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

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King Charls HIS TRYAL AT THE High Court of Justice sitting in Westminster Hall Begun on Saturday Jan 20. Ended Jan. 27. 1648. Also His Majesties SPEECH On the SCAFFOLD Immediately before his Execution On Tuesday Ian. 30. Together with the Several SPEECHES OF Duke HAMILTON the Earl of HOLLAND and the Lord CAPEL Immediately before their EXECUTION On Friday March 9. 1649. The Second Edition much enlarged and faithfully Corrected LONDON Printed by J. M. for Pet●● Cole Francis Tyton and John Playford 1650. King Charls HIS TRYAL AT THE High Court of Justice sitting in Westminster Hall Begun on Saturday January 20. and ended Saturday Jan. 27. 1648. A List of the Names of the Judges and Officers of the High Court of Justice appointed by an Act of the Commons of England in Parliament assembled for the Tryal of the King THomas Lord Fairfax General Oliver Cromwel Lievt General Henry Ireton Commissary General Philip Skippon Major General Sir Hardress Waller Colonel Colonel Valentine Walton Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewers Col. Richard Ingolsby Col. Richard Dean Col. John Okey Col. Robert Overton Col. John Harrison Col. John Desborough Col. William Goff Col. Robert Duckenfield Col. Rowland Wilson Col. Henry Marten Col. William Purefoy Col. Godfrey Bosvil Col. Harbottle Morley Col. John Berkstead Col. Matthew Tomlinson Col. John Lambert Col. Edward Ludlow Col. John Hutchingson Col. Robert Titchburn Col. Owen Roe Col. Robert Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Alg Sidney Col. John Moore Col. Francis Lassels Col. Alexander Rigby Col. Edm Harvey Col. John Venn Col. Anthony Stapley Col. Thomas Horton Col. Thomas Hammond Col. George Fenwick Col. George Fleetwood Col. James Temple Col. Thomas Wayt. Sir Henry Mildway Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Munson Sir John Danvers Sir Thomas Maleverer Sir John Bowcher Sir James Harrington Sir William Br●reton Robert Wallop Esquire William Henningham Esquire Isaac Pennington Alderman Thomas Atkins Alderman Sir Peter Wentworth Thomas Trencher● Esquire John Blackstone Esquire Gilbert Millington Esq Sir William Constable Sir Arthur Haslerig Sir Michael Livessey Richard Saloway Esq Humphrey Saloway Esq Cornelius Holland Esq John Carne Esq Sir William Armine John Jones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Peregrin Pelham Esq John Gourdon Esq Francis Thorp Esq Serjeant at Law John Nutt Esq Thomas Challoner Esq John Anlaby Esq Richard Darley Esq William Say Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthorp Esq Sir William Roberts Henry Smith Esq Edmond Wilde Esq Iames Challener Esquire Iosias Barns Esq Dennis Bond Esq Humph Edwards Esq Gregory Clement Esq Iohn Fray Esq Thomas Wogan Esq Sir Gregory Norton Iohn Bradshaw Esq Serjeant at Law Iohn Dove Esq Iohn Foulks Alderman Thomas Scot Alderman Thomas Andrews Alderman William Cawley Esq Abraham Burrel Esq Roger Gratwick Esq Iohn Downes Esq Robert Nichols Esq Serjeant at Law Vincent Potter Esq Sir Gilbert Pickering Iohn Weaver Esquire Iohn Lenthal Esquire Robert Reynolds Esquire Iohn Lisle Esquire Nicholas Love Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Eq Thomas Boone Esq Augustine Garland Esquire Augustine Skinner Esq John Dickswel Esq Simon Mayne Esq John Brown Esq John Lowrey Esq John Bradshaw Esq Serjeant at Law Lord President of the Court. Counsellors assistant to the Court and to draw up the Charge against the King are Doctor Dorislow Mr Ask. Mr Steel Attorney General Mr Cook Solicitor General Clerks to the Court. Mr Broughton Mr Phelps Officers of the Court. Serjeant Danby Serjeant at Arms and Mace-Bearer Col. John Humphrey Sword-Bearer Mr King Cryer of the Court. The Messengers and Door-Keepers with Tip-Staves Mr Walford Mr Radley Mr Payn Mr Powel Mr Hull The manner of the Tryal of CHARLES STUART King of England in the great Hall in Westminster ON Saturday being the 20. day of January 1648. The Lord President of the High Court of Justice with neer fourscore of the Members of the said Court having sixteen Gentlemen with Partizans and a Sword and a Mace with their and other Officers of the said Court marching before them came to the place ordered to be prepared for their sitting at the West end of the great Hall at Westminster where the Lord President in a Crimsion Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimsion Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus sate and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and silence again ordered This done Colonel Thomlinson who had the charge of the Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being other Gentlemen to whose care and custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court The Sergeant at Arms with his Mace receives and conducts him streight to the Bar having a Crimsion 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 not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLS STVART KING of England was read over by the Clerk of the Court who sate on one side of a Table covered with a rich Turky Carpet and placed at the feet of the said Lord President upon which table was also laid the Sword and Mace After reading the said Act the several names of the Commissioners were called over every one who was present being 80. as aforesaid rising up and answering to his Call Having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said Lord President CHARLES STVART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves They have resolved to bring you to Tryal and Judgement and for that purpose have constituted
I do demand that and demand to be heard with my Reasons if you deny that you deny Reason Lord President Sir you have offered something to the Court I shall speak something unto you the sence of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one president Lord President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction The King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Lord President Sir You are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read as followeth CHARLS STUART King of England You have been accused on the behalf of the People of England of high Treason and other high Crimes the Court have determined that you ought to answer the same The King I will answer the same so soon as I know by what Authority you do this Lord President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again The King I do require that I may give in my Reasons why I do not answer and give me time for that Lord President Sir 'T is not for Prisoners to require The King Prisoners Sir I am not an ordinary Prisoner Lord President The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction if you will not answer we shall give order to record your default The King You never heard my Reasons yet Lord President Sir Your Reasons are not to be heard against the highest Jurisdiction The King Shew me that Jurisdiction where Reason is not to be heard Lord President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final determination The King Shew me where ever the House of Commons was a Court of Judicature of that kind Lord President Serjeant Take away the Prisoner The King Well Sir Remember that the King is not suffered to give in his Reasons for the Liberty and Feeedom of all his Subjects Lord President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the People let all England and the world judg The King Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended my self with Arms I never took up Arms against the People but for the Laws Lord President The Command of the Court must be obeyed no answer will be given to the Charge The King Well Sir Then the Lord President ordered the default to be recorded and the contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cottons house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock and from thence they intend to adjourn to Westminster Hall at which time all persons concerned are to give their attendance At the high Court of Justice sitting in Westminster Hall Tuesday Ianuary 23. 1648. O Yes made Silence commanded The Court called Seventy three persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this high Court the prisoner hath been brought to the Bar before any issue joyned in the cause My Lord I did at the first Court exhibite a Charge against him containing the highest Treason this ever was wrought upon the Theatre of England That a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But my Lord instead of making any answer he did then dispute the Authority of this High Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it but my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord Besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite Confession it may be taken pro confesso as it hath been done to those who have deserved more favor then the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole Fact The House of Commons the supream Authority and Jurisdiction of the Kingdom they have Declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clear as chrystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in it have notwithstanding on the People of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray That speedy JUDGMENT be pronounced against the Prisoner at the Bar. Lord President Sir You have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you