like was never in England seene before for State and Magnificence and afterward were Royally entertained by the Lord Mayor of London with a stately Feast and Banquet 1634. The English Coast was much perplext with Pirates of severall Nations and the Kings Dominion in the narrow Seas evidently usurped by the Dutch and defended by Grotius in his book Entituled Mare Liberum which was exactly Answered by the Learned Selden in his Book Entituled Mare Clausum The Exchequer at that time was very much drained The King having tyed himselfe up by granting the Petition of Right could not tax or levy money without consent of Parliament and how to expect it from them with whom he had parted so fouly he could not imagine He declares his Intentions to his Attorney Noy together with the Necessity of raysing money but desires it to be done Legally who after much study and paines finds out an ancient president of raising a Tax for setting forth a Navy in case of danger without a Parliament The King was very glad of it Writs were Instantly Issued out to the Sea-port Townes to raise money for a certaine number of Ships well provided for the safety of the Nation they complained that it equally concern'd the whole Nation upon which a Tax was laid throughout the whole Kingdome every one endeavoured to excuse it and some alledged it was against the Petition of Right it being done out of Parliament which begat a great quarrell Great Contest happened in Ireland this yeare between the Protestants and Papists which occasioned the Lord Strafford then Lord Deputy to summon a Parliament for the raysing of moneys for the payment of the Army and the Kings Revenue which was managed with so much wisdome and prudence by the Lord Deputy that he obtained his desire There was likewise a Synod called wherein the Articles of 1615 were repealed and the 39 Articles of the Church of England established in their room they did likewise unanimously declare their consent and agreement with the Church of England in the profession of the same Christian faith The Scots were now Hatching mischievous designes against the King which they colour'd with specious pretences as The Kings endeavouring to Intrench on their Liberties and after some time were so Insolent as to charge the King with favouring of Papists in a desperate Libell which by the care and diligence of the Lords of the Councell was supprest the Author was discovered to be one Hagge and the principall abettor the Lord Bellamore who being found Guilty received the sentence of death but upon his application to the Kings mercy was pardoned The 29 of September by the procurement of the Earle of Arundell one Robert Parr aged 160 was brought to London one of the wonders of this last age In November following the Prince Elector came to London to tender his respect to his Uncle and to solicite touching his restitution and not long after came his second Brother Prince Robert On the 28 of December 1635. was borne the Kings second Daughter and was the second of January baptized Elizabeth March the sixth William Juxson Lord Bishop of London was made Lord Treasurer a man of great Piety and Integrity At this time if ever might England be said to be in a happy condition the Church the most Glorious and splendid that ever was since the Apostles times the Civill Government managed by a King who for piety and morality was not Inferiour to any in the Christian world Incompassed about with peace on all sides what mortall would ever have imagined that this bright Sun-shine of Felicity should be so soone Eclipsed William Land Lord Archbishop of Canterbury taking notice of the carelesse observance of the Ecclesiasticall Canons which he strictly put in practice in his solemne Visitation and in his zeale gave order for the Removing of the Communion Table to the East end of the Church upon an ascent and to be rayled In to prevent profanation which gave great distast to the puritan party who charg'd him with Innovation 1636. In July set forth the Kings Royall Fleete to scowre the Seas of Pirates and to prevent the Intrenching of the Hollander in Fishing upon our Coasts which was effected but by their humble Request the King Indulgently Granted them Liberty In September the Earle of Arundell was sent Extraordinary Ambassadour attended by a Noble Traine to the Emperour to solicite in behalfe of the Prince Elector who being wearied with delayes return'd in a discontent The unhappy Controversie of Ship-money began now to be disputed The Writs for raysing Ship-money having been formerly Issued out divers refused to pay among the rest Mr. Hamden of Buckingham-shire by wilfull default refused and desired it might be argued in Law which occasioned the King to write a Letter to Sir John Brampston Lord Chief Justice of the Kings Bench Sir John Finsh Lord Chiefe Justice of the Court of Common Pleas Sir Humphry Davenport Baron of the Exchequer and to the rest of The Judges of the severall Courts to know their opinion who joyntly and severally gave their opinion that it was Lawfull upon which Processe is immediately Issued out against Mr. Hamden who demurr'd and desired the Judges opinion which was argued in the Exchequer the Major part was for the King onely Judge Crooke and Judge Hutton seemed to favour the other party but Judgement was past by the Barons against Hamden On the 17 of March 1636. was borne Anne the Kings third Daughter In June following Mr. Prin Dr Bastwick and Mr. Burton three violent and restlesse spirited men were sentenc'd in the High Commission Court for seditious and scandalous Libells by them made and disperst against the Bishops and their Ecclesiastical Government which sentence was by some accounted harsh and severe The King knowing the necessity of a mutuall Compliance in matters of Religion and understanding his Fathers Intention in composing a Liturgy for the Church of Scotland Orders the Bishop of Canterbury the Bishop of Ely together with diverse other Bishops of both Nations to revise and correct as they should think meete the Service Compiled in his Fathers life time which very little differ'd from that of England orders it to be sent to the Councell in Scotland to be made use of When on the 23 of July 1637 the Dean of Edenborough began to read the Book in St Giles Church a suddain uproar began by the women and baser sort of people The Bishop appointed to preach goes into the Pulpit hoping to convince them of their Irreverend Carriage which nothing prevailed for they were the more Insolent flinging stones stooles and what ever else came next to hand so that he hardly escaped with life Diverse other Churches were likewise Infested with the like fury and madnesse but by the Industry of the Archbishop of St Andrews Lord Chancelour and other Magistrates the tumult was appeased some were afterward apprehended and endeavours made to finde out the first beginner But it rested
which if he refuse the Charge to be taken pro Confesso and the Court proceed to Justice President Requires the King to give a positive answer and either confesse or deny it is offerd in behalfe of the Kingdome to be made good against you for the Authority of the Court they avow it and the whole Kingdome are to rest satisfied with it I therefore require your positive answer The King persisted in his former protest against the Jurisdiction of the Court and that a King could not be tryed by any superior Jurisdiction on Earth and tould them that pretend what they would be stood for their Liberties for if Power without Law may alter the fundamentall Laws of the Kingdome what subject is he that can be secure of his Life or Estate and going to shew reasons why he could not allow them a Court he was Interrupted by the President who tould him they would not allow him to dispute the Authority of the Court desiring a punctuall and direct answer The King I understand Law and reason and therefore under favour I doe plead for the Liberty of the people more then you doe and therefore if I should Impose a beliefe upon any man without reasons given for it it were unreasonable The President againe Interrupted him telling him he might not be permitted to speake of Law and reason there The Vote of the Commons of England assembled in Parliament are the reason of the Kingdome Sir you are not to dispute our Authority and it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded King I doe not know how a King can be a Delinquent by any Law I ever heard of I demand to be heard my reasons if you deny that you deny reason President Sir Neither you nor any man shall be permitted to dispute the Authority of the Court further telling him that if he demurr'd to the Jurisdiction of the Court they sitting there by the Authority of the Commons of England he and all his Predecessors are responsible to them The King I deny it President You ought to disturbe or Interrupt the Court in speaking They have considerd of their own Jurisdiction King I say Sir The Commons of England were never allow'd a Court of Judicature President Sir you are not to be permitted to goe on in these discourses Then the Clarke Read as was Ordered in the painted Chamber requiring the King to answer Upon which the King promised to answer so soone as he knew the Authority of the Court. President If that be all you have to say then take away the Prisoner To which the King reply'd I require to give in my Reasons which the President would not permit The King urges againe to give in his Reasons but the President tould him his Reasons were not to be heard against the highest Jurisdiction To which the King answered shew me the Court where Reason is not to be heard The President againe commands the Prisoner to be taken away who was accordingly convey'd back to S James's The President ordered to record the default On the 23 of January 1648. The Court met againe according to the usuall manner and the Prisoner was brought with his Guard and seated in his Chaire Soliciter Cooke made a formall Speech addressing himselfe to the President and in the Close craved Judgement to be pronounced against the Prisoner The President addresses himselfe to the King and tells him That it was not for him to dispute the Jurisdiction of the supreame and highest Authority of England from whom there is no appeale and further to let him know that the Court was sensible of his delays and that they ought not to be thus trifled with and that they might in Justice take advantage of those delays and proceed to Judgement against him yet neverthelesse by direction of the Court I require a positive answer whether you are Guilty or not Guilty of the Treasons laid to your Charge To which the King reply'd when I was here last I did desire to speake for the Liberties of the people of England but was Interrupted I desire to know whether I may speake freely or not President Sir I must let you know from the Court that you are not to be permitted to run out into any discourses untill such time as you have given a positive answer to the matter that hath been Charg'd upon you The King For the Charge I value it not a rush it s the Liberty of the people I stand for I that am your King and sworne to maintaine the Laws for me to acknowledge a new Court that I never heard of here he was Interrupted Sir you ought not to Interrupt me How I came here I know not there is no Law for it to make your King your Prisoner President Sir you must know the pleasure of the Court. The King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses The Court once more demands your positive answer Here the Clarke Read the same as before To which the King replyed To give satisfaction to the people of the Clearenesse of my proceedings not by way of answer but to satisfie them that I have done nothing against the trust that hath been committed to me but to acknowledge a new Court against their priviledge or to alter the fundamentall Laws of the Kingdome you must excuse me President Sir This is the third time you have disownd the Court and put an affront upon it how far you have preserv'd the priviledge of the people your actions have spoke it mens Intentions are knowne by their actions you have written your meaning in bloody Characters but Sir The pleasure of the Court is that the Clarke Record your default and you Gentlemen that take Charge of the Prisoner take him away Who was Immediately convey'd back to St James's as accustomd On the 27 of January 1648. The Court met againe in Westminster Hall being in all seventy eight Whose Names were John Bradshaw Sarjeant at Law President Oliver Cromwell Lieutenant Generall Commissary Generall Ireton Major Gen Skippon Lords Thomas Lord Gray of Groby Philip Lord Lisle Colonells Edward Whaly Thomas Harrison Isaac Ewer Thomas Pride Rowland Wilson Richard Ingolshy William Purofoy Henry Martin Hewson Edward Ludlow Robert Titchburne John Huchinson Owen Row Adrian Scroope Robert Lilburne John Harrison Richard Deane John Okey John More William Goffe John Desborough Edmond Harvey Francis Lasseley John Venne John Downes Anthony Stapeley George Fleetwood James Temple Thomas Hamond Thomas Wait. John Barkstead Godfry Boswell Mathew Tomlins Herbottle Morley Knights Sir Henry Mildmay Sir John Danvers Sir William Brereton Sir Miles Livesey Francis Thorpe Sargeant Aldermen of London Isack Pennington Thomas Atkins John Fowkes Thomas Scott Thomas Andrews Esquires Gilbert Millington John Blackstone William Heinington Cornelius Holland Miles Corbet Francis Allin John Carme John Jones Peregrine Pelham John Gowden Thomas
He the said Charles Stuart hath given Commissions to his Son the Prince for that purpose By which cruel and unnaturall war by him the said Charles Stuart Levied continued and renued as aforesaid much Innocent blood hath been spilt many families have been undone The publique Treasury wasted and exhausted Trade obstructed and decayed Vast expence and damage to the Nation incur'd and many parts of the Land spoyled some even to desolation And for further prosecution of the said evill designes He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebells and Revolters All which wicked designes Wars and evill practices of him the said Charles Stuart have been and are carried on for the Advancing and Vpholding of the Personall Interest of Will and Power and pretended Prerogatives to himselfe against the Publique Interest Right Justice and peace of the Nation by and for whom he was Intrusted as aforesaid By all which it appeareth that He the said Charles Stuart hath been and is the occasioner Author and contriver of the said Vnnatural War and thereby Guilty of all the Treasons Murthers Rapines burnings spoyles desolations damage and mischiefe to this Nation acted and committed in the said Wars or occasion'd thereby And the said John Cook doth for the said Treasons and Crimes on the behalfe of the people of England Impeace the said Charles Stuart as a Tyrant Traytor Murtherer and a Publique and Implacable Enemy to the Common wealth of England And therefore prayeth that the said Charles Stuart King of England may be put to answer all and every the premises that such Proceedings Examinations Tryalls Sentences and Judgements may be hereupon had as may be agreeable to Justice The Lord President Replyed Sir you have now heard your Charge Read and in the Close it is prayed in behalfe of the Commons of England that you answer to your Charge The Court Expects your Answer The King I would know by what Power I was cald hither I was not long agoe in the Isle of Wright how I came thither is too long to relate or then I thinke now to speak of there I was in treaty with both Houses of Parliament was as much publique faith as its possible we were almost come to the Conclusion of a Treaty I would now know by what Authority I meane lawfull for there are many unlawfull Authorities in the world theeves and robbers by the high way but I would know by what Lawfull authority I was brought from thence and carried from place to place and when I know by what Lawfull Authority I shall answer Remember I am your King and what sins you bring upon your heads and what Judgements upon this Land thinke well upon it I say thinke well upon it before you goe from one sin to a greater Therefore let me know by what Lawfull Authority I am seated here In the meane time I shall not betray my trust I have a trust committed to me by God by old and Lawfull descent I will not betray it by answering to a new and Unlawfull Authority Lord President If you had been pleased to have observ'd what had been hinted to you by the Court at your first coming hither you would have knowne by what Authority Which Authority requires you in the name of the people of England by which you are Elected King to answer them The King No Sir I deny that Lord President If you acknowledge not the Authority of the Court they must proceed The King I doe tell them so England is an hereditary and not an Elective Kingdome and hath been so neare 1000 yeares therefore let me know by what Authority I am cald hither I stand more for the priviledge of my people than any that are seated here still urging to know by what Authority he was seated there and he would answer otherwise not President Charges the King with Interrogating the Court which did not beseeme him in that condition The King tould him he was brought from the Isle of Wight by force and he did not come there as submitting to the Court professing to stand for the priviledge of the House of Commons still urging a Legall Authority warranted by the Word of God or the Constitution of the Kingdome and he would Answer President Seeing you will not answer the Court will consider how to proceed in the meane time you are to be carried away by them that brought you hither The Court desires to know whether this is all you will answer The King Sir I desire you would Give me and all the world satisfaction in this it s no sleight thing you are about I am sworne to God for the peace of my Country and therefore you would doe well to satisfie God and then the world by what Authority you doe this there is a God in Heaven that will call you and all that Gives you power to account President The Court expects your finall answer you desire satisfaction of their Authority it is upon Gods Authority and that 's our present Work The King That which you have said satisfies no reasonable man President That 's in your apprehension we thinke it reasonable that are your Judges The King Neither your apprehension nor mine ought to decide it President Commands the King to be taken away And accordingly he was convey'd back to St James's Two dayes after on the 22 of January the Court meet in the painted Chamber where they order that the King shall not be sufferd to argue the Jurisdiction of the Court and that in case the King should againe dispute their Authority the President is to let him know that the Court hath consider'd his demands the last day and that he ought to rest satisfied with this answer That the Commons of England assembled in Parliament have constituted this Court whose power may not nor shall not be disputed against by him Further That in case the King shall not answer the President is to let him know that the Court doth take it as a contumacy and record it and in case he answer with a saving notwithstanding of his pretended Prerogative above the Jurisdiction of the Court the President to refuse his protest and require his positive answer whether he will own the Court or not And in case the King shall continue in his contempt The President shall command the Clarke to demand of the King them Charles Stuart King of England you are accus'd in behalfe of the people of England of divers high Crimes and Treasons which Charge hath been Read to you The Court requires you to give your positive answer either to confesse or deny And forthwith the Court assembles in Westminster Hall where after their Names are cald over the Captaine of the Guard is commanded to fetch the King who being brought and seated as before a Great shout was made by the people Soliciter Cooke againe accuseth the King as before the Charge being Read he required he might give a positive answer
Chaloner John Aldred William Say Dennis Bond. Henry Smith Gregory Clement Humphry Edwards Henry Smith James Chaloner John Fry Abraham Burrell William Cowley Nicholas Love John Lisle Vincent Potter John Corbet Thomas Blunt Thomas Boone John Lawnes Augustine Caranell John Downe John Dexwell Silence being Commanded at the Kings coming into the Court there was a great Cry made in the Hall for Execution Execution The King desir'd to speake and hopes he shall give no occasion of Interruption President You may but you must heare the Court first the King presses to be heard before Judgement to which the President promised he should Then the President began his Speech addressing himselfe to the Court how that the Prisoner at the Bar hath been severall times Charg'd with Treason in the name of the people of England and requir'd to answer That he hath been so far from obeying the Court by submitting to their Justice that he began to offer reasoning and debate unto the Authority of the Court and being requir'd to answer he was pleased to be contumacious and refused to answer whereupon the Court have thought fit to take the matter into their consideration and have considerd of the Notoriousnesse of the fact Charg'd upon the Prisoner and upon the whole are agreed and resolv'd of a sentence to be pronounced on this Prisoner but in respect he desires to be heard before sentence the Court are resolv'd to heare him provided he meddle not with the Jurisdiction of the Court but if he have any thing to say in his own defence the Court is willing to heare him The King tells them a hasty sentence once past may sooner be Repented then recald desiring he might be heard in the Painted Chamber before the Lords and Commons I cannot be Judge of that I have to say but if it be reason and really for the welfare of the Kingdome and Liberty of the subject I am sure it will be well worth the hearing before my sentence be past therefore I doe conjure you as you love that you pretend I hope its reall the Liberty of the subject and the peace of the Kingdome that you will grant me a hearing before you passe sentence to which the President Reply'd that it was a further declining of the Jurisdiction of the Court. The King craving pardon for his Interruption endeavour'd to cleere it that it was not a declining of the Court although he could not own it The President tould him they had with much patience waited his leasure as to an answer and that what he had offerd tended to a delay and such delayes neither the Kingdome nor Justice could admit of but the Court is content to withdraw for a time and you shall know their further pleasure The Sarjeant at Arms declares from the Court that the Prisoner was to be withdrawne untill such time as they should send for him After halfe an houres space the Court being set The President Commands the Sarjeant at Armes to send for the Prisoner who being brought The President tould the King that the Court had withdrawne pro forma Tantum that they had considerd of what was offerd and of their own Authority which was founded by the supreame Authority of the Parliament of the Common-wealth of England and that they had acted according to their Concession but the returne that you are to expect from them is that they have been too much delay'd by you already and Judges are no more to delay then to deny and notwithstanding what you have offerd they are resolv'd to proceed to punishment and Judgement and this is their unanimous resolution The King Sir It is in vaine for me to dispute I know you have power enough but it would have been for the Kingdomes peace if you would have shewn the lawfulnesse of your power it is not my own good I look at but the Kingdomes peace and welfare I doe put at your doores all the Inconveniences of a hasty sentence I confesse I have been here eight dayes it s but a little delay of a day or two more that may give the Kingdome peace whereas a hasty Judgement may bring on that trouble and perpetuall Inconveniency to the Kingdome that the child unborne may repent it therefore once againe I desire to be heard by the Lords and Commons in the painted Chamber President You have already received the Resolutions and Judgement of the Court in it they desire to know if you have any thing more to say before sentence The King If you will grant me this delay I doubt not but to give some reasonable satisfaction therefore I require you as you will answer it at the dreadfull day of Judgement that you will consider it To which the President replyed If you have nothing more to say we must proceed to sentence The King I have nothing more to say President The Court hath something to say to you though it will not be acceptable to you dilating upon the Charge and the severall particulars whereof the Prisoner was Guilty Illustrating his speech with divers examples sacred and prophane that the people have deposed nay executed their Kings for mis-government In the Close of which the King desired to be heard before sentence concerning those Imputations Charg'd upon him The President Replyed that his time was now past and he was not far from sentence The King againe moves to be heard concerning those Imputations but the President tould him that he not acknowledging them to be a Court they could not admit of what he had to say and further Insisting upon his guilt minding him what the Scripture saith For to acquit the Guilty is of equall abomination as to condemne the Innocent We may not acquit the Guilty what sentence the Law denounceth to a Traytor a Murtherer and a Publique Enemy to the Country that sentence you are now to have read unto you and that is the sense of the Court. O yes and filence Commanded the President appoints the Clarke to read the sentence which was That whereas the Commons of England in Parliament assembled have appointed them a High Court of Justice for the trying 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 behalfe of the Kingdome of England c. Reading the Charge To which Charge he the said Charles Stuart refused severall times to answer For all which Treasons and Crimes this Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and a publique Enemy shall be put to death by severing his head from his body The sentence being read the President tould him The sentence read and published is the Act Sentence Judgement and resolution of the whole Court Upon which the Court stood up assenting to what the President had said The King would have been heard but the President tould him he was not to be heard after sentence and