prosecute the Charge against the King according to the Act of the Commons Assembled in Parliament in that behalf and in particular the Court did appoint Mr. Steel Attorney and Mr. Cooke Solicitor to take care thereof And the Act for Constituting the said Court was ordered to be transcribed and delivered to the said Councel which was done accordingly Mr. Love Mr. Lisle Mr. Millington Mr. Garland Mr. Marten Mr. Tho. Challoner Sir John Danvers and Sir Henry Mildmay or any two of them are appointed a Committee to consider of all circumstances in matter of order and method for the carrying on and managing the Kings Tryal and for that purpose to advise with the Councel assigned to prove the Charge against the King and to make Report therein the next Sitting and the care of the business is particularly recommended to Mr. Love Edward Dendy Serjeant at Arms made return of the Precept of the Eighth instant for Proclaiming the Sitting of the Court which was received the said Serjeant Dendy having Proclaimed the same by the sound of Trumpet in Westminster Hall as also at the Old Exchange and in Cheapside Edward Dendy Serjeant at Arms is appointed Serjeant at Arms to attend the said Court Mr. John King is appointed Cryer of the said Court The Court having thus made preparations for the said Tryal during all which time they sate private the doors are now opened for all parties that had any thing to do there to give their attendance Three Proclamations being made by the Cryer the Act for constituting the said Court was openly read and the Court called the Commissioners present were as before-named The Commissioners that were absent were ordered to be summoned to attend the said Service and Summons were issued forth accordingly The Court Adjourned it self till Fryday Jan. 12 th at Two of the Clock in the Afternoon to the same place Januarii 12 1648. At which time the Commissioners Present were as after-named Die Veneris 12 Januarii 1648. Painted Chamber Commissioners Present Oliver Cromwell Esq Sir John Danvers Thomas Hammond Esq Peregr Pelham Esq Herbert Morley Esq James Temple Esq William Say Esq John Huson Esq Sir John Bourchier Kt. John Bradshaw Serj. at Law Gilbert Millington Esq John Moore Esq John Brown Esq John Fry Esq Sir Hardress Waller Kt. Adrian Scroope Esq Thomas Challoner Esq Thomas Pride Esq John Lisle Esq Owen Roe Esq Thomas Scot Esq John Jones Esq John Carew Esq John Fagg Esq Henry Marten Esq John Blackistone Esq John Dove Esq Henry Smith Esq John Ven Esq John Downs Esq Nicholas Love Esq Thomas Harrison Esq John Berkstead Esq With divers more Serjeant Bradshaw upon special Summons attended this Court being one of the Commissioners thereof and being according to former Order called to take his place of President of the said Court made an earnest Apology for himself to be excused but therein not prevailing in obedience to the Commands and Desires of this Court he submitted to their Order and took place accordingly and thereupon the said Court Ordered concerning him as followeth viz. That John Bradshaw Serjeant at Law who is appointed President of this Court should be called by the Name and have the Title of Lord President and that as well without as within the said Court during the Commission and Sitting of the said Court Against which Title he pressed much to be heard to offer his Exceptions but was therein over-ruled by the Court. Mr. Andrew Broughton attended according to former Order and it was thereupon again Ordered That Andrew Broughton and John Phelpes Gent. be and they are hereby constituted Clerks of the said Court and enjoyned to give their Attendance from time to time accordingly Ordered That the Councel assigned or such as They or any of Them shall appoint shall have power to search for all Records and Writings concerning the King's Tryal and to take into their custody or order the producing of all such Records and Papers or Copies thereof by any Clerk or other Person whatsoever at or before the said Tryal as they shall judge requisite the Said Councel giving a Note under their Hands of their Receipt of all such Original Books and Papers which they shall so take into their custody And that the said Councel shall have power to send for such person or persons at or before the said Tryal and to appoint by Writing under their Hands their Attendance for the Service of the State in this Business as they shall think requisite requiring all Persons concerned to yield Obedience thereunto at their perils Sir Hardress Waller Knight and Col. Harrison are Ordered to desire the Lord General from time to time to appoint sufficient Guards to attend and guard the said Court during their Sitting Ordered That Col. Tichbourne Col. Roe Mr. Blackistone and Mr. Fry Members of this Court shall and do make Preparations for the Tryal of the King That it may be performed in a Solemn Manner and that they take care for other necessary Provisions and Accommodations in and about that Tryal and are to appoint and command such Workmen in and to their Assistance as they shall think fit Mr. Love Reporteth from the Committee appointed Jan. 10 th instant to consider of the Circumstances in Matters of Order for Tryal of the King And it is thereupon Ordered That in managing the Proceedings in Open Court at the time of the King's Tryal none of the Court do speak but the President and Councel and in case of any Difficulty arising to any one that he speak not to the Matter openly but desire the President that the Court may please to Advise By which Order it is not intended that any of the Commissioners be debarred at the Examination of any Witness to move the Lord President to propound such Question to the Witness as shall be thought meet for the better disquisition and finding out of the Truth Ordered That there shall be a Marshal to attend this Court if there be cause Ordered That the Lord President and Councel do manage the Tryal against the King according to Instructions to be given them by the Court and that the Committee for considering of all circumstances for the managing of the King's Trial do consider of Rules and Instructions in that behalf and are to consult with the Councel and address themselves to the Lord President for Advice in the Premises Ordered That the Councel do bring in the Charge against the King on Monday next The Committee for considering of the Circumstances of Order for the King's Trial together with Sir Hardress Waller Col. Whaley Mr. Scot Col. Tichbourne Col. Harrison Lieut. Gen. Cromwell and Col. Deane are appointed to consider of the place for Trying the King and make Report to morrow in the Afternoon and are to meet to morrow Morning in the Inner Court of Wards at Nine of the Clock and who else of the Court please may be there The Court Adjourned it self till the Morrow in the Afternoon at
Two of the Clock Sabbathi 13 Jan. 1648. Proclamation being made and all Parties Concerned required to give Attendance the Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwel Esq Henry Ireton Esq Sir Hardress Waller Kt. Edward Whaley Esq Thomas Pride Esq Isaac Ewer Esq Sir John Danvers Sir Gregory Norton William Purefoy Esq John Blackistone Esq Gilbert Millington Esq Sir William Constable Bar. John Hutchinson Esq William Goff Esq Cornelius Holland Esq John Carew Esq Thomas Challoner Esq Algernon Sydney Esq William Say Esq John Fagg Esq Francis Lassels Esq Valentine Wauton Esq Henry Smith Esq Humphrey Edwards Esq John Fry Esq Sir Thomas Maleverer Bar. William Heveningham Esq John Dove Esq John Venn Esq Tho. Scot Esq John Downes Esq Adrian Scroope Esq John Lisle Esq Augustine Garland Esq John Dixwell Esq Daniel Blagrave Esq John Browne Esq The Court being to make further preparations for the King's Tryal sit private The Serjeant at Arms is Authorized to employ such other Messengers as shall be needful for the service of the Court giving in their Names to the Clerks of this Court Ordered That the Serjeant at Arms do search and secure the Vaults under the Painted Chamber taking such Assistance therein from the Souldiery as shall be needful Mr. Garland reporteth from the Committee for considering of the place for the King's Trial and the Court thereupon Ordered That the said Tryal of the King shall be in Westminster-Hall That the Place for the King's Tryal shall be where the Courts of King's Bench and Chancery sit in Westminster-Hall and that the Partitions between the said two Courts be therefore taken down and that the Committee for making Preparations for the King's Tryal are to take care thereof accordingly The Court Adjourned it self till Monday at Two of the Clock in the Afternoon to this Place Lunae 15 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Dean Esq John Berkstead Esq Isaac Ewer Esq Robert Lilbourn Esq Thomas Hamond Esq Edward Whaley Esq Thomas Pride Esq Thomas Lord Grey of Groby William Lord Mounson Sir John Danvers Sir Tho. Maleverer Bar. Sir Tho. Wroth. Robert Wallop Esq Henry Martin Esq William Purefoy Esq Gilbert Millington Esq Edmond Ludlow Esq John Hutchinson Esq Adrian Scroope Esq John Okey Esq John Huson Esq Peregrine Pelham Esq Thomas Challoner Esq John Moore Esq John Aldred Esq Henry Smith Esq James Challoner Esq Humphrey Edwards Esq Vincent Potter Esq Augustine Garland Esq James Temple Esq Daniel Blagrave Esq John Blackistone Esq Oliver Cromwell Esq Robert Tichbourne Esq John Jones Esq John Downs Esq Sir Hardress Waller Thomas Horton Esq Henry Ireton Esq Algernon Sydney Esq Peter Temple Esq Nicholas Love Esq Valentine Wauton Esq John Lisle Esq John Venn Esq Cornelius Holland Esq Thomas Scot Esq Sir William Constable Bar. Herbert Morley Esq Miles Corbet Esq John Fry Esq William Goff Esq John Fagg Esq John Carew Esq Sir Henry Mildmay Sir Gregory Norton Bar. Here the Court sit private The Councel attended and presented to the Court the Draught of a Charge against the King which being read the Court appointed Commissary General Ireton Mr. Millington Mr. Marten Col. Harvey Mr. Challoner Col. Harrison Mr. Miles Corbet Mr. Scot Mr. Love Mr. Lisle Mr. Say or any three of them to be a Committee to whom the Councel might resort for their further Advice concerning any thing of difficulty in relation to the Charge against the King who were likewise with the Councel to compare the Charge against him with the Evidence and to take care for the preparing and fitting the Charge for the Courts more clear Proceedings in the Businesses as likewise to advise of such general Rules as are fit for the Expediting the Business of the said Court and to meet the Morrow Morning at Eight of the Clock in the Queens Court. Col. Ludlow Col. Purefoy Col. Hutchinson Col. Scroope Col. Deane Col. Whalley Col. Huson Col. Pride Sir Hardress Waller Sir William Constable together with the Committee for making Preparations for the King's Tryal or any three of them are appointed a Committee to consider of the manner of bringing the King to the Court at his Tryal and of the Place where he shall be kept and lodge at during his said Tryal and to take consideration of the secure Sitting of the said Court and placing the Guards that shall attend it and are to meet to morrow morning at Eight of the clock in the Inner Star-Chamber The Court taking Notice of the Nearness of Hilary-Term and necessity they apprehended of Adjourning it in regard of the King's Tryal thereupon were of Opinion that it is fit that a Fortnight of the said Term be Adjourned and Mr. Lisle is desired to move the House therein Three Proclamations The Court Adjourned it self till Wednesday next at Eight in the Morning Mercurii 17 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Esq Edward Whaley Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho. Maleverer Bar. Sir Hardress Waller John Blackistone Esq John Berkstead Esq Sir William Constable John Hutchinson Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson Augustine Garland Simon Meyne Peter Temple John Brown Thomas Scot. Thomas Lister John Jones Vincent Potter Daniel Blagrave William Say Nicholas Love Robert Lilbourne William Goffe John Carew Thomas Pride Francis Allen. Peregrine Pelham John Moore Francis Lassels Henry Smith James Challoner Humphrey Edwards John Fry Sir Gregory Norton John Venn William Cawley Thomas Horton Thomas Hammond Isaac Ewers Cornelius Holland Sir John Bourchier Edmond Ludlow Edmond Harvey Edmond Wild. Thomas Heath William Heveningham Henry Marten William Purefoy John Lisle Ordered That the Commissioners of this Court who have not hitherto appeared be summoned by Warrants under the Hands of the Clerks of this Court to give their Personal Attendance at this Court to perform the Service to which they are by Act of the Commons of England Assembled in Parliament appointed and required Ordered That the Serjeant at Arms attending this Court or his Deputy do forthwith Summon all the aforesaid Commissioners making default who reside or dwell within twenty Miles of London Particular Warrants to every one of them were accordingly issued forth for their Attendance Upon Report made by Col. Hutchinson from the Committee to consider of the manner of bringing the King to Tryal c. the Court Order as followeth viz. Ordered That Sir Robert Cotton's House be the place where the King shall lodge during his Tryal That the Chamber in Sir Robert Cotton 's House next the Study there shall be the King's Bed-Chamber That the Great Chamber
England was openly read by one of the Clerks of the Court. The Act being read the Court was called every Commissioner present thereupon rising to his Name Commissioners present Westminster-Hall Jan. 20. 1648. John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William Lo. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Berkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Augustine Garland Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregr Pelham Francis Allen. Thomas Challoner John Moore William Say John Aldred Francis Lassells Henry Smith James Challoner Humphrey Edwards Gregory Clement John Fry Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scot. William Cawley Anthony Stapeley John Downs John Dixwell Simon Meyne James Temple Peter Temple Daniel Blagrave John Brown This done the Court command the Serjeant at Arms to send for the Prisoner and thereupon Col. Thomlinson who had the Charge of the Prisoner within a quarter of an hours space brought him attended by Col. Hacker and two and thirty Officers with Partizans guarding him to the Court his own Servants immediately attending him Being thus brought up in the Face of the Court the Serjeant at Arms with his Mace receives him and conducts him straight to the Bar having a crimson Velvet Chair set before him After a stern looking upon the Court and the People in the Galleries on each side of him he places himself in the Chair not at all moving his Hat or otherwise shewing the least respect to the Court but presently riseth 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 the Guard that attended him in the mean time dividing themselves on each side the Court and his own Servants following him to the Bar stand on the left hand of the Prisoner The Prisoner having again placed himself in his Chair with his Face towards the Court and Silence being again ordered and proclaimed the Lord President in the Name of the Court addressed himself to the Prisoner acquainting him That the Commons of England Assembled in Parliament being deeply sensible of the Evils and Calamities that had been brought upon this Nation and of the innocent Blood that had been spilt in it which was fixed upon him as the principal Author of it had resolved to make Inquisition for this Blood and according to the Debt they did owe to God to Justice the Kingdom and themselves and according to that Fundamental Power that rested and Trust reposed in them by the People other Means failing through his Default had resolved to bring him to Tryal and Judgment and had therefore constituted that Court of Justice before which he was then brought where he was to hear his Charge upon which the Court would proceed according to Justice Hereupon Mr. Cooke Sollicitor for the Common-wealth standing within a Bar with the rest of the Councel for the Common-wealth on the right hand of the Prisoner offered to speak but the Prisoner having a Staff in his hand held it up and softly laid it upon the said Mr. Cooke's Shoulder two or three times bidding him hold nevertheless the Lord President ordering him to go on Mr. Cooke did according to the Order of the Court to him directed in the Name and on the behalf of the People of England exhibit a Charge of High Treason and other high Crimes and did therewith accuse the said CHARLES STVART King of England praying in the Name and on the behalf aforesaid that the Charge might be accordingly received and read and due Proceedings had thereupon and accordingly preferred a Charge in writing which being received by the Court and delivered to the Clerk of the Court the Lord President in the Name of the Court ordered it should be read But the King interrupting the reading of it the Court notwithstanding commanded the Clerk to read it acquainting the Prisoner that if he had any thing to say after the Court would hear him whereupon the Clerk read the Charge the Tenor whereof is as followeth viz. A Charge of High Treason and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General appointed by the said Court for and on the behalf of the People of England against CHARLES STVART King of England THat He 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 reserved 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 Practices 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 1642. 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 four and twentieth day of August in the same Year at the County of the Town of Nottingham where and when he set up his Standard of War and also on or about the twenty third day of Octob. in the same Year at Edge-Hill and Keynton Field in the County of Warwick and upon or about the thirtieth day of November in the same Year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the Year of our Lord 1643 at Caversham-Bridge near Reading 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 Gloucester and upon or about the thirtieth day of November in the Year last mentioned at Newbury in the County of Berks and upon or about the thirty first
bring this Design to pass he hath prosecuted it with Fire and Sword Levied and maintained a cruel VVar in the Land against the Parliament and Kingdom whereby the Country hath been miserably wasted the Publick Treasure Exhausted Trade decayed thousands of People murdered and infinite 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 VVhereas 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 distempers of the Kingdom did forbear to proceed Judicially against him but found by sad Experience that such their Remisness served only to encourage him and his Complices in the continuance of their evil practices and in raising of new Commotions Rebellions and Invasions for prevention therefore of the like or greater Inconveniences and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Nation and to expect Impunity for so doing Be it Ordained and Enacted by the Commons in Parliament and it is hereby Ordained and Enacted by Authority thereof That Thomas Lord Fairfax Oliver Cromwell Henry Ireton Esquires Sir Hardress Waller Knight Philip Skippon Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingoldsby Henry Mildmay Esquires Sir Thomas Honywood Thomas Lord Grey of Groby Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Sir James Harrington Sir William Allanson Sir Henry Mildmay Sir Thomas Wroth Knights Sir William Masham Sir John Barrington Sir William Brereton Baronets Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Rowland Wilson Aldermen of the City of London Sir Peter Wentworth Knight of the Bath Henry Martin William Purefoy Godfrey Bosvile John Trenchard Herbert Morley John Berkstead Matthew Tomlinson John Blackiston Gilbert Millington Esquires Sir William Constable Baronet Edmond Ludlow John Lambert John Hutchinson Esquires Sir Arthur Hesilrige Sir Michael Livesey Baronets Richard Salwey Humphry Salwey Robert Tichbourn Owen Roe Robert Manwaring Robert Lilbourn Adrian Scroop Richard Deare John Okey Robert Overton John Huson John Desborough William Goff Robert Duckenfield Cornelius Holland John Carey Esquires Sir William Armyn Baronet John Jones Esquire Miles Corbet Francis Allen Thomas Lister Benjamin Weston Perigrin Pelham John Gourdon Esquires Francis Thorp Serjeant at Law John Nutt Thomas Challoner Algernon Sydney John Anlaby John Moore Richard Darley VVilliam Say Joh. Aldred John Fagg James Nelthorp Esquires Sir VVilliam Roberts Knight Francis Lastells Alexander Rigby Henry Smith Edmond VVild James Challoner Josias Berners Dennis Bond Humphrey Edwards Gregory Clement John Fry Thomas VVogan Esquires Sir Gregory Norton Baronet John Bradshaw Serjeant at Law Edmond Harvey John Dove John Ven Esquires Iohn Fowks Alderman of the City of London Thomas Scot Esquire Thomas Andrews Alderman of the City of London William Cawley Abraham Burrell Anthony Stapeley Roger Gratwick Iohn Downs Thomas Horton Thomas Hammond George Fenwick Esquires Robert Nicholas Serjeant at Law Robert Reynolds Iohn Lisle Nicholas Love Vincent Potter Esquires Sir Gilbert Pickering Baronet Iohn Weaver Roger Hill Iohn Lenthall Esquires Sir Edward Banton Iohn Corbet Thomas Blunt Thomas Boon Augustine Garland Augustine Skinner Iohn Dixwell George Fleetwood Simon Meyne Iames Temple Peter Temple Daniel Blagrave Esquires Sir Peter Temple Knight and Baronet Thomas VVayte Iohn Brown Iohn Lowry Esquires Shall be and are hereby Appointed and Required to be Commissioners and Judges for the Hearing Trying and Adjudging of the said Charles Stuart And the said Commissioners or any Twenty or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster and to adjourn from time to time and from place to place as the said High Court or major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned and for the receiving of his personal Answer thereunto and for the examination of VVitnesses upon Oath which the Court hath hereby Authority to administer or otherwise and taking any other Evidence concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and such final Sentence to execute or cause to be executed speedily and impartially And the said Court is hereby Authorized and required to appoint and direct all such Officers Attendants and other circumstances as they or the major part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises And Thomas Lord Fairfax the General and all Officers and Soldiers under his command and all Officers of Justice and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed Provided That this Act and the Authority hereby granted do continue in force for the space of one Month from the making hereof and no longer Hen. Scobell Cler. Par. Dom. Com. In pursuance of which said Act the House of Commons Ordered as followeth viz. Die Sabbati 6. Jan. 1648. ORdered by the Commons Assembled in Parliament That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart King of England do meet on Monday next at two of the Clock in the afternoon in the Painted Chamber By virtue of which said recited Act and of the said Order grounded thereupon the Commissioners whose Names are here under-written met on Monday the said eighth day of January 1648. in the said Painted Chamber at Westminster where the said Act was openly read and the Court called Commissioners Present Thomas Lord Fairfax Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Valentine Wauton Edward Whaley Thomas Pride Isaac Ewers Sir Gregory Norton Bar. Peter Temple Esq John Ven Esq Thomas Challoner Esq Henry Martin Esq John Berkstead Esq Gilbert Millington Esq Richard Deane Esq Cornelius Holland Esq John Jones Esq John Aldred Esq Henry Smith Esq John Lisle Esq James Temple Esq Adrian Scroope Esq Edmond Ludlow Esq John Huson Esq Thomas Harrison Esq Nicholas Love Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho Maleverer Bar. Sir John Bourchier Sir Henry Mildmay James Challoner Esq Gregory Clement Esq John Fry Esq Augustine Garland Esq Daniel Blagrave Esq Robert Tichbourn Esq Wil. Heveningham Esq William Purefoy Esq John Blackistone Esq William Lord Mounson John Okey Esq John Carew Esq
before the said Lodging-Chamber be for the King's Dining-Room and that a Guard consisting of Thirty Officers and other choice Men do always attend the King who are to attend him at his Lodging above Stairs and that Two of the said Thirty do always attend in his Bed-Chamber That Place for a Court of Guard for 200 Foot-Soldiers be built in Sir Robert Cotton 's Garden near the Water-side That Ten Companies of Foot be constantly upon the Guards for securing Sir Robert Cotton's House and those Companies to be Quartered in the Court of Requests the Painted Chamber and other necessary Places thereabouts That the Passage that cometh out of the Old Palace into Westminster-Hall be made up at the Entrance of the said Passage next the said Guard That the top of the Stairs at the Court of Wards Door have a cross Barr made to it That the King be brought out of Sir Robert Cotton's House to his Tryal the lower way into Westminster-Hall and so brought to the Barr in the Face of the Court attended by the above-said Guard above Stairs That Two Rayls of about forty foot distance from the Place where this Court shall Sit in Westminster-Hall be made cross the said Hall for the effectual and substantial doing whereof this Court do refer it to the care of the Committee appointed to consider of the manner of bringing the King to Tryal who are likewise to take care for raising the Floor in such part of the Hall as they shall think fit for placing of the Guards and that a Rayl or Rayls from the Court down to the Hall-Gate be made in such manner as they shall think fit on the Common-Pleas side to keep the People from the Soldiers That there be â—â—ards set upon the Leads and other places that have Windows to look into the Hall That the General be desired from time to time to send and appoint convenient Guards of Horse for the convenient Sitting of the Court. That Twenty Officers or other Gentlemen do attend upon the Lord President from time to time to and from this Court through Westminster-Hall That the Officers of the Ordnance do send unto this Court 200 Halberts or Partizans lying within the Tower of London for the Arming of the Guards that are to attend this Court That at the time of the Tryal of the King the Commissioners do before their Sitting in the Court meet in the Exchequer-Chamber and do from thence come up the Hall into the Court. That all Back-doors from the House called Hell be stopt up during the Kings Tryal That Lodgings be prepared for the Lord President at Sir Abraham Williams 's House in the New Palace-Yard during the Sitting of this Court and that all Provisions and Necessaries be provided for his Lordship That Sir Henry Mildmay Mr. Holland and Mr. Edwards do take care for providing all Provisions and Necessaries for the King during his Tryal That Sir Henry Mildmay Mr. Holland and Mr. Edwards do likewise take care for all Necessaries for the Lord President Ordered That the Committee for considering of the manner of bringing the King to Tryal do consider what Habits the Officers of this Court shall have who are to advise with some Heralds at Arms therein and concerning the Ordering of the said Officers That a Sword be carried before the Lord President at the Tryal of the King That John Humphreys Esq do bear the Sword before the Lord President That a Mace or Maces together with a Sword be likewise carried before the Lord President This Court doth Adjourn it self to Three of the Clock in the Afternoon Jan. 17. 1648. Post Meridiem Three Proclamations The Court is cleared of Strangers and they sit private The Charge against the King is presented by the Councel and Ordered to be re-committed to the Committee appointed for Advice with the Councel concerning the Charge against the King who are to contract the same and fit it for the Courts proceeding thereupon according to the Act of Parliament in that behalf And the same Committee are likewise to take care for the King 's coming to Westminster to Tryal at such time as to them shall seem meet and Lieutenant Gen. Cromwell is added to the said Committee and the Councel are to attend this Court with the said Charge to morrow at Two of the Clock in the Afternoon and thereupon Ordered That the Committee for Considering of the manner of bringing the King to Tryal do meet to Morrow Morning at Eight of the Clock in the Exchequer-Chamber The Court Adjourned it self till the Morrow at Two of the Clock in the Afternoon to the same Place Jovis 18 Jan. 1648. Three Proclamations made Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Edward Whalley Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Bar. Sir Hardress Waller John Berkstead John Blackistone Sir William Constable John Hutchinson Robert Tichbourne Cornelius Holland John Moore Richard Deane John Okey Thomas Hammond John Carew William L. Mounson John Huson Thomas Pride William Cawley Henry Smith Peter Temple Thomas Wogan George Fleetwood Francis Lassels Adrian Scroope Peregrine Pelham John Fry Sir Gregory Norton Humphrey Edwards John Venn William Purefoy Simon Meyne John Browne Herbert Morley Here the Court sit private Col. Tichbourne one of the Commissioners of this Court informeth the Court that he was with Mr. Steel Attorney of this Court and found him in his Bed very sick and by reason thereof not like to attend yet the Service of this Court according to former Order and desired him the said Colonel to signifie that he the said Mr. Steel no way declineth the Service of the said Court out of any disaffection to it but professeth himself to be so clear in the Business that if it should please God to restore him he should manifest his good Affection to the said Cause and that it is an addition to his Affliction that he cannot attend this Court to do that Service that they have expected from him and as he desires to perform The Court Adjourned it self till to morrow Two of the Clock in the Afternoon Veneris 19 Jan. 1648. Three Proclamations The Court called openly The Commissioners Present John Bradshaw Serjeant at Law Lord President Henry Ireton Sir Hardress Waller Knight Thomas Harrison Edward Whalley Isaac Ewers William Lord Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. William Heveningham William Purefoy John Barkstead John Blackistone Gilbert Millington John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Huson Cornelius Holland John Jones Peregr Pelham Thomas Challoner Algernon Sydney William Say Francis Lassells Henry Smith Humphrey Edwards John Fry Sir Gregory Norton Bar. John Dove Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple John Brown John Okey William Goffe John Carew Here the Court sate private Col.
Hutchinson Reporteth from the Committee appointed to consider of the Habits of the Officers and it is thereupon Ordered That Three Gowns be Provided for three Vshers and Three Cloaks for Three Messengers of this Court Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge against the King that the Councel have perfected the Charge and are ready to present it He likewise reporteth the Draught of an Order whereby the Charge may by the Command of this Court be exhibited together with a Form of Words the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge Which said Order and Form of Words the Court have with some Alterations agreed unto as followeth It is Ordered That Mr. Attorney and in his absence Mr. Sollicitor do in the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes against CHARLES STVART King of England and charge him thereupon in the behalf aforesaid The Form of Words are as followeth My Lord ACcording to an Order of this High Court to me directed for that purpose I do in the Name and on the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes whereof I do accuse CHARLES STVART King of England here present And I do in the Name and on the behalf aforesaid desire the said Charge may be received accordingly and due Proceedings had thereupon The Councel likewise according to Mr. Millington 's Report present a Draught of the Charge against the King which was read the first and second and third time and referred back to the said Councel to make some small Amendments as to the Form thereof Ordered That Commissary Gen. Ireton Col. Whalley Col. Harrison Sir Hardress Waller or any two of them do appoint the Thirty Persons that are by Order of the 17th Instant to attend the King and the Twenty that are to attend the Lord President Ordered That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet The Court Adjourned it self till Nine of the Clock to morrow morning Sabbathi 20 Jan. 1648. Three Proclamations and Attendance commanded Ordered That Sir Henry Mildmay be desired to deliver unto John Humphreys Esq the Sword of State in his Custody which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court The Court being sate as aforesaid before they engaged in further Business the Serjeant at Arms of the House of Commons came thither and acquainted the Court that the House wanted their Members that were of that Court the Court thereupon Adjourned till twelve of the Clock the same day The Court accordingly met at twelve of the Clock Three Proclamations made Commissioners present Painted Chamber 20 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court Tho. L. Grey of Groby Henry Martin Oliver Crowwell Henry Ireton Augustine Garland Thomas Challoner Nicholas Love William Cawley John Venn William Purefoy John Barkstead James Challoner Peter Temple Tho. Harrison Robert Tichbourne John Hutchinson Sir Gregory Norton Sir Tho. Maleverer Bar. Daniel Blagrave Owen Roe Thomas Wogan William Say Francis Lassels John Jones Sir John Bourchier John Carew John Dewnes John Fry Sir Michael Livesey Sir John Danvers Mr. Millington Sir Hardress Waller John Blakistone John Huson Humphrey Edwards Isaac Pennington Ald. of Lond. John Brown Edw. Whalley John Okey Thomas Pride Adrian Scroope Valentine Wauton Tho. Hamond James Temple Peregrine Pelham Thomas Lister Edmond Ludlow Simon Meyne Thomas Scot. Edmond Harvy William Lord Mounson Henry Smith Sir William Constable Isaac Ewers Sir Henry Mildmay Anthony Stapeley Here the Court sate private Ordered That the Form and Method of the Courts Proceeding unto and in the reading of the Commission by which they Sit sending for and bringing in the Prisoner to the Bar acquainting him in brief with the cause of his bringing thither receiving and reading the Charge and demanding what the Prisoner says thereto be referred to the discretion of the Lord President as also That in case the Prisoner shall in Language or Carriage towards the Court be insolent outragious or contemptuous that it be left to the Lord President to reprehend him therefore and admonish him of his Duty or to command the taking away of the Prisoner and if he see cause to withdraw or adjourn the Court But as to the Prisoners putting off his Hat the Court will not insist upon it for this day and that if the King desire time to Answer the Lord President is to give him time Ordered Vpon the Lord President 's Desire and Motion That Mr. Lisle and Mr. Say Commissioners of this Court be Assistants to the Lord President and for that purpose it is Ordered that they sit near the Lord President in Court Mr. Sollicitor presented the Charge against the King ingrossed in Parchment which was read and being by Mr. Sollicitor Signed was returned to him to be exhibited against the King in his presence in open Court And thereupon the Court Adjourned it self forthwith to the Great Hall in Westminster The Manner of the Tryal of Charles Stuart King of England ON Saturday being the 20 th Day of January 1648. the Lord President of the High Court of Justice his two Assistants and the rest of the Commissioners of the said Court according to the Adjournment of the said Court from the Painted Chamber came to the Bench or Place prepared for their Sitting at the West End of the Great Hall at Westminster divers Officers of the said Court one and twenty Gentlemen with Partizans and a Sword and Mace marching before them up into the Court 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 several Seats or Benches prepared and hung with Scarlet for that purpose The Lord President 's two Assistants sitting next of each side of him and the two Clerks of the Court placed at a Table somewhat lower and covered with a Turky Carpet upon which Table was also laid the Sword and Mace the said Guard of Partizans dividing themselves on each side of the Court before them Three Proclamations are made for all persons that were Adjourned over thither to draw near The Court being thus sate and Silence enjoyned the Great Gate of the Hall was set open to the intent that all persons without exception desirous to see or hear might come unto it upon which the Hall was presently filled and Silence again ordered and proclaimed After Silence proclaimed as aforesaid the Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for Trying and Judging of CHARLES STVART King of
Francis Allen. Sir Tho. Maleverer Bar. Valentine Wauton Peter Temple John Fry Thomas Scot. Henry Smith Thomas Pride Augustine Garland John Venn Sir John Bourchier William Purefoy Sir William Constable Bar. Isaac Pennington Ald. of Lond. Thomas Harrison Edmund Harvey John Hutchinson Oliver Cromwell Thomas Lord Grey of Groby Sir Gregory Norton Bar. Robert Wallop James Temple Owen Roe Richard Deane William Goffe Francis Lassels Edmond Ludlow William Cawley Gilbert Millington Sir Hardress Waller Anthony Stapeley John Jones Nicholas Love John Carew Tho. Andrews Ald. of Lond. Isaac Ewers John Huson Cornelius Holland Humphrey Edwards Vincent Potter John Okey John Blackistone Thomas Hammond Daniel Blagrave William Heveningham Sir Michael Livesey John Berkstead Peregrine Pelham John Downes Adrian Scroope John Dixwell John Moore Robert Tichbourne James Challoner Gregory Clement William L. Mounson Henry Marten Tho. Challoner Here the Court sit private Ordered That the Committee for nominating the Officers of this Court together with the Committee for nominating the Guards do consider of an Allowance for Diet of the Officers and what other satisfaction they shall have for their Service Col. Harvey informeth the Court That he was desired to signifie unto this Court in the behalf of Mr. John Corbet Member of this Court that his absence is not from any disaffection to the Proceedings of this Court but in regard of other especial Employment that he hath in the Service of the State Here the Court considered of the King's Carriage on the Saturday before and of all that had then passed on the Courts behalf and approved thereof as agreeing to their Sense and Directions and perceiving what the King aimed at viz to bring in question if he could the Jurisdiction of the Court and the Authority whereby they sate and considering that he had not in the interim acknowledged them in any sort to be a Court or in any Judicial capacity to determine of his Demand and Plea and that through their sides he intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representative The Commons Assembled in Parliament after Advice with their Councel Learned in both Laws and mature Deliberation had of the Matter Resolved That the Prisoner should not be suffered to bring these things in question which he aimed at touching that Highest Jurisdiction whereof they might not make themselves Judges and from which there was no Appeal And therefore Order and Direct viz. Ordered That in case the King shall again offer to fall into that Discourse 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 not be permitted to be disputed by him and that they were resolved he should answer his Charge That in case he 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 to Answer with a Saving Notwithstanding of his pretended Prerogative That the Lord President do in the Name of the Court refuse his Protest and require his Positive Answer to the Charge That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring such 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 diverse High Crimes and Treasons which Charge hath been read unto You The Court requires you to give a Positive Answer whether You confess or deny the Charge having determined that You ought to Answer the same Ordered That the Commissioners shall be called in open Court at the Courts Sitting in the Hall and that the Names of such as appear shall be Recorded Hereupon the Court forthwith Adjourned it self into Westminster-Hall Westminster-Hall 22 Jan. 1648. Post Merid. The Commissioners coming from the Painted Chamber take their Place in the Publick Court in Westminster-Hall as on Saturday before and being sate and the Hall Doors set open Three Proclamations are made for all Persons that were Adjourned over to this time to give their Attendance and for all Persons to keep Silence upon pain of Imprisonment The Court is thereupon called Commissioners Present in Westminster-Hall 22 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court William Say John Lisle Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Edmund Ludlow John Huson William Goffe Cornelius Holland John Carew Robert Lilbourne John Jones Francis Allen. Peregrine Pelham Thomas Challoner John Moore John Aldred Francis Lassels Henry Smith James Challoner Gregory Clement John Fry Thomas Wogan Peter Temple Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. Henry Martin William Purefoy John Berkstead William Tomlinson John Blakistone Gilbert Millington Sir William Constable Bar. Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Deane John Okey John Hutchinson Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland John Dixwell James Temple Daniel Blagrave Humphrey Edwards The Court being called the Serjeant is commanded to fetch his Prisoner The King is again brought Prisoner to the Bar as on Saturday before Proclamation is made for Silence whilst Pleas of the Commonwealth were in hand and Order given to the Captain of the Guard to take into his Custody such as should disturb the Court. Mr. Sollicitor moved the Court that the Prisoner might give a Positive Answer to his Charge or otherwise that the Court would take the Matter of it pro Confesso and proceed thereupon according to Justice which being pressed by the Court upon the Prisoner and their Judgment again made known unto him That he was to Answer his Charge otherwise that his Contumacy would be recorded The Prisoner that notwithstanding still insisted upon his former Plea and that the Court had no Power nor the Commons of England who had constituted it to proceed against him upon which the Clerk of the Court by Command and according to former Order required his Answer in the Form prescribed and the Prisoner still refusing to submit thereto his Default and Contempt were again Recorded the Prisoner remanded and the Court Adjourned it self till the
in which I having concluded as much as in Me lay and hopefully expecting the Houses Agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My Will brought hither vvhere since I am come I cannot but to My Power defend the Ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the Major part of them are detained or deterred from Sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your Pretended Court. Besides all this the Peace of the Kingdom is not the least in My Thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole Frame of that Government under which this Kingdom hath flourished for many hundred Years nor will I say what will fall out in case this lawless unjust Proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late Years under the Reign of Queen Elizabeth the King My Father and My Self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any New And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the Ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your Pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will Answer or that you will withdraw your Proceedings This I intended to speak in Westminster-Hall on Monday January 22. but against Reason was hindred to shew my Reasons Painted Chamber Martis 23 Jan. 1648. Three Proclamations are made and all Parties concerned required to give their Attendance Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Sir James Harrington Kt. Francis Allen. Henry Marten Thomas Scot. Sir Hardress Waller Edm. Whalley John Venn Richard Deane John Huson Thomas Lord Grey of Groby William Purefoy Daniel Blagrave Isaac Pennington Ald. of Lond. Thomas Harrison Adrian Scroope Robert Lilbourne Sir Gregory Norton Cornelius Holland William Cawley Augustine Garland Nicholas Love Tho. Hamond John Moore Edmond Harvey Thomas Pride Henry Smith Thomas Challoner Miles Corbet John Okey Sir William Constable Bar. Gilbert Millington Humphrey Edwards Anthony Stapeley Robert Tichbourne Sir John Danvers Simon Meyne Vincent Potter Oliver Cromwell Edmond Ludlow John Blackistone Sir Henry Mildmay John Hutchinson Peter Temple Henry Ireton Sir Michael Livesey Bar. John Jones James Temple Isaac Ewers Sir John Bourchier John Fry Sir Tho. Maleverer Bar. Gregory Clement John Carew Tho. Andrews Ald. of Lond. John Dixwell Sir Gilbert Pickering Bar. William Heveningham Valentine Wauton John Downs Owen Roe Here the Court sate private And taking into consideration the Proceeding of the last Court the last day fully approved of what in their behalf had been then said and done and likewise taking into consideration the Demeanor of the King at the said Court have notwithstanding resolved to try him once more whether he will own the Court and to that purpose Ordered That the Lord President do acquaint the King in case he shall continue contumacious that he is to expect no further time and that the Lord President do therefore in the Name of the Court require his Positive and Final Answer and if he shall still persist in his obstinacy that the Lord President give Command to the Clerk to read as followeth viz. CHARLES STVART King of England you are accused on the behalf of the People of England of divers High Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your final and positive Answer by way of Confession or Denial of the Charge Nevertheless if the King should submit to answer and desire a Copy of his Charge that it be granted him by the Lord President notwithstanding giving him to know That the Court might in Justice forthwith proceed to Judgment for his former Contumacy and Failer to Answer and that he be required to give his Answer to the said Charge the next day at One of the Clock in the Afternoon Whereupon The Court Adjourned to Westminster-Hall forthwith Westminster-Hall 28 Jan. 1648. Post Merid. Three Proclamations being made and Attendance and Silence commanded as formerly The Court is thereupon called Commissioners present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Thomas Pride Isaac Ewer Henry Martin William Purefoy John Berkstead John Blakistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore William Say John Dixwell Sir Henry Mildmay Kt Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. Sir James Harrington Kt. Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. John Aldred Henry Smith James Temple Peter Temple Daniel Blagrave Humphrey Edwards Gregory Clement John Fry Thomas Wogan Sir Gregory Norton Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland Simon Meyne The Court being called the Serjeant is required to send for the Prisoner who was accordingly brought to the Bar where he took his Seat as formerly Proclamation is thereupon made for Silence while the Pleas of the Commonwealth are in hand and the Captain of the Guard commanded by Proclamation to take into custody all that shall disturb the Proceedings of the Court Mr. Sollicitor Cooke addressing himself to the Court repeated the former Delays and Contempts of the Prisoner so as that no more needed on his part but to demand Judgment yet offered notwithstanding the Notoriety of the Facts charged mentioned in the Commons Act appointing the Tryal to prove the Truth of the same by Witnesses if thereto required and therefore prayed and yet he said not so much he as the innocent Blood that had been shed the cry whereof was very great that a speedy Sentence and Judgment might be pronounced against the Prisoner at the Bar according to Justice Hereupon the Court putting the
Authorized by the Supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the Rules of Justice take advantage of these Delays and proceed to pronounce Judgment against you yet nevertheless 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 Justice knows no respect of Persons you are to give your Positive and Final 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 Bradshaw 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 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 Justice to maintain the Old Laws indeed I know not 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 Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give Me time I will 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 in a Treaty upon the Publick Faith of the Kingdom that was the known Two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir You must know the Pleasure of the Court. King By your favour Sir Bradshaw Nay Sir By your Favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court The Court craves it not of You but once more they command You to give Your Positive Answer Clerk do your Duty King Duty Sir The Clerk reads CHARLES STVART 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 Final 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 clearness 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 Kingdom Sir you must excuse Me. Bradshaw Sir This is the third time that You have publickly disown'd this Court and put an Affront upon it How far You have preserv'd the 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 Kingdom 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 only say this one Word more to you if it were only My own Particular I would not say any more nor interrupt you Bradshaw Sir You have heard the Pleasure of the Court and You are notwithstanding You will not understand it to find that You are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all Persons which 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 at Westminster-Hall by Ten of the Clock next Morning Cryer God bless the Kingdom of England Mercurii 24 Jan. 1648. Painted Chamber Three Proclamations made The Commissioners Present John Bradshaw Serjeant at Law Lord President Sir Thomas Maleverer Baronet Thomas Scot. Edward Whalley John Carew Edmund Harvey Owen Roe John Blackistone William Purefoy Henry Smith John Fry Francis Lassels Daniel Blagrave Anthony Stapeley Sir Gregory Norton Bar. William Cawley Robert Tichbourne Henry Marten Oliver Cromwell Sir John Danvers John Moore Richard Deane Vincent Potter Thomas Horton Cornelius Holland John Berkstead Tho. Lord Grey of Groby John Huson John Okey Gilbert Millington John Jones William Goffe Sir John Bourchier Isaac Pennington Ald. of Lond. Simon Meyne Adrian Scroope John Dixwell Isaac Ewers John Aldred Peter Temple Peregrine Pelham Edmund Ludlow John Hutchinson Thomas Pride William Heveningham Sir William Constable Francis Allen. The Court took into Consideration the Manner how the Witnesses should be Examined and in regard the King hath not Pleaded to Issue and that this Examination was ex abundanti only for the further satisfaction of themselves Resolved That the Witnesses shall be Examined to the Charge against the King in the Painted Chamber before the Court there Ordered That Mr. Millington and Mr. Tho. Challoner do forthwith repair unto John Brown Esq Clerk of the House of Peers for such Papers as are in his Custody which are conducible for the Business and Service of this Court and the said Mr. Brown is required to send the said Papers hither accordingly Witnesses Produced and Sworn in Court to give Evidence to the Charge against the King Henry Hartford Edward Roberts William Braynes Robert Lacy.
Robert Loades Samuel Morgan James Williams Michael Potts Giles Gryce William Arnop John Vinson George Seely Tho. Ives James Crosby Tho. Rawlins Richard Blomfield John Thomas Samuel Lawson John Pyneger George Cornewall Tho. Whittington William Jones Humphrey Browne Arthur Young David Evans Diogenes Edwards Robert Williams John Bennett Samuel Burden Col. Horton Col. Deane Col. Okey Col. Huson Col. Roe Col. Tichbourne Col. Whalley Col. Tomlinson Col. Goffe Col. Ewers Col. Scroope Mr. Love Mr. Scot Mr. Tho. Challoner Mr. Millington and Sir John Danvers or any Three of them are a Committee appointed to take the Examination of the said Witnesses now sworn whom the Clerks are to attend for that purpose The Court granted their Summons for summoning further Witnesses and Adjourned it self till the Morrow at Nine of the Clock in the Morning to this Place Jovis 25 Jan. 1648. Painted Chamber Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Richard Deane Sir Hardress Waller John Moore Peregr Pelham John Huson John Barkstead Edw. Whalley John Okey Edmond Harvey Adrian Scroop Henry Smith Thomas Scot. William Cawley Gilbert Millington Thomas Challoner John Carew Sir John Bourchier Kt. Sir Thomas Maleverer Bar. Francis Allen. Thomas Harrison John Jones John Aldred John Browne Isaac Ewers Robert Tichbourne Augustine Garland Francis Lassells John Dixwell Sir Michael Livesey Bar. John Venn Edmond Wild. With divers others Here the Court sate private The Court Ordered that the Marshal Gen. of this Army or his Deputy do bring forthwith Mr. Holder Prisoner at White-Hall to the end that he may testify his knowledge of all such Matters as shall be propounded unto him concerning the Charge against the King Ordered That the Dean's House in Westminster-Abbey be provided and furnished for the Lodging of the Lord President and his Servants Guards and Attendants and a Committee are appointed to take care hereof accordingly Mr. Henry Gouge and Mr. William Cuthbert Witnesses produced to the Charge against the King were sworn and examined The Witnesses sworn in open Court and after examined by the Committee appointed for that purpose the 24 th Instant were now in open Court called and their respective Depositions were read to them who did avow their said several Depositions and affirm what was so read unto them respectively was true upon the Oaths they had taken The Court being informed that Major Fox being of the Guard attending the Lord President is arrested and committed to the Keeper of Ludgate Ordered That the said Keeper do forthwith bring the said Major before this Court and attend this Court in person himself M. Holder being brought before this Court according to the Order of this Day and his Oath tendred unto him to give Evidence to such Matters as should be propounded unto him concerning the Charge against the King the said Mr. Holder desired to be spared from giving Evidence against the King Whereupon the Commissioners finding him already a Prisoner and perceiving that the Questions intended to be asked him tended to accuse himself thought fit to wave his Examination and remanded him and accordingly did so to the Prison from whence he was brought The Depositions taken ut supra are as followeth viz. Jan 25. 1648. William Cuthbert of Patrington in Holderness Gent. Aged 42 Years or thereabouts sworn and examined saith That he this Deponent living at Hull-Bridge near Beverley in July 1642. did then hear that Forces were raised about three thousand Foot for the Kings Guard under Sir Robert Strickland And this Deponent further saith That about the Second of July 1642. he saw a Troop of Horse come to Beverley being the Lords Day about four or five of the Clock in the Afternoon called The Princes Troop Mr. James Nelthorp being then Major of the said Town And this Deponent further saith That he did see that Afternoon the said Troop march from Beverley aforesaid into Holderness where they received Ammunition brought up by the River of Humber unto them And this Deponent further saith That the same Night being Sunday there came about three hundred Foot Soldiers said to be Sir Robert Strickland's Regiment under the Command of Lieutenant Col. Duncombe and called The King's Guard unto this Deponents House called Hull-Bridge near Beverley about Midnight and broke open entred and possessed themselves of the said House and that the E. of Newport the E. of Carnarvan and divers others came that night thither to the said Forces and that the same night as this Deponent was then informed Sir Tho. Gower then High Sheriff of the said County came thither and left there a Warrant for staying all Provisions from going to Hull to Sir John Hotham which said Warrant was then delivered to this Deponent being Constable by Lieut. Col. Duncombe And this Deponent further saith That he was by the said Forces put out of his House and did with his Family go to Beverley and that after that viz. the Thursday following to this Deponent's best remembrance he did see the King come to Beverley to the Lady Gees House there where he this Deponent did often see the King with Prince Charles and the Duke of York and that the Trained Bands were then raised in Holderness who were raised as was generally reported by the King's Command And this Deponent further saith That the Night after the said Forces had as aforesaid possessed themselves of this Deponent's House Col. Legard's House was Plundered by them being upon a Monday which aforesaid Entry of this Deponent's House was the first Act of Hostility that was committed in those Parts And this Deponent further saith That after the said Sir Robert Strickland's said Company was gone from Hull-Bridge having continued there about ten days there then came to the said House Col. Wivel with about seven hundred Foot Soldiers who then took up his Quarters at Hull-Bridge aforesaid And this Deponent further saith That the Warrant he now produceth to this Court is the same Original Warrant aforesaid spoken of And this Deponent further saith That the General 's Name of the said Forces that were there and raised as aforesaid was the E. of Lindsey and that this Deponent was brought before him the said General in the Name of The King's Lord General for holding Intelligence with Sir John Hotham then Governor of Hull and because it was then informed to the said General that he this Deponent had Provisions of Corn to send over unto Ireland which he this Deponent was forbidden by the said General to send unto Ireland or any place else without his or the King's Direction or Warrant first had in that behalf The aforesaid Warrant mentioned in the Deposition of the said William Cuthbert is as followeth It is His Majesties Command that you do not suffer any Victuals or Provision of what sort soever to be carried into the Town of Hull without His Majesties Special License first obtained And of this you are not to fail at your Peril Dated at
saw a Flagg flying upon the Tower of Nottingham Castle and that the next day afterwards he did see the King at Nottingham when the said Flagg was still flying which Flagg this Deponent then heard was the King's Standard He saith also That he did afterwards see the King at Cropredy-Bridge in the Head of his Army in a Fallow Field there and did see the King in pursuit of Sir William Waller's Army being then Routed which was about the Month of July 1644. And at that time this Deponent did see many People slain upon the Ground And further this Deponent saith That in or about the Month of Novemb. 1644. he did see the King at the last Fight at Newbury riding up and down the Field from Regiment to Regiment whilst his Army was there fighting with the Parliaments Forces and this Deponent did see many Men slain at that Battel on both sides Michael Potts of Sharpereton in the County of Northumberland Vintner Sworn and Examined deposeth That he this Deponent saw the King in the Head of the Army in the Fields about a Mile and a half from Newbury Town upon the Heath the day before the Fight was it being about Harvest-tide in the Year 1643. And he further saith That he saw the King on the day after when the Fight was standing near a great Piece of Ordnance in the Fields And he further saith That he saw the King in the second Newbury Fight in the Head of his Army being after or about Michaelmas 1644. And he further saith That he saw a great many Men slain at both the said Battels And he further saith That he saw the King in the Head of his Army near Cropredy-Bridge in the Year 1644. And he further saith That he saw the King in the Head of his Army in Cornwal near Lestithiel while the E. of Essex lay there with his Forces about the middle of Harvest 1644. George Cornwal of Aston in the County of Hereford Ferryman Aged fifty Years or thereabouts sworn and examined saith That he this Deponent did see the King near Cropredy-Bridge about the time of Mowing of Corn 1644. in the Van of the Army there and that he drew up his Army upon a Hill and faced the Parliaments Army and that there was thereupon a Skirmish between the King 's and the Parliaments Army where he this Deponent saw divers persons slain on both sides The Examination of Henry Gooche of Grayes-Inn in the County of Middlesex Gent. Sworn and Examined This Deponent saith That upon or about the Thirtieth day of September last he this Deponent was in the Isle of Wight and had Access unto and Discourse with the King by the means of the L. Marquess of Hartford and Commissary Morgan where this Deponent told the King that his Majesty had many Friends and that since his Majesty was pleased to justifie the Parliaments first taking up Arms the most of the Presbyterian Party both Soldiers and others would stick close to him To which the King answered thus That he would have all his old Friends know that though for the present he was contented to give the Parliament leave to call their own War what they pleased yet that he neither did at that time nor ever should decline the Justice of his own Cause And this Deponent told the King that his Business was much retarded and that neither Col. Thomas nor any other could proceed to Action through want of Commission The King answered That he being upon a Treaty would not dishonour himself but that if he this Deponent would take the pains to go over to the Prince his Son who had full Authority from him he the said Deponent or any for him should receive whatsoever Commissions should be desired and to that purpose he would appoint the Marquess of Hartford to write to his Son in his Name and was pleased to express much of Joy and Affection that his good Subjects would ingage themselves for his Restauration Robert Williams of the Parish of St. Martins in the County of Cornwal Husbandman Aged twenty three Years or thereabouts sworn and examined saith That he this Deponent did see the King marching in the Head of his Army about September 1644. a Mile from Lestithiel in Cornwal in Armor with a short Coat over it unbuttoned And this Deponent further saith That he saw him after that in St. Austell Downes drawing up his Army And this Deponent saith he did after that see the King in the Head of his Army near Foy and that the E. of Essex and his Army did then lie within one Mile and a half of the King's Army The Witnesses being Examined as aforesaid the Court Adjourned for an hour 25 Jan. 1648. post Merid. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Daniel Blagrave John Okey Henry Marten John Carew Thomas Horton Sir Michael Livesey Bar. Owen Roe Sir John Bourchier Kt. Thomas Scot. John Moore Oliver Crowwell William Goffe Richard Deane Cornelius Holland Thomas Harrison Robert Lilbourne John Downs Edmond Ludlow Peregr Pelham Sir Henry Mildmay John Jones Valentine Wauton Sir Gregory Norton Bar. Sir Thomas Maleverer Bar. Adrian Scroope Henry Smith Anthony Stapeley John Huson Sir William Constable Bar. John Barkstead Sir John Danvers Edward Whalley Thomas Waite William Purefoy Thomas Pride John Fry John Blackistone Sir Hardress Waller Knight John Venn Robert Tichbourne Humphrey Edwards Peter Temple Vincent Potter William Cawley Isaac Ewers Richard Price of London Scrivener was produced a Witness to the Charge against the King who being Sworn and Examined saith That upon occasion of some tampering by the King's Agents with the Independants in and about London to draw them from the Parliaments Cause to the King's Party and this being discovered by some of those so tampered with unto sundry Members of the Committee of Safety who directed a carrying on of a seeming Compliance with the King he this Deponent did travel to Oxford in January 1643. having a safe Conduct under the Kings Hand and Seal which he this Deponent knoweth to be so for that the King did own it when he was told that this Deponent was the man that came to Oxon with that safe Conduct And this Deponent also saith That after sundry Meetings between him and the E. of Bristol about the drawing of the Independents unto the King's Cause against the Parliament the Substance of the Discourse at which Meetings the said Earl told this Deponent was communicated to the King he this Deponent was by the said Earl brought to the King to confer further about that Business where the King declared That he was very sensible that the Independents had been the most active men in the Kingdom for the Parliament against him and thereupon perswaded this Deponent to use all means to expedite their turning to Him and his Cause And for their better encouragement the King promised in the Word of a King That if they the Independents would turn to him and
be active for him against the Parliament as they had been active for them against him then he would grant them whatsoever freedom they would desire And the King did then refer this Deponent unto the E. of Bristol for the further prosecuting of the said Business And the said Earl thereupon this Deponent being withdrawn from the King did declare unto this Deponent and willed him to inpart the same unto the Independents for their better encouragement That the King's Affairs prospered well in Ireland That the Irish Subjects had given the Rebels meaning the Parliaments Forces a great Defeat That the King had sent the Lord Byron with a small Party towards Cheshire and that he was greatly multiplied and had a considerable Army and was then before Namptwich and would be strengthened with more Soldiers out of Ireland which were come and expected dayly And when this Deponent was to depart out of Oxford four safe Conducts with Blanks in them for the inserting of what Names this Deponent pleased were delivered to him under the King's Hand and Seal and one Ogle was sent out of Oxon with this Deponent to treat about the Delivering up of Alisbury to the King it being then a Garrison for the Parliament and at the same time Oxford was a Garrison for the King Several Papers and Letters of the King 's under his own Hand and of his own Writing and other Papers are produced and read in open Court Mr. Thomas Challoner also reporteth several Papers and Letters of the Kings writing aud under the Kings own Hand After which the Court sate private The Court taking into Consideration the whole Matter in Charge against the King passed these Votes following as preparatory to the Sentence against the King but Ordered that they should not be binding finally to conclude the Court viz. Resolved upon the whole matter That this Court will Proceed to entence of Condemnation against Charles Stuart King of England Resolved c. That the Condemnation of the King shall be for a Tyrant Traitor and Murtherer That the Condemnation of the King shall be likewise for being a publique Enemy to the Common-wealth of England That this Condemnation shall extend to Death Memorandum The last aforementioned Commissioners were present at these Votes The Court being then moved concerning the Deposition and Deprivation of the King before and in Order to that part of his Sentence which concerned his Execution thought fit to defer the Consideration thereof to some other time and Ordered the Draught of a Sentence grounded upon the said Votes to be accordingly prepared by Mr. Scot Mr. Marten Col. Harrison Mr. Lisle Mr. Say Commissary Gen. Ireton and Mr. Love or any three of them with a Blank for the manner of his Death Ordered That the Members of this Court who are in and about London and are not now present be Summoned to attend the Service of this Court to morrow at One of the Clock in the Afternoon for whom Summons were issued forth accordingly The Court Adjourned it self till the Morrow at One of the Clock in the Afternoon Veneris 26 Jan. 1648. post Merid. Painted Chamber Three Proclamations The Court called Commissioners present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Thomas Pride Isaac Ewers Thomas Lord Grey of Groby Sir John Danvers Sir Henry Mildmay Kt. William Heveningham Henry Martin William Purefoy John Blakistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Dixwell Simon Meyne Peter Temple Thomas Wait. Cornelius Holland Thomas Scot. Francis Allen. Richard Deane John Okey John Huson John Carew John Jones Miles Corbet William Goffe Peregrine Pelham John Moore William Lord Mounson Humphrey Edwards Thomas Wogan Sir Gregory Norton John Dove John Venn William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond John Lisle Nicholas Love Augustine Garland George Fleetwood James Temple Daniel Blagrave John Browne Henry Smith John Berkstead Sir Thomas Maleverer Bar. Vincent Potter Here the Court sate private The Draught of a Sentence against the King is according to the Votes of the 25 th Instant prepared and after several Readings Debates and Amendments by the Court thereupon Resolved c. That this Court do agree to the Sentence now read That the said Sentence shall be ingrossed That the King be brought to Westminster to morrow to receive his Sentence The Court Adjourned it self till the Morrow at Ten of the Clock in the Morning to this Place the Court giving notice that they then intended to Adjourn from thence to Westminster-Hall Sabbati 27 Jan. 1648. Painted Chamber Three Proclamations being made The Court is thereupon called Commissioners present John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Henry Marten William Purefoy John Berkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Augustine Garland George Fleetwood James Temple Daniel Blagrave John Browne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore William Say John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scott Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Tho. Hamond John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple Thomas Waite The Sentence agreed on and ordered by this Court 26 Instant to be ingrossed being accordingly ingrossed was read Resolved That the Sentence now read shall be the Sentence of this Court for the Condemnation of the King which shall be Read and Published in Westminster-Hall this day The Court hereupon considered of certain Instructions for the Lord President to manage the Business of this day in Westminster-Hall and Ordered That the Lord President do manage what Discourse shall happen between him and the King according to his discretion with the advice of his two Assistants and that in case the King shall still persist in excepting against the Courts Jurisdiction to let him know that the Court do still affirm their Jurisdiction That in case the King shall submit to the Jurisdiction of the Court and pray a Copy of the Charge that then the Court do withdraw and advise That in case the King shall move any thing else worth the Courts Consideration that the Lord President upon Advice of his said Assistants do give Order for the Courts withdrawing to advise That in case the King shall not submit to Answer and there happen no such
in the said Charge set forth and that the said War hath been Levied maintained and continued by him as aforesaid in prosecution and for accomplishment of the said Designs And that he hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of High Treason and of the Murthers Rapines Burnings Spoils Desolations Dammage and Mischief to this Nation acted and committed in the said War and occasioned thereby For all which Treasons and Crimes this Court doth adjudge That he the said CHARLES STVART as a Tyrant Traytor Murtherer and Publick Enemy to the good People of this Nation shall be put to Death by the severing of his Head from his Body This Sentence being read the President spake as followeth The Sentence now Read and Published is the Act Sentence Judgment and Resolution of the whole Court Whereupon the whole Court stood up and owned it The Prisoner being withdrawn the Court Adjourned it self forthwith into the Painted Chamber The Court being sate in the Painted Chamber according to Adjournment from Westminster-Hall aforesaid Painted Chamber Commissioners present John Bradshaw Serjeant at Law Lord President John Lisle William Say Oliver Cromwell Henry Ireton Sir Hardress Waller Thomas Waite Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. John Downes Henry Marten John Berkstead Matthew Tomlinson Gilbert Millington John Blackistone Sir William Constable Bar. John Hutchinson Sir Michael Livesey Bar. John Dixwell James Temple Tho. Andrews Ald. of Lond. Anthony Stapeley Tho. Hamond Peter Temple Edmund Ludlow Robert Tichbourne Nicholas Love Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Simon Meyne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. John Venn Thomas Scott Edmund Harvey William Cawley Thomas Horton Augustine Garland Daniel Blagrave Sir Hardress Waller Col. Harrison Commissary Gen. Ireton Col. Deane and Col. Okey are appointed to consider of the Time and Place for the Execution of the Sentence against the King And then the Court Adjourned it self till Monday Morning at Eight of the Clock to this Place The more full Account of this Days Action take as follows The King being come in in his wonted Posture with his Hat on some of the Soldiers began to call for Justice Justice and Execution But Silence being Commanded His Majesty began I desire a Word to be heard a little and I hope I shall give no occasion of Interruption Bradshaw Sawcily Answered You may answer in your time Hear the Court first His Majesty patiently Replied If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgment Bradshaw Sir You shall be heard in due time but you are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir You shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir Shall I be heard before the Judgment be given Bradshaw Gentlemen It is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before this Court to make Answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England To which Charge being required to Answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the Highest Court that pointed them to Try and Judge him But being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit to answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any mans Wilfulness prevent Justice they have thought fit to take the Matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner And upon the whole Matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir Thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supream Authority of the Commons of England which this Court will not admit a Debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in Defence of your self concerning the Matter Charged the Court hath given me in command to let you know they will hear you King Since I see that you will not hear any thing of Debate concerning that which I confess I thought most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you That this many-a-day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honour And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for my self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that my true Zeal to my Countrey had not overborn the care that I have for my own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled And truly the self same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes me now at last desire That I having something to say that concerns both before Sentence be given that I may be heard in the Painted Chamber before the
Cotton's and thence to Whitehall the Soldiers continued tneir brutish Carriage toward him abusing all that seemed to shew any respect or even Pity to him not suffering him to rest in his Chamber but thrusting in and smoking their Tobacco and disturbing his Privacy But through all these Tryals unusual to Princes he passed with such a calm and even Temper that he let fall nothing unbeseeming his former Majesty and Magnanimity In the Evening a Member of the Army acquainted the Committee with his Majesties Desire That seeing they had passed a Sentence of Death upon him and his time might be nigh he might see his Children and Doctor Juxon Bishop of London might be admitted to assist him in his private Devotions and Receiving the Sacrament Both which at length were granted And the next day being Sunday He was attended by the Guard to S. James's where the Bishop Preached before Him upon these Words In the day when God shall judge the Secrets of all Men by Jesus Christ according to my Gospel HIS MAJESTIES SPEECH TO THE Lady ELIZABETH AND HENRY Duke of GLOVCESTER January 29. 1648 9. Of His Majesties Discourse to His Children there being Several Relations it is thought fit to represent the Several Copies I. A True Relation of the King's Speech to the Lady Elizabeth and the Duke of Gloucester the Day before his Death HIS Children being come to meet Him He first gave His Blessing to the Lady Elizabeth and bade her remember to tell her Brother James whenever she should see him that it was his Fathers last Desire that he should no more look upon Charles as his Eldest Brother only but be obedient unto him as his Sovereign And that they should love one another and forgive their Father's Enemies Then said the King to her Sweet-Heart You will forget this No said she I shall never forget it whilst I live and pouring forth abundance of Tears promised Him to write down the Particulars Then the King taking the D. of Gloucester upon His Knee said Sweet-Heart Now they will cut off thy Fathers Head upon which Words the Child looked very stedfastly upon Him Mark Child what I say They will cut off My Head and perhaps make Thee a King But mark what I say You must not be a King so long as Your Brothers Charles and James do live for they will cut off Your Brothers Heads when they can catch them and cut off Thy Head too at last and therefore I charge You do not be made a King by them At which the Child sighing said I will be torn in pieces first Which falling so unexpectedly from one so young it made the King rejoyce exceedingly II. Another Relation from the Lady Elizabeths own Hand WHat the King said to Me the 29 th of January 1648. Being the last time I had the happiness to see Him He told Me He was glad I was come and although He had not time to say much yet somewhat He had to say to me which He had not to another or leave in Writing because He feared their Cruelty was such as that they would not have permitted Him to write to me He wished me not to grieve and torment my self for Him for that would be a Glorious Death that He should die it being for the Laws and Liberties of this Land and for maintaining the True Protestant Religion He bid me read Bishop Andrews's Sermons Hooker's Ecclesiastical Polity and Bishop Laud's Book against Fisher which would ground me against Popery He told me He had forgiven all his Enemies and hoped God would forgive them also and commanded us and all the rest of my Brothers and Sisters to forgive them He bid me tell my Mother that His Thoughts had never strayed from her and that His Love should be the same to the last Withal He commanded me and my Brother to be obedient to Her and bid me send His Blessing to the rest of my Brothers and Sisters with Commendation to all His Friends So after He had given me His Blessing I took my Leave Further He commanded us all to forgive those People but never to trust them for they had been most false to Him and to those that gave them Power and He feared also to their own Souls And desired me not to grieve for Him for he should die a Martyr and that He doubted not but the Lord would settle His Throne upon His Son and that we should be all happier than we could have expected to have been if he had lived With many other things which at present I cannot remember III. Another Relation from the Lady Elizabeth THE King said to the Duke of Gloucester That he would say nothing to him but what was for the good of his Soul He told him that he heard the Army intended to make him King but it was a thing not for him to take upon him if he regarded the Welfare of his Soul for he had two Brothers before him and therefore commanded him upon his Blessing never to accept of it unless it redounded lawfully upon him and commanded him to fear the Lord and he would provide for him Painted Chamber Lunae 29 Jan. 1648. Three Proclamations made The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Richard Ingoldsby Tho. L. Grey of Groby Sir John Bourchier Kt. Henry Marten William Purefoy John Barkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. James Temple John Dixwell Peter Temple Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson William Goffe John Jones Francis Allen. Peregr Pelham John Anlaby William Say Henry Smith Humphrey Edwards John Venn Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter Augustine Garland Simon Meyne Daniel Blagrave Upon Report made from the Committee for considering the Time and Place of the Executing of the Judgment against the King that the said Committee have Resolved That the open Street before White-Hall is a fit Place and that the said Committee conceive it fit that the King be there Executed the Morrow the King having already Notice thereof The Court approved thereof and Ordered a Warrant to be drawn for that purpose which said Warrant was accordingly drawn and agreed unto and Ordered to be Engrossed which was done and Signed and Sealed accordingly as followeth viz. At the High Court of Justice for the Trying and Judging of CHARLES STVART King of England Jan. 29. 1648. WHereas CHARLES STVART King of England is and standeth Convicted Attainted and Condemned of High Treason and other High Crimes and Sentence upon Saturday last was Pronounced against him by this Court to be put to Death by the severing of his Head from his Body of which Sentence Execution yet remaineth to be done These are therefore
of the Clock declaring that from thence they intended to Adjourn to the same Place again But that the Reader may have the entire Relation of this deplorable Tragedy I have from the most Authentick Prints inserted at large the interlocutory Passages between the King and Bradshaw of which Mr. Phelpes in his Journal gives only a succinct Account which take as follows His Majesty with his wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the Pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved Countenance and sometimes smiling especially at those Words Tyrant Traytor and the like Also the Silver Head of his Staff happened to fall off at which he wondered and seeing none to take it up He stooped for it himself The Charge being read Bradshaw began Sir You have now heard your Charge read containing such Matters as appear in it You find that in the Close of it it is prayed to the Court in the behalf of the Commons of England that you Answer to your Charge The Court expects your Answer King I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer Story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much Publick Faith as its possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and Treated honestly and uprightly I cannot say but they did very Nobly with Me We were upon a Conclusion of the Treaty Now I would know by what Authority I mean Lawful There are many Vnlawful Authorities in the World Thieves and Robbers by the High-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what Lawful Authority I shall Answer Remember I am your King your Lawful King and what Sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one Sin to a greater Therefore let me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray my Trust I have a Trust committed to me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve me that and you shall hear more of me Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the Name of the People of England of which you are Elected King to Answer King No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand Years Therefore let me know by what Authority I am called hither I do stand more for the Liberty of my People than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will Answer it otherwise I will not answer it Bradshaw Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir You have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take Charge of you back again The Court desires to know whether this be all the Answer you will give or no. King Sir I desire that you would give me and all the World satisfaction in this Let me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and my Country and I will do it to the last breath of my Body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an Vsurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie me in that and I will answer otherwise I betray my Trust and the Liberties of the People And therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any other ways Vnlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive my Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their Purpose is to Adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work King For Answer Let me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in Your Apprehension We are satisfied that are your Judges King 'T is not My Apprehension nor Yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take him away His Majesty only replied Well Sir And at his going down pointing with his Staff toward the Axe He said I do not fear that As He went down the Stairs the People in the Hall cried out God save the King notwithstanding some were set there by the Faction to lead the Clamour for Justice Painted Chamber 22 Jan. 1648. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court William Say John Downs Edward Whaley