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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
against the said Charls Stuart and also of replying to the Answers which the said Charls Stuart shall make to the Premises or any of them or any other Charge that shall be so Exhibited doth for the said Treasons and Crimes on the behalf of the said People of England Impeach the said CHARLS STUART as a Tyrant Traytor Murtherer and a publike and Implacable Enemy to the Common-wealth of England And pray That the said CHARLS STUART King of England may be put to answer All and Every the Premises That such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had or shall be agreeable to Justice IT is observed that the time the Charge was reading the King sate down in his Chair looking sometimes on the Court sometimes up to the Galleries and having risen again and turned about to behold the Guards and Spectators sate down looking very sternly with a countenance not at all moved till these words viz. Charls Stuart to be a Tyrant and Traytor c. were read at which he laughed as he sate in the face of the Court. The Charge being read the Lord President replyed Lord President Sir you have now heard your Charge read containing such matter as appears in it you finde 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 The 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 then 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 publique faith as it 's possible to be had of any people in the world I treated there with a number of Honorable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Theeves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carryed from place to place and I know not what and when I know 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 Lord President If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are Elected King to answer them The King No Sir I deny that Lord President If you acknowledg not the Authority of the Court they must proceed The King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for neer these thousand years therefore let me know by what Authority I am called hither I do stand more for the Liberty of my People then 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 Lord President Sir how really you have managed your Trust is known your way of answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice The King Here is a Gentleman Lievt 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 wil stand as much for the priviledg of the house of Cōmons 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 publike 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 Lord President Sir You have propounded a Question and have been answered seeing you will not answer the Court will consider how to proceed in the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. The 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 ow 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 a usurped Authority that will not last long There is a God in Heaven that will call you and all that give you Power to account Satisfie me in that and I will answer otherwise I betray my Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a sin to withstand lawful Authority as it is to submit to a Tyrannical or any other ways unlawful Authority and therefore satisfie God and me and all the world in that and you shall receive my Answer I am not afraid of the Bill Lord President The Court expects you should give them a final Answer their purpose is to adjourn till Monday next if you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon Gods Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work The King Let me tell you if you will shew me what lawful Authority you have I shall be satisfied But that you have said satisfies no reasonable man Lord Presid That 's in your apprehension we think it reasonable that are your Judges The King 'T is not my apprehension nor yours neither that ought to decide it Lord Presid The Court hath heard you and you are to be disposed of as they have commanded Two things were remarkable in this days Proceedings 1. It is to be observed That as the Charge was reading against the
King the silver head of his staff fell off the which he wondred at and seeing none to take it up he stoops for it himself 2. That as the King was going away he looked with a very austere countenance upon the Court with stirring of his Hat replyed Well Sir when the Lord President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his Staff at the Sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O Yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the painted Chamber and from thence to the same place again in Westminster Hall At the high Court of Justice sitting in Westminster Hall Munday January 22. 1648. O Yes made Silence commanded The Court called and answered to their names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of the Guard to fetch and take into his custody those who make any disturbance Mr Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of high Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord He was not then pleased to give an Answer but instead of answering did there dispute the Authority of this high Court My humble Motion to this high Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do That the matter of Charge may be taken pro confesso and the Court may proceed according to justice Lord President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered That it was by authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into Consideration what you then said they are fully satisfied with their own authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Kingdom to be made good against you their authority they do avow to the whole world that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto The KING When I was here last 't is very true I made that Question and truly if it were only my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedom and the Liberty of the People of England and do you pretend what you will I stand more for their Liberties For if Power without Law may make Laws may alter the fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it All proceedings against any man whatsoever Lord President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctual and direct Answer whether you will answer your Charge or no and what your Answer is The KING Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more then you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That that Reason that I have as thus informed I cannot yield unto it Lord President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these that have given to that Law according to which you should have ruled and raigned Sir you are not to dispute our Authority you are told it again by the Court. Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly The KING I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceeding as legal and
Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sense of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the story tels us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him to give him his pardon thou shalt not die but the child shal die thou hast given cause to the enemies of God to blaspheme King I would desire onely one word before you give sentence and that is That you would hear me concerning those great imputations that you have layd to my charge Lord Presid Sir You must give me now leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear me a few words to you for truly what ever Sentence you will put upon me in respect of those heavy imputations that I see by your speech you have put upon me Sir It is very true that Lord Pres Sir I must put you in minde Truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon us as a sort of people met together and we know what language we receive from your party King I know nothing of that Lord Pres You dis-avow us as a Court and therefore for you to address your self to us not to acknowledg us as a Court to judg of what you say it is not to be permitted and the truth is all along from the first time you were pleased to dis-avow and dis-own us the Court needed not to have heard you one word For unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much liberty already and admitted of too much delay and we may not admit of any farther were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous charges that in whole or in part are layd upon you But Sir I shall trouble you no longer your sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration of it and they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at least-wise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes we are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty what sentence the Law affirms to a Traytor Tyrant a Murtherer and a publike Enemy to the Country that sentence you are now to hear read unto you and that is the sentence of the Court. The Lord President commands the sentence to be read Make an O yes and command silence while the sentence is read O yes made Silence commanded The Clerk read the sentence which was drawn up in parchment Where as the Commons of England in Parliament had appointed them an High Court of Justice for the trying of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the behalf of the Kingdom of England c. Here the Clerk read the Charge Which Charge being read unto him as aforesaid he the said Charls Stuart was required to give his Answer but he refused so to do and so exprest the several passages at his Tryal in refusing to answer For all which Treasons and Crimes this Court doth adjudg That the said Charls Stuart as a Tyrant Traytor Murtherer and a publique Enemy shall be put to Death by the severing his Head from his Body After the sentence read the Lord President said This sentence now read and published it is the act sentence judgment and resolution of the whole Court Here the Court stood up as assenting to what the President said King Will you hear me a word Sir Lord Pres Sir you are not to be heard after the sentence King No Sir Lord Presid No Sir by your favor Sir Guard withdraw your Prisoner King I may speak after the sentence By your favor Sir I may speak after the sentence ever By your favor hold the sentence Sir I say Sir I do I am not suffered for to speak expect what Justice other people will have O Yes All maner of persons that have any thing else to do are to depart at this time and to give their attendance in the painted Chamber to which place this Court doth forthwith adjourn it self Then the Court rose and the King went with his Guard to Sir Robert Cottons and from thence to Whitehall King Charls HIS SPEECH Made upon the SCAFFOLD at Whitehall-Gate immediately before his Execution Tuesday January 30. ABout ten in the Morning the King was brought from St. James's walking on foot through the Park with a Regiment of Foot part before and part behinde him with Colours flying Drums beating his private guard of Partizans with some of his Gentlemen before and some behinde bare-headed Dr Juxon next behinde him and Colonel Thomlinson who had the charge of him talking with the King bare-headed from the Park up the stairs into the Gallery and so into the Cabinet-Chamber where he used to lie where he continued at his Devotion refusing to dine having before taken the Sacrament onely about an hour before he came forth he drank a glass of Claret wine and eat a piece of bread about twelve at noon From thence he was accompanyed by Dr. Juxon Colonel Thomlinson and other Officers formerly appointed to attend him and the private guard of Partizans with Musketiers on each side through the Banqueting-house adjoyning to which the Scaffold was erected between Whitehall-Gate and the G 〈…〉 ding into the Gallery from S. James's