had taken upon him the Command of the Fleet for which Reasons the King was resolv'd to punish Hotham Indeed the E. of W. had been by the Parl. commended to the King as the fittest man for Admiral the E. of N. being then sick but he was rejected by the King who conferr'd that place upon Sir John Pennington Yet afterwards the Parl. conceiving it necessary to get the Fleet into their hands they found means notwithstanding the Oppositions of Sir J. Pennington and his Adherents to make the E. of W. Admiral after which a Ship laden with Arms and Ammunition from Holland for the King being ignorant of the matter fell in among the Fleet and was by the E. of W. sent to the Parliament The Parliament now thought fit to Arm and therefore resolve that an Army shall be raised for Defence as they term it of King and Parliament and the Earl of Essex to be Capt. General and the E. of Bedford to command the Horse the E. of Holland Sir John Holland and Sir Will. Stapleton were ordered to carry a Petition to the King then at Beverly the effect whereof was To pray him to disband all his Forces to recal his Commissions of Array dismiss his Guard and return to the Parliament All which the King refused The Parliament next consider of raising Money and so declare for Loan upon the Publick Faith to promote which the endeavours of the Ministers were very serviceable whereby in a short time a very considerable quantity of Money Plate and Ammunition were brought in The King was likewise furnished with Money from the Queen upon the pawned Jewels and some Contributions from divers Lords and Gentlemen and the University of Oxford The King goes from Beverly to Leicester and there Proclaims the Earl of Stamford Traitor for removing the County Magazine from the Town to his own House at Bradgate Aug. 1. the King comes back to Yorkshire and raises a Regiment under the E. of Cumberland which he called Prince Charles his Regiment The Parliament on the other side declare the Commissioners of Array to be Traitors and disturbers of the State and Peace of the Kingdom and Lievtenants of â—everal Counties were constituted by Parliament The King likewise deals with their Commanders as â—hey did with his and Proclaimed General Essex with all his Collonels and Officers who should not â—nstantly lay down their Arms to be Rebels and Traiâ—ors and the Marquess of Hartford and his Forces â—â—re ordered to march against him The King then â—ummons in the Countrey on the North side of Trent â—nd 20 miles Southward and publisheth his Grand Declaration concerning all transactions between himself and the Parliament August 22. 1642. The King comes to Nottingham â—nd there erects his Standard to which some numbers resorted but far short of what was expected And three days after the King sends a Message to the Parliament to propose a Treaty the Messengers were â—he Earls of Southampton and Dorset Sir John Culpeper Chancellor of the Exchequer and Sir William Vdall none of which were suffered to sit in the House to deliver their Errand therefore it was sent in by the Usher of the Black Rod to which the Parliament Answered That untill His Majesty shall recall his Proclamations and Declarations of Treason against the E. of Essex and them and their Adherents And unless the Kings Standard set up in pursuance thereof be taken down they cannot by the fundamental Priviledges of Parliament give his Majesty another answer The King replyes that he never intended to declare the Parliament Traitors or set up his Standard against them but if they resolve to Treat either Party shall revoke their Declarations against all Persons as Traitors and the same day to take down his Standard To this they answer That the Differences could noâ— any ways be concluded unless he would forsake hiâ— evil Councellors and return to his Parliament And accordingly Sept. 6. they Order and Declare thaâ— the Arms which they have or shall take up for thâ— Parliament Religion Laws and Liberties of the Kingdom shall not be laid down untill the King withdraw his Protection from such persons as are or shall be Voted Delinquents and shall leave them to Justice that so their Estates may discharge the Debts and Loan Moneys of the Common-wealth The War being now begun the new raised Souldiers committed many Outrages upon the Countrey People which both King and Parliament upon Complaint endeavoured to rectifie The King himself was now Generalissimo over his own his Captain General was first the Marquess of Hartford and afterward the E. of Lindsey and the E. of Essex for the Parliamentarians The Kings Forces received the first repulse at Hull by Sir John Hotham and Sir John Meldrum and the King takes up his Quarters at Shrewsbury Portsmouth was next surrendred to the Parliament and presently after Sir John Byron takes Worcester for the King In September the two Prince Palatines Rupert and Maurice arrived in England who were presently entertained and put into Command by the King who having now got together a potent Army he made a solemn Protestation to them of his candid Intentions and sincere meaning to defend the Protestant Religion the Laws and Liberties of the Subject and Priviledges of Parliament according to the former protestation at York Sept. 9. the Earl of Essex in great State attended on by the Parliament set forth out of London toward St. Albans and from thence to Northampton where all his Forces met amounting to near fourteen thousand men having with him the Parliaments Petition which he was to present to the King the effect of which was That his Loyall Subjects the Lords and Commons in Parliament cannot without tenderness of Compassion behold the pressing Calamities of England and Ireland by the Practices of a prevailing Party with his Majesty to alter true Religion and the Ancient Government of this Kingdom introducing Superstition into the Churches and Confusion in the State Exciting encouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacres by drawing on a War against the Parliament leading his Person against them as if by Conquest to establish an unlimited Power over the People seeking to bring over the Rebels of Ireland to joyn with them And all these evil Councellors are Defended and protected against the Justice of the Parliament who have for their just Defence of Religion the Kings Crown and Dignity the Laws Liberties and Power of Parliaments taken up Arms and Authorized the E. of Essex to be their Captain General against these Rebels and Traytors And pray the King to withdraw his Person and leave them to be supprest by his Power and to return to his Parliament and that they will receive him with Honour and yeild him Obedience secure his Person and establish him and his People with all the Blessings of a Glorious and Happy Reign This Petition was never delivered though Essex sent twice to the King for
and for the first offence in refusing to forfeit all their Goods for the second their Estates and for the third their Lives And besides this they presented them with the hopes of Liberty That the English Yoke should be stricken off That they should have a King of their own Nation and that then all the Goods and Estates of the English should be divided amongst them With these Motives of Spoil and Liberty which were strengthned by the former of Religion the Rebellion increased The Rebels in Ulster commanded by Sir Phelim O Neal assisted by his Brother the Brother of the Lord Mac Guire Philip O Reley and several others had possessed most of the strong places in that Province and many other which they could not take by force nor treachery were delivered to them by the English upon Articles which they afterwards like true or rather false Papists most perfidiously broke Butchering and Massacring the poor English without pity or compassion to Age or Sex though they still spared the Scotch Plantations in Ulster because of their Numbers and likewise for fear of the Scotch Army so easily to be transported to the North parts of Ireland But now their General Sir Phelim O Neal one of the Race of the late Bloody Earl of Tyrone a pretended Protestant till some time before having got together a vast number of the Natives fell upon them and destroyed their Houses and Goods and though they did not exercise that Cruelty on their Bodies yet they stript them and drove them Naked to the Scotish Shore from thence he marched into other parts and took Dundalk incamping at Arde near Tredagh The King finding his stay to be longer than he thought left the whole business of Ireland to the Parliament who declared a speedy and vigorous Assistance and Voted Fifty thousand Pound for a present Supply By which time the Lords of the Council of Ireland had Armed as many as were able and given Commissions for raising several Regiments of whom the Earl of Ormond was made Lieutenant General and a Regiment was sent from England under Sir Simon Harcourt about which time the King returned out of Scotland and was Entertained and Feasted at London and from thence Conducted to White-Hall after which the King Treated several Chief Citizens at Hampton Court where divers of the Aldermen had the honour of Knighthood December 2. The King Summons both Houses together and tells them That he had staid in Scotland longer than he expected yet not fruitlesly for he had given full satisfaction to that Nation but cannot chuse but take notice of and wonder at the unexpected Distractions he finds at home and then commends to them the State of Ireland next he publishes a Proclamation for Obedience to the Laws in force concerning Religion and the performance of Divine Service without Innovation or Abolishing of Rites and Ceremonies January 20 His Majesty makes another Speech to them and Conjures them by all that is dear to him or them to hasten the business of Ireland After which the Commons ordered a Select Committee to draw up a Petition and Remonstrance to the King the Petition was thus Most Gracious Soveraign your Majesties most humble and faithful Subjects the Commons in this present Parliament Assembled do with joy acknowledge the Favour of God in your safe return into England where the dangers and distempers of the State have caused them to desire your Presence and Authority to your Parliament for preventing of imminent Ruin and Destruction to your Kingdoms of England and Scotland fomented by a malignant party for alteration of Religion and Government the increase of Popery by the Practice of Jesuites and other Engineers and Factors of Rome corrupting the Bishops and Privy Council they being the cause of the late Scottish War and the Irish Rebellion Now for prevention they pray That your Majesty would concur with your Parliament to deprive the Bishops of their Votes To take away Oppression in Religion Church Government and Discipline To purge your Councils of such as are promoters of these Corruptions and not alienate any Escheated Lands in Ireland by reason of the Rebellion and these being granted we will make you happy This was followed by a large Remonstrance containing all the Miscarriages and Misfortunes which they termed Pressures since the beginning of his Majesties Reign As 1. The root and ground of these dangers 2. Their Maturity and Ripeness 3. The effectual means used for their Extirpation and the progress therein made 4. Thâ— Obstructions and Oppositions interrupting 5. Thâ— best means for removing these Obstacles and foâ— accomplishing the Parliaments good Intentions for restoring this Nation to its Ancient Renown The Actors and Promoters of these Evils werâ— described to be 1. The Jesuited Papists 2. Thâ— Bishops and corrupted Clergy 3. Interesteâ— Counsellors and Courtiers The root of the miâ—chief was the Malignant Party whose Practiceâ— were branched into four particulars 1. To foment differences and discontents between thâ— King and People about Prerogative and Priviledge for their own Advantages 2. To suppress thâ— purity and power of Religion 3. To Unite and Conjoyn Papists Arminians and Libertines and out of them all to compose a Body sufficient to carry on their Designs And 4. To disaffect the King to the Parliament by Slanders and by putting him upon other ways of Supply than by Parliament and that the Intentions of these Malignants were to subvert the Fundamental Laws and Principles of Government They then charge this Malignant Party more particularly as chiefly occasioning the Dissolution of three several Parliaments without Relief of Grievances The Imprisoning and Fining several of the Members raising great Sums of Money by Loan Privy Seals and Excise and blasting The Petition of Right The succesless Attempts upon France and Spain and Peace made with the Spaniard without consent of Parliament The loss of Rochel occasioned by lending part of our Fleet to the French King deserting the cause of the Palatinate charging the Kingdom with Billeting Souldiers and the Design of bringing in German Horse to inslave this Nation to Arbitrary Contributions Lastly they reflect upon Scandalous Declarations published against the Parliament upon Injustice Oppression Violence Illegal Inlargements of Forrests Coat and Conduct Money Corrupt Councils and Designs Projects Monopolies Illegal Proceedings in Courts of Judicature and Council Table charging the Bishops likewise with many Enormities particularly for contributing to raise an Army for constraining the Scots to conform to their Superstitious Ceremonies concluding with what they have done for the Reformation of these Abuses To their Petition the King returned this Answer That he knows not any Wicked or Malignant Persons whom he doth either countenance or imploy That he would concur with his People in a Parliamentary way against all Popish Designs but would not consent to deprive the Bishops of their Votes in Parliament That he judged the power of the Clergy sufficiently moderated by taking away the High Commission Court and
THE HOVSE OF LORDS THE HOVSE OF COMMONS THE WARS IN ENGLAND Scotland and Ireland OR An Impartial Account of all the Battels Sieges and other Remarkable Transactions Revolutions and Accidents which have heppened from the beginning of the Reign of King CHARLESI in 1625 to His Majesties happy Restauration 1660. Illustrated with Pictures of some Considerable matters curiously Ingraven on Copper Plates LONDON Printed for Nath. Crouch and John How at the Seven Stars in Sweetings Alley near the Royal Exchange in Cornhill 1681. TO THE READER THis small Volume is intended for the use of those who cannot go to the price of a greater and yet would willingly be informed of those wonderful Transactions and Revolutions which have happened in these Three Kingdoms of England Scotland and Ireland in this last Age and within the memory of many now living And though it cannot be expected that a large Account of every particular Accident can be comprehended in this little Compendium yet I have endeavoured without the least passion or partiality briefly to comprise the most considerable Matters Now as the Things here inserted are more remarkable both for their Variety and Quality than it may be ever happened at any time heretofore in so short a space so the serious perusal and consideration thereof may be very useful and necessary for quieting the present Discontents and deplorable Distractions that are now amongst us since these were the Forerunners of those miserable Wars Ruins and Desolations which are herein related wherein all Bonds of Religion Alliance and Friendship were utterly destroyed Wherein Fathers and Children Kindred and Acquaintance became unnatural Enemies to each other so that with some little Variation we may apply what Lucan writes of the Civil Wars of Rome to England in those times Wars more than Civil on the Brittish Plains Then happened and England Distzins In her own Bowels her Victorious Swords Where Kindred Hosts Encounter all Accords Of Empire broke where arm'd to Impious War The strength of all the shaken Land from far Is met known Ensigns Ensigns do desie Fathers by Sons and Sons by Fathers die What fury Countrey-men what madness cou'd Move you to feast your Foes with English Blood And chuse such Wars as could no Triumphs yield Whilst yet proud Babylon unconquer'd held Alas what seas what lands might you have ta'ne VVith that bloods loss which your own hands have drawn Let us all therefore who pretend to the name of Christians study to be quiet and follow Peace with all men which is the most Effectual means to prevent those Confusions and Miseries which we have lately suffered and under the effects whereof we still groan and that this short Narrative may be useful to this purpose is the earnest and hearty desire of Your Countrey-man and Well-wisher RICHARD BVRTON THE WARS IN England Scotland and Ireland c. BEfore we proceed to give an Account of those Unnatural Wars Ruins and Devastations which have happened in these Kingdoms in this Last Age it may seem necessary by way of Introduction to give a Relation of several previous Transactions before these Woful Calamities befel us Upon the 27th day of March in the year 1625 King James departed this life at Theobalds in the Fifty ninth year of his Age when he had reigned Twenty two years compleat And in the Afternoon of the same day Charles Prince of Wales his only Son then living was proclaimed King of Great Britain France and Ireland The first thing he did was performing the Ceremonies of his Fathers Funeral in which the King himself in Person followed as chief Mourner immediately after the Herse having his Train of black Velvetborn up by the Twelve Peers of the Realm at his right hand the Earl of Arundel and at his left the Earl of Pembroke He then proceeded to his Coronation and after that he consummated the Marriage with Henrietta Maria younger Daughter of the Great Henry the Fourth King of France whom he had formerly seen in his Journey through that Countrey into Spain his first Complement to her when he went to meet her at Dover was That he desired to be no longer Master of himself then he was Servant to her which indeed he made good for on the day before his deplorable death he desired his Daughter the Lady Elizabeth to assure her Mother if ever he saw her again That his Thoughts had never strayed from her and that his Affections should be the same to the last The King then called a Parliament which Assembled the Eighteenth of June follwoing to whom he represented in a short Speech The urgent necessity of raising a Subsidy since it would not agree with his Kingly honour to shrink from the War with Spain which his Father upon solid Considerations had by consent of both Houses undertaken although prevented by death from putting it in Execution That Money the sinews of War must be levied without which neither Army nor Fleet could move former Contributions being already disbursed to a penny That he should seem ridiculous to all Europe if he did not now at length proceed to Action That it was his first Enterprize the success whereof would have influence upon his following Reign That it concerned their own Reputations herein to Assist him effectually least the world should judge them to have betray'd their King That Celerity was necessary because of Winter then approaching a season prejudicial to Martial Attempts the Pestilence at that time Reigning in the City which in all probability might cause a sudden Dissolution of their Meeting All which Arguments if duly considered did evidently demonstrate That it was most Honourable Opportune and safe to use Expedition in the business As for Religion and Manner of Government he was resolved to tread in his Fathers steps hoping that his former life had ministred no just grounds for them to suspect the contrary The Parliament acknowledged these Arguments for a Subsidy to be very rational but yet would not suddenly resolve upon it till they had first presented their two Petitions concerning Beasons of Religion and Complaint of their Sufferings which points had been offered to his Father King James in the close of his last Parliament and by his death were left hitherto unanswered In both which they received competent satisfaction and likewise an account of the Arrears which were due to the Forces both by Sea and Land together with an Estimate of the future Charge and Expence of the Spanish War upon which the King obtained of the Laity freely and absolutely Two Subsidies to be paid by Protestants and four from Papists and three Subsidies from the Clergy In this Parliament Dr. Montague the Kings Chaplain was questioned for certain Tenets in his Answer to a Book called the Romish Gagger and his defence thereof Intituled Appello ad Caesarem And he being brought before the Bar of the House the Speaker declared their pleasure That they would refer his Censure till the next meeting and in the mean
Protestation to maintain with Life Power and Estate the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations Which was ordered to be printed and published through the Kingdom May 5. The Lords acquainted the Commons That they thought it the safest course to lay by the Bill of Attainder because it brought in the King for Judge And the next day they debated the several Articles of his Impeachment and voted the Earl guilty of High Treason upon Two of them that is the 15th For Levying of moneys in Ireland by force in a Warlike manner And the 16th For Imposing an Oath upon the Subjects of Ireland The Commons had now finished a Bill For the Continuance of the Parliament which having passed the Lords was tendred to the King to be signed together with the Bill of Attainder His Majesty answered That on Monday following he would satisfie them and on the Sunday before the King spent the whole day in consulting about the Earl of Strafford with the Judges and Bishops The Judges told him That in point of Law according to the Oath made by Sir H. Vane of the Earls advice to raise Horse to awe this Nation he was guilty of Treason In the evening the Five Bishops viz. of Armagh London Durham Lincoln and Carlisle were called in to the King to satisfie his Conscience about it who all agreed That the King might shew mercy without any scruple and that he could not condemn the Earl if he did not think him Guilty This was to matter of Fact but as to matter of Law He was to rest in the Opinion of the Judges Monday May 10. The King gives Commission to several Lords to pass Two Bills one the Bill of Attainder against the Earl of Strafford The other For Continuing the Parliament during the pleasure of both Houses Which last Act was occasioned for satisfying the Scots who required Vast Sums of Money and for disbanding both the Armies whereby great Taxes were laid upon the People by Act of Parliament which could not possibly be levied in a short time and therefore there needed a present Supply from the City of London who as it was alledged would not part with their money least a Dissolution of the Parliament should happen before payment upon which Account the King was pressed to pass this Act. The same day the Bill was passed against the Earl of Strafford the King sent Sir Dudley Carlton Secretary of State to acquaint the Earl with what was done and the motives thereto whereat the Earl was greatly astonisht but the next day the King being troubled writes a Letter with his own hand to the House of Lords and sent it by the Prince of Wales telling them That whereas Justice had been satisfied in his Condemnation an intermixture of mercy would not now be unseasonable and therefore he desired them that if it might be done without any discontent to the People the Earl might be permitted to fulfil the Natural Course of his Life in close Imprisonment sequestred from all Publick Affairs provided he never attempted to make an Escape however he thought it a work of Charity to repreive him till Saturday But nothing could be obtained in favour of him but that the Lords said Their Intention was to be suitors to His Majesty to shew favour to his innocent Children and that whatever provision himself had made for them it might be confirmed Some Designs were said to have been laid for his Escape however May 12 1641 the Earl of Strafford was conveyed from the Tower by a Guard consisting of the Trained Bands Marshals men Sheriffs Officers and Warders of the Tower Before him went his Gentleman-Usher bare headed and he himself followed accompanied with the Archbishop of Armagh and others As he went along he passed by Arch-bishop Lauds Lodging and spying him at the Window he called to him for his Prayers and his Blessing but the Bishop at the sight of him was so surpriz'd that for some time he could not recollect himself and being reprehended by his Friends of an undecent Pusillanimity He Replyed That he doubted not but when that bitter Cup should come to his turn he should taste it with a most Christian Courage The Earl being come to the Scaffold upon Tower-hill addrest himself to the Arch-bishop of Armagh to this Effect That he was come to pay the laâ—â— Debt he owed to Sin with a good hope of rising agaiâ— to Righteousness That he dyed willingly forgave alâ— and submitted to Justice He professed himself guiltless as to the matter for which he dyed He wished aâ—â— prosperity to the King and People and acquitted him from the guilt of his death as having acted thereiâ— no otherwise then as constrained He advised his Adversaries to repent of their Violent Proceedings againâ—â— him and telling them that he thought it a strange waâ— to write in Blood the beginning of Reformation and Settlement of the Kingdom However he wished that hiâ— Blood might rest and not cry against them He declared He died in the Faith of the Church of England for whose happiness he prayed and concluded his Speech with intreating the Spectators to pray for him After which he kneeled down to Prayer and rising up again took his last leave of his Brother Sir George Wentworth and all his Friends sending his Love to his Wife and his Blessing to his Children with a most strict Injunction to His Onely Son Never to meddle with the Patrimony of the Church And theâ— giving the sign to the Executioner his head waâ— severed from his body at the first stroke This was the end of that Great and Able Minister of State who is reported when he heard the King had consented to the Bill of Attainder to have lift up his Eyes to Heaven and clapping his hand upon his heart to have cried out perhaps in immitation of Cardinal Woolseys Complaint Put not your Trust in Princes nor in the Sons of Men for in them is no Salvation And indeed it seemed very hard that he shou'd be made guilty of High Treason by a Bill framed on purpose without former President and to which His Majesties Consent was in a manner extorted and which he afterward bewailed with great remorse of Conscience though it is said the King was not so much convinced by any thing said to him but the chief Motive was a Letter from the Earl wherein he thus concluded Sir To set your Majesty's Conscience at Liberty I do most humbly beseech you for the Preventing of such mischiefs as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but this Unfortunate Thing forth of the way towards that blessed Agreement which God I trust shall forever establish between You and Your Subjects My consent herein shall more acquit you to God then all the world can do beside To a willing man there is no injury
Council great Officers and Ministers of State may be put out except such as the Parliament shall approve and that an Oath be tendered them 2. That all Affairs of State be managed by the Parliament except such matters as are transferr'd by them to the Privy Council and to be concluded by the major part of the Nobility under their hands the full number not to exceed twenty five nor to be under Fifteen If any place shall fall Void in the interval of Parliament then that the major part of the Council chuse one to be confirmed at the next Session of Parliament 3. That all great Officers of the Kingdom shall be chosen with Approbation of Parliament 4. That the Government and Education of the Kings Children be by appointment of Parliament 5. That their Marriages be treated and concluded by Parliament 6. That the Laws against Papists Priests and others be executed without Toleration or Dispensation except by Parliament 7. That no Popish Lord or Peer have Vote in Parliament and their Children be educated in the Protestant Faith 8. That Church Government be reformed as the Parliament shall advise 9. That the Militia be settled as the Parliament have ordered and that the King recall all his Declarations published against their Ordinances therein 10. That all Privy Councellors and Judges take an Oath for the maintenance of The Petition of Right and other Statutes which shall be made this Parliament 11. That all Officers placed by Parliament hold their places Quam diu bene segesserint as long as they shall act justly 12. That all Members of Parliament put out during this time be restored again 13. That the Justice of Parliament pass upon all Delinquents and that they appear or abide their censure 14. That the general Pardon pass with Exceptions as the Parliament shall advise 15. That all Forts and Castles of this Kingdom be disposed of by Parliament 16. That the King discharge all his Guards and Forces now in being and not raise any other but in case of actual Rebellion 17. That the King enter into strict Alliance with all Protestant Kingdoms and States for their Assistance to recover the Rights of his Sister and her Princely Issue to those Dignities and Dominions which belong to them 18. That the Lord Kimbolton and the Five Members be cleared by Act of Parliament 19. That no Peer hereafter to be made shall sit in Parliament without their consent These propositions were rejected by the King as inconsistent with his Regality so that now Men began to dispair of any good issue for both sides make preparations for War The King sending out his Commissions of Array and the Parliament published an Order June 10. for bringing in money or plate to maintain the Horse Horse-men and Arms for the publick peace and defence of the King and both Houses of Parliament and declared the Kings Commission to be against the Law Liberty and property of the Subject and the Actors therein to be disturbers of the peace and Betrayers of the Subjects Liberty At this time the Lord keeper Littleton having delivered the Great Seal to one Eliot whom the King sent for it durst not stay behind for fear of being questioned but went to the King to York as many of the Peers did likewise whom the King summoning together as also his Privy Council he declares and protests to them That he would not Usurp any Illegal Authority over them but is ready to maintain them against all others that would And that he would defend them from all Votes and Orders of Parliament together with the true Protestant Religion the lawful Liberty of the Subject and the just Priviledges of the Three Estates of Parliament nor will he Engage them in any War but what shall be for the necessary defence of his and their rights Whereupon they all ingaged to him their Duty and Allegiance in a most Solemn-Protestation After which the King sent Letters to Sir Rich. Gurney L. Mayor and the Aldermen and Sheriffs of London forbidding them upon peril of having their Charter questioned to levy Arms or raise Money upon pretence of a Guard to the Parliament or any other Account except only the relief of Ireland or the payment of the Scotch Subjects At this time the King publisheth a General Declaration wherein he descants upon all the Parliaments Declarations for the last 7 Months but especially the last professing that hence forward he expects they should break out into disloyal Actions declaims against their making the defence of the King to be the pretence for their raising Forces protests his own constant Resolution for the preserving of Peace Religion the Laws and Subjects Liberties and expects all his Subjects to assist him against the Traiterous Attempts of such Men as would destroy his Person Honour and Estate and bring on a Civil War engaging that whosoever shall bring to him Money Ammunition Horse or Arms shall receive Eight Pound per Cent. Consideration and have good Assurance of both Principal and Interest upon his Forrest Lands Parks and Houses After this the King by Proclamation forbids all Levies of Forces and all Contributions to such Levies without his express pleasure grounding it upon several Statutes as 7 Edw. 1. 2 Edw. 3. And then minds them of their Oath of Allegiance by which they were bound to be Faithful not to the King only as King but to his Person as King Charles contrary to the Parliaments distinction betwixt his Person and his Authority his Person at York and his Authority in Parliament and concludes with justifying his Commission of Array which were now Issued out in several Counties in England and Wales to this the Parliament reply and the King again to them which was followed by several Messages to and fro all which rather exasperated than allayed the difference and now began England to be divided as Italy once was into Guelphes and Gibbellines so they into Rovallists and Presbyterians or Cavaleers and Roundheads After this the King makes a Progress from York into the Counties of Nottingham and Lincoln and Summons the Gentlemen and Freeholders to Newark he Caresses them with the most obliging expressions imaginable And July 11 1642 His Majesty sends a Message to the Parliament to Certifie them of his Intentions to reduce Hull by force if not forthwith delivered to him which if they should do he would then admit of their future Addresses and return such Propositions as might best conduce to prevent the approaching War together with this Message he sent them likewise a Copy of the Proclamation which he had publish'd against Sir J. Hotham wherein he complains of the Affront done to his Person by Sir J. and of the Parl. justifying that Action by their Votes and Orders That Hotham having fortified the Town and drown'd the Countrey had also set out a Pinnace at Sea which had intercepted his Pacquet Boat with the Queens Letters and that the E. of Warwick contrary to the Kings Command
That if he had the least Thoughts of disagreeing with the happiness of this Kingdom he would not advise with such Councellors as they were And so the upper Schools were assigned to the Lords and the Convocation House to the Commons In this Parliament besides the Prince D. of York L. Keeper Littleton Treasurer Cottington D. of Richmond and Marquess of Hartford there were 19 Earls and as many Lords and 117 Knights and Gentlemen and afterwards 5 Lords and 23 Gentlemen more came to them The first thing they fell upon was to consider of means for effecting a Peace to which end a Letter was written to the E. of Essex and subsigned by all their hands who returned no answer but sent it to the Parliament at Westminster Jan. 16. 1643. The Scots Army entred England by the way of Newcastle being 18000 Foot and 2000 Horse under Gen. Levens For assisting the Parliament in pursuance of the Solemn League and Covenant and declaring the Justness of their Cause which they profess to be Reformation of Religion Honour of the King and Peace of the Kingdoms and that the main end of their coming is to rescue the King from his pernicious Counsellors The Parliament caresse the Scots Army and impower them to assess for themselves the Twentieth part of all Malignants Estates as they called them in the North besides what other Counties were assessed for them But the E. of Newcastle is marching to give them rougher entertainment and the L. Fairfax sent his Son Sir Thomas against him Sir John Mâ—ldrum with 700 men besieged Newarks and is blockt up by Prince Rupert whereupon they parleyed and upon Articles were suffered to march away leaving their Match Bullet Powder Cannon and all other Fire-Arms behind them In the mean time Matters are preparing for Scotland by James Marquss of Montro's who had formerly sided with the Covenanters but now the King understanding he had really forsaken them gives him a Commission to be General Governor of Scotland and orders him Forces to go into the heart of that Kingdom for a diversion to the Scots In the year 1644. the Twentieth of his Majesties Reign Sir Will. Waller defeats the L. Hoptons Forces and takes Winchester and Oliver Cromwell was made Governor of Ely Beudly is surprized by Coll. Fox for the Parliament and the Garrisons of Selby and Heintough are taken by the L. Fairfax and his Son Prince Rupert raiseth the siege at Latham House The King at this time in the presence of the Peers at Oxford received the Sacrament at Christs Church at the hands of Bishop Vsher where he used these solemn Protestations My Lords I espy here many resolved Protestants who declare to the world the Resolution I do now make I have to the utmost of my power prepared my Soul to become a worthy Receiver and may I so receive comfort by the Blessed Sacrament as I do intend the establishment of the True Reformed Protestant Religion as it stood in its beauty in the happy days of Q. Elizabeth without any connivance at Popery I bless God that in the midst of these Publick Distractions I have still Liberty to communicate and may this Sacrament be my damnation if my heart do not joyn with my lips in this Protestation The Parliament at Westminster Voted it Treason for any Member or Member of either House to desert them and to go to the King and they never to be received again The King marcheth out of Oxford and iâ— followed by Essex and Waller he defeats Waller at Cropredy-Bridge and Essex is blockt up by the Kings Forces in Cornwall and July 4th the King sends several Letters to the Parliament about a Treaty of Peace Sept. 12. the Parliament at Oxford Assemble again but falling into Factions and Divisions the King in March following Dissolves them The Earl of Newcastle was besieged in York about two months to whose relief Prince Rupert advanceth Northward with a great Power of Horse and Foot upon whose approach to the City the Beseigers drew off and those within sally out upon their Rear the E. of Newcastle being thus relieved joyns with P. Rupert resolving to follow the Parliamentarians and give them battle which accordingly they did upon a Plain called Marston-Moor where about 9000 men were slain for the Royalists having near routed the Parliaments Army pursued the Chace so far that the Victory was snatcht out of their hands and the Parliament obtained an entire Victory after 3 hours Fight resolutely maintained on both sides After which York was delivered up to the Parliament and they soon became Masters of all the North and Levens the Scotch General takes Newcastle After this Battel which was the greatest both for the fierceness of it and for the number of Souldiers on both sides P. Rupert goes into Lancashire but the E. of Neweastle lately made Marquess with his two Sons and his brother Sir Charles Cavendish General King the Lord Falconbridge the Lord Widdrington the Earl of Cranworth the Bishop of London-derry Sir Edward Widdrington Coll. Carnaby Col. Basset Col. Mouson Sir William Vavasor Sir Francis Mackworth with about eighty other persons upon some discontent refused to engage any further in the Kings Cause and went over to Hamburgh New Levies are now made by the Parliament and 〈◊〉 Attempts were made by the Parliamentarians upon Dennington Castle but in vain The Queen goâ—ng from Oxford to Exeter was there delivered of a daughter June 16 1644. who was called Henrietta Maria and afterward went from thence to Pendenâ—is Castle in Cornwall where she embarqued for France and did not return again to England till His present Majesties Happy Restoration in 1660. Banbury Castle is relieved by Sir William Compton having been besieged about 11 weeks by the Parâ—iamens Forces Coll. Myn is defeated by Massy near Glocester and himself slain and about 170 Officers and Souldiers taken Prisoners Prince Rupert sending 500 Horse and Foot to fortifie Beachly in order to his going to Ashferry they are routed by Massey who soon after takes Monmouth Town Newberry seemed to be a Place destined for Martial exploits for October 27. another great Battel was fought there between the Kings party and the Parliaments under Essex Waller and Manchester wherein the Royalists were worsted and between 4 and 5000 men slain on both sides Novemb. 19. Monmouth is retaken by the Kings Forces December 23. Sir Alexander Carew was beheaded for endeavouring to deliver up the Island of Plymouth to the Kings Forces Two Principal Irish Rebels the L. Macguire and Mac-mahon had been sent from Ireland and imprisoned in the Tower from whence they made their escape but being retaken and Tryed were found guilty of High Treason and were both Drawn Hang'd and Quartered at Tyburn though Macguire pleaded his Priviledge to the Lords as a Peer of Ireland Archbishop Laud having been accused by thâ— Parliament in 1640. as the framer of the Canons 〈◊〉 Convocation and other Delinquencies and thâ— Scots joyning him and the
the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of other mischiefs committed For all which High and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign punishment Whereas also the Parliament well hoping that the restraint and imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served only to encourage him and his Complices in the Continuance of their evil practices and in raising of new Commotions Designs and Invasions For prevention therefore of the like greater inconveniencies and to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and malitiously to imagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it Ordained and Enacted by the Commons is Parliament assembled and it is hereby Ordained and enacted by the Authority thereof That Thomas L. F. O. C. c. shall be and are hereby appointed Commissioners and Judges for the Hearing Trying and Judging of the said Charles Stuart and the said Commissioners or any Twenty or more of them shall be and are hereby authorized and Constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and adjourn from time to time and from Place to place as the said High Court or the major part thereof meeting should hold fit and to take Order for charging of him the said Charles Stuart with the Crimes above-mentioned and for the receiving his Personal Answer thereunto and for Examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and to be Executed speedily and Impartially c. Presently after this was published Proclamation was made That those who had any thing to say against the King should have a hearing given them This was proclamed first in Westminster-Hall by the Serjeant at Arms to the Commissioners Riding into the Hall with his Mace attended with six Trumpeters and other Officers who likewise rode bare into the Hall with him the Drums of the Guard beating in the mean time without in the Palace-yard And the day after Proclamation was made to the same effect in Cheapside and at the Old-Exchange And in order to this grand Tryal Hillary Term which usually begins Jan. 23. was adjourned for fourteen dayes The House of Lords refusing to concur with the Commons in their Ordinance for the Kings Tryal the Commons resolve and Vote That all Members and others appointed to Act in any Ordinance are impowered and enjoyned to Sit Act and Execute notwithstanding the House of Peers joyn not with them And now the Ministers in general and the Presbyterians likewise who had been active against the Kings Cause declare themselves both in their Pulpits and by earnest Petitions to the Parliament to be zealous abhorrers of the Kings death and every where publickly protest against this Tryal The Nobility likewise offer themselves Pledges on the Kings behalf and the People universally seem greatly troubled and astonisht Notwithstanding all which the House of Commons and the Army went desperately on and a New and Illegal Tribunal called An High Court of Justice was erected the Commissioners whereof met in the Painted Chamber to consult what course to take about the Tryal of the King Fryday Jan. 19. 1648. The King was brought with a strong Guard of Horse from Windsor to St. James's and the next day Serjeant Bradshaw President of the pretended High Court of Justice with about seventy of the Members of the said Court having Coll. Fox and sixteen Gentlemen with Partizans and a Sword born by Coll. Humphrey and a Mace by Serj. Dandy with their and other Officers of the faid Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster where the Lord President in a Crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimson Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Coll. Hacker and other Gentlemen to whose care and Custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court the Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STVART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several Names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STVART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the Principal Author of them have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves They have
of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Ch. Stuart shall make to the Premises or any of them or any other Charge that shall be so Exhibited doth for the said Treasons and Crimes on the behalf of the said people of England Impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Common-wealth of England And pray that the said CHARLES STVART King of England may be put to answer All and Every the Premises That such Proceedings Examinations Trials Sentence and Judgment may be thereupon had as shall be agreeable to Justice IT is observed that the time the Charge was reading the King sate down in his Chair looking sometimes on the Court sometimes up to the Galleries and having risen again and turned about to behold the Guards and Spectators sate down looking very sternly with a countenance not at all moved till these words viz. Charles Stuart to be a Tyrant and Traitor c. were read at which he laughed as he sate in the face of the Court. Charge being read the Lord President replyed President Sir you have now heard your Charge read containing such matters as appear in it you find That in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer King I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as 't is possible to be had of any people in the world I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high wayes but I would know by what Authority I was brought from thence and carried from place to place and I know not what and when I know by what lawful Authority I shall answer Remember I am your King and what sins you bring upon your heads and the Judgment of God upon this Land think well upon it I say think well upon it before you go further from one sinto a greater therefore let me know by what lawful Authority I am seated here and I shall not be unwilling to answer in the mean time I shall not betray my Trust I have a Trust committed to me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority therefore resolve me that and you shall hear more of me President If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the people of England of which you are Elected King to answer them King No Sir I deny that President If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for neer these thousand years therefore let me know by what Authority I am called hither I do stand more for the Liberty of my people than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it President Sir how really you have managed your Trust is known your way of answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the publick Faith of the world Let me see a legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer President Sir You have propounded a Question and have been answered seeing you will not answer the Court will consider how to proceed in the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no King Sir I desire that you would give me and all the world satisfaction in this let me tell you it is not a slight thing you are about I am sworn to keep the Peace by that duty I owe to God and my Country and I will do it to the last breath of my body and therefore you shall do well to satifie first God and then the Country by what Authority you do it if you do it by a usurped Authority that will not last long There is a God in Heaven that will call you and all that give you power to account Satisfie me in that and I will answer otherwise I betray my trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow that it is as great a sin to withstand lawful Authority as it is to submit to a Tyrannical or any other wayes unlawful Authority and therefore satisfie God and me and all the World in that and you shall receive my Answer I am not afraid of the Bill President The Court expects you should give them a final Answer their purpose is to adjourn till Monday next if you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon Gods Authority and the Kingdoms and that peace you speak of will be kept in the doing of Justice and that 's our present work King Let me tell you if you will shew me what lawful Authority you have I shall be satisfied But that you have hitherto said satisfies no reasonable man President That 's in your apprehension we think it reasonable that are your Judges King 'T is not my apprehension nor yours neither that ought to decide it President The Court hath heard you and you are to be disposed of as they have commanded Two things were remarkable in this dayes proceedings 1. It is observed That as the Charge was reading against the King the silver head
of his Staff fell off the which he wondered at and seeing none to take it up he stoop'd for it himself and put it in his pocket 2. That as the King was going away he looking with a very austere countenance upon the Court without stirring of his Hat replyed Well Sir when the L. President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his staff at the Sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the Painted Chamber and from thence to the same place again in Westminster Hall January 21. being Sunday the Commissioners kept a Fast at White-Hall there Preached Mr. Spigge his Text was He that sheds Mans blood by Man shall his blood be shed next Mr. Foxeley his Text Judge not least you be judged Last was Mr. Peters his Text was I will bind their Kings in Chains and their Nobles in fetters of Iron At the High-Court of Justice sitting in Westminster-Hall Monday Jan. 22. 1648. O Yes made Silence commanded The Court called and answered to their Names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of the Guard to fetch and take into his custody those who make any disturbance Mr. Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble Motion to this High Court in behalf of the People of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an answer to that Charge that thereupon such proceedings might be had as should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered that it was by Authority of the Commons of England assembled in Parliament that did think fit to call you to an account for those high and capital misdemeanours wherewith you were then charged Since that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good againsts you their Authority they do avow to the whole world that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were onely my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedom and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it Here the King would have delivered his Reasons All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctual and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That by that Reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the Parliament and could you have but confounded that you had at one blow cut off the neck of England but God hath reserved better things for us and hath pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have
been stories will tell you if you go no higher than the time of the Conquest if you do come down since the Conquest you are the 24th King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Descent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge said in his time and well known to you is since printed for posterity That although there was such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their titles when it was declared by Parliament And Sir your Oath the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in blood is designed yet if there were just cause to refuse him the people of England might do it For there is a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the liege Lord so they liege Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewel Soveraignty Subjectio trahit c. These things may not be denyed Sir I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages For whether you have been as by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and instead of doing that you will be the great wrong-doer your self If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Descent let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kind Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been and is to Trie and Judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these terms might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimet and if so be that be the definition of a Tyrant then see how you come short of it in your Actions whether the highest Tyrant by that way of Arbitrary Government and that you have sought to introduce and that you have sought to put you were putting upon the People whether that was not as high an Act of Tyrannie as any of your Predecessors were guilty of nay many degrees beyond it Sir the term Traytor cannot be spared we shall easily agree it must denote and suppose a breach of Trust and it must suppose it to be done by a Superiour and therefore Sir as the People of England might have incurred that respecting you if they had been truly guilty of it as to the definition of Law so on the other side when you did break your Trust to the Kingdom you did break your Trust to your Superior For the Kingdom is that for which you were trusted And therefore Sir for this breach of Trust when you are called to account you are called to account by your Superiors Minimus ad Majorem in judicium vocat And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having power in their hands and their great Enemy they must proceed to do Justice to themselves and to you For Sir the Court could heartily desire That you would lay your hand upon your heart and consider what you have done amiss That you would endeavour to make your peace with God Truly Sir These are your high crimes Tyranny and Treason There is a third thing too if those had not been and that is Murther which is laid to your charge All the bloody Murthers that have been committed since this time that the Division was betwixt you and your People must be laid to your charge that have been acted or committed in these late Wars Sir it is an heinous and crying sin and truly Sir if any man will ask us what punishment is due to a Murtherer Let Gods Law let Mans Law speak Sir I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of Mans blood Gen. 9. Num. 35. will tell you what the punishment is and which this Court in behalf of the Kingdom are sensible of of that innocent blood that has been shed whereby indeed the Land stands still defiled with that blood and as the Text hath it It can no way be cleansed but with the shedding of the blood of him that shed this blood Sir we know no Dispensation from this blood in that Commandement Thou shalt do no Murder we do not know but that it extends to Kings as well as to the meanest Peasants the meanest of the People the command is universal Sir Gods Law forbids it Mans Law forbids it nor do we know that there is any manner of exception nor even in mans Laws for the punishment of Murther in you 'T is true that in the case of Kings every private hand was not to put forth it self to this work for their Reformation and punishment But Sir the People represented having power in their hands had there been but one wilful act of Murther by you committed had power to have convented you
and to have punished you for it But then Sir the weight that lies upon you in all those respects that have been spoken by reason of your Tyranny Treason breach of Trust and the Murthers that have been committed surely Sir it must drive you into a sad consideration concerning your eternal condition As I said at first I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court for so we do call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdom as we have often said and although you do yet endeavour what you may to dis-court us yet we do take knowledge of our selves to be such a Court as can administer Justice to you and we are bound Sir in duty to do it Sir all I shall say before the reading of your Sentence it is but this the Court does heartily desire that you will seriously think of those evils that you stand guilty of Sir you said well to us the other day you wisht us to have God before our eyes Truly Sir I hope all of us have so that God that we know is a King of Kings and Lord of Lords that God with whom there is no respect of persons that God that is the avenger of innocent blood we have that God before us that God that does bestow a Curse upon them that withhold their hands from shedding of blood which is the case of guilty Malefactors and that do deserve death That God we have before our eyes and were it not that the conscience of our duty hath called us unto this place and this imployment Sir you should have had no appearance of a Court here but Sir we must prefer the discharge of our duty unto God and unto the Kingdom before any other respect whatsoever and although at this time many of us if not all of us are severely threatned by some of your party what they intend to do Sir we do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to you according to the merit of your offence although God should permit those men to effect all that bloody design in hand against us Sir we will say and we will declare it as those Children in the fiery Furnace that would not worship the golden Image that Nebuchadnezzar had set up That their God was able to deliver them from that danger that they were neer unto but yet if he would not do it yet notwithstanding that they would not fall down and worship the Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sence of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the Story tells us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him and to give him his pardon Thou shalt not dye but the Child shall dye thou hast given cause to the enemies of God to blaspheme King 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 President Sir you must give me 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 I see by your speech you have put upon me that I Sir it is very true that President 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 have not owned us 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 Pres 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 so large a dimension that if you do but seriously think of them they will drive you to a sad consideration 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 the Law prescribes we are not here Jus dare but Jus dicere We cannot be unmindful of what the Scriptures tell 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 Traitor Tyrant a Murtherer and a publick Enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court The Lord President commands the Sentence to be read Make an O Yes and command silence while the Sentence is read O Yes made silence commanded The Clerk read the Sentence which was drawn up in parchment Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Trying of Charles Stuart King of England before whom he had been three times convented and at first time a charge of high Treason and other crimes and misdemeanors was read in the behalf of the
Kingdom of England c. Here the Clerk read the Charge 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 and so exprest the several passages at his Tryal in refusing 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 the severing his Head from his Body After the Sentence read the Lord President said This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court Here the Court stood up and assenting to what the President said King Will you hear me a 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 the sentence ever By your favour hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes 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 rose and the King went with his Guard to Sir Robert Cottons and from thence to White-Hall The Names of those Persons that were present at the Sentencing of the KING to Death John Bradshaw President John Lisle William Say Oliver Cromwel Henry Ireton Sir Hardresse Waller Valentine Walton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewers Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Bar. Sir John Bourchier Knight William Heveningham Alderman Pennington William Purefoy Henry Martin John Barkstead John Blakiston Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Mich Livesay Bar. Robert Tichborn Owen Roe Robert Lilburn Adrian Scroop Richard Deane John Okey John Hewson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allin Peregrine Pelham John Moore John Aldred Henry Smith Humphrey Edwards Gregory Clement Thomas Woogan Sir Gregory Norton Knight Edmond Harvy John Venn Thomas Scot Tho. Andrews Alderman William Cawly Anthony Stapley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Augustine Garland John Dixwel George Fleetwood Symon Meyne James Temple Peter Temple Daniel Blagrave Thomas Waite Ordered that Sir Hardress Waller Coll. Harrison Com. General Ireton Coll. Dean and Coll. Okey are appointed a Committee to consider of the Time and Place for the Execution of the King according to his Sentence given by the high Court of Justice Painted Chamber Lunae Jan. 29. 1648. Upon 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-hall is a fit place And that 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 for that purpose which Warrant was accordingly drawn and agreed unto and ordered to be ingrossed which was done and Signed and Sealed accordingly as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England January 29 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of high Treason and other high Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to death by the severing of his head from his body of which Sentence Execution yet remains to be done These are therefore to will and require you to see the said Sentence Executed in the open street before White-Hall upon the morrow being the 30th day of this instant month 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 Souldiers and other the good people of this Nation of England to be assisting unto you in this service Given under our Hands and Seals To Coll. Francis Hacker Coll. Huncks and Lieuten Coll. Phray and to every of them Sealed and subscribed by J. Bradshaw O Cromwell Hen. Ireton Har. Waller Jo. Lisle Val. Walton Tho. Gray Ed. Whaley Mich. Livesey Jo. Okey Jo. Danvers Tho. Maleverer Wil. Goffe Tho. Pride Tho. Harrison Jo. Hewson Ri. Dean Robert Tichborn Ow. Roe Jo. Barkstead G. Fleetwood Gil. Milington Tho. Horton W. Say W. Constable Miles Corbet Jo. Ven Hen. Martin c. Painted Chamber Jan. 30. 1648. The Commissioners met and ordered That Mr. Marshall Mr. Nye Mr. Caryll Mr. Salway and Mr. Dell be desired to attend the King to administer to him those Spiritual helps as should be suitable to his present condition and Lieutenant Collonel Goffe is desired forthwith to repair unto them for that purpose Who did so but after informed the Court That the King being acquainted therewith refused to confer with them expressing that he would not be troubled with them Ordered That the Scaffold upon 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 of the Warrant about two of the Clock in the Afternoon of the said 30. of January After Sentence The King being hurried from their Bar as he passed down the stairs the common Souldiers laying aside all Reverence to Soveraignty scoffed at him casting the smoak of their stinking Tobacco in his face no Smell more offensive to him and flinging their foul pipes at his feet But one more insolent than the rest defiled his venerable Face with his spittle for his Majesty was observed with much patience to wipe it off with his Handkerchief and as he passed hearing them cry out Justice Justice Poor soul said he for a piece if money they would doe so for their Commanders That Night being Saturday January 27. the King lodged at White-Hall that evening a Member of the Army acquainted the Committee with the desires of the King that seeing they had passed Sentence of Death upon him and the time of his Execution might be nigh that he might see his Children and receive the Sacrament and that Dr. Juxon Bishop of London might be admitted to pray with him in his private Chamber both which were granted The next day being Sunday January 28. the King was attended by his Guard to Saint James's where the Bishop of London preached privately before him his Text was in Rom. 2.16 In the day when God shall judge the secrets of all men by Jesus Christ according to my Gospel Monday Jan. 29. His Children