decline it since I say If that which I shall propound be not for the peace of the Kingdome 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 President Sir This is not altogether new that you have offered unto us I say it is not altogether new unto us although it be the first time that 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 President I understand you well enough Sir Nevertheless that which you have propounded seems to be contrary to that which you have said for the Court are ready to proceed to 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 Court daies together to hear what you would answer to the peoples charge against you to which you have not vouchsafed to give any answer at all Sir this doth tend to a further delay and truly Sir Such delays as these neither may the Kingdom nor Justice admit You have had the advantage of three several dayes to have offered in this kind what you were pleased to have propounded to the Lords and Commons This Court is founded upon the Authority of the Commons of England in whom resteth the Supream Jurisdiction That which you now tender to the Court is to be tried by another Jurisdiction a co-ordinate Jurisdiction I know very well how you have expressed your self and that notwithstanding what you would propound to the Lords and Commons yet neverthesess you would proceed on here I did hear you say so but Sir That which you would offer there whatsoever it be must needs be in delay of Justice here so as if this Court be resolved and prepared for the sentence they are bound in Justice not to grant that which you so much desire but Sir according to your desire and because you shall know the full pleasure of the Court upon that which you have moved the Court shall withdraw for a time King Shall I withdraw President Sir you shall know the the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms the Court gives you command that the prisoner withdraw and that about half an hour hence the prisoner be returned again The time being expired the Court returned and the Lord President commanded the Serjeant at Arms to send for his prisoner The King being come attended with his Guard The Lord President said unto him Sir you were pleased to make a motion here to the Court concerning the desire you had to propound something to the Lord◠and Commons in the Painted Chamber for the peace of the Kingdome Sir you did in effect receive an Answer before the Court adjourned Truely Sir their adjournment and withdrawing was pro formâ tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you moved and have considered of their own Authority which is grounded as it hath been often said upon the Supream Authority of the Commons of England Assembled in Parliament The Court doth act according to their Commission Sir I have received an express Order from the Court to acquaint you that they have been too much delayed by you already and that this which you have now offered hath occasioned some little further delay they are Judges appointed by the highest Judges and Judges are no more to delay than they are to deny Justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferremus justitiam There must be no delay but Sir the Truth is and so every man here observes it that you have much delayed them by your contempt and default for which long since they might have proceeded to judgement against you therefore notwithstanding what you have offered they are resolved to proceed to punishment and to judgement and this is their unanimous resolution King Sir I see it is in vain for me to dispute I am no Sceptick to doubt or to deny the power that you have I do know that you have power enough Sir I confess I do believe it would have been advantagious to the peace of the Kingdom if you would have been pleased to take the pains to shew the lawfulness of your power As for this delay which I have desired I do confesse it is a delay but it is a delay that is important for the peace of the Kingdom It is not my person that I look on alone It is the welfare of the Kingdom the peace of the Kingdome It is an old saying that we should think on long but perform great matters suddenly Therefore Sir I do say again I do put at your doors all the inconveniences of a hasty sentence I have been here now a full week this day eight dayes was the day in which I made in this place my first appearance The short respite but of a day or two longer may give peace unto the Nation whereas an hasty jugdement may bring such a perpetual trouble and inconvenience upon it that is the Child unborn may repent it And therefore once more 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 place that you will appoint me President Sir you have been already answered to what you have moved it being the same motion which you made before for which you have had the resolution and the judgement of the Court in it and the Court would now be satisfied from you whether you have any more to say for your selfe then you have yet said before they proceed to sentence King I say this Sir that if you will but hear me and give me this delay I doubt not but I shall give some satisfaction to all that are present and to my people that are absent and therefore I require you as you will answer it at the dreadfull day of Judgement that you will once again take it into your consideration President Sir I have received instructions from the Court. King Well Sir President If this must be reinforced or any thing of this nature your answer must be the same as it was before and they will proceed to sentence if you have no more to say King Sir I have nothing more to say onely I desire that this may be entred what I have said President The Court Sir then hath something else to say to you which although I know will be very unwelcom yet notwithstanding they are resolved to discharge their duty Sir you have spoken very well of a precious thing that you call a peace and it were much to be wished that God had put it
of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedom consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A â—ubject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I Pray God it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shall onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little better order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my conscience in Religion I think is already very well known to all the world and therefore I declare before you all that I die a Christian according to the profession of the Church of England as I found it left by my father and this honest man I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for the Nightcap and having put it on he said to the Executioner will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a Gratious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall finde great Joy and Solace King I go from a corruptible to an incorruptable Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the executioner Is my haire as it should be He then did put off his cloak and his George which he gave to Doctor Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the block he said unto the Executioner you should make it to be steddie Execut. It is so King It might have been something higher Execut. It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooped down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the signe Execut. So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi THE Illegall proceedings against the honourable Colonell John Penruddock of Comppton in Wiltshire and his Speech Which he delivered the day before he was beheaded in the Castle of Exon being the 16 day of May 1655 to a Gentleman whom he desired to publish them after his death Together with his prayer upon the Scaffold and the last Letter he received from his verteous Lady with his answer to the same Also the speech of that Piously resolved Gentlemen Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded there the same day Printed by order of the Gent. intrusted 1660. Col. Penruddock being writ to by a friend for an account of his triall writ as followeth SIR THough I received your desires something too late it being but two days before notice given me from the Sheriff of the day of my expiration for I cannot call this an execution it being for such a cause yet in order to your satisfaction I have borrowed so much time from my more serious Meditations as to give you this short account of my Triall wherein you must excuse both the brevity and imperfections it being but the issues of a bad memory UPon Thursday the 19. April 1655. the Commissioners of Oyer and Terminer being sate in the Castle of Exon summoned before them my self Mr. Huge Grove Mr. Richard Reeves Mr. Robert Duke Mr. George Duke Mr. Thomas Fitz-James Mr. Francis Jones Mr. Edward Davis Mr. Thomas Poulton and Mr. Francis Bennet Being all called to the Barre we were commanded to hold up our hands and an Indictment of high treason was read against us and being asked whether we would plead guilty or not guilty to the Indictment in the behalf of my self and of the Gentlemen therein charged I spake as followeth Col. Penruddock My Lords though my education hath been such as not to give me those advantages which the knowledge of the Laws would assisted me with
The Oglio of Traytors Including the Illegal Tryall of his late MAIESTY With a Catalogue of their names that sat as Judges and consented to the Judgment With his MAJESTIES Reasons against their usurped power and his late speech To which is now added the severall depositions of the pretended Witnesses as it is Printed in the French Coppy With the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed As also the speech of that resolved Gentleman Mr. Hugh Grove of Chissenbury Esquire who was beheaded the same day not before Printed London Printed by T. M. for William Shears at the Bible in Bedford street The First Dayes Proceeding of the High Court of Justice c. THe Triall and the Execution of the last King of England being still as much the wonder as the discourse of Christendome I shall endeavour to represent it to you with the exactest faithfullnesse that can possibly be desired and although others have gone before me on the same subject by the benifit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunall of Justice sitting at Whitehall in Westminster Serjeant Bradshaw being President and about seventy other persons elected to be his Judges being present the Cryer of the Court having proclaimed his O yes to invite the people to attention silence was commanded and the Ordinance of the Commans in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof â—â—â—sing as they were called The King came into the Court his head covered Serjeant Dendy being remarkable by the Authority of his Mace did usher him in Colonel Hatcher and about thirty Officers and Gentlemen did attend him as his Guard The Court being sat the Lord President Bradshaw speak thus unto him Charles Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happned to this Nation and of the innocent bloud spilt of which you are accused to be the Author have both according to their office which they ow to God this Nation and themselves according to the power fundamental faith intrusted with them by the people Constituted this Supream Court of Justice before which you are now brought to hear your Charge on which this Court will proceed Mr. Crook the Solliciter Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charles Stuart here present as guilty of Treason and other great defaults and in the name of the Commons of England I require that his charge may be read unto him The King Stay alittle L. President Sir the Court hath given order that the Charge shall be read If you have any thing afterwards to plead for your self you may be heard Hereupon the Charge was read THat the said Charles Stuart being admitted King of England and therein trusted with a limmitted 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 Kights and Libirâ—ies yet neverthelesse out of a wicked Designe to erect and uphold in himselfe and 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 all the redress and remedy of misgovernment which by the fundamental constitutions of this Kingdome were reserved on the peoples behalfe in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charles Stuart for accomplishment of such his designes and for the protecting of himself and his adherents in his and their wicked practises to the same ends hath traterously and maliciously leavied war against the present Parliament and the people therein represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the 30. day of July in the year aforesaid in the County of the City of York and upon or about the 24. day of August in the same year at the County of the town of Nottingham when and were he set up his Standard of war And also on or about the twenty third â—ay of October in the same year at Edghill and Kenton field in the County of Warwick and upon or aboue the thirtieth day of November in thet same year at Brainchford in the County of Midalesex 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 neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloster 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 thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Boamin 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 Newbery aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester And also upon the fourteenth day of the same month in the same year at Naseby field in the County of Norhampton At which severall times and places or most of them and at many other places in the Land at severall other times within the year afore mentioned And in the year of our Lord One thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free-people of the nation to be slain and by Divisions parties and insurrections within this land by invasions from Forragine parts endeavoured and procured by him and by many other evill wayes and meanes He the said Charles Stuart hath not onely maintained carried on the said War both by land and sea during the year before mentioned but also hath renewed or caused to be renewed the said war against the Parliament and good people of this Nation in this present year One thousand six hundred fourty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other Counties 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
their consideration how to proceed against you In the mean time they who brought you hither shall return you back again The Court desireth to be satisfied whether this be all the Answer that you will give them or not King I desire that you would resolve me and all the world in this one particular Give me leave to acquaint you that it is a thing of no small importance which you go about I am sworn to keep the peace according to the duty which I ow to God and to my Land and I will here perform it to the last breath of my Body you shall therefore do well first to satisfie God and afterwards the Land by what Authority you do this If you do it by an usurped Authority you cannot defend it God who sitteth in the Heavens will call you and all those who have conferred this power on you to give him an account of it Satisfie me in this and I shall answer you for otherwise I should betray the Faith committed to me and the liberties of my people Wherefore consider of it and I shall be willing to answer you For I do profess it is as great a sin to resist a lawfull Authority as to submit unto a Tyrannicall or any other unlawfull authority wherefore resolve me in this particular and you shall receive my Answer L. President Bradshaw The Court expecteth that you should give them a final Answer and will adjourn untill Munday next If you cannot satisfie your self although we tell you our Authority our Authority will satisfie our selves And it is according to the Authority of God and and the Kingdome and the Peace of which you speak shall be preserved in the Administration of Justice and that is our present work King I give you this for my Answer you have not shewn me any lawfull Authority which may satisfie any reasonable man L. President Bradshaw It is only your apprehension we are fully satisfied who are your Judges King It is not my apprehension nor yours which ought to determine this L. President Bradshaw The Court hath heard you and disposed of you accordingly as their discretions have thought expedient The Court adjourneth to the Painted Chamber untill Munday at ten of the clock in the morning and from thence hither Something that was ominous ought not to be passed by in silence when the Charge was read against the King the silver head of his staff did full off which he much did wonder at and observing no man so officious to assist him he stooping towards the ground did take it up himself As the King returned looking on the Court he said I fear not thee meaning the Sword As he came down the staires the people who were in the Hall cryed out some of them God save the King but the greater part Justice Justice The second dayes proceeding against the King January 22 c. THe Cryer having thrice pronounced his Oyes and silence commanded after that the Judges were called and every one did particulary answer to his Name Silence was again commanded under pain of imprisonment and the Captain of the Guards was ordered to apprehended any that should endeavour to make a tumult At the commanding of the King into the Court there was a great shout and the Court commanded the Captain of the Guards to apprehend and imprison those who should make either a noise or tumult The Court being sat the Sollicitor turning to the President said May it Please your Lordship my Lord President In the former Court on Saturday in the Name of the Commons of England I exhibited and offered to this Tribunal the charg of high Treasons and other grievous crimes against the Prisoner with which I did charge him In the Name of the People of England and his charge was read and his Answer demanded My Lord It pleased him at that time tâ— return no answer at all but instead of answering he questioned the Authority of the High Court My most humble motion to this High Court in the Name of the people of the Kingdome of England is that the prisoner may be compelled to give a positive answer either by way of Confession or Negation which if he shal refuse that the subject of his Charge may be taken for granted the Court proceed acording to iustice L. President Sir you may remember that on the last convention of this Court the cause was expounded to you for which you were brought hither and you heard the charge against you read it being a charge of High Treason and other grievous crimes against the Kingdom of England you heard likewise that it was required in the Name of the people that you should answer to your charge that there should be a proceeding thereon as should be agreable unto Justice you were then pleased to move some scruples concerning the authority of this Court and you desired to be satisfied in your knowledge by what authority you were brought hither you severall times did propound your questions and it was often answered to you that it was by authority of the Commons of England assembled in Parliament who did iudge it requisite to call you to an account for the great and greivous crimes of which you are accused After that the Court did take into their serious consideration those things which you objected and they are fully satisfied in their authority and do conceive it requisite that you should admit it they therefore require that you give a positive and a particular Answer to the charge exhibited against you they do expect that you should either confesse or deny it If you shall deny it it will be proved in the behalfe of the Kingdome the whole world doth approve of their Authority So that the Kingdome is satisfied and you ought thereby to be satisfied your self you ought not therefore to waste time but to give your positive answer King It is true that when I was last here I moved that question and indeed if if it where onely my businesse in particular I should have satisfied my selfe with that protestation I then interposed against the lawfulnesse of this Court and that a King cannot be judged by any superiour jurisdiction on earth but my on interests are not only involved in it but the liberties also of the people of England and pretend what you will I doe indeavor more for their liberties than any whatsoever For if Power without laws can make laws change the Fundamentall laws of the Kingdome I know not what subject in England can be secure of his life or of any thing which he doth call his own Wherefore when I came hither I expected particular reasons that I might understand by what law and what Authority you would proceed against me I should then perceive what most especially I have to say unto you for the affirmative is to be proved which seldome the Negative is capable of but because I cannot perswade you thus I will give you my Reason as briefly as
I can The Reasons for which in conscience and duty which I ow first unto God and afterwards to my people for the preservation of their lives their liberties and their fortunes I believe I cannot answer untill I am satisfied of your legality of it All proceeding against any man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceeding of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appeare a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunall of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law and reason and although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England than you are and if I should believe any man without he gives me Reasons what he saith It would be abused but I say unto you that the Reasons which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you spake of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you dispute against our Authority This again hath been told you by the Court. Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Professe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir it is not lawfull for you or any man else to dispute against this subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunall If you shall yet do it I must intimate unto you that they are above objections They set here by Authority of the Commons of England and all your Predecessors and you your selfe are bound to be accountable to them King I sdeny that shew me one example L. President Sir you ought not to interrupt but attend whilst the Court speakes unto you This subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of judicature and I would fain know how they came to be made so now President Sir it is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charles Stuard King of England you have been accused in the Name of the people of England of High Treason and other grievous Crimes The Court hath determined that you shal answer to your charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speake Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir it is not for prisoners to demand King Prisoners Sir I am no ordinary prisoner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supreme Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir we shew it you here the Commons of England and the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisoner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the laws and the Liberties of the people let England and all the world judge King Sir by your leave I have alwayes loved the Liberty the Immunities Laws of the subjects If I have defended myself by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what hour they intended to adjourn again to Westminster-hal where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Genrall turning to the L. President spake in these words May it please your Lordship This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannical Government and set up his standard of warre against his Parliament and his people and I did humbly pray in the behalf of the people of England that he might speedily be required to make an answer to his charge But my Lord instead of making an answer he
did then dispute the Authority of this Tribunal and your Lordship being pleased to give him a further day to put in his answer which was yesterday I did move againe that he might be required to put in a direct and positive answer to his charge either by denying or confessing it but he was then pleased to debate the Jurisdiction of the Court although he was commanded to give a positive answer My Lord by reason of this great delay of Justice I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land that if a prisoner shall stand in contempt and not plead guilty or not guilty to the charge given against him it by an implicite confession ought to be taken pro confesso as I may instance in divers who have deserved more favor then the prisoner at the Bar hath done But I shall presse upon the whole fact The House of Commons the Supream Authority of the Kingdome have declared my Lord that it is notorious The matter of the charge is true and clear as chrystall or as the Sun that shineth at Noon day in which my Lord President if your Lordship and the Court be not satisfied I have severall witnesses on the behalf of the people of England to produce and therefore I do humbly pray and not so much I as the innocent blood that hath been shed the cry whereof is great for Justice and Judgement that speedy Judgement may be pronounced against the prisoner at the Bar. President Sir you have heard what hath been moved by Mr. Sollicitor on the behalfe of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget the delayes which you have made You have been pleased to propound some Questions and amply you have had your resolution on them you have been often told that the Court did affirm their own jurisdiction that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did deport your self in that manner that you gave no obedience nor did acknowledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice Sir the Court gives you to understand that they are very sensible of these demurres and that being thus authorised by the High Court of England they ought not to be trifled withall especially seeing if they please they may take advantage of these delayes and according to the rules of Justice proceed and pronounce Judgement against you Neverthelesse they are so favourable as to give direction to me and therefore on their behalfe I do require you to make a positive answer to this charge that hath been read against you Justice knows no respect of persons You are to give your positive and finall Answer in plain English whether guilty or not guilty of the Treason laid to your charge The King having meditated a little did answer in these words When I was here yesterday I desired to speak for the Liberties of the people of England I desire yet to know whether without interruption I may speak freely or not President Sir on the like Question you had yesterday the resolution of this Court you were told that having a charge of so high a nature against you your work was to acknowledge the Jurisdiction of the Court and to answer the charge after you have done that you shall be heard at large to make what defence you can for your self but Sir the Court commands me to make known unto you that you are not permited to run into any other discourses untill such time that you have returned a positive Answer to the matter that is charged upon you King I value not the charge a rush It is the Liberty of the people of England that I stand for For me who am your King and should be an example to all the Courts in England to uphold Justice and maintain the old Laws for me I say to acknowledge a new Court that I never heard of before is a thing that I knowe not how to do You did speak very well on the first day I came hither concerning the obligations that I have laid upon me by God for the maintenance of the Liberties of my people I do acknowledge that I do ow the same obligations to God and my people to defend as much as in me lies the ancient Laws of the Kingdome therefore untill I be satisfied that it is not against the fundamental Laws of the Kingdome I can put in no particulars to the Charge If you will give me time I will shew you my Reasons wherefore I cannot do it and Here being interrupted he said By your favour you ought not to interrupt me How I came here I do not know There is no law to make your King your prisoners I was in a Treaty upon the publick faith of the Kingdome that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaties I was hurried away and brought thither and therefore I would President Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to run into these discourses you appear here as a Delinquent you have not acknowledged the Authority of the Court the Court once more doth command you to give your positive Answer M Broughton Do your Duty King Duty Sir M. Broughton reads Charls Stuart King of England you are accused in the behalfe of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your positive and finall answer either by way of confession or by deniall of the Charge King Sir I say againe unto you If thereby I may give satisfaction to the people of England of the uprightnes of my proceedings not by way of answer but to satisfie them that I have done nothing against that trust that hath been committed to me I would do it but to acknowledge a new Court against their priviledges to alter the Fundamentall Laws of the Kingdome you must excuse me if I shall refuse to do it President Sir This is the third time that you have publiquely disowned this Court and put an affront upon it How far you have preserved the priviledges of the People your actions have spoke And truly Sir If mens intentions can be known by their actions you have written your intentions in bloody Characters throughout the whole Kingdome But Sir you are to understand the pleasure of the Court Clerk Record the default And Gentlemen you that are a guard to the prisoner take him back again King I will onely adde this one word If it were onely my own particular
they intend to do yet wee do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to your selfe and that according to the merit of your offence although God should permit those men to effect all their bloody designs in in hand against us Sir we will say and will declare it as those Children in the fiery furnace who refused to worship the Golden Image that Nabuchadonazer had set up That their God was able to deliver them from the danger they were neer unto but if he did not deliver them yet they would not fall down and worship the golden Image We shall make this application of it That though we should not be delivered from those bloody hands hearts who conspire the overthrow of the Kingdom in generall and of our selves in particular for being actors in this great work of Justice though I say we should perish in the work yet by the grace in the strength of God we are resolved to go on with it And those are the intire resolutions of us all Sir I say for your selfe that we do heartily wish and desire that God would be pleased to give you a sense of your sins that you may see wherein you have done amisse and that you may cry unto him that God would deliver you from bloody-guiltinesse A good King David by Name was once guilty of that particular guilt he was otherwise upright saving in the matter of Vriath Truly Sir the History doth represent unto us that he was a repentant King and he had died for his sinne but that God was pleased to be indulgent to him and to grant him his pardon Thou shalt not die saith the prophet but the child shall die Thou hast given cause to the Enemies of God to blaspheme King I would onely desire to be heard but one word before you give sentence and it is that to satisfie the world when I am dead you would but heare me concerning those great Imputations which you have laid unto my charge President Sir you must now give me leave to proceed for I am not far from your Sentence and your time is now past King I shall desire you that you will take these few words into your consideration For what soever sentence you shall pronounce against me in respect of those heavy imputations which I finde you have laid to my charge yet Sir It is most true that President Sir I must put you in minde I must Sir although at this time especially I would not willingly interrupt you in any thing you have to say which is proper for us to admit but Sir you have not owned us as a Court and you looke upon us as a sort of people huddled together and we know not what uncivill language we receive from your party King I know nothing of that President You disavow us as a Court and therefore for you to addresse your selfe to us whom you do not acknowledge to be a Court for us I say to judge what you shall speake is not to be permitted and the truth is all along from the to disavow and disown us The Court needed not to have heard you one word for unless they be acknowledged a Court and ingaged it is not proper for you to speak Sir We have given you too large an indulgence of time already and admitted so much delay that we may not admit of any more If it were proper for us we should heare you very freely not decline to hear the most that you could speake to the greatest advantage for your self whether it were totall or but in part excusing those great and hainous charges which are laid upon you But I shall trouble you no longer your sins are of so large a demension that if you do but seriously think of them they will drive you into a sad consideration and we wish that they may improve in you a sad and serious repentance And it is the desire of the Court that you may be so penitent for what you have done amisse that God may at least have mercy on your better part As for the other it is our part and duties to doe that which the law prescribeth we are not now here jus dare but jus dicere we cannot be unmindfull of what the word of God tels us To acquit the guilty is of an equall abomination as to condemn the Innocent we may not acquit the guilty What sentence the law pronounceth to a traytor a tyrant a murtherer and a publike enemy to the Country that sentence you are now to hear read unto you and that is the Sentence of the Court. Hereupon the Lord President commanded the Sentence to be read whereupon M. King who was Cryer of the Court having commanded silence by his Oyes the Clerke read the sentence which was drawn up in Parchment and did run in these words Whereas the Commons of England in Parliament had appointed them an High Court of Justice for the tryall of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the be halfe of the Kingdome of England which Charge followeth in these words This Charge being read said the Clerk Charls Stuard was required to give his answer which he refused to do but expressed these passages and many more such as these are in refusing to answer The Clerk having repeated many passages during the time of his triall in which the King shewed an aversenesse to acknowledge the Court did proceed to read the Sentence which was in these words For all which Treasons and Crimes this Court doth adjudge that the said Charls Stuart as a Tyrant Traytor Murtherer and a publike Enemy shall be put to death by severing his Head from his Body The Sentence being read the Lord President said This Sentence now read and published is the Act Sentence Judgement and resolution of the whole Court Hereupon the Court stood up as assenting to what the President said King Will you hear me one word Sir President Sir you are not to be heard after the Sentence King No Sir President No Sir by your favour Sir Guard withdraw your Prisoner King I may speak after the sentence By your favour Sir I may speak after Sentence ever The Guard drawing to him he said unto them by your favour hold and turning to the President he said the Sentence Sir I say Sir I do but being not permitted to proceed he said I am not suffered to speak expect what Justice other people will have Cryer All manner of persons that have any thing else to do are to depart at this time and to give their attendance in the Painted Chamber to which place this Court doth forthwith adjourn it self Then the Court arose and the Kings guard did bring him to Sir Rohert Cottons house and he was afterwards conducted to Saint Jameses
Sir Thomas Maleverer Sir John Bourcher Isaac Pennington Henry Martin William Purifoye John Barkstead Gilbert Millington Thomas Chaloner Matthew Tomlinson John Blakeston Sir William Constable Edmund Ludlow John Hutchison Sir Michael Levesey Robert Titchburne Owen Roe Robert Lilburne Adrian Scroop Richard Dean John Okey John Harrison John Hewson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregrine Pelham Thomas Wogan Frances Allen. Daniel Blagrave John Moor. William Say Francis Lascels John Chaloner Gregory Clement Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Lisle John Brown John Dixwell Miles Corbet Simon Menyne John Alured Henry Smith Humphrey Edwards John Frye Edmund Harvey Thomas Scot. William Cawley John Downes Thomas Hammond Vincent Potter Augustine Garland Charles Fleetwood John Temple Thomas Wayte Counsellours assistant to this Court and to draw up the Charge against the KING were Doctor Dorislaus Mr. Aske Mr. John Cooke Solicitor Serjeant Denby Serjeant at Armes M Broughton M. Phelpes Clerks to the Court. Colonel Humfrey Sword bearer Messengers Door-keepers and Cryers were these Mr. Walford Mr. Radley Mr. Paine Mr. Powell Mr. Hull Mr. King The SENTENCE against the said KING January the 27 th 1648. which was read by Mr. Broughton aforesaid Clerk WHereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryall 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 Kingdome of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was required to give his Answer but he refused so to do and so exprest severall passages at his Tryall in refusing to answer For all which Treasons and Crims this Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publick enemy shall be put to death by fevering his head from his body This Sentence sayes the President now read and published is the act Sentence Judgement and Resolution of the whole Court. To which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speake but he was instantly commanded to be taken away and the Court broke up The true manner of proceeding to take off the Kings Head according to the Sentence given as a foresaid Sir Hardress Waller Collonel Harrison Commissary General Ireton Colonel Dean and Colonel Okey were appointed to consider of the Time and Place for the Exceution of the King according to his Sentence given by the pretended High Court of Justice Painted Chamber Monday January the 29 th 1648. VPon Report made from the Committee for considering of the Time and place of the Executing of the Judgement against the King that the said Committee have Resolved That the open street before White-hal is a fit place And the said Committee conceive it fit That the King be there executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn to that purpose which Warrant was accordingly drawn and agreed to and Ordred to be ingrossed which was done and signed and sealed according as followeth At the High Court of Justice for the Trying and Judging of King CHARLES the I. of England January 29. 1648. VVHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other Crimes and Sentence on Saturday last was pronounced against him by this Court to be put to Death by severing his head from his body of which Sentence Execution yet remaineth to be done These are therefore to will an require you to see the said Sentence Executed in the open street before Whitehall upon the morrow being the 30. day of this instant Moneth of January between the hours of Ten in the morning and Five in the afternoon of the same day with full effect and for so doing This shall be your sufficient Warrant and these are to require all Officers and Soldiers and other the good people of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Huncks and Lievtenant Colonel Phray and to every of them Given under our hands and Seals Sealed and Subscribed by John Bradshaw President Thomas Gray Oliver Cromwell Edward Whaley John Okey John Danvers Mich. Lievesey John Bourcher Hen Ireton Tho Maleverer Jo Blackeston Jo Hutchison William Goffe Tho. Pride Henry Smith Vincent Potter William Constable Rich Ingoldsby Will. Cawley John Barkstead Isaac Ewer Val. Walton Peter Temple Tho. Harrison John Hewson Per. Pelham Richard Dean Rob. Tichburn Hump Edwards Dan. Blagrave Owen Roe Will. Purifoye Adrin Scroop James Templer Aug. Garland Edmu. Ludlow Hen. Martia Jo. Allewred Rob. Lilburu Will. Say Anthony Stapley Gregory Norton Tho. â—haloner Tho. Wogan Simon Meyne Tho Horton John Jones Jo. Moore Hardress Waller Gilbert Millington Charls Fleetwood Jo. Venn Greg. Clement Jo. Downes Tho. Waite Tho. Scot. John Carew Miles Corbet Ordered That the Scaffold on which the King is to be executed be covered with Black The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the Tenour thereof about Two a clock in the afternoon of the said 30. of January 1648. The Fatall day of the said Execution being Tuesday January the 30. 1648. HIS Majesty continued in Prayer all the morning and receives the Sacrament Just at Ten a Clock before noon he was conveyed on foot from St. James's Palace to Witehall guarded by a Regiment of Foot Soldiers part before part behind with Colours flying and Drums beating his private guard of Patirzans about him and Dr. Juxon Bishop of London next to him on one side and Colonel Tomlinson on the other being come to Whitehall he 〈◊〉 his Cabinet Chamber at his divotions refusing to dine onely about 12 a clock he eat a bit of bread and dranke a glasse of Claret wine from thence he was conveyed into the Banqueting house and the great window inlarged out of which he ascends the Scaffold the rails being hung round and the floor covered with black His Executioners disguised with Visards yet was his Majesty not affrighted He shewed more care of the people living then of himselfe dying for looking round upon the people whom the thick Guards of Soldiers kept a great distance of and seeing he could not be heard by them omitting probably what he purposed to have spoken to them therefore turning to the Officers and Actors by him he delivered him self in a short but excellent Speech which being ended he meekly went to Prayers and after some heavenly discourse between him and the Bishop having prepared himselfe he lifted up his eyes to heaven mildely praying to himself he stooped down to the block as to a prayer-deske and