forthwith commanded the Prisoner to be carried away who was convey'd to White Hall The Reasons why he could not consent to the Court are as followeth which he Intended to deliver on Munday Jan. 22. in writing but was not permitted Having already made My protestations not only against the illegality of this pretended Court but also that no Earthly power can justly call Me who am your KING in question as a Delinquent I would not any more open My mouth upon this occasion more than to refer My self to what I have spoken were I alone in this case alone concerned But the duty I owe to God in the preservation of the true liberty of My people will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old fundamentall Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest Man in England for I will not like you without shewing a reason seek to impose a belief upon My Subjects * Hereabout I was stopt not suffered to speak any more concerning Reasons There is no proceeding just against any Man but what is warranted either by Gods Laws or the municipall Laws of the Country where he lives Now I am most confident that this dayes proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is cleerly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the Question now in hand there it is said That where the word of a King is there is power and who may say unto him what doest thou Eccles 8.4 Then for the Laws of this Land I am no lesse confident that no learned Lawyer will affirm that an impeachment can lye against the King they all going in His Name and one of their Maximes is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the fundamentall Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Laws without King or Lords-House to any that have heard speak of the Laws of England And admitting but not granting that the people of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest ploughman if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own right alone as I am your KING but also for the true liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the Priviledges of both Houses of Parliament which this dayes proceeding doth not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all the pretended crimes laid against Me bear date long before this late Treaty at Newport in which I having concluded as much as in Me lay hopefully expecting the two Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My own just right Than for any thing I can see the higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of settlement is there so long as Power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred yeares nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late years under the Reign of Q. Elizabeth the King My Father and My Self untill the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the fundamentall Laws of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleer Reasons to convince My judgement shewing Me that I am in an Error and then truly I will readily answer or that you will withdraw your proceedings Sir Hardresse Waller Harrison Deane and Okey Colonels with Lieutenant Generall Ireton are by the Court appointed to consider of time and place for executing the King who resolve that the Open streete before White Hall is a fit place and that the King be there executed the next day being the 30 of January 1648. and that the scaffold he covered with black January 27. the King lay at White Hall the next day being Sunday the Bishop of London preached before him in his Chamber The same day all the Members of the Court kept a fast in the Chappell at White Hall Munday his Children were permitted to visit him at St James's but staid not long Tuesday the 30 of January the
October and in his speech made an ample illustration of his concessions to the petition of right which by some was accounted a great failing And now a 3d Fleet is reasdy at Portsmouth for the releif of Rotchel The Duke was very diligent in preparation when on the 23 of August 1628. the Duke having prepared himselfe to wait on the King who made that in his progresse cal'd for his breakfast the Duke comes downe from his chamber to a lower parlour where taking leave of Sir Tho. Frier one of his Colonels Just as he was going in one Felton stabd him to the heart with a knife which the Duke took out but the effusion of the blood was so great that he died instantly the Earl of Cleveland and others that were within hearing reported that the murtherer seconded his blow with these words The Lord have mercy upon thy soul The murtherer imediatly went into the Kitchin the report throughout the house was wher 's the murtherer which he misconstrued her 's the murtherer suddenly starting cried I am he who was imediatly secured and hardly escaped the fury of the servants The King was at his devotion when the news was brought who was not in the least startled at it The commons rejoice at it and by this means hoped of a freer and more permanent correspondency betwixt the King and people which the event suddenly shewed The Dukes body was inter'd the 25 of September at Westminster at the charge of his Executors Felton was arraigned at the Kings bench-bar who upon examination confest That the only motive that induced him to the fact was the late Remonstrance of the Commons and that he could not sacrifice his life to a nobler cause then by delivering his Country from so great an enemy He being found guilty was hanged at Tiburne and his body afterwards sent to Portsmouth to be hanged in Chaines This tragicke act nothing hindred the Fleets motion which by the personal industry care of the King set fail from Portsmouth the 8 of September 1628. the Earl of Linsey being Admiral and being arived at the mouth of the haven found that monstrous Boone and Baracado finished which was designed by Cardinal Ritchlew a cross wind suddenly arose beat them back with great confusion which the Rotchellers beholding from the bulwarks imediately set open the gates and submitted themselves wholly to the King who entred the 8 of October and found onely four thousand remaining of twenty two thousand the Fleet upon the news returned home safe A Proclamation was proclaimed against Papists The 20 of October the Parliament met divers complaints and petitions were exhibited touching the seising of marchants goods for Tunnage and Poundage The King had notice of it summons them to the banquetting house and thus speaks The occasion of that meeting was a complaint made in the lower House for staying some merchants goods for denying Tunnage and Poundage which difference might be soon decided were his words and actions rightly understood for if he did not take these duties as appendixes to his hereditary prerogative and had declared he chalenged them not of right and onely desired to enjoy them by the gift of his people why did they not passe the Bill as they promised to him to clear his by-past actions and future proceedings especially in this his time of so great necessity Therefore he did now expect they should make good what they promised and put an end to all questions emergent to their delay Two Committees were appointed one for Religion the other for civil affairs that for Religion report that upon due inspection they find it in a very tottering and declining condition The other report that many marchants had had their goods seised for not paying the customes of Tunnage and Poundage being then against the Petition of Right and priviledge of Parliament for which Sr Jo. Worsham M. Daws M. Carmarthen Farmers of the Customes were required to give an account The King intervenes and tels the Parliament that what they did was as men addicted to his command neither were they commissionated to take it as a due debt but he presumed the Parliament would performe their large professions and grant it by bill They replyed the Farmers did it without warrant the warrant being only to levy and collect not to seize for the Bill they desired his pardon being to insist on matters of Religion first The King requests them to forbeare prosecuting these men and intimated that what they did was by his warrant The House in great discontent adjourned for some few dayes and being met again they resolved upon a Remonstrance which the Speaker refusing to read and offering to rise Mr. Hollis held him and swore he should fit there so long as they pleased which not prevailing Mr. Hollis read these ensuing Articles as the Protestation of the House 1. Whosoever should bring in Innovation of Religion or by favour seek to introduce Popery or Arminianism or other opinions disagreeing from the true and orthodox Church shall be reputed a Capitall enemy to the Kingdome and Common wealth 2. Whosoever shall councell or advise the taking and levying the subsidies of Tunnage and Poundage not being granted by Parliament or shall be an actor or instrument therein shall be reputed a Caitall enemy to this Common-wealth 3. If any man shall voluntarily yeild or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall be reputed a beirayer of the Liberties-of England and an enemy to the Common-wealth At which the House gave a great shout The King advised of it sent the Usher of the blacke rod to dissolve the Parliament who would not be admitted Sir Miles Hobert lockt the door The King incensed at their contempt sent for the Captain of the Pensioners and the Guard to force a passage the members fearing the issue slunk away The King went presently into the House of Lords and delivered his mind as followeth My Lords I never came here upon so unpleasing an occasion it-being the dissolution of a Parliament therefore you may have some cause to wonder why I should not rather choose to doe this by Commission it being a generall Maxim of Kings to leave harsh commands to their Ministers themselves onely Executing pleasing things yet considering that Justice consists as well in reward and praise of vertue as punishment of vice I thought it necessary to come here to day to declare to you and all the world that it was meerely the undutifull and seditious carriage of the Lower House that hath made the dissolution of this Parliament and you my Lords are so far from being causes of it that I take as much comfort in your dutifull demeanour as I am justly distasted with their proceedings yet to avoyd mistakings Let me tell you that it is so far from me to adjudge all that House guilty that I know there are many there as dutifull subjects as any in the World it being but
some few Vipers among them that cast this mist of undutifulnesse over most of their eyes yet to say truth there was a good number there that could not be infected with this contagion in so much that some did expresse their duties in speaking which was the Generall fault of the House the last day To conclude as these Vipers must look for their reward of punishment so you my Lords must justly expect from me that favour and protection that a good King oweth to his loving and dutifull subjects And now my Lord Keeper doe what I command you who in the Kings name dissolv'd the Parliament The Parliament being dissolv'd the King sets forth a Declaration of the Causes Grounds and Motives that caused him to dissolve them together with an account of all the Transactions of this and the last Parliament Not long after the King sent for ten of the last Parliament to appeare at the Councell Table viz. Mr. Hollis Sir Miles Hobert Sir John Eliot Sir Peter Hayman Mr. Selden Mr. Stroud Mr. Correton Mr. Valentine Mr. Long Mr. Kirton who having been examin'd by the Lord Treasurer some were sent to the Tower some to the Gate-House others to the Fleete which afterward begot a very high controversie in Law The Queen being affrighted was before her time delivered of a Son who was baptized Charles which lived not above two houres The States of Venice sent over an Ambassadour to mediate for a peace betwixt us the French which was concluded in eight Articles and confirmed with solemn Oaths on both sides Two great Reasons were given for the Kings suddaine consent to a peace the one was the ill successe and bad fortune that alwayes attended his warlike designes the other and maine the sinews of war being dried and shrunk up the Exchequer was very barren Peter Reuben the famous Painter of Antwerp came over into England and made overtures of a peace with Spaine by offering the restitution of the Palatinate then which nothing was more desirable of the King but he had not full power to performe On the 29 of May 1630. the Queen was deliver'd of her second Son who was baptized the 27 of June at St James's with all Princely ceremony and named Charles which caused great rejoycings and acclamations among the people excepting the Puritan party At his birth a Star appeared visibly at noone day just as the King went to St Pauls Church to give thankes where he was presented with these Verses When to Pauls-Cross the Gratefull King draw nere A shining Star did in the Heavens appeare Thou that consults with divine Mysteries Tell me what this bright Comet signifies Now is there borne a valiant Prince i' th West That shall Eclipse the Kingdoms of the East The King being deeply sensible of his brothers miseries and being informed of a Diet at Ratsbone sent Sir Robert Anstruther Ambassadour to the Emperour and Estates in Germany to mediate in his brothers behalfe to which the Emperour return'd Answer that no forraine businesse was to be medled withall at the Diet but as soone as possibly he could he would doe that which might be for his Honour and he hoped to his Majesties content upon which the Ambassadour returnes One Layton a Rigid Presbyter who published a book call'd Zions Plea in which he excited the Parliament and People to kill all the Bishops Very abusive also to the Queene calling her the Daughter of Heth a Canaanite an Idolatresse was sentenced in the Star-Chamber to have his nose slit his eares cropt and stigmatized in the forehead which he for some time prevented by an Escape out of the Fleete but being taken underwent it The Peace betwixt England and Spaine was at last concluded the Articles being the same in effect with those that were betwixt King James and Philip the Third excepting that the King of Spaine should dispose of all his Interest in the Emperour toward the restitution of the Palatinate which was proclaimed Sunday the 27 of November 1630. with Great solemnity Aprill the 25. 1631. Mervin Lord Audley Earle of Castle-Haven was arraigned at the Kings-Bench Bar before Thomas Lord Coventry who for that day was appointed Lord High Treasurer of England he being found Guilty of Rape and Sodomy was by his Peeres condemned and Executed the 14 of May at Tower hill And on the 27 of June following Mr. Broadway and Fitz Patrick servants to and concriminaries with the Lord Audley were tryed at the Kings-Bench-Bar and being found Guilty the one of Rape the other of Sodomy were condemned and on the sixt of July were executed at Tyburne The Queene was the 4th of November 1631. deliver'd of her eldest Daughter who was baptized Mary December 2d 1632. The King was visited with the small Pox but by Gods blessing soone recovered Anno 1632. The Church of St Paul which by the pious zeale of our Auncestors was raysed to that huge bulke that all Christendome was not able to paralell being through age decayed was by the piety of his Majesty the Bishops the Nobility Gentry and Commonalty of the Nation begun to be repaired and a very great progresse was made therein but the unhappy differences of the Nation ensuing caus'd its obstruction Anno 1633. The King having been often solicited to goe into Scotland in order to his personall Coronation on the 13th of May he sets forward with a Princely Traine most of the English Nobility all the Scots that attended here and on the way was very Nobly treated by diverse of the Nobility and Gentry ospecially by the Earle of Newcastle at Welbeck On the 10 of June he came safe to Edenborough where he was Crowned with all outward seeming affection and on the 20 of July return'd safe to the Queen at Greenwich In the beginning of August dyed the Reverend Prelate George Abbot Archbishop of Canterbury William Laud then of London immediately succeeded him October the 13th 1633. the Queen was delivered of her second Son who was baptized James and on the 24 of the same moneth was by Letters pattent created Duke of York The King taking into his Princely care the Irreverend and remisse service of God in the Kingdome of Scotland sent Orders to be observed by the Deane of his Chappell as in England 1 That prayer be said twice a day according to the English forme 2 The Sacrament to be administred once a moneth and to be received Kneeling 3 That he which Officlates on Holy dayes doe it in his Surplice Which though backt with a Letter requiring exact obedience the Deane durst not performe for feare of discontenting the people The King by the Advice of the Bishops and Councell Reviv'd his Fathers Declaration for tolerating Lawfull Sports on the Sunday which gave great distast to the people especially to the puritanicall party On the second of February being Candlemas day at night the King and Queene were entertained at White Hall with a Mask of the Gentlemen of the Inns of Court The
and took notice how they had taken the Government all in pieces how that a skilfull Watch-maker to clense his Watch will take it asunder and when it is put together it will goe better provided no pin be omitted Now I have done this on my part you know what to doe on yours reposing Great Trust and confidence in your affection The passing of this Bill was by wise men thought to be none of the least of his failings Judge Barkly was by the Usher of the black Rod arrested as he sat on the Kings Bench for high treason Thomas Earle of Strafford was next brought upon the stage the Articles exhibited against him were from 14 made 28. and on the 22 of March 1640. his Triall began The place appointed was Westminster-Hall where scaffolds were raised on both sides nine degrees in height The two uppermost for the Scotch Commissioners and the Irish Lords In the midst in a lower ascent sat the Peeres of the Realme a Throne also was erected for the King but he never appear'd publiquely but was every day of the Triall in a Close Gallery to heare and observe the whole proceedings and took notes The Earle of Arundell was Lord High Steward and the Earle of Linsey Lord High Constable The Charge was principally managed by Mr. Glin and Mr. Maynard both Members of the Commons House fifteene dayes together was the Earle arraigned and gave in his answer to every particular Charge The Commons Charge him afresh by Mr. Pim concerning some Notes taken by Secretary Vane which were discover'd by his son of his telling the King be had an Army in Ireland which his Majesty might Imploy to reduce this Kingdome to obedience He is againe call'd to the Barre and Mr. Glin and Mr. Pim endeavour to prove him Guilty by Law They extend his Crimes and make him as Odious as possible they can The Earle moves for Councell which the Peeres could not in reason deny The Commons oppose but after three dayes contest the Peeres prevaile Councell is assign'd him viz. M. Lane The Princes Atturney Mr. Gardner Recorder of London Mr. Loe and Mr. Lightfoote and Saturday the 17 of Aprill was appointed for him and his Councell to appeare where his Councell argued his case in Law that day they adjourn not appointing any time for their next meeting The Commons House Vote him Guilty of high Treason upon the evidence of Sir Henry Vanes notes which Bill of Attainder was sent up to the Lords which in their House was much opposed Some few dayes after Mr. St John The Kings Soliciter was sent by the Commons to the Lords to Justifie the Bill by Law which accordingly was by him performed in Westminster-Hall The Earle being present and The King in his accustomed place The Peeres in their House proceed to Condemnation The King having notice of it on the first of May Calls both Houses together where he declares that he had been present at the whole Triall and that in Conscience he could not condemne him of high Treason He likewise in Vindication of the Earle declares 1. That he never had any Intention to bring over the Irish Army nor ever was advised by any body so to doe 2. That there never was any debate before him either in publick Councell or private Committee of the disloyalty of his English subjects And that though he could not in Conscience condemne him of high Treason yet he could not cleare him of misdemeanours He desired them to consider what a tender Conscience was and that to satisfie his people he would doe much but in this of Conscience neither fear nor any other respect should make him goe against it He desired them to find out some middle way and was of opinion that for misdemeanours he thought him not fit to serve him or the Common-wealth in any place of trust no not a Constable This speech gave much discontent to both Houses Sunday May the second The Prince of Orange was married to the Lady Mary at White Hall with Great solemnity and triumph The next day diverse seditious persons had stirred up the multitude to the number of 5000 or 6000. who in a Tumultuous manner came arm'd to Westminster crying out for Justice to be executed on the Earle committed outrages on divers Lords but by faire promises of my Lord Chamberlain they were appeased They likewise posted at Westminster Hall Gate and the Exchange a Catalogue of those that opposed the Bill of Attainder under the title of Strafordians The fift of May a Motion was made in the House for a loan of 650000 l. to be Lent till it was Levied by Subsidy provided the King would pass a Bill not to adjourne prorogue or dissolve this Parliament without the consent of both Houses upon which Motion a Bill was order'd to be drawne up The Lords by advice of the Judges Vote the Earle Guilty of the 15 and 19 Articles And at a Conference of both Houses it was ordred That some Lords be sent to the King with the two Bills one for executing the Earle The other for continuance of this Parliament which accordingly was done on Saturday and The King promised his answer on Monday All the Sabbath day he was much perplext within himselfe The Clamours of the multitude were great he sends for the Judges to advise summons the Privy Councell and with them spends much time in arguing the Case sends for five Bishops viz. London Lincolne Carlile Durham and Bishop Vsher who for Law wholly remit him to the Judges and for Conscience he having heard the whole proceedings if he conceiv'd him Guiltlesse he ought not to condemne him The Judges in part satisfie the King by declaring that he was Guilty of high Treason The Earle himselfe that day writ a Letter with his own hand To set his Majesties Conscience at Liberty humbly requesting him to prevent such mischiefes as might ensue upon his refusall to pass the Bill and That his consent herein should acquit him to God more then all the world beside Munday the 10th of May his Majesty being wearied with complaints granted a Commission to the Earle of Arundell Lord Privy Seale Lord Chamberlain and others to pass the two Bills The next day being much afflicted in his spirit he wrote to the Lords and sent it by the Prince wherein he requests That although he had past the Bill of Attainder against The Earle yet desir'd to shew mercy by letting that unfortunate man to end his life in Close Imprisonment but if no lesse then life can satisfie my people I must say Fiat Justicia The Postscript was If he must die it were Charity to reprieve him till Saturday The House returnd answer that his request could not possibly be admitted without apparent danger to Him his Wife and Children On Wednesday the 12 of May he was brought from the Tower to the scaffold on Tower-hill attended by Bishop Vsher where he made his last Speech to the people Protesting his Innocency in
Earle of Warwick Earle of Manchester Vicount Say and Seale Lord Wharton and Lord Roberts For the Commons Mr Perepoint Mr Nathaniell Fines Sir Henry Vane senior Sir Arthur Haslerig Sir Gilbert Gerard Sir William Ermine Sir John Evelin Sir Henry Vane junior Sir William Waller Mr Crew Mr Soliciter St John Mr Wallop Mr Samuel Browne Lieutenant Generall Cromwell A Generall Councell of the Army being met at Windsor they were very Joyfull and unanimously approv'd of the Votes of the House touching his Majesty and ordred two Declarations to be drawne up one to shew their good liking of the Houses proceedings with promise to ayd and assist them in setling the Kingdome yea without the King or against the King the second for the maintenance of the Peerage of England with Resolution to stand by Lords and Commons to the last man On the 17 of January the Votes for non-addresses past the Lords House They Ordred Colonel Barksteds Regiment to quarter in White Hall Colonel Rich his Regiment of Horse to quarter in the Mews His Majesty having heard of the Resolves of both Houses continues very chearfull and is much retired The Scots Commissioners desire leave to Returne The House of Lords added four of their order to the Committee of Darby-House Viz. the Earle of Salsbury the Lord Mograve Earle of Denbigh and Lord Howard The Earle of Pembrooke was Voted Chancellor of Oxford Both Houses Vote that the Committee of Darby-House have plenipotence to order the dispose of the Army Commanded by Sir Thomas Fairfax as they shall thinke fit The Commons consider'd of Commissioners to goe to Scotland to acquaint the Parliament of Scotland with the miscarriages of their Commissioners here And Order Mr Goodwin Mr Ashurst Mr Brian Stapleton and Colonel Birch to receive their Instructions from the Committee of Darby-House The Lords joyne the Earle of Nottingham and the Earle of Stamford to goe with them The second of February the Commons past an Order that all the servants lately made by the Commissioners attending his Majesty be removed and that the Generall Sir Thomas Fairfax place such about his Majesty as he should thinke fit provided they exceed not thirty They likewise order'd a Declaration to be drawne up to satisfie the Kingdome of the Grounds and Reasons of their passing the Votes for non-addresses The 21 of February Judge Jenkins was brought to the Bar of the House where he refused to kneele a Charge was read against him That he had condemn'd or pasT sentence upon men to be hang'd drawne and quarter'd for not assisting against the Parliament That he tooke up Armes himselfe that he stir'd up others to levy war and assist against the Parliament that he accused the Parliament and charg'd them with counterfeiting the Great Seale and bein requir'd to speak what he had to say for himselfe he answer'd that they had no power to try him he assur'd with confidence the Militia was in the King alone he said Kings did not formerly covenant to maintaine the Law but onely to be mercifull to the people He endeavoured to terrifie the Parliament with his Majesties numerous Issue in Geniollogy he pray'd the Laws might be protected he saith there can be no Laws without a King and that there is none in Venice nor the Vnited Provinces for his ill deportment and words which were indeed a breach of the priviledge of the House he was fined 1000 l. and the House Voted a Charge to be brought in against him His Majesty at Caresbrooke Castle is very much dejected and discontented at his confinement and the removall of his old servants he will not permit his haire nor beard to be medled withall but by a Barbar of his own choosing by which meanes he is growne very hairy The Scots Commissioners Report to their Parliament much to the prejudice of the Parliament of England touching their proceedings with the King The Lords and Commons Concur that no forces be raised in London nor ten miles round but by speciall warrant from the Committee of Darby-House The House being Inform'd that one Colonell Poyer Governour of Pembroke Castle had refused to deliver it up being required thereunto by Letters from the Generall Order that if the said Colonell Poyer shall not within twelve houres after notice hereof surrender the Castle with all the Armes and Ammunition therein that then the said Colonell Poyer and all that shall adhere to him are hereby declared Traytors and Rebells and the Generall is hereby required to reduce the said Castle and to bring the said Colonell Poyer and his adherents to Justice and the Generall was requir'd to send this Order that the Colonell might not plead excuse Colonell Langhurne likewise raised a body of men and came to the assistance of Colonell Poyer and had gathered together a considerable body of men neere 2000 Horse and foote They publish a Declaration of their Resolutions to establish his Majesty in his full power and dignity The Generall Order'd thirty Companyes of Horse and foote to suppresse them under the Command of Colonel Horton The King though set aside and confin'd to the Isle of Wight was more formidable this Summer then ever he was since the beginning of the late troubles for the very name of a King was now grown into great credit with the people throughout the Kingdome and by it not onely tumults but Armyes were raised A mutiny hapned at Bury about a Maypole some discontented persons declare for the King the House order the Generall to send some forces who besieged it and after some time was delivered up to mercy Chepstow was likewise surprized for the King On the 22 of Aprill the Earle of Northumberland Inform'd the House of the escape of the Duke of Yorke from St James's The manner thus The Earle went as his custome was to attend the Duke at eight a clock at night after some stay the Duke came from his brothers Chamber when the Earle was gone the Duke went out againe as his manner was in way of play to obscure himselfe that his Gentlemen might seeke him which accordingly they did but could not find him upon search they Informe the Earle who upon enquiry dilcovers that he had borrowed the Key of the Garden doore the day before of the Gardner as also there was discovery made of his footsteps The Parliament in Scotland order a Committee for safety who advise that an Army of 40000 men be forthwith Levied for the preservation of his Majesty and Kingdome of Scotland notwithstanding diverse Lords Knights and Gentlemen Members of the Parliament Remonstrate of their utter dislike of it Immediately the Parliament of England Order the fortifying of Newcastle and Hull to prevent the Scots Invasion The Parliament men being summon'd to attend the House were cald over and found to be neere 320 men A Petition was presented to the Parliament from the City Requiring the Armyes removall from the City and that the Posts and Chaines may be put up for the
Horse the next day he came to Windsor and was deliver'd up to the Governour who had Instructions not to permit him to be spoken with nor visited by any but by speciall order from Parliament or Generall Divers of the secluded Members were discharged by the Generall on the 23 of December The Commons order a Charge to be drawne up against the Capitall offenders of the Kingdome and amongst the rest the King was named Decem. 28 an Ordinance was brought into the House nominating divers persons to try the King which being tenderd to the Lords was refused Major Pitcher an Active stout man for the King having his life Granted on promise to goe out of the Land was apprehended and shot to death in St Pauls Church-yard The Commons seeing the Lords averse proceed themselves and agreed to the Commission brought in for Triall of the King and order the Commissioners to meete on Munday in the painted Chamber to consider of manner time and place January the9th the Lords Vote that the King could not commit Treason against the Common-wealth and order a Declaration to be drawne up of the Grounds and reasons of their rejecting the Commission for triall of the King and another That no Act of the Commons is binding without the consent of the Lords The Queene sent a Letter to both Houses craving leave to come over to visit her husband but it would not be Granted The Ministers of London though now too late came to the Generall at White Hall to declare their dislike of the proceedings which begat a High contest The Commons Adjourne part of Hillary Tearme in order to the Kings Triall Some Judges for dissenting from the Kings Triall are displaced Jan. 17. The Commissioners for Triall of the King meet in the painted Chamber and debated whether they should have in Court the Mace and Sword and accordingly it was Resolv'd to have both Mace and Sword the Sword alone being too terrible The Commons upon the Kings request Order Dr Juxson Bishop of London to attend him as Chaplain Proclamation was made in Westminster Hall and the Old Exchange for witnesses to come in against the King Fryday the 19 of January the King was brought from Windsor Castle and was met by a Regiment of Horse four miles from London and that night lodg'd at St James's The Kings Bench-Bar and Chancery were appointed for the Commissioners to sit in which were Rayled and Scaffolded in the midst was placed a Crimson Velvet Chaire for the President with a Desk before him on which lay a Crimson Velvet Cushon The Seates all Covered with Red Beneath was a Table with a Turky Carpet for the Carkes On saturday the 20 of January the King was brought with a strong Guard of foote through St James's Parke to White Hall and from thence was convay'd by water to Sir Robert Cottons House with a Guard of twenty Partesons The President Sargeant Bradshaw with his Traine held up before whom was Carried the Sword by Collonell Humphrys and the Mace by Sergeant Dandy after whom came seventy Commissioners the Councell was Mr Aske a Lawyer of the Inner Temple Dr Daureslaus a Civilian and Mr Cooke of Grays Inne was Solicitor Genenerall for the businesse The Court being sat the Commission by which they sat was Read together with the Commissioners names The President commanded the Sergeant at Armes to fetch in the Prisoner who immediately brought the King attended by a Guard of Partezons and placed him in a Chaire He was no sooner sat but with a sterne Countenance he viewed the Court Lookt up toward the Galleries and rising from his Chaire turn'd himselfe to behold the vast multitudes of Souldiers and others that were in the Hall It was further observable that at his Majesties first coming into the Court the top of his staff fell off which none stooping for he took up himselfe Silence being Commanded the Lord President told the King they were assembled by the Authority of the Commons of England to proceed to the Triall of Charles Stuart King of England who had betrayed the trust reposed in him by the people and Commanded the Charge to be read in Open Court which was to this effect That the said Charles Stuart being admitted King of England and Intrusted with a Limited power to Governe according to the Laws for the good and benefit of the people and preserving their Rights and Liberties yet neverthelesse out of a wicked designe to uphold himselfe by a Tyrannicall power according to his will thereby to overthrow the Rights and Liberties of the people yea thereby to make voyd the foundation thereof he the said Charles Stuart for accomplishing such wicked designes and for the protecting himselfe and his adherents in his and their wicked practices hath traiterously and maliciously Levied war against the present Parliament and the people therein represented Particularly upon or about the 13 day of June 1642 at Beverly in the County of York and at or upon the 13 day of July in the yeare aforesaid in the County and City of York and upon the 24 of August in the same yeare at the County of the Towne of Nottingham when and where he set up his Standard of War and on about the 23 of October in the same yeare at Edg-hill and Keinton field and upon or about at 13 day of November in the same yeare at Branford in the County of Middlesex and at or upon the 13 of August 1643 at Cavesham bridge neare Reading in the County of Berks and at our upon the 13 of October in the same yeare at or neare the City of Glocester and at or upon the 30 of November in the yeare last mentioned at Newbery in the County of Berks and at Crepida bridge the 13 of July 1644 and the third of September in the same yeare at Bodmin and other places neere adjacent in Cornwall and on the 30 day of November in the yeare last mentioned at Newbery aforesaid and on the 8 of June 1645 at the Towne of Leicester and also on the 14th day of the same moneth in the same yeare at Naseby field at which severall times and places or most of them and at many other places in the Land at severall other times within the yeares aforementioned as also in the yeare 1646 He the said Charles Stuart hath caused many thousands of the people of the Nation to be slaine by divisions partyes and Insurrections in the Land by Invasions from forraine parts endeavoured and procur'd by him and by many other evill wayes and meanes He the said Charles Stuart hath not onely maintain'd and carried on the said war by Land and Sea during the yeares aforementioned but hath also revived or caus'd to be revived the said war against the Parliament and the good people of the Nation this present yeare 1648 in the Counties of Kent Essex Sutry Sussex and Middlesex and in many other Counties in England and Wales and also by Sea And particularly
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