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A47456 King Charls his tryal at the high court of justice sitting in Westminster Hall, begun on Saturday, Jan. 20, ended Jan. 27, 1648 also His Majesties speech on the scaffold immediately before his execution on Tuesday, Ian. 30 : together with the several speeches of Duke Hamilton, the Earl of Holland, and the Lord Capel, immediately before their execution on Friday, March 9, 1649. Charles I, King of England, 1600-1649.; Holland, Henry Rich, Earl of, 1590-1649.; Hamilton, James Hamilton, Duke of, 1606-1649. 1650 (1650) Wing K556; ESTC R11695 57,138 138

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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 try and judg you for these great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publique Enemy to the Commonwealth 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 Lord Pres Truly Sir We have been told Rex est dum bene regit Tyrannus qui populum opp●●vit 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 for to introduce and that you have sought to put you were putting upon the people whether that was not as high an act of Tyranny 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 Superior 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 vo●it 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 endeavor 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 layd 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 layd 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. Numb 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 wherby indeed the Land stands stil defiled with that blood 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 Commandment Thou shalt do no Murther 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 nor do we know that there is any manner of exception not 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 endeavor what you may to dis-court us yet we do take knowledg 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 with-hold their hands from sheding of blood which is in 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 threatened 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
this High Court of Justice before which you are brought This said M. Cook Attorney for the Common-wealth standing within a Bar on the right hand of the Prisoner offered to speak but the King having a staff in his Hand held it up and laid it upon the said M. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said M. Cook My Lord I am commanded to charge CHARLES STVART King of England in the name of the Commons of England with Treason and high Misdemeanors I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun THE Charge of the Commons of ENGLAND against Charles Stuart KING of England Of High Treason and other High Crimes exhibited to the High Court of Justice THat the said CHARLES STVART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the Power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked Design to erect and uphold in himself and unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernement which by the fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said CHARLES STVART for accomplishment of such his Designs and for the protecting of himself and his adherents in His and Their wicked Practises to the same Ends hath Trayterously and maliciously levyed War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred fourty and two At Beverly in the County of York And upon or about the thirtieth day of July in the year aforesaid in the County of the City of York And upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where He set up His Standard of War And also on or about the twenty third day of October in the same year at Edg-Hill Keinton-field in the County of Warwick And upon or about the thirtieth day of November in the same year at Brainchford in the County of Middlesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred fourty and three at Cavesham-bridge neer Roding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or neer the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newbery in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred fourty and four at Cropredy-Bridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwal And upon or about the thirtieth day of November in the year last mentioned at Newbery aforesaid And upon or about the eighth day of June in the year of our Lord One thousand six hundred fourty and five at the Town of Leicester And also upon the fourteenth day of the same month on the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord One thousand six hundred fourty and six He the said CHARLES STVART hath caused and procured many thousands of the Free-People of the Nation to be slain and by Divisions Parties and Insurrections within this Land by Invasions from Forraign parts endevored and procured by Him and by many other evil ways and means He the said CHARLS STVART hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year One thousand six hundred fourty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other Counties and places in England and Wales and also by Sea And particularly He the said CHARLES STVART hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by Him or His Agents Corrupted to the betraying of Their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by Him the said CHARLES STVART levyed continued and renewed as aforesaid much Innocent Blood of the Free-people of this Nation hath been spilt many Families have been undone the Publike Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to Desolation And for further prosecution of His said evil Designs He the said CHARLES STVART doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatened upon the procurement and on the behalf of the said Charls Stuart All which wicked Designs Wars and evil Practises of Him the said CHARLES STVARRT have been and are carryed on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to Himself and his Family against the publique Interest Common Right Liberty Justice and Peace Of the People of this Nation by and for whom he was entrusted as aforesaid By all which it appeareth that He the said CHARLS STUART hath been and is the Occasioner Author and Contriver of the said Vnnatural Cruel and bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of Exhibiting at any time hereafter any other Charge