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A40615 The full proceedings of the High Court of Iustice against King Charles in Westminster Hall, on Saturday the 20 of January, 1648 together with the Kings reasons and speeches and his deportment on the scaffold before his execution / translated out of the Latine by J.C. ; hereunto is added a parallel of the late wars, being a relation of the five years Civill Wars of King Henry the 3d. with the event of that unnatural war, and by what means the kingdome was settled again. Charles I, King of England, 1600-1649, defendant.; Chamberlayne, Edward, 1616-1703. Present warre parallel'd.; J. C. 1654 (1654) Wing F2353; ESTC R23385 51,660 194

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to know his gracious pleasure what Fine he would demand of the whole City for their offences against him The King at length signified unto them that the summe of fifty thousand Marks should be their Fine Whereto the Londoners return this humble answer They had been of late by this unhappy War so exceeding impoverished that a summe so great as it was in those times could not possibly be raised amongst them wherfore they humbly beseeched his Princely compassion might be so far extended towards them as to require and accept according to their abilities At length after much suit and submission and a Fine of twenty thousand Marks the King received them to mercy and sent them under his great Seal a generall Pardon those onely excepted whose Estates were already bestowed granting and allowing that their former Charter ancient Priviledges should be restored unto them notwithstanding all the transgressions they are the words of the Pardon and Trespasses done to us to our Queen to our noble brother Richard King of Almain and the Prince our first begotten sonne And here was the first pacification betwixt the King and the Londoners for whom we say thus much That their foul Rebellion against their Soveraigne was not more detestable than their humble submission to their Soveraign was commendable And therefore in the Ordinance called Dictum de Kenelworth made for the settling of the Kingdome we find them notwithstanding all their disloyalty commended as shall be seen in the ensuing Story After the proud stomack of this City was brought down and all tumultuous spirits quelled the King calls his Parliament in festo sancti Edvardi Regis to Westminster wherein those that aided and assisted the Earl were all excepting the Londoners attainted and that all their Lands and Goods were forfeited But this sentence though it was lesse than they deserved yet was more than they would endure and therefore the fire that was not yet quencht but smothered breaks forth again Some flie into the Isle of Ely and fortifie that Some into the Isle of Axholm in Lincolnshire Another party possesse themselves of Killingworth Castle Another under the command of the Lord Ferrers in the Northern parts And amongst others one Adam Gurdon lived as an Outlaw in Hampshire a tum rarus aut nullus locus in Anglia fuit tutus eò quod terra erat vespilionibus plena Now scarce any place in England free from plunderers To reduce these to obedience the King undertakes Killingworth Castle The Prince was sent against Adam Gurdon Lord Edmond the Prince's brother against those in Axholm and Lord Henry King of Almains sonne against the Lord b Ferrers To the Rebells in Killingworth Castle the King sent first a gracious Message willing them to desist and to return to their obedience But they contrary to all Law of Arms contrary to natural civility cut off the Messengers hand and sent him back with an uncivil answer Then the King marcht to Killingworth and sate down before it upon Midsummer Eve During the siege which lasted six moneths Clerus populus convocantur duodecim eliguntur de potentioribus Procerum prudentioribus Praelatorum quibus datur potestas ordinandi super Statutum exhaeredatorum c. The Clergie and Laity are assembled and out of the chiefest of the Peerage and wisest of the Prelates were chosen twelve to whom power was given to pronounce sentence against the Rebels and to settle the Peace of the Kingdome they first taking an Oath de utilibus ordinandis to decree nothing but what should be for the good of the common weale Then the people take a solemn oath Quod dictum ipsorum inviolabiliter observarent that they would stand to their Decree which to this day by our Lawyers is called Dictum de Kenelworth a severe yet a good and wholsom course without effusion of blood to punish Rebellious Subjects The Decree was as followeth In nomine sanctae individuae Trinitatis Amen Ad honorem gloriam Omnipotentis Dei Patris filii Spiritus sancti c. Et ad honorem bonum prosperum pacificum statū Christianissimi I rincipis Domini Henrici Regis Angliae illustris totius Angliae Ecclesiae Nos Wilielmus c. In English thus In the name of the holy and individuall Trinity Amen For the honor and glory of Almighty God the Father Son and holy Ghost c. And for the honour prosperity and peace of the most Christian Prince our Soveraign Lord Henry the most Renowned King of England and of the whole Church of England We William Exon William Bath and Wells Henry Worcester and T. S. Davids Bishops Gilbert de Clare Earl of Glocester Humphrey Earl of Hereford Philip Basset John Bailof Robert Wallop Alan de la Souch Roger de Somerie and Warren de Basinghorn providing for the welfare of the Land c have thought fit to order as followeth 1. That the rebels be not wholly deprived of their estates but shall have liberty to redeem their lands by Fines in manner following 1. That those that were in the fight at Chester-field against our Soveraign Lord the King Item All those that by force of arms impiously kept Northampton against the King Item Those that gave the King battel at Lewes Item Those that were taken prisoners at Kenelworth Item Those that came to pillage Winchester or were elsewhere against the King whom the King hath not pardoned Item Those that gave the King battel at Evesham Item All those that freely and voluntarily and without any compulsion have contributed to the War against the K. or Prince Item The Officers and servants of the Earl of Leicester that pillaged their neighbours or were the cause of any murders firings or other enormities that all these be fined five years Revenues of all their Estates respectively and that if they pay down their Fines presently they may enjoy their Lands presently but if the land must be sold for the payment of the Fine he on whom the King bestowed it shall have the refusal if he will give as much as any other And if the originall owner will pay down the whole Fine he shall have the whole Land and likewise if he will pay the moity or third part he shall have the moity or thirds of the Land And if at the end and term appointed the owner doth not pay for the other moity it shall be clearly theirs on whom the King was pleased to bestow it And assoon as any one hath paid down his whole Fine such shall have liberty to let or set or sell his land within the prefixed time Those that have Woods and would willingly make sale of them for the payment of their Fines He on whom the King bestowed and the originall owner shall have each one his Bailiffe to see it sold and those two Bailiffes shall as fast as the money is made pay it to whom the Fine
William Gray Ol. Cromwell L. G. Comissary Gen. Ireton Sir Hardres Waller Colonel Harrison Colonel Haley Colonel Pride Col. Ewer Lord Gray of Groby Sir John Danvers S. Thomas Malleneret Sir John Bourchier William Heavningham Alderman Pennington Henry Martin Col. Purefoy Col. Berkstead Col. Thomlinson Mr. Blakston Mr. Millington Sir Gregory Norton Col. Harvey Col. Ven. Mr. Scot Alderman Andrews Mr. Cawley Mr. Burrel Col. Stapeley Col. Domnes Mr. Norton L.S. Hammon Mr. Love Mr. Potter Mr. Garland Sir William Constable Col. Ludlow Col. Hutchinson Sir Miles Livesey Mr. Dixwell Colonel Fleetwood of Bucks. Mr. Main Jacob Temple Mr. Blagrave Col. White Col. Titchburn Col. Rout. Col. Scroop Col. Lilburn Col. Dean Col. Okey Col. Hewsen L. Col. Goff Cornelius Holland Mr. Carew John Joanes Miles Corbet Mr. Allen Peregrine Pelham Col. Moors Mr. Eldicer Mr. Smith Mr. Edwards Mr. Clement Col. Wogan c. His Majesties Reasons Against the pretended Jurisdiction of the High Court of Justice which he had intended to have given there on Monday Jan. 22. 1649. Faithfully transcribed from the originall Copy of the King SInce I have already made my Protestation not onely against the illegality of this pretended Court but that no power on earth can justly call me who am your King into question as a Delinquent I would no longer have opened my mouth on this Argument but have referred my self to those things which I then spoke if this onely concerned my own particular But the duty which I ow to God to preserve the true liberty of my people doth not permit me at this time I should be silent for how can any free born Subject of England call his life or any thing he doth possess his own if power without law can daily make new and abrogate the old and Fundamental Laws of this Land which I judge to be the present case Wherefore when I was brought hither I expected that you would have studied to satisfy me in these Fundamentalls which do hinder me from putting in my Answer to the pretended charge but since I do observe that nothing which I can alledge can perswade you to it although negatives are not so naturally proved as affirmatives yet I have thought good to declare unto you the Reasons for which I am confident you are not in a capacity to judge me nor the vilest man in England for without showing my Reasons I will not as you be so unreasonably importunate as to exact either belief or obedience from my Subjects Here was I restrained and not suffered to speak any more of Reasons there is no just processe against any man which deriveth not its authority either from the Law of God or from the municipall Laws of the Land Now I am most sure that the Processe at this day made against me cannot be confirmed by the law of God for on the contrary the necessity of obedience is clearly confirmed and streightly commanded in the old and new Testament which if it be denyed I am prepared presently to prove it and as for the question now in agitation it is said there Where the word of a King is there is power and who can say unto him what doest thou Eccles. 8. v. 4. Then as to the laws of the land I am as confident that no learned lawyer will affirm that any charge can be brought against the King since they all go forth under his name and it is one of their axioms that the King can not do an injury Moreover the law on which you do ground your processe is either old or new if it be old shew that law unto me if it be new tell me what Authority established by the Fundamentall laws of this land did give it birth and when but how the House of Commons can erect a Tribunall of Justice which was never one it self as all lawyers will confesse with me I leave it to God and to the world to judge and it will seem most strange to any who ever have heard of the laws of England how they can pretend to make laws without either the King or the House of Peeres Neverthelesse it be admitted but not granted that a commission from the people of England is able to confirm your pretended power yet I see nothing that you can show for it for I am confident that you never asked that questiō of the 10th man in the kingdom in this method you do a most apparent injury even to the poorest ploughman if you ask not his consent neither can you pretend any colour to this your pretended Commission if you have not the concurring voyces of at least the greatest part of this Nation of every degree and quality which you are so far from obtaining that I am confident you never so much as sought it You see then that I do not onely speak for my own Right as I am your King but also for the true liberty of all my subjects which consisteth not in dividing the power of Government but in living under such laws and such a Government as may grant them the best security of their lives and the propriety of their goods In this I ought not to be forgetfull neither do I forget the priviledges of both Houses of parliament which these proceedings do not onely violate but give an occasion of the greatest breaking of the publick faith and such I believe as the like was never heard of before with which I will not at all charge both Houses for the pretended crimes which they impose upon me are far before the Treaty at Newport in which when I assented to and did conclude as much as possibly lay in my power and did justly expect the assent of both Houses I was suddenly taken from thence and carried away as a prisoner and against my will I was hurried hither and since I came to this court I cannot with all my Indeavours defend the ancient laws and liberties of this Kingdome together with my just priviledges and as much as I can possibly discern the upper House which is the House of Lords is totally excluded And as for the House of Commons it is too much known that the greater part of them are either imprisoned or affrighted from sitting so that if I had no other Cause this was sufficient enough to make me to protest against the authority of your pretended tribunall Besides all these things the peace of the Kingdome is not the least part of my cares and what hope can there be of establishing it as long as power reigneth without the Rule of the Law changing the whole frame of the Government under which this Kingdome hath flourished these many ages neither will I speak what is likely to follow if these unlawfull proceedings shall yet continue against me for I believe the Commons of England will give you no thanks for this change especially when they shall call into their minds how happily they heretofore have lived in the Reigns of Queen Elisabeth and of the