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A63490 A True copy of the journal of the High Court of Justice for the tryal of K. Charles I as it was read in the House of Commons and attested under the hand of Phelps, clerk to that infamous court / taken by J. Nalson Jan. 4, 1683 : with a large introduction. Charles I, King of England, 1600-1649, defendant.; Phelps, John, fl. 1636-1666.; Nalson, John, 1638?-1686. 1684 (1684) Wing T2645; ESTC R5636 141,696 216

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the Parliaments Justice explaining the Nature of the Crimes of which the Prisoner stood charged and for which he was to be condemned and by way of Exhortation to the Prisoner to a serious Repentance for his high Transgressions against God and the People and to prepare for his Eternal Condition The Sentence formerly agreed upon and put down in Parchment-Writing O Yes being first made for Silence was by the Courts Command solemnly pronounced and given the Tenor whereof followeth Whereas the Commons of England Assembled in Parliament have by their late Act Entituled An Act of the Commons of England Assembled in Parliament for Erecting of an High Court of Justice for the Trying and Judging of CHARLES STVART K. of England Authorized and Constituted us an High Court of Justice for the Trying and Judging of the said CHARLES STUART for the Crimes and Treasons in the said Act mentioned By vertue whereof the said CHARLES STUART hath been three several times convented before this High Court where the first Day being Saturday the Twentieth of Jan. instant in pursuance of the said Act a Charge of high Treason and other high Crimes was in the behalf of the People of England Exhibited against him and read openly unto him wherein he was charged 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 Law 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 Vnlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People and 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 STVART for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practices to the same End hath trayterously and maliciously Levied War against the present Parliament and People therein represented as with the Circumstances of Time and Place is in the said Charge more particularly set forth And that he hath thereby 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 Invaisons from Foreign Parts endeavoured and procured by him and by many other evil ways and means he the said CHARLES STVART hath not only maintained and carried on the said War both by Sea and Land 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 several Counties and Places in this Kingdom in the Charge specified and that he hath for that purpose given his 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 this Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had Entertainment and Commission for the continuing and renewing of the War and Hostility against the said Parliament and People and that by the said cruel and unnatural War so levied continued and renewed much innocent Blood of the free People of this Nation hath been spilt many Families undone the Publick Treasure wasted Trade obstructed and miserably decayed vast expence and dammage to the Nation incurred and many parts of the Land spoiled some of them even to desolation and that he still continues his Commission to his said Son and other Rebels and Revolters both English and Foreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned by his Procurement and on his behalf And that all the said wicked Designs Wars and evil Practices of him the said CHARLES STVART were still carried on for the Advancement and Vpholding of the Personal Interest of Will 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 And that he thereby hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Dammage Mischief to this Nation acted and committed in the said Wars or occasioned thereby Whereupon the Proceedings and Judgment of this Court were prayed against him as a Tyrant Traytor and Murtherer and publick Enemy to the Commonwealth as by the said Charge more fully appeareth To which Charge being read unto him as aforesaid He the said CHARLES STVART was required to give his Answer but he refused so to do And upon Monday the twenty second day of January instant being again brought before this Court and there required to answer directly to the said Charge he still refused so to do whereupon his Default and Contumacy was Entred and the next day being the third time brought before the Court Judgment was then prayed against him on the behalf of the People of England for his Contumacy and for the Matters contained against him in the said Charge as taking the same for confest in regard of his refusing to Answer thereto Yet notwithstanding this Court not willing to take advantage of his Contempt did once more require him to Answer to the said Charge but he again refused so to do Vpon which his several Defaults this Court might justly have proceeded to Judgment against him both for his Contumacy and the Matters of the Charge taking the same for confest as aforesaid Yet nevertheless this Court for their own clearer Information and further satisfaction have thought fit to examine Witnesses upon Oath and take notice of other Evidences touching the Matters contained in the said Charge which accordingly they have done Now therefore upon serious and mature deliberation of the Premises and consideration had of the Notoreity of the Matters of Fact charged upon him as aforesaid this Court is in judgment and Conscience satisfied that he the said CHARLES STVART is guilty of Levying War against the said Parliament and People and maintaining and continuing the same for which in the said Charge he stands accused and by the general course of his Government Councels and Practices before and since this Parliament began which have been and are notorious and publick and the Effects whereof remain abundantly upon Record this Court is fully satisfied in their Judgments and Consciences that he hath been and is guilty of the wicked Designs and Endeavors
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