury in the County of Berks and upon or about the thirty first
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 know not 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 Answer 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 STVART 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 Priviledges 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 Priviledges of the People Your Actions have spoke it but truly Sir Mens Intentions ought to be known by their Actions You have written Your Meaning in bloody Characters throughout the whole 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 at Westminster-Hall by Ten of the Clock next Morning Cryer God bless the Kingdom of England Mercurii 24 Jan. 1648. Painted Chamber Three Proclamations made The Commissioners Present John Bradshaw Serjeant at Law Lord President Sir Thomas Maleverer Baronet Thomas Scot. Edward Whalley John Carew Edmund Harvey Owen Roe John Blackistone William Purefoy Henry Smith John Fry Francis Lassels Daniel Blagrave Anthony Stapeley Sir Gregory Norton Bar. William Cawley Robert Tichbourne Henry Marten Oliver Cromwell Sir John Danvers John Moore Richard Deane Vincent Potter Thomas Horton Cornelius Holland John Berkstead Tho. Lord Grey of Groby John Huson John Okey Gilbert Millington John Jones William Goffe Sir John Bourchier Isaac Pennington Ald. of Lond. Simon Meyne Adrian Scroope John Dixwell Isaac Ewers John Aldred Peter Temple Peregrine Pelham Edmund Ludlow John Hutchinson Thomas Pride William Heveningham Sir William Constable Francis Allen. The Court took into Consideration the Manner how the Witnesses should be Examined and in regard the King hath not Pleaded to Issue and that this Examination was ex abundanti only for the further satisfaction of themselves Resolved That the Witnesses shall be Examined to the Charge against the King in the Painted Chamber before the Court there Ordered That Mr. Millington and Mr. Tho. Challoner do forthwith repair unto John Brown Esq Clerk of the House of Peers for such Papers as are in his Custody which are conducible for the Business and Service of this Court and the said Mr. Brown is required to send the said Papers hither accordingly Witnesses Produced and Sworn in Court to give Evidence to the Charge against the King Henry Hartford Edward Roberts William Braynes Robert Lacy.
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 to 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 Supream 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 Col. 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 Reproachs 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 Arms 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 tantum 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 Supream 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 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 loook 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 days was the day I came here first but a little Delay of a Day or two further may give Peace whereas
their Forces demolish all their Out-works and Fortifications and suffer the whole Army to March through the City all which to the Eternal Dishonor of those Pusillanimous Cowards only Valiant in Rebellion they presently after most Triumphantly put in Execution This great Rub being so fortunately surmounted they now began to open the Dismal Scene and that they might extinguish the least remaining Sparks of Loyalty they fall to Menacing such as durst in the least Oppose them For upon the Debate which happened concerning the Nulling of all Acts Orders c. from July 26. 1647. to August 6. Sir Arthur Hasilrig openly declared in the House That some Heads must fly off and that he feared the Parliament of England would not Save the Kingdom of England that they must look another way for Safety And many other threatning Speeches were made by Sir H. Vane Jun. Sir John Evelyn Jun. Prideaux Gourdon Mildmay Scot and Cornelius Holland and in conclusion a Letter with a Remonstrance full of Invectives and Menaces from the General Fairfax and the general Council of the Army was produced by which Means they gained that Point also Upon the 24. of December the four Bills whereby the King was to be Devested of every thing but the Empty Name were sent to the King as the Conditions of restoring him to his Liberty and Crown And upon the third of January the Kings answer was Read and Debated upon which Sir Thomas Wroth broke out into this Extravagant Speech fitter for Bedlam Himself or rather Tyburn than St. Stephen's Chappel That Bedlam was appointed for Mad-men and Tophet for Kings That our Kings of late had carried themselves as if they were fit for no place but Bedlam and therefore Moved first to Secure the King and keep him close Prisoner in some Inland Castle with strong Guards Secondly to draw up Articles of Impeachment against him Thirdly to lay him aside and settle the Kingdom without him and for his own particular he said he valued not what Form of Government they set up so it were not by Kings and Devils This was Seconded by Ireton who spoke the Sense of the Army and said That the King had denyed Safety and Protection to his People by denying the four Bills That Subjection to his was but in lieu of Protection from him to the People that This being denied by the King they may well deny any more Subjection to him and settle the Kingdom without him That it was expected after so long Patience they should now shew their Resolution and not desert those Valiant Men of the Army who had ingaged for them beyond the possibility of retreat And to put the thrust home to the very Heart of the King towards the latter end of his Speech laying his Hand upon the Hilt of his Sword that Sorcerer Cromwel stood up and spake to this Effect That it was now expected that the Parliament should Govern and Defend the Kingdom by their own Power and Resolution and to teach the People no longer to expect Safety and Government from an Obstinate Man whose Heart God had hardened That they who had defended the Parliament from so many hazards difficulties and dangers with the expence of their Blood would defend them herein with Fidelity and Courage against all Opposition whatsoever therefore that they ought not to teach them by neglecting their own and the Kingdoms Safety in which their own is included to think themselves betrayed and left to the Rage and Malice of an irreconcilable Enemy whom they had subdued for the Parliament's sake and therefore in probability likely to find his future Government of them insupportable and more inclined to Revenge than Justice lest otherwise Despair should teach those Valiant Men to seek their Safety in some other means than adhering to the Parliament when they shall plainly see you will not stick to your selves and how destructive such a Resolution in them may be to you all added he I tremble to think and leave to you to Judge Whereupon the Question was immediately put Whether the Two Houses should make no more Addresses or Applications to the King and the House being Divided with the Yeas were 141. with the Noes 91. So it passed in the Affirmative But matters did not run so smoothly as they had hoped For the general Cry of the Nation was for a Personal Treaty with the King This was violently opposed by the Independent Faction and because there appeared great Inclinations in the City to favour the King they Threatned That after they had done with Colchester they would Humble that Proud City of London And to the Eternal Shame and Confusion of these Pretenders to Conscience and to Tender Conscience too the Reader shall hear that hideous Animal upon this occasion bray out the Bloody and Treasonable Thoughts of the Party possessed with this Legion in one of those Pamphlets which according to their constant Practice when they have the Press at Liberty they Print and Disperse abroad to poyson the abused People and to incite and animate them to Disloyalty Treason and the most Flagitious Villanies under pretence of following the Directions and Dictates of Conscience The Paper wears this Title The Voice of Conscience to all Well-meaning Citizens Printed July 16. 1648. And thus he Harangues the People If you desire to see a longer and more Bloody War and London as the Chief Seat thereof weltring in its own Blood your Wives Children and Families starved and pined to death through Poverty Famine and want of Trade if you would overthrow Parliaments for ever and subject both them and all People to the Will of the King and his Courtiers if you desire to see Foreigners invade you on all Hands and many Armies at once Quartered upon your Land putting hard for a New Conquest of this miserable divided Nation and if you desire to see your Wives and your Daughters ravished before your Faces and your Childrens Brains Dasht against the Stones by lustful and Blood-thirsty Cavaleers then follow the Steps of your Wealthy head-strong Aldermen and Common-Council-Men in their hasty pursuance of a Personal Treaty with the King or which is all one removing him out of the Armies Power For if you do flatter not your selves but be assured most Impious Confidence as certain as God is in Heaven you will see those Miseries come to pass and that swiftly too you will be devoured in an instant without Hope of Remedy But if you abhor and would prevent those Mischiefs then avoid and detest their Ingagement fly from it as from a Serpent it being a Viper bred in your own Bowels to destroy you and if you have unadvisedly subscribed it Repent speedily and Recal your Hands They most grosly delude you and abuse the Parliament in pretending they are able nay willing to Prevent or Suppress Tumults Trust them once and they will desire no more they will soon make it past a Treaty And when you lye at their Mercy complaining of
Two of the Clock Sabbathi 13 Jan. 1648. Proclamation being made and all Parties Concerned required to give Attendance the Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwel Esq Henry Ireton Esq Sir Hardress Waller Kt. Edward Whaley Esq Thomas Pride Esq Isaac Ewer Esq Sir John Danvers Sir Gregory Norton William Purefoy Esq John Blackistone Esq Gilbert Millington Esq Sir William Constable Bar. John Hutchinson Esq William Goff Esq Cornelius Holland Esq John Carew Esq Thomas Challoner Esq Algernon Sydney Esq William Say Esq John Fagg Esq Francis Lassels Esq Valentine Wauton Esq Henry Smith Esq Humphrey Edwards Esq John Fry Esq Sir Thomas Maleverer Bar. William Heveningham Esq John Dove Esq John Venn Esq Tho. Scot Esq John Downes Esq Adrian Scroope Esq John Lisle Esq Augustine Garland Esq John Dixwell Esq Daniel Blagrave Esq John Browne Esq The Court being to make further preparations for the King's Tryal sit private The Serjeant at Arms is Authorized to employ such other Messengers as shall be needful for the service of the Court giving in their Names to the Clerks of this Court Ordered That the Serjeant at Arms do search and secure the Vaults under the Painted Chamber taking such Assistance therein from the Souldiery as shall be needful Mr. Garland reporteth from the Committee for considering of the place for the King's Trial and the Court thereupon Ordered That the said Tryal of the King shall be in Westminster-Hall That the Place for the King's Tryal shall be where the Courts of King's Bench and Chancery sit in Westminster-Hall and that the Partitions between the said two Courts be therefore taken down and that the Committee for making Preparations for the King's Tryal are to take care thereof accordingly The Court Adjourned it self till Monday at Two of the Clock in the Afternoon to this Place Lunae 15 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Dean Esq John Berkstead Esq Isaac Ewer Esq Robert Lilbourn Esq Thomas Hamond Esq Edward Whaley Esq Thomas Pride Esq Thomas Lord Grey of Groby William Lord Mounson Sir John Danvers Sir Tho. Maleverer Bar. Sir Tho. Wroth. Robert Wallop Esq Henry Martin Esq William Purefoy Esq Gilbert Millington Esq Edmond Ludlow Esq John Hutchinson Esq Adrian Scroope Esq John Okey Esq John Huson Esq Peregrine Pelham Esq Thomas Challoner Esq John Moore Esq John Aldred Esq Henry Smith Esq James Challoner Esq Humphrey Edwards Esq Vincent Potter Esq Augustine Garland Esq James Temple Esq Daniel Blagrave Esq John Blackistone Esq Oliver Cromwell Esq Robert Tichbourne Esq John Jones Esq John Downs Esq Sir Hardress Waller Thomas Horton Esq Henry Ireton Esq Algernon Sydney Esq Peter Temple Esq Nicholas Love Esq Valentine Wauton Esq John Lisle Esq John Venn Esq Cornelius Holland Esq Thomas Scot Esq Sir William Constable Bar. Herbert Morley Esq Miles Corbet Esq John Fry Esq William Goff Esq John Fagg Esq John Carew Esq Sir Henry Mildmay Sir Gregory Norton Bar. Here the Court sit private The Councel attended and presented to the Court the Draught of a Charge against the King which being read the Court appointed Commissary General Ireton Mr. Millington Mr. Marten Col. Harvey Mr. Challoner Col. Harrison Mr. Miles Corbet Mr. Scot Mr. Love Mr. Lisle Mr. Say or any three of them to be a Committee to whom the Councel might resort for their further Advice concerning any thing of difficulty in relation to the Charge against the King who were likewise with the Councel to compare the Charge against him with the Evidence and to take care for the preparing and fitting the Charge for the Courts more clear Proceedings in the Businesses as likewise to advise of such general Rules as are fit for the Expediting the Business of the said Court and to meet the Morrow Morning at Eight of the Clock in the Queens Court. Col. Ludlow Col. Purefoy Col. Hutchinson Col. Scroope Col. Deane Col. Whalley Col. Huson Col. Pride Sir Hardress Waller Sir William Constable together with the Committee for making Preparations for the King's Tryal or any three of them are appointed a Committee to consider of the manner of bringing the King to the Court at his Tryal and of the Place where he shall be kept and lodge at during his said Tryal and to take consideration of the secure Sitting of the said Court and placing the Guards that shall attend it and are to meet to morrow morning at Eight of the clock in the Inner Star-Chamber The Court taking Notice of the Nearness of Hilary-Term and necessity they apprehended of Adjourning it in regard of the King's Tryal thereupon were of Opinion that it is fit that a Fortnight of the said Term be Adjourned and Mr. Lisle is desired to move the House therein Three Proclamations The Court Adjourned it self till Wednesday next at Eight in the Morning Mercurii 17 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Esq Edward Whaley Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho. Maleverer Bar. Sir Hardress Waller John Blackistone Esq John Berkstead Esq Sir William Constable John Hutchinson Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson Augustine Garland Simon Meyne Peter Temple John Brown Thomas Scot. Thomas Lister John Jones Vincent Potter Daniel Blagrave William Say Nicholas Love Robert Lilbourne William Goffe John Carew Thomas Pride Francis Allen. Peregrine Pelham John Moore Francis Lassels Henry Smith James Challoner Humphrey Edwards John Fry Sir Gregory Norton John Venn William Cawley Thomas Horton Thomas Hammond Isaac Ewers Cornelius Holland Sir John Bourchier Edmond Ludlow Edmond Harvey Edmond Wild. Thomas Heath William Heveningham Henry Marten William Purefoy John Lisle Ordered That the Commissioners of this Court who have not hitherto appeared be summoned by Warrants under the Hands of the Clerks of this Court to give their Personal Attendance at this Court to perform the Service to which they are by Act of the Commons of England Assembled in Parliament appointed and required Ordered That the Serjeant at Arms attending this Court or his Deputy do forthwith Summon all the aforesaid Commissioners making default who reside or dwell within twenty Miles of London Particular Warrants to every one of them were accordingly issued forth for their Attendance Upon Report made by Col. Hutchinson from the Committee to consider of the manner of bringing the King to Tryal c. the Court Order as followeth viz. Ordered That Sir Robert Cotton's House be the place where the King shall lodge during his Tryal That the Chamber in Sir Robert Cotton 's House next the Study there shall be the King's Bed-Chamber That the Great Chamber
day of July in the Year of our Lord 1644. at Cropredy-Bridge in the County of Oxon and upon or about the thirtieth day of September in the last Year mentioned at Bodwyn and other Places near adjacent in the County of Cornwall and upon or about the thirtieth day of November in the Year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the Year of our Lord 1645. at the Town of Leicester and also upon the fourteenth day of the same Month in the same Year at Nazeby-Field in the County of Northampton At which several Times and Places or most of them and at many other Places in this Land at several other times within the Years afore-mentioned and in the Year of our Lord 1646. He the said CHARLES STUART hath caused and procured many Thousands of the free People of this Nation to be slain and by Divisions Parties and Insurrections within this Land by Invasions from Foreign Parts endeavoured and procured by him and by many other evil ways and means He the said CHARLES STUART hath not only maintained and carried on the said War both by Land and Sea during the Year before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present Year 1648. in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and Places in England and Wales and also by Sea And particularly He the said CHARLES STUART hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by him or his Angels corrupted to the betraying of their Trust and revolting from the Parliament have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said CHARLES STUART Levied Continued and Renewed as aforesaid much innocent Blood of the free People of this Nation hath been spilt many Families have been undone the Publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast Expence and Dammage to the Nation incurred and many parts of this Land spoiled some of them even to desolation And for further Prosecution of his said evil Designs He the said CHARLES STUART doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreigners and to the E. of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said CHARLES STUART All which wicked Designs Wars and evil Practices of him the said CHARLES STVART have been and are carried on for the advancement and upholding of a Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that He the said CHARLES STVART hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Dammages and Mischiefs to this Nation acted and committed in the said Wars or occasioned thereby And the said John Cooke by Protestation saving on the behalf of the said People of England the liberty of exhibiting at any time hereafter any other Charge against the said CHARLES STVART and also of replying to the Answers which the said CHARLES STVART shall make to the Premises or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said CHARLES STVART as a Tyrant Traytor Murderer and a Publick and implacable Enemy to the Commonwealth of England and pray that the said CHARLES STVART King of England may be put to answer all and every the Premises and that such Proceedings Examinations Trials Sentences and Judgments may be thereupon had as shall be agreeable to Justice Subscribed John Cooke The Prisoner while the Charge was reading sate down in his Chair looking sometimes on the High Court and sometimes on the Galleries and rose again and turned about to behold the Guards Spectators and after sate down looking very sternly and with a Countenance not at all moved till these words viz. CHARLES STVART to be a Tyrant Traytor c. were read at which he laughed as he sate in the face of the Court. The Charge being read the Lord President in the Name of the Court demanded the Prisoner's Answer thereto But the Prisoner declining that fell into a Discourse of the late Treaty in the Isle of Wight and demanded By what lawful Authority he was brought from the Isle thither upbraiding the Court with the many unlawful Authorities in the World instancing in Robbers and takers of Purses pleading his Kingship and thereby a Trust committed to him by God by descent which he should betray together with the Liberties of the People in case he should answer to an unlawful Power which he charged the Court to be and that they were raised by an Vsurped Power and affirmed that He stood more for the Liberties of the People than any of the Judges there sitting and again demanded by what Authority he was brought thither To which it was replied by the Court That had he been pleased to have observed what was declared to him by the Court at his first coming and the Charge which he had heard read unto him he might have informed himself by what Authority he was brought before them namely By the Authority of the Commons of England Assembled in Parliament on the behalf of the People of England and did therefore again several times advise him to consider of a better Answer which he refused to do but persisted in his Contumacy Whereupon the Court at length told him That they did expect from him a Positive Answer to the Charge affirming their Authority and giving him to understand that they were upon God's and the Kingdom 's Errand and that the Peace stood for would be better had and kept when Justice was done and that was their present Work and advised him seriously to consider what he had to do at his next appearance which was declared should be upon Monday following and so remanded him to his former Custody The Prisoner all the time having kept on his Hat departed without shewing any the least respect to the Court but going out of the Bar said He did not fear that Bill pointing to the Table where the Sword and Charge lay The Prisoner being withdrawn three Proclamations were made and the Court Adjourned it self to the Painted Chamber on Monday Morning then next at Nine
of the Clock declaring that from thence they intended to Adjourn to the same Place again But that the Reader may have the entire Relation of this deplorable Tragedy I have from the most Authentick Prints inserted at large the interlocutory Passages between the King and Bradshaw of which Mr. Phelpes in his Journal gives only a succinct Account which take as follows His Majesty with his wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the Pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved Countenance and sometimes smiling especially at those Words Tyrant Traytor and the like Also the Silver Head of his Staff happened to fall off at which he wondered and seeing none to take it up He stooped for it himself The Charge being read Bradshaw began Sir You have now heard your Charge read containing such Matters as appear in it You find that in the Close of it it is prayed to the Court in the behalf of the Commons of England that you Answer to your Charge The Court expects your Answer King I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer Story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much Publick Faith as its possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and Treated honestly and uprightly I cannot say but they did very Nobly with Me We were upon a Conclusion of the Treaty Now I would know by what Authority I mean Lawful There are many Vnlawful Authorities in the World Thieves and Robbers by the High-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what Lawful Authority I shall Answer Remember I am your King your Lawful King and what Sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one Sin to a greater Therefore let me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray my Trust I have a Trust committed to me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve me that and you shall hear more of me Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the Name of the People of England of which you are Elected King to Answer King No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand Years Therefore let me know by what Authority I am called hither I do stand more for the Liberty of my People than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will Answer it otherwise I will not answer it Bradshaw Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir You have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take Charge of you back again The Court desires to know whether this be all the Answer you will give or no. King Sir I desire that you would give me and all the World satisfaction in this Let me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and my Country and I will do it to the last breath of my Body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an Vsurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie me in that and I will answer otherwise I betray my Trust and the Liberties of the People And therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any other ways Vnlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive my Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their Purpose is to Adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work King For Answer Let me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in Your Apprehension We are satisfied that are your Judges King 'T is not My Apprehension nor Yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take him away His Majesty only replied Well Sir And at his going down pointing with his Staff toward the Axe He said I do not fear that As He went down the Stairs the People in the Hall cried out God save the King notwithstanding some were set there by the Faction to lead the Clamour for Justice Painted Chamber 22 Jan. 1648. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court William Say John Downs Edward Whaley
next day being Tuesday at Twelve of the Clock to the Painted Chamber withal giving Notice that from thence they intended to Adjourn to this Place again Sunday having been spent in Fasting and Seditious Preaching according to the Mode of these Impious Hypocrites who used to Preface Rebellion and Murder with the Appearance of Religion the Illustrious Sufferer was as is before in Phelpe's Journal related placed before the infamous Tribunal vvhere their Mercenary Sollicitor Cooke opened the Tragick Scene thus displaying his Talents of Impudence and Treason Cooke May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give in to this Court a Charge of High Treason and other High Crimes against the Prisoner at the Bar whereof I do accuse him in the Name of the People of England and the Charge was read unto him and his Answer required My Lord He was not pleased to give an Ansvver but instead of ansvvering did there dispute the Authority of this High Court My Humble Motion to this High Court in the behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Ansvver either by vvay of Confession or Negation vvhich if he shall refuse to do that then the Matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshavv Sir You may remember at the last Court you vvere told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other High Crimes against this Realm of England you have heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such Proceedings might be had as should be agreeable to Justice You were then pleased to make some Scruples concerning the Authority of this Court and knew not by what Authority you were brought hither You did divers times propound your Questions and were as often answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call you to Account for those High and Capital Misdemeanors wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the vvhole Kingdom are to rest satisfied in and you are to rest satisfied vvith it and therefore you are to lose no more time but to give a positive Ansvver thereunto King When I was here last 't is very true I made that Question and if it were only my own particular Case I would have satisfied my self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be Tryed by any Superior Jurisdiction on Earth But it is not my Case alone it is the Freedom and the Liberty of the People of England and do you pretend what you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and my People next for the Preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All Proceedings against any Man whatsoever Bradshaw Sir I must interrupt you vvhich I vvould not do but that vvhat you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before vvhom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what your Answer is King Sir By your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer professed But I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a Belief upon any man without Reasons given for it it were unreasonable But I must tell you that by that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir The Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have Ruled and Reigned Sir You are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any Proceeding as Legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason Bradshaw Sir You have offered something to the Court I shall speak something unto you the Sense of the Court. Sir neither you nor any man are permitted to dispute that Point you are concluded you may not demur to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one Precedent Bradshaw Sir You ought not to interrupt while the Court is speaking to you This Point is
not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir By your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Bradshaw Sir You are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read CHARLES STVART King of England You have been accused on the behalf of the People of England of High Treason and other High Crimes the Court have determined that you ought to Answer the same King I will Answer the same so soon as I know by what Authority you do this Bradshaw If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give Me time for that Bradshaw Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we will give Order to Record your Default King You never heard my Reasons yet Bradshaw Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Bradshaw Sir We shew it you here The Commons of England and the next time you are brought you will know more of the Pleasure of the Court and it may be their final Determination King Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant Take away the Prisoner King Well Sir Remember that the King is not suffered to give in his Reasons for the Liberty and Freedom of all his Subjects Bradshaw Sir You are not to have Liberty to use this Language How great a Friend you have been to the Laws and Liberties of the People let all England and the World judge King Sir Vnder favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Arms against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge King Well Sir Then Bradshaw Ordered the Default to be Recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was Guarded forth to Sir Robert Cotton's House The Court Adjourned to the Painted Chamber on Tuesday at Twelve of the Clock and from thence they intend to Adjourn to Westminster-Hall at which time all Persons concerned are to give their Attendance His Majesty not being suffered to deliver his Reasons against the Jurisdiction of their Pretended Court by word of Mouth thought fit to leave them in Writing to the more impartial Judgment of Posterity as followeth HAving already made my Protestations not only against the Illegality of this Pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My Mouth upon this Occasion more than to refer my self to what I have spoken were I in this Case alone concerned But the Duty I owe to God in the Preservation of the True Liberty of My People will not suffer Me at this time to be silent For how can any Free-born Subject of England call Life or any thing he possesseth his own if Power without Right dayly make New and abrogate the Old Fundamental Law of the Land Which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these Grounds which hinder Me to answer to your Pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest Man in England For I will not like you without shewing a Reason seek to impose a Belief upon My Subjects There is no Proceeding just against any man but what is vvarranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident This Days Proceeding cannot be warranted by God's Law for on the contrary The Authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove And for the Question now in hand there it is said That Where the Word of a King is There is Power and who may say unto Him What dost Thou Eccl. 8.4 Then for the Law of this Land I am no less confident That no Learned Lawyer will affirm That An Impeachment can lie against the King they all going in His Name And one of their Maxims is That The King can do no Wrong Besides The Law upon which you ground your Proceedings must either be Old or New if Old shew it if New tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well knovvn to all Lavvyers I leave to God and the World to judge And it vvere full as strange that they should pretend to make Laws vvithout King or Lords House to any that have heard speak of the Lavvs of England And admitting but not granting That the People of England's Commission could grant your Pretended Power I see nothing you can shew for that for certainly you never asked the Question of the Tenth Man in the Kingdom and in this way you manifestly wrong even the Poorest Ploughman if you demand not his free Consent nor can you pretend any colour for this your Pretended Commission vvithout the Consent at least of the Major Part of every Man in England of vvhatsoever Quality or Condition vvhich I am sure you never vvent about to seek so far are you from having it Thus you see that I speak not for My ovvn Right alone as I am your King but also for the true Liberty of all My Subjects vvhich consists not in the Power of Government but in Living under such Laws such a Government as may give themselves the best Assurance of their Lives and Property of their Goods Nor in this must or do I forget the Privileges of Both Houses of Parliament vvhich this Days Proceedings do not only violate but likevvise occasion the greatest Breach of their Publick Faith that I believe ever vvas heard of with which I am far from Charging the Two Houses for all Pretended Crimes laid against Me bear Date long before this Treaty at Newport
Prisoner in mind of former Proceedings and that although by the Rules of Justice if Advantage were taken of his past Contempts nothing would remain but to pronounce Judgment against him they had nevertheless determined to give him leave to Answer his Charge which as was told him in plain terms for Justice knew no respect of Persons to plead Guilty or Not Guilty thereto To which he made Answer as formerly That he would not acknowledge the Jurisdiction of the Court and that it was against the Fundamental Laws of the Kingdom that there was no Law to make a King a Prisoner that he had done nothing against his Trust and issued out into such like Discourses Upon which the Courts Resolution was again remembred to him and he told That he had now the third time publickly disowned and affronted the Court That how good a Preserver he had been of the Fundamental Laws and Freedoms of the People his Actions had spoken that mens Intentions were used to be shewed by their Actions and that he had written his Meaning in bloody Characters throughout the Kingdom and that he should find at last though at present he would not understand it that he was before a Court of Justice Hereupon in the manner appointed the Clerk in the Name of the Court demanding the Prisoners Answer to his Charge and the same refused the Default was Recorded the Prisoner remanded and the Court Adjourned to the Painted Chamber Painted Chamber The Court according to their former Adjournment from Westminster-Hall came together from thence into the Painted Chamber where they sate privately and Ordered as followeth Ordered That no Commissioner ought or shall depart from the Court without the special leave of the said Court This Court took into consideration the managing of the Business of the Court this day in the Hall and the King's Refusal to Answer notwithstanding he had been three several times demanded and required thereunto and have thereupon fully approved of what on the Courts part had then passed and Resolved That Notwithstanding the said Contumacy of the King and refusal to plead which in Law amounts to a standing mute and tacit Confession of the Charge and notwithstanding the Notoriety of the Fact charged the Court would nevertheless however examine Witnesses for the further and clearer satisfaction of their own Judgments and Consciences the manner of whose Examination was referred to further Consideration the next Sitting and Warrants were accordingly issued forth for summoning of Witnesses Mr. Peters moveth the Court as a Messenger from the King viz. That the King desires he might speak with his Chaplains that came unto him privately but the House of Commons having taken that into their Consideration the Court conceived it not proper for them to intermeddle therein The Court Adjourned it self till Nine of the Clock to morrow morning to this Place What passed in the Hall more at large than is related by Phelpes in this Days Transactions see in the following Discourse The King being 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 Cooke May it please your Lordship My Lord President This is now the third time that by the great Grace and Favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute paid him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defiance 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 instead of making any Answer he did then dispute the Authority of this High Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being Yesterday I did humbly move that he might be required to give a direct and positive Answer either by Denying or Confession of it But my Lord he was then pleased for to Demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord Besides this great Delay of Justice I shall now humbly move your Lordship for speedy 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 Councel 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
in the said Charge set forth and that the said War hath been Levied maintained and continued by him as aforesaid in prosecution and for accomplishment of the said Designs And that he hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of High Treason and of the Murthers Rapines Burnings Spoils Desolations Dammage and Mischief to this Nation acted and committed in the said War and occasioned thereby For all which Treasons and Crimes this Court doth adjudge That he the said CHARLES STVART as a Tyrant Traytor Murtherer and Publick Enemy to the good People of this Nation shall be put to Death by the severing of his Head from his Body This Sentence being read the President spake as followeth The Sentence now Read and Published is the Act Sentence Judgment and Resolution of the whole Court Whereupon the whole Court stood up and owned it The Prisoner being withdrawn the Court Adjourned it self forthwith into the Painted Chamber The Court being sate in the Painted Chamber according to Adjournment from Westminster-Hall aforesaid Painted Chamber Commissioners present John Bradshaw Serjeant at Law Lord President John Lisle William Say Oliver Cromwell Henry Ireton Sir Hardress Waller Thomas Waite Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. John Downes Henry Marten John Berkstead Matthew Tomlinson Gilbert Millington John Blackistone Sir William Constable Bar. John Hutchinson Sir Michael Livesey Bar. John Dixwell James Temple Tho. Andrews Ald. of Lond. Anthony Stapeley Tho. Hamond Peter Temple Edmund Ludlow Robert Tichbourne Nicholas Love Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Simon Meyne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. John Venn Thomas Scott Edmund Harvey William Cawley Thomas Horton Augustine Garland Daniel Blagrave Sir Hardress Waller Col. Harrison Commissary Gen. Ireton Col. Deane and Col. Okey are appointed to consider of the Time and Place for the Execution of the Sentence against the King And then the Court Adjourned it self till Monday Morning at Eight of the Clock to this Place The more full Account of this Days Action take as follows The King being come in in his wonted Posture with his Hat on some of the Soldiers began to call for Justice Justice and Execution But Silence being Commanded His Majesty began I desire a Word to be heard a little and I hope I shall give no occasion of Interruption Bradshaw Sawcily 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 pointed 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 mans 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 Supream 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 thought 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 Honour 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 before Sentence be given that I may be heard in the Painted Chamber before the
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 Countrey 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 alledging the Examples of former Treasons and Rebellions both at home and abroad as authentick Proofs and concluding that the King was a Tyrant Traytor 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 haue not owned us as a Court and you look upon us as a sort of People met together and we know what Language we receive from your Party King I know nothing of that 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 heinous 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 leastwise upon your better part Truly Sir for the other it is our Parts and Duties to do that 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 Traytor Tyrant a Murtherer and a Publick Enemy to the Country 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 STVART King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the behalf of the 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 Traytor Murderer and a Publick Enemy shall be put to Death by the severing of his Head from his Body Which being read Bradshaw added The Sentence now Read and Published 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 His Majesty being taken away by the Guard as he passed down the Stairs the insolent Soldiers scoffed at him casting the smoke of their Tobacco a thing very distastful unto him in his Face and throwing their Pipes in his way And one more insolent than the rest spitting in his Face his Majesty according to his wonted Heroick Patience took no more notice of so strange and barbarous an Indignity than to wipe it off with his Handkerchief As he passed along hearing the Rabble of Soldiers crying out Justice Justice he said Poor Souls for a piece of Money they would do so for their Commanders Being brought first to Sir Robert
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 Bloodshed 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 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 wish that they may repent for indeed they have committed a great Sin in that Particular I pray God with St. Stephen that this be not laid to their Charge Nay not only so but that they may take the right way to the Peace of the Kingdom For my Charity commands me not only to forgive particular men but my Charity commands me to endeavour to the last gasp the Peace of the Kingdom So Sirs I do wish with all my Soul and I do hope there is some here will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way First You are out of the way For certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest Certainly this is an ill way for Conquest Sir in my opinion is never just except there be a good just Cause either for matter of wrong or just Title and then if you go beyond it the first Quarrel that you have to it that makes it unjust at the end that was just at the first But if it be only matter of Conquest then it is a great Robbery as a Pyrate said to Alexander the Great That he was the great Robber he was but a petty Robber And so Sir I do think the way that you are in is much out of the way Now Sir for to put you in the way believe it you will never do right nor God will never prosper you until you give God his Due the King his Due that is My Successors and the People their Due I am as much for Them as any of you You must give God his Due by Regulating rightly his Church according to his Scripture which is now out of Order For to set you in a way particularly now I cannot but only this a National Synod freely Called freely Debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Axe he said Hurt not the Axe that may hurt me For the King The Laws of the Land will clearly instruct you for that therefore because it concerns my own Particular I only give you a Touch of it For the People And truly I desire their Liberty and Freedom as much as any body whomsoever but I must tell you that their Liberty and Freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them a Subject and a Sovereign are clear different things And therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves Sirs it was for this that now I am come here If I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your Charge that I am the MARTYR of the People In troth Sirs I shall not hold you much longer for I will only say this to you That in truth I could have desired some little time longer because that I would have put this that I have said in little more order and a little better digested than I have done and therefore I hope you will excuse me I have delivered my Conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then the Bishop said Though it be very well known what your Majesties Affections are to the Protestant Religion yet it may be expected that You should say somewhat for the Worlds satisfaction in that Particular Whereupon the King replied I thank you very heartily My Lord for that I had almost forgotten it In troth Sirs My Conscience in Religion I think is very well known to all the World and therefore I declare before you all That I die a Christian according to the Profession of the Church of England as I found it left me by my Father and this honest man I think will witness it Then turning to the Officers He said Sirs Excuse me for this same I have a good Cause and I have a gracious God I will say no more Then to Col. Hacker he said Take care that they do not put me to pain And Sir this and it please you But a Gentleman coming near the Axe the King said Take heed of the Axe pray take heed of the Axe And to the Executioner he said I shall say but very short Prayers and when I thrust out my hands Then he called to the Bishop for his Cap and having put it on asked the Executioner Does my Hair trouble you Who desired him to put it all under his Cap which as he was doing by the help of the Bishop and the Executioner he turned to the Bishop and said I have a good Cause and a gracious God on my side The Bishop said There is but one Stage more which though turbulent and troublesome yet it is a very short one you may consider it will soon carry you a very great way it will carry you from Earth to Heaven and there you shall find to your great Joy the Prize you hasten to a Crown of Glory The King adjoyns I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Bishop You are exchanged from a Temporal to an Eternal Crown A good