CHARLES I. KING OF ENGLAND c. England's black Tribunall Set forth in the TRIALL OF K. CHARLES I. At a High Court of Justice at Westminster-Hall Together with his last Speech when he was put to death on the Scaffold January 30. 1648. To which is added the several dying Speeches and manner of the putting to death of Earl of Strafford Arch-Bishop of Canterbury Duke Hamilton Earl of Holland Lord Capell Earl of Darby Sir Alex. Carew Sir John Hotham Capt. Hotham Mr. Nath. Tomkins Mr. Chaloner Col. Jo. Morris Cor. Blackburn Col. Andrews Sir Hen. Hide Col. Gerrard Mr. Pet. Vowell Col. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewet The fourth Edition corrected and enlarged London Printed for J. Playford 1660. TO THE READER WHereas there has been printed of late years many severall impressions of the Relation of the Tryall of King Charles the 1 st and of the manner of the putting him to Death many of which have been very imperfect having had most of the remarkable passages left out But in this Edition some paines and care has been used to have it exact and perfect the which the Reader will find made good if he compare it to any of the former Printed copies Also an addition of the dying speeches of such of the English Nobilite Clergie and Gentry as has been executed for the cause of the late King from 1642. to 1659. of all which these following are true and exact Copies as no doubt will appear to the reader in the perusuall thereof I. P. A Table of the matters contained in this Book AN Act for the Tryall of the King Pag. 1 The first days proceedings Pag. 6 The Charge drawn up against the King Pag. 8 The second days proceedings Pag. 17 The third days proceedings Pag. 25 The fourth days proceedings K. Charles conference with his children His speech on the Scaffold His letter to his Sonne a little before his death An Elegie on the Death and sufferings of K. Charles A Table of the Speeches The E. of Straffords speech to the Court after his sentence Pag. 49 The E. of Straffords speech on the Scaffold Pag. 53 Mr. Nath. Tomkins Elegie Pag. 58 Mr. Chalenors speech at his Execution Pag. 61 Sir Alex. Carews speech on the Scaffold Pag. 65 Capt. John Hothams speech on the Scaffol Pag. 68 Sir John Hothams speech on the Scaffold Pag. 69 Arch Bishop of Canterburys speech on the Scaffold Pag. 72 Duke Hamiltons speech on the Scaffold Pag. 84 Earl of Hollands speech on the Scaffold Pag. 98 Lord Capells speech on the Scaffold Pag. 124 Col. John Moris speech at his Execution Pag. 121 Cor. M. Blackburn speech at his Execution Pag. 125 Col. Andrews speech on the Scaffold Pag. 126 Sir Hen. Hides speech on the Scaffold Pag. 134 E. of Darby's speech on the Scaffold Pag. 147 Col. Gerrards speech on the Scaffold Pag. 159 Mr. Peter Vowells speech at his Execut. Pag. 170 Col. Penruddocks speech on the Scaffold Pag. 175 Capt. Hugh Goves speech on the Scaffold Pag. 184 Sir Hen. Slingsbys speech on the Scaffold Pag. 185 Dr. John Hewets speech on the Scaffold Pag. 186 KING CHARLES HIS TRYALL Began Saturday January 20 th and ended January 27. 1648. An ACT. An Act of the Commons of England assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of CHARLES STUART King of England WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liber-of this Nation And in their place to introduce an arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel war in the Land against the Parliament and Kingdome Whereby the Countrey hath been miserably wasted 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 onely to incourage him and his complices in the Continuance of their evil practises and in raising of new Commotions designs and invasions For prevention therefore of the like greater inconveniences And to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and maliciously to immagine 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 in Parliament assembled and it is hereby ordained and enacted by the Authority thereof That Thomas Lord Fairfax General Oliver Cromwell Lieutenant General Henry Ireton Commissary General Phillip Skippon Maior General Sir Hardress Waller Colonel Valentine Walton Col. Thomas Harrison Col. Edw. Whalley Col. Tho. Pride Col. Isaac Ewers Col. Rich. Ingoldsby Col. Rich. Dean Col. John Okey Col. Robert Overton Col. John Harrison Col. John Desborow Col. Will. Goffe Col. Rob. Duckenfield Col. Rowland Wilson Col. Henry Martin Col. William Purefoy Col. Godfrey Bosvile Col. Herbert Morley Col. John Barkstead Col. Matthew Tomlinson Col. John Lambert Col. Edmund Ludlow Col. John Hutchinson Col. Robert Titchborn Col. Owen Roe Col. Robert Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Algernoon Sidney Col. John Moore Col. Francis Lassells Col. Alexander Rigby Col. Edmund Harvey Col. John Venn Col. Anthony Stapley Col. Thomas Horton Col. Tho. Hammond Col. George Fenwick Col. George Fleetwood Col. John Temple Col. Thomas Waite Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Aldermen Sir Peter Wentworth Thomas Trenchard Jo. Blakston Gilbert Millington Esquires Sir Will. Constable Sir Arthur Hasilrigg Sir Mich. Livesey Richard Salway Hump. Salway Cor. Holland Jo. Carey Esquires Sir Will. Armin Jo. Jones Miles Corbet Francis Allen Thomas Lister Ben. Weston Peter Pelham Io. Gusden Esquires Fra. Thorpe Esq Serjeant at Law Io. Nut Tho. Challoner Io. Anlaby Richard Darley William Say John Aldred Jo. Nelthrop Esquires Sir William Roberts Henry Smith Edmund Wild Iohn Challoner Iosias Barnes Dennis Bond Humphrey Edwards Greg. Clement Io. Fray Tho. Wogan Esquires Sir Greg. Norton Io. Bradshaw Esq Serieant at Law Io. Dove Esq Iohn Fowk Thomas Scot Aldermen Will. Cawley Abraham Burrel Roger Gratwick Iohn Downes Esquires Robert Nichols Esq Serjeant at Law Vincent Potter Esq Sir Gilbert Pickering Io. Weaver Io. Lenthal Robert Reynolds Io. Lisle Nich. Love Esquires Sir Edw. Baineton Io. Corbet Tho. Blunt Tho. Boone Aug. Garland Aug. Skinner Io. Dickeswel Simon Meyne Io. Brown Io. Lewry Esquires c. John Bradshaw
Esq Serg. at Law Lord President of the Court Councellors Assistant to the Court and to draw up the Charge against the King Dr. Dorislaus Mr. Aske Mr. Steel Attorney General Mr. Cook Sollicitor General Mr. Broughton Mr. Phelps Clerks to the Court Officers of the Court Sergeant Dandy Sergeant at Arms and Mace bearer Col. Humpreys Sword-bearer Mr. King Crier of the Court Mr. Walford Mr. Radley Mr. Pain Mr. Powel Mr. Hull Messengers and Dore-keepers with tip-staves ON Saturday being the twentieth day of January 1648. The Lord Bradshaw President of the High Cout of Justice with about seventy of the Members of the said Court having Col. Fox and sixteen Gentlemen with Partizans and a Sword born by Col. Humphry and a Mace by Serj. Dandy with their and other Officers of the said 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 Col. 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 STUART 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 STUART 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 it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdome and themselves and according to the Fundamental Power that rests in themselves They have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said M. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King 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 Cook My Lord I am commanded to charge Charles Stuart King of England in the name of 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 Stuart 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 an 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 misgovernment which by the fundamental Constitutions of this Kingdom were reserve on the peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart 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 Traiterously and maliciously levied 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 forty and two at Beverley 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 Notingham when and where he set up His Standard of War And upon or about the twenty third day of October in the same year at Edg-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge near Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newbery
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 against you their Authority they do avow to the whole world that the whole Kingdome 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 only 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 Freedome 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 Kingdome 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 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 punctuall 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 then 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 that Reason that I have as thus informed I cannot yeild 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 Kingdome 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 the Court Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sense of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one precedent President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinaay Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed then Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction where Reason is not to be heard President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their finall determination King Shew me wherever the House of Commons was a Court of Judicature of that kinde President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedome of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that
ever I took defended my selfe with Arms I never took up Arms against the People but for my People and the Laws President The command of the Court must be obeyed no answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock aod from thence they intend to adjourn to Westminster Hall at which time all persons concerned are to give their attendance Resolutions of the Court at their Meeting in the Painted Chamber Lunae Jan. 22. 1648. THis day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the businesse of that day as agreeing to their sense And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supreme Authority of the Commons of England in their Representative the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction or that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supreme Court which made them Judges from which there was no appeal and did therefore order and direct viz. Ordered that in case the King shall again offer to dispute the Authority of the Court the Lord President do let him know that the Court have taken into consideration his demands of the last day and that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have constituted this Court whose Power may not nor should be permitted to be disputed by him That in case the King shall refuse to answer or acknowledge the Court the Lord President do let him know that the Court will take it as a contumacy and that it shall be so Recorded That in case he shall offer ot answer with a saving notwithstanding of his pretended Prerogative above the jurisdiction of the Court That the Lord President do in the name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring his intention a Copy be granted unto him That in case the King shall still persist in his contempt the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following viz. Charles Stuart King of England you are accused in the behalf of the People of England of divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confesse or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O Yes made Silence commanded The Court called Seventy three persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the people of England that he might speedily be required to make an Answer to the Charge But my Lord in stead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it but my Lord he was then pleased for to demur to the jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of justice I shall now humbly move your Lordship for speedy judgement against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryall That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact The House of Commons the Supreme Authority and jurisdiction of the Kingdome they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clear as Chrystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf severall witnesses to produce And therefore I do humbly pray and yet I must confesse it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgement and therefore I do humbly pray that speedy Judgement be pronounced against the prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget what delatory dealings the Court hath found at your hands
you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delayes of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of justice take advantage of these delayes and proceed to pronounce judgement against you yet neverthelesse they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Iustice knows no respect of persons you are to give your positive and finall Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not President Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you and your Work was that you ought to acknowledge the jurisdiction of the Court And to Answer to your Charge Sir if you Answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to Answer to your Charge when you have once Answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the Matter that is Charged upon you King For the Charge I value it not a Rush it is the Liberty of the People of England that I stand for for me to acknowledge a new Court that I never heard of before I that am your King that should be an example to all the people of England for to uphold Iustice to maintain the old Laws indeed I do not know how to do it you spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the maintenance of the Liberties of my People The same Obligation you spake of I do acknowledge to God that I owe to Him and to my People to defend as much as in me lies the ancient Laws of the Kingdome therefore untill that I may know that this is not against the Fundamental Lawes of the Kingdome by your favour I can put in no particular Answer If you will give me time I will then shew you my Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt me how I came here I know not there 's no Law for it to make your King your Prisoner I was lately in a Treaty upon the publick Faith of the Kingdome that was the known the two Houses of Parliament that was the Representative of the Kingdome and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President interrupted him and said Sir you must know the pleasure of the Court King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have hot acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and finall Answer by way of confession or denial of the Charge King Sir I say again to you so that I might give satisfaction to the People of England of the clearnesse of my proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdome Sir you must excuse me President Sir this is the third time that you have publikely disowned the Court and put an affront upon it how far you have preserv'd Priviledges of the People your Actions have spoke it but truly Sir mens intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdome but Sir you understand the pleasure of the Court Clerk Record the default and Gentlemen you that took charge of the Prisoner take him back again King I will onely say this one word to you if it were only My own particular I would not say any more nor interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to finde that you are before a Court of Iustice Then the King went forth with his Guard and Proclamation was made That all persons who had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster Hall by ten of the clock the next morning Cryer God blesse the Kingdome of England Wednesday January 24. 1648. THis day it was expected the High Court of Justice would have met in Westminster Hall about ten of the clock but at the time appointed one of the Ushers by direction of the Court then sitting in the Painted Chamber gave notice to the people there assembled That in regard the Court was then upon the examination of Witnesses in relation to present affairs in the Painted Chamber they could not sit there but all persons appointed to be there were to appear upon further Summons His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which He intended to have delivered in writing on Monday Jan. 22. 1648. but was not permitted HAving already made My protestations not only against the illegality of this pretended Court but also that no Earthly power
would offer there what ever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound in justice to grant but Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time King Shall I withdraw President Sir you shall know the pleasure of the Court presently the Court withdraws for half an houre into the Court of Wards Serjeant at Armes the Court gives command that the Prisoner be withdrawn and they give order for his return again The Court withdraws for half an houre and returns President Serjeant at Arms send for your Prisoner Sir You were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords in the Painted Chamber for the Peace of the Kingdome Sir you did in effect receive an answer before the Court adjourned Truly Sir their withdrawing and adjournment was pro forma tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the Supreme Authority of the Commons of England assembled in Parliament The Court acts accordingly to their Commission Sit the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further delay and they are JUDGES appointed by the highest JUDGES and Judges are no more to delay then they are to deny justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam There must be no delay but the truth is Sir and so every man here observes it That you have much delayed them in your contempt and default for which they might have long since proceeded to judgement against you and notwithstanding what you have offered they are resolved to proceed to punishment and to judgement and that is their unanimous resolution King Sir I know it is in vain for me to dispute I am no Sceptick for to deny the power that you have I know that you have power enough Sir I confesse I think it would have been for the Kingdomes peace if you would have taken the pains for to have shown the lawfulnesse of your power for this delay that I have desired I confesse it is a delay but it is a delay very important for the peace of the Kingdome for it is not my person that I look on alone it is the Kingdomes wel-fare and the Kingdomes peace it is an old sentence That we should think on long before we have resolved of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of an hasty Sentence I confesse I have been here now I think this week this day eight dayes was the day I came here first but a little delay of a day or two further may give peace whereas an Hasty Judgement may bring on that trouble and perpetual inconveniency to the Kingdome that the child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for your self then you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my People after that and therefore I do require you as you will answer it at the dreadfull day of judgement that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-enforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endevoured and studied the Peace of the Kingdome as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erronious principles the Kingdome hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your selfe and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding People of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not only the highest Expounders but the sole makers of the Law Sir for you to set your self with your single judgement and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superior so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countries have done did chuse to themselves the Form of Government even for justice sake that justice might be administred that peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in
them and reserved to themselves to alter as they shall see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sense for you are Major singulis but they will aver again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but in _____ quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so saies the same Author and truly Sir he makes bold to go a little further Debentei ponere fraenum They ought to bridle him and sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the liberty and property of the Subject and would not suffer the Kings that did invade to play the Tyrants freer but called them to accompt for it we know that truth That they did fraenum ponere But sir if they do forbear to do their duty now and are not so mindfull of their own Honor and the Kingdoms good as the Barons of England will not be unmindfull of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn the end of having Kings or any other Governors it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that Trust and they are to take order for the animadversion and punishment of such an offending Governor This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there were those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrong especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redresse the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindfull of themselves they were never more in Majesty and State then in the Parliament but how forgetfull some have been Stories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law 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 followes The Law is your Master the Acts of Parliament The Paliaments were to be kept antiently we finde 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 in stead 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 appeare what your ends were against the Antient and your Native Kingdome 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 designes and plots and indeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdome And truly Sir in that you did strike at all that had been a sure way to have brought about that that this laies upon you Your Intention to Subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People in 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 minde I cannot forbear to expresse 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 minde 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 bad 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 designes and to break your Forces and to bring your Person into Custody that you might be responsible to Justice Sir we know very well That it is a question on your side very much prest by what Precedent we shall proceed Truly Sir for Precedents I shall not upon these occasions institute any long discourse but it is no new thing to cite Precedents almost of all Nations where the people when power hath been in their hands have been made bold to call their Kings to account and where the change of Government hath upon occasion 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 Kingdome of Arragon I shall think some of us have thought upon it when 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 Superior 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 Ephory 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 finde 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 nor mention these Forreign examples and stories If you look but over Tweed we finde enough in your native Kingdome of Scotland If we look to your first King Fergustuâ— that your stories make mention of he was an elective King he dyed 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 then 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 109 King of Scotland for to mention so many Kings as that Kingdome according to their power and priviledge have made bold to deal withall 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 Kingdome hath yeilded more plentiful experience then 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 neer 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 who ever shall look into their stories they shall not finde the Articles that are charged upon them to come neer to that height and capitalnesse of Crimes that are layed to your charge nothing neer Sir you were pleased to say the other day wherein they discent and I did not contradict it but take altogether Sir if you were as the Charge speaks 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 then the time of the Conquest if you do come down since the Conquest you are the 24 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 Discent 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 in his time 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 bloud is designed yet if there were just cause to refuse him the People of England might do it For there iâ— 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 leige Lord so they leige 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 farewell 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 in stead of doing that you will be the great wrong-doer your selfe 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 Discent let all men know that great Offices are seizable ond 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 kinde 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 is to try 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 termes 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 opprimei 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 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 Kingdome 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 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 endevour 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 devision was betwixt you and your People must be laid to your charge that have bean 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 Kingdome 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 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 universall 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 wilfull act of Murther by you committed had power to have convenâ—ed 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 eternall 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 Kingdome as we have often said and although you do yet endevour 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 Kingdome 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 designe 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 Kingdome in generall 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 sense of your sins that you would see wherein you have done amisse that you may cry unto him that God would deliver you from blood-guiltinesse 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 childe shall dye thou hast given cause to the enemies of God to blaspheme King I would desire
people that came to be Spectators very great The King being come upon the Scaffold it was expected he would say somewhat to the people the which he did But because we have no other Relation of what his Majesty then spake save what was taken in short hand on the Scaffold by three several Gentlemen who were very exquesite in that Act nor had his Majesty any copy being surprized and hastned by those who attended him to the Scaffold save only a few heads in a little scrip of Paper which after his death the Soldiers took from the Bishoo of London to whom he gave it therefore the Reader must be content with this Copy which was by them upon joynt comparing of their copyes published some few words being altered to make the sense perfect The King being come upon the Scaffold and looking about him upon the people who were kept off by Troops of Horse so that they could not come neer to hear him omitted what he had purposed to have spoken to them as 't is thought and turning himself to the Soldiers and Officers the Instruments of the Regicide spake to them to this effect The King being come upon the Scaffold look'd very earnestly upon the block and asked Col. Hacker if there were no higher and then speak thus directing his Speech cheifly to Coll. Thomlinson King I Shall be very little heard of any body here I shall therefore speak a word unto you here indeed I could hold my peace very well if I did not think that holding my peace would make some men think that I did submit to the guilt as wel as to the punishment but I think it is my duty to God first and to my Country for to clear my self both as an honest man a good King and a good Christian I shall begin first with my Innocency In troth I think it not very needful for me to insist long upon this for all the world knows that I never did begin a War with the two houses of Parliament and I call God to witness to whom I must shortly make an account That I never did intend for to incroach upon their Priviledges they began upon me it is the Militia they began upon they confest that the Militia was mine but they thought it fit for to have it from me and to be short if any body will look to the dates of Commissions of their Commissions and mine and likewise to the Declarations will see cleerly that they began these unhappy troubles not I so that as the guilt of these enormous Crimes that are laid against me I hope in God that God will clear me of I will not I am in charity God forbid that I should lay it upon the two Houses of Parliment there is no necessity of either I hope they are free of this guilt for I doe believe that ill instruments between them and me has been the chief cause of all this blood-shed so that by way of speaking as I find my self clear of this I hope and pray God that they may too yet for all this God forbid that I should be so ill a Christian as not to say that Gods judgements are just upon me Many times he does pay Justice by unjust Sentence that is ordinary I will onely say this That an unjust Sentence * that I suffered for to take effect is * Strafford punished now by an unjâ—st Sentence upon me that is so for I have said to shew you that I am in innocent man Now for to shew you that I am a good Christian I hope there is a good man that will bear me witness That I have forgiven all the world even those in particular that have been the chief causers of my death who they are God knows I doe not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen that this be not laid to their charge nay not only so but that they may take the right way to the peace of the Kingdom for my Charity commands me not only to forgive particular men but my Charity commands me to endevour to the last gasp the Peace of the Kingdom So Sir I doe wish with all my soul and I do hope there is some here will carry it further that they may endevour the Peace of the Kingdome Now Sirs I must shew you both how you are out of the way and will put you in the way first you are out of the way for certainly all the way you ever have had yet as I could find by any thing is in the way of conquest certainly this is an ill way for conquest Sir in my opinion is never just except there be a good just Cause either for matter of wrong or just Title and then if you goe beyond it the first quarrel that you have to it is it that makes it unjust at the end that was just at first But if it be onely matter of Conquest then it is a great Robbery as a Pirat said to Alexander that he was the great Robber he was but a petty Robber and so Sir I doe think the way that you are in is much out of the way Now Sir for to put you in one way believe it you will never do right nor God will never prosper you until you give God his due the King his due that is my Successors and the people their due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scriptures which is now out of order For to set you in a way particularly now I cannot but onely this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not then turning to a Gentleman that touched the Ax said Hurt not the Ax that may hurt me For the King the Laws of the Land will cleerly instruct you for that therefore because it concerns my own particular I onely give you a touch of it For the people and truely I desire their Liberty and freedom as much as any body who soever but I must tell you that their Liberty and freedome consists in having of government those Laws by which their Life and their Goods may be most their own It is not for having share in government Sir that is nothing pertaining to them A Subject and a Soveraign are clean different things and therefore until they do that I mean That you do put the people in that Libertie as I say certainly they will never enjoy themselves Sir It was for this that now I am come here If I would have given way to an Arbitrarie way for to have all Laws changed according to the power of the Sword I needed not to have come
this your Clorious King Did you by Oaths your God and Countrie mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount Charles higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyaltie Alas two Deaths what cruelty was this The Ax design'd you might have spar'd the Kiss London did'st thou Thy Princes Life betray What could thy Sables vent no other way Or else did'st thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arme a Treasurie To bind thy King and hast thou none to free Dull blast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envie Charles His Crown Jove being fal'n the Punie-gods must down Your Raies of Honor are eclip'st in Night The Sun is set from whence You drew your Light Religion Vail's her self and Mourns that She Is forc'd to own such horrid Villanie The Church and State do shake the Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears Charles is of light bereav'n And snuft on Earth to shine more bright in Heav'n FINIS Englands Black Tribunall THE SECOND PART Set forth in the DYEING SPEECHES And manner of Putting to Death of viz. Earl of Strafford Archbishop of Canterbury Duke of Hamilton Earl of Holland Lord Capell Earl of Derby Sir Alex. Carew Sir John Hotham Capt. John Hotham Mr. Nath. Tompkins Mr. Chaloner Coll. Jo. Moris Cor. Blackburn Coll. Andrews Sir Henry Hide Coll. Gerrard Mr. Peter Vowell Coll. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewit London Printed 1660. The Earl of Straffords Speech or the conclusion of his Defence before the Lord High Steward and the rest of the Lords sitting in Westminster Hall April 12. 1641. Together with his Speech on the Scaffold immediately before his Execution on Tower-Hill May 12. 1641. MY Lords There yet remains another Treason that I should be guilty of the endeavouring to subvert the fundamental Lawes of the Land that they should now be Treason together that is not Treason in any one part of Treason accumulative that so when all will not do it is woven up with others it should seem very strange Under favour my Lords I do not conceive that there is either Statute Law nor Common-Law that doth declare the endeavouring to subvert the fundamentall Laws to be high treason For neither Statute Law nor Common-Law written that ever I could hear of declareth it so And yet I have been diligent to enquire as I believe you think it doth not concern me to do It is hard to be questioned for life and honour upon a Law that cannot be shown There is a rule which I have learned from Sir Edward Cooke De non apparentibus non existentibus eadem ratio Jesu where hath this fire lain all this while so many hundreds of years without any smoak to discover it till it thus burst out to consume me and my children extreme hard in my opinion that punishment should precede promulgation of Law punished by a Law subsequent to the Acts done Take it into your considerations for certainly it is now better to be under no Law at all but the will of men then to conform our selves under the protection of a Law as we think and then be punished for a crime that doth precede the Law what man can be safe if that be once admitted My Lords it is hard in another respect that there should be no token set upon this offence by which we should know it no admonition by which we should be aware of it If a man passe down the Thames in a Boat and it be split upon an Anchor and no booy be set as a token that there is an Anchor there that party that owes the Anchor by the Maritine Lawes shall give satisfaction for the dammage done but if it were marked out I must come upon my own peril Now where is a mark upon this crime Where is the token this is high treason If it be under water and not above water no humane providence can availe nor prevent my destruction Lay aside all humane wisdom and let us rest upon divine Revelation if you will condemn before you forewarn the danger Oh my Lords may your Lordships be pleased to give that regard unto the Peerage of England as never to suffer our selves to be put on those nice points upon such contractive interpretations and these are where Laws are not clear or known If there must be a tryal of wits I do humbly beseech you the subject and matter may be somewhat else then the lives and honours of Peers My Lords we find that the primitive times in the progression of the plain Doctrine of the Apostles they brought the Books of Curious Arts and burned them And so likewise as I do conceive it will be wisdom and providence in your Lordships for your posterity and the whole Kingdom to cast from you into the fire these bloody and most mysterious Volumes of constructive and Arbitrary Treason and to break your selves to the plain Letters of the Law and Statute that telleth us where the crime is and by telling what is and what is not shews us how to avoid it And let us not be ambitious to be more wise and learned in the killing Arts then our forefathers were It is now full two hundred and forty years since ever any man was touched for this alledged crime to this height before my self we have lived happily to our selves at home and we have lived gloriously to the world abroad Let us rest contented with that our fathers left us and not awaken those sleepy Lions to our own destructions by raking up a few musty Records that have lyen so many ages by the walls quite forgotten and neglected May your Lordships be Nobly pleased to adde this to those other mis-fortunes befallen me for my sins not for my Treasons that a president should be derived from me of that disadvantage as this will be in the consequent to the whole Kingdom I beseech you seriously to consider it and let not my particular cause be looked upon as you do though you wound me in my interest in the Common-wealth and therefore those Gentlemen say that they speak for the Common-wealth yet in this particular I indeed speak for it and the inconveniencies and mischiefes that will heavily fall upon us for as it is in the first of Henry the fourth no man will after know what to do or say for fear Do not put my Lords so great difficulties upon the Ministers of State that men of wisdome honour and vertue may not with cheerfulnesse and safety be imployed for the publick if you weigh and measure them by grains and scruples the publick affaires of the Kingdome will be laid wast and no man will meddle with them that hath honours issues or
Wednesday the fifth of July 1643. in Corn-hill just against the Royal Exchange Presently after Mr. TOMKINS was Executed about tenne of the clock Mr. CHALLENOR was carried from New-gate accompanied with Mr. PETERS and some other Divines and conducted by two Troops of Horse to Corn-hill where a Gibbet was erected against the Royal Exchange about which was a Guard consisting of two of the Trained Bands When he came to the place of Execution being upon the Ladder after many Teares of hearty Contrition he spake as followeth GENTLEMEN IT hath pleased God to bring me to this place God hath how returned my prayer upon me my prayer was that if this Design might not be Honorable to him that it might be known God hath heard me and it is discovered that same very thing hath satisfied me that I was in an errour and that I am confident I was in a great deal of fault And I confesse I doe now die justly and I pray God that I may now glorifie the Lord. I shall onely thus much declare to the world that they may take off the aspersâ—on that was laid upon my partner and my wife which neither of them did know of this Design I have declared my conscience freely to God and the world in every particular that concerns the business thus much I shall say for my own particular There were three things laid to my charge which there was some mistake in Concerning the Kings Letter whereas it was thought to be another way I thank God it was not that way Then concerning the Seal I had no hand in the procuring of it nor knew not of it till the Friday There is another thing that is concerning the seizing of the Magazines which I had no hand in neither But I die justly and I deserve this punishment But now to you all that are here let my example be to you that you never take your self to any thing but what you have warrant for from the Lord I had no warrant I vow to God that hath now satisfied me that the Lord I hope will forgive me I have heartily repented and I beseech you all to take this as a warning And whereas there is now a great deal of distraction and division in the City and that we now make difference between Gods Ministers and Gods Ministers despise no meanes I acknowledge my fault I did make some difference and I now acknowledg it and desire the Lord to forgive me I have received more comfort from such men then ever I had before I shall not now have much to say But I desire heartily that the whole world would forgive me I do beg of my God and of my Christ who I have not honoured so much as I should have done that he would have mercy upon me And now to you all I speak I do now as freely forgive you as I trust my Saviour Jesus Christ hath forgiven me And so Lord Jesus into thy hands do I commend my spirit for thou hast redeemed me O Lord God and so the Lord take me and the Lord receive me Then his Father tendred him the Kings pardon Saying Here is the Kings gracious pardon To which Mr. Challener replyed Sir I beseech you trouble me not with it Pray speak to my friends to take care of my corps and carry me home Whereupon Mr. Peters said to him You are now before the Lord of Heaven if you have any thing about the Lords you spoke of so often last night I beseech you speak your Conscience Mr. Challenor answering thus Gentlemen It is the happiest day that ever I had I shall now Gentlemen declare a little more of the occasion of this as I am desired by Mr. Peters and to give him and the world satisfaction It came from Mr. Waller under this notion that if that we could make a moderate party here in London to stand betwixt the gap and in the gap to unite the King and the Parliament it would be a very acceptable work for now the three Kingdoms lay a bleeding and unlesse that were done there was no hopes to unite them withall I made this Reply Sir if I could assure you of three parts of London none of them should stir unless we had the countenance of the Lords and Commons To this he replyed You shall have to countenance this business the whole House of Lords except three or four you shall have divers of the House of Commons we were promised we should speak with these Lords And in truth except we had spoken with these Lords nothing could have been done for Mr. Abbot Mr. Blinkehorne Mr. Luntloe Mr. King and my self agreed that we would not stir til these Lords had declared themselves and would be ingaged And now Gentlemen I have another thing to declare which shall be in the behalf of those that are condemned As Mr. Waller was the mouth from the Lords as he did declare so I was the unhappy instrument from Mr. Waller to the rest the sentence is now past I desire if it might be that it might be moved to the House that no more might suffer in the cause This is all I have to say and desire your hearty prayers to God for me Then one Mr. Smart said unto him Mr. Challenor if you were to live longer would you ever have done the like again Mr. Challenor Answered I am thus far confident that if it had pleased God to lend me life I think I should have run another course and I am confident of it I hope this is the happiest day I ever saw and I hope God is reconciled to me in my Saviour Jesus Christ that hath given me repentance and I am confident he will return my prayer for me Then at his request Mr. Peters prayed very fervently and devoutly with him after his prayer was ended Mr. Challenor spake these words Gentlemen I do from my heart forgive you and all the world desiring you and all the world â—o forgive me also and so I commend my soul into the hands of my God Sir Alexander Carew Baronet his Trial together with his Speech upon the Scaffold on Tower-hill immediately before his execution on Munday Decemb. 23. 1644. ON Tuesday Novemb. 19. 1644. By the Court then sitting in Guild-hall London Sir John Corbet being President of the Court Sir Alexander Carew Baronet was tryed The effect of the Charge against him was that he the said Alexander Carew being Governour of the Island of St. Nicolas near Plymouth and of the Forces therein for the Parliament did hold correspondency with the Enemy both by private Treaties and by Letters and endeaveured the yeilding of that Island and Fort to the Enemy as appears by divers of his Letters to Colonel Edgcombe and Major Scowen of the Enemies party which Charge was grounded upon the 2. and 7. Articles in the Ordinances of Parliament for Martial Law Secondly that whereas Sir George Chidleigh was pitcht upon as Governour for that Island and for
that purpose he had a Commission from the Earl of Essex and by deputation from him by consent of Parliament the Charge and government thereof was intrusted upon Sir Alexander Carew but by the said Alexander Carew as is justly proved by divers Witnesses the designe was plotted contrived After his heart was possessed with these Treaties with the Enemy it soon vented it self into outward expression First by openly declaring his resolution to hold this Island for the King then by indeavouring to put that resolution in practice Many other circumstances were alleaged against him to this purpose and made good against him by divers Witnesses viz. Mr. Frances the Mayor of Plymouth Mr. Willis and Mr. Randall both Ministers Robert Roe Captain John Hancock Mr. Perce Mr. Deep Merchants Arthur Skinner besides divers of his own Souldiers All which by their several Depositions did clearly prove his said design to betray the Island to the Enemy Many of which actions as aforesaid though clearly proved and testified upon oath the said Sir Alex. Carew denied and pleaded that the Ordinance of Parliament did look forward and not backward and that he ought not to be tryed by them Unto which Mr. Mills Advocate of the Court replied 1. That your defence was grounded upon the Ordinance of Parliament which they hold not onely insufficient but to reflect upon the wisdome and justice of the Parliament 2. That the exception grew upon a great mistake for the two Articles which they proceeded against you is upon the second and seventh Articles which are very clear against you viz. the second and seventh Whosoever shall plot c. as in the Article both look back as well as forward and these Articles do not create a new but only declare the punishment of that was before which by all the Laws Civill is death and treachery and treason which is your case which is a Law to be taken notice of and known by all commanders in Armies For the Proviso in the Ordinance it is plain in it self After which the Sentence of the Court was pronounced The Sentence against Sir Alexander Carew Baronet Sir Alexander Carew Baronet You have been arraigned and convicted before this honorable Court Martial That you being a Commander in the service of the Parliament and particularly Commander of St. Nicolas Island and the Forces there have traiterously deserted your trust and persidiously plotted and combined and indeavoured to betray the said Isle and Forces to the Enemy For which the honorable Court Martial doth adjudge you to death by having your head severed from your body According to which Sentence of the Court upon Munday 23. of December 1644. Sir Alex. Carew Baronet was brought from the Tower by the Lieutenant and his officers to Tower-Hill attended by three Companies of the trained Bands of the City where being come upon the scaffold after some conference with the Ministers he addressed himself to the people there present Sir Alexander Carew's Speech on the Scaffold Gentlemen I Hope you will in consideration of my weak body not expect that I should speak much to you neither is it my part to discourse nor my desire of my actions and to justifie my self but I shall rather confess as the poor Publican did God be mercifull to me a sinner I desire your prayers to God for me and I pray to God for you that no one drop of my blood may be required at any mans hands I forgive all the world with as full and free heart as mortall man can and I beseech God in heaven to forgive me mine the God of heaven and earth that seeth heareth and beholdeth knowes that I lie not I have desired with unfained desire and hearty affection to be dissolved and to be with Christ knowing that it shall be better for me being assured thereby to be freed from the miseries of sin and enter into a better life It was the last words of my Grandfather and here of my Father the assurance of their eternal peace and happinesse after the dissolution of this body of theirs in which they lived here on earth it is mine likewise I have no more to say but humbly take my leave of you Upon the conclusion of his Speech he desired the People then present to joyn with him in singing the 23. Psalm which he read very distinctly to them and joyned with them with much fervency therein The Psalm being ended he put on his Cap and unbuttoned himself and with much resolution laid his head on the block The Executioner at two blows severed his head from his body Captain Hotham's Speech on the Scaffold on Tower-Hill immediately before his Execution Wednesday January 1. 1644. Gentlemen YOU see here in what condition I stand you all come here to look upon me as a Spectacle of shame and Justice And I believe a great many of you are possest with very great Crimes that I have committed of Treason against the Parliament Those things I must declare to you all that this Conscience knows no guilt of I did ingage my self in the Parliaments cause I did them service in possessing of Hull I preserved their Forts and Magazines I preserved their Towns and Forces wheresoever they came and never miscarried It hath pleased God to bring me to this end for my sins to him which I acknowledge to be just but not for any sins that I have committed in Treason against the Parliament Neither do I know any Treason or intention of Treason in my poor Father that lies in the same condition that I do whatsoever other men do call Treason This I testifie to you all here some few words more he spake to this purpose After the Executioner did his office Sir John Hotham's Speech on the Scaffold on Tower-hill immediately before his Execution Thursday January 2. 1644. HE being come upon the Scaffold with Mr. Peters and other Ministers and his Friends Mr. Peters spake these words on his behalf to the people near the Scaffold Gentlemen It is the desire of Sir John Hotham That since he hath in his chamber fully discovered to divers Ministers his mind fully and clearly that many questions may not be put to him here but that he may seriously and quietly speak what he is guilty of and what he is guiltless in and so the Lord direct him Sir John Hothams Speech Gentlemen I Know no more of my self but this That I deserve this Death from God Almighty and that I deserve damnation and the severest punishments from him As for the business of Hull the betraying of it from the Parliament the Ministers have all been with me and given me good counsell I thank them Neither was I any waies guilty of it that 's all I can say to that Act. For other offences rash words anger and such things no man hath been more guilty I beseech God to forgive me I have received as many favours as any man from God and I have been as ingrateful as
here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the people Introth Sirs I shall not hold you much longer for I will onely say this to you that in truth I could have desired some little time longer because I would have put this that I have said in a little more order and a little better digested then I have done and therefore I hope you will excuse me I have delivered my Conscience I pray God that you doe take those courses that are best for the good of the Kingdome and your own salvations Dr. Juxon Will your Majesty though it may be very well known your Majesties affections to Religion ye it may be expected that you should say somewhat for t the worlds satisfaction King I thank you very heartily my Lord for that I had almost forgotten it Introth Sirs My Conscience in Religion I think is very well known to all the world and therefore I declare before you all That I die a Christian according to the profession of the Church of England as I found it left me by my Father and this honest man I think will witness it Then turning to the Officers said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said Take care they doe not put me to pain and Sir this and it please you But then a Gentleman coming near the Ax the King said take heed of the Ax pray Take heed of the Ax then the King speaking to the Executioner said I shall say but very short prayers and when I thrust out my hands Then the King called to Doctor Juxon for his Night cap and having put it on he said to the Executioner Does my hair trouble you who desired him to put it all under his cap which the king did accordingly by the help of the executioner and the Bishop then the King turning to Doctor Iuxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one Stage more this Stage is turbulent and troublesome it is a short one But you may consider it will soon carry you a very great way it will carry you from earth to heaven and there you shall find a great deal of cordial joy and comfort King I goe from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Doctor Juxon You are exchanged from a Temporal to an Eternal Crown a good exchange The king then said to the executioner is my hair well Then the King took off his Cloak and his George giving his George to Doctor Juxon saying Remember Then the King put off his Doublet and being in his Wastcoat put his cloak on again then looking upon the block said to the executioner You must set it fast Executioner It is fast Sir King When I put my hands out this way stretching them out then After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands The Executioner at one blow severed his head from his body the head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortnight to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered cheifly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to to his Majesty they attended with others cloathed in mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Hearse in which it remained till three in the Afternoon about which time came the Duke of Lenox the Marquesse of Hertford the Marquesse of Dorchster the Earl of Lynsey having obtained an order from the Parliament for the Decent Enterment of the King their royal Master provided the expence thereof exceeded not five hundred pounds at their coming into the Castle they shewed their Order of Parliament to Collonel Wichcott Governour of the Castle desiring the Enterment might be in St. George's Chappel and by the form in the Common Prayer Book of the Church of England this request was by the Governour denyed saying it was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act To which the Lords replied there is a difference betwixt destroying their own Act and dispensing with it and that no power so binds its own hands as to disable it self in some cases all could not prevail the Governour persisting in the negative The Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the eight and his beloved wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other persons of Quality the body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. A Letter worthy Perusal written by King CHARLES to his Son the PRINCE from Newport in the Isle of Wight Dated November 29. 1648. Son BY what hath been said you may see how long We have laboured in the search of Peace Do not you be discourag'd to tread those wayes in all those worthy means to restore your self to your Right but prefer the way of Peace shew the greatness of your mind rather to conquer your enemies by pardoning then by punishing If you saw how unmanly and unchristianly this implacable disposition is