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 London Printed for William Shears at the Bible in St. Pauls Church-yard 1654. The First Dayes Proceeding of the High Court of Justice c. THe Triall and the Execution of the last King of England being still as much the wonder as the discourse of Christendome I shall indeavour to represent it to you with the exactest faithfulness that can possibly be desired and although others have gone before me on the same subject by the benefit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunal of Justice sitting at Whitehall in Westminster Serjeant Bradshaw being President and about seventy other persons elected to be his Judges being present the Cryer of the Court having Proclaimed his Oyes to invite the people to attention silence was commanded and the Ordinance of the Commons in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof arising as they were called The King came into the Court his head covered Serjeant Dendy being remarkable by the Authority of his Mace did Usher him in Colonel Hatcher and about thirty Officers and Gentlemen did attend him as his Guard The Court being sat the Lord President Bradshaw spake thus unto him Charls Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happened to this Nation and of the innocent bloud spilt of which you are accused to be the Author have both according to their office which they ow unto God this Nation and themselves according to the power and fundamentall faith intrusted with them by the people Constituted this supream Court of Justice before which you are now brought to hear your Charge on which this Court will proceed Mr. Cook the Sollicitor Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charls Stuart here present as guilty of Treason and other great defaults and in the name of the Commons of England I require that his charge may be read unto him The King Stay a little L. President Sir The Court hath given order that the Charge shall be read If you have any thing afterwards to plead for your self you may be heard Hereupon the Charge was read THat the said Charls Stuart being admitted King of England and therein trusted with a limitted Power to govern by and according to the laws of the Land 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 neverthelesse out of a wicked Designe to erect and uphold in himself an unlimitted 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 therof and of all redress and remedy of misgovernment which by the fundamental constitutions of this kingdome were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charls Stuart for accomplishment of such his designes and for the protecting of himself and his adherents in his and their wicked practises to the same ends hath traiterously and maliciously leavied war against the present parliament and the people therein represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred fourty and two at Beverly in the County of York and upon or about the 30th day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the town of Nottingham when and where he set up his Standard of war And also on or about the twenty third day of October in the same year at Edg-hill and Keinton-field in the Coun-of Warwick and upon or about the thirtieth day of November in the same year at Brainchford in the County of Middlesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred fourty and three at Cavesham-bridge neer Reding in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Glocester 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 one and thirtieth day of July in the year of our Lord One thousand six hundred fourty four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbery aforesaid And upon or about the eighth day of June in the year of our Lord One thousand six hundred fourty and five at the Town of Leicester And also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which severall times and places or most of them and at many other places in the land at severall other times within the years aforementioned And in the year of our Lord One thousand six hundred fourty and six he the said Charls Stuart hath caused and procured many thousands of the Free-people of the Nation to be slain and by Divisions parties and insurrections within this land by invasions from Forraign parts endevoured and procured by him and by many other evill wayes and means He the said Charls Stuart hath not onely maintained and carried on the said War both by land and sea during the year before mentioned but also hath renewed or caused to be renewed the said war against the Parliament and good people of this Nation in this present year One thousand six hundred fourty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other Counties places in England Wales and also by sea and particularly he the said Charls Stuart hath for that purpose given Commission to his Son the prince and others whereby besides multitudes of other persons many such as were by the parliament intrusted and imployed for the safety of the nation being by him and his agents corrupted to the betraying of
a fine according as his Majesty shall impose upon them c. 19. That all such as are acquitted so it be by those that have authority to acquit them remain and stand in such a condition as they are put into and that all that have paid their Fines shall not be responsible for dammages and trespasses committed by them upon those against whom they fought in the time of the late troubles but that all dammages and trespasses be forgiven on both sides provided that the Church may have her dues 20. That because it may be of dangerous consequence that any Castles should remain in the power of those who were in actuall Rebellion against the King We therefore decree and ordain that for the Castles of Hardley Bytham and Chertley there be given a reasonable exchange 21. As for the Earl Simon Monfort his Countesse and his sons we decree nothing because our Soveraign Lord the King hath referred them and their offences to the King of France 22. As for the City of London taking notice it seems of their humble Submission we commend it and do make this motion to our Soveraign Lord the King that by the advise of his Privy Councel he take order for reforming the state of the City and settle their Lands Revenues Buildings and Liberties and that this Order be presently debated 23. For the L Ferrers we decree that he be fined seven years revenues of all his estate 24. That all that now keep Killingworth Castle be pardoned except Henry Hastings and those that had any hand in cutting off the Kings Messengers hand all which shall be Fined seven years revenues of all their estates or else submit themselves to the Kings mercy 25. That all men whatsoever endeavour to keep the peace of the Kingdome that none presume to commit any outrages firings murders robberies or by any other means break the Peace Which if any shall be so hardy as not to observe and be thereof lawfully convicted let him have sentence according to the Laws of the Land 26. Item That all whom it may concern take their oaths upon the holy Gospel of God that they will never take any revenge be accessory or consenting to take any revenge nor will suffer as much as in them lies that any revenge should be taken against any one for any injury suffered in the late times of trouble and if any one shall presume to revenge himself We decree that punishment be inflicted upon him in the Kings Bench Court 27. That the Holy Church receive full satisfaction from those that have injured her 28. But if there be any that will not submit to this Ordinance or refuse to be tryed by their Peers before our Soveraign Lord the King let them forfeit their estates for ever And if there be any that have gotten possession of the Rebels Lands and were himself a Rebel he is thereby uncapable of challenging any right to the Land or to have any title to the fine by the Kings Majesties gift 29. Whosoever will not submit to this Ordinance let him be accounted a profest enemy to our Soveraign Lord the King and to his sons and to the whole Realm and let all the Laity and Clergie as far as the Canon Laws and Common Laws will reach prosecute such an one as an enemy to the Peace of Church and State 30. Lastly that all those that are imprisoned or any way debarred of their liberty upon reasonable and competent security shall have their inlargement by putting in Sureties or such other way as the King hath allowed Dated and set forth from the Camp before Kenelworth the last day of September * in the year of our Lord God 1266. and of the Reign of the most renowned King Henry the third 51. Thus endeth that famous Ordinance called to this day Dictum de Kenelworth wherein are comprised the wisest rules that the wisest men of those times could possibly devise to uphold compose and recover a tottering distracted dying Kingdome About two Moneths after the publication of this Ordinance viz. upon Saint Thomas Eve the Castle was delivered up upon conditions too good for those that had so barbarously used the Kings Messenger contemned the King and impoverished the Countrey to march away with their goods to undergo no Fine for taking up arms This Castle had the K. bestowed upon the Earl of Leicester in frank marriage with his sister Aelionor but when the Earl by his Rebellion had forfeited and the King had now won it he gave it to his own son Edmund Earl of Lancaster who by this time had reduced the Isle of Axholm and all those rude ignorant people that flockt thither pillaging and plundering the Kings friends round about The Prince also met with Adam Gurdon a famous sturdy Rebell that lay lurking in Aulton Wood in Hamshire robbing and spoiling the adjacent parts praeoipuè terras eorum qui parti Regiae adhaerebant the Prince upon his approach hearing of his valour sent him a challenge for a single Combate Gurdon accepts it and performed it so Gallantly that the Prince assured him of his life and estate if he would submit which he did and was received into great favour with the Prince but divers of his men were there executed But now the Isle of Ely was strongly fortified by a great multitude got together that refused to submit to the Ordinance of Kenelworth Upon the naturall strength of this Isle and the plenty of all provision therein seditious Rebels have often presumed and from hence have molested more Kings than one as they did now the neighbouring Counties robbing and pillaging Norfolk Suffolk and Cambridgeshire plundering the City of Norwich and carrying away the richest Citizens made them redeem themselves at length a Message was sent unto them requiring them to submit to the Ordinance of Killingworth to leave off robbing their fellow Subjects and to return to their allegeance Hereto they return this insolent answer that they had taken up arms to defend the good of Church and State and therefore ought to be restored to their lands without paying any Fine In brief they require Hostages into the Island and that they might hold it five years peaceably till they saw how the King would perform his promises perfidious Subjects ever suspect their Princes fidelity which high insolency of theirs unheard of till our times so exasperates the King that he resolves to try the utmost to reduce them to their obedience for that purpose marches with a mighty army against them the Prince also joyns with a considerable power after many assaults at length after they had held it above two years by the help of new made bridges and boats they stormed it on every side that they were forced to yield And now men thought that the fire was quite out But there were yet some live embers which the Earl of Glocester upon some distast blowing suddenly flamed out again in London where the Commons of
man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceedings of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appear a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunal of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law reason although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England then you are and if I should believe any man without he gives me Reasons for what he saith It would be absurd but I say unto you that the Reason which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you speak of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you to dispute against our Authority This again hath been told you by the Court Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Processe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir It is not lawfull for you or any man else to dispute against this Subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunal If you shall yet do it I must intimate unto you that they are above objections They sit here by Authority of the Commons of England and all your Predecessors and you your self are bound to be accountable to them King I deny that shew me one example L. President Sir you ought not to interrupt but attend whilest the Court speaks unto you This Subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of Judicature and I would fain know how they came to be made so now President Sir It is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charls Stuart King of England you have been accused in the Name of the People of England of High Treason and other grievous Crimes The Court hath determined that you shall answer to your Charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speak Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir It is not for prisonners to demand King Prisonners Sir I am no ordinary prisonner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supream Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir We shew it you here the Commons of England the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisonner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his Subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the Laws and the Liberties of the people let England and all the world judge King Sir By your leave I have alwayes loved the Liberty the Immunities and Laws of the subjects If I have defended my self by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what houre they intended to adjourn again to Westminster-hall where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Generall turning to the Lord President spake in these words May it please your Lordship 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 and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do and had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannicall Government and set up his Standard of Warre against his Parliament and his 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 his charge But my Lord instead of making an answer he did then dispute the Authority of this Tribunal and your Lordship being pleased to give him a further day to put in his answer which was yesterday I did move again that he might be required to put in a direct and positive answer to his charge either by
denying or confessing it but he was then pleased to debate the Jurisdiction of the Court although he was commanded to give a positive answer My Lord by reason of this great delay of Justice I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land that if a prisoner shall stand in contempt not plead guilty or not guilty to the charge given against him it by an implicite confession ought to be taken pro confesso as I may instance in divers who have deserved more favor than the prisoner at the Bar hath done But I shall presse upon the whole fact The House of Commons the Supream Authority of the Kingdome have declared my Lord that it is notorious The matter of the charge is true and clear as chrystall or as the Sun that shineth at Noon day in which my Lord President if your Lordship and the Court be not satisfied I have severall witnesses on the behalf of the people of England to produce and therefore I do humbly pray and not so much I as the innocent blood that hath been shed the cry whereof is great for Justice and Judgement that speedy judgement may be pronounced against the prisoner at the Bar. President Sir you have heard what hath been moved by Mr. Sollicitor on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget the delayes which you have made You have been pleased to propound some Questions and amply you have had your resolution on them you have been often told that the Court did affirm their own Jurisdiction and that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did deport your self in that manner that you gave no obedience nor did acknowledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice Sir the Court gives you to understand that they are very sensible of these demurres and that being thus authorised by the High Court of England they ought not to be trifled withall especially seeing if they please they may take advantage of these delayes and according to the rules of Justice proceed and pronounce Judgement against you Neverthelesse they are so favourable as to give directions to me and therefore on their behalf I do require you to make a positive answer to this charge that hath been read against you Justice knows no respect of persons You are to give your positive and final Answer in plain English whether guilty or not guilty of the Treason laid to your charge The King having meditated a little did answer in these words When I was here yesterday I desired to speak for the Liberties of the people of England I desire yet to know whether without interruption I may speak freely or not President Sir on the like Question you had yesterday the resolution of this Court you were told that having a charge of so high a nature against you your work was to acknowledge the Jurisdiction of the Court to answer the charge after you have done that you shall be heard at large to make the defence you can for your self but Sir the Court commands me to make known unto you that you are not permitted to run into any other discourses untill such time that you have returned a positive Answer to the matter that is charged upon you King I value not the charge a rush It is the Liberty of the people of England that I stand for For me who am your King and should be an example to all the Courts in England to uphold Justice and maintain the old Laws for me I say to acknowledge a new Court that I never heard of before is a thing that I know not how to do You did speak very well on the first day I came hither concerning the obligations that I have laid upon me by God for the maintenance of the Liberties of my people I do acknowledge that I do ow the same obligations to God and my people to defend as much as in me lies the ancient Laws of the Kingdom therefore untill I be satisfied that this is not against the fundamentall Laws of the Kingdome I can put in no particulars to the Charge If you will give me time I will shew you my Reasons wherefore I cannot do it and Here being interrupted he said By your favour you ought not to interrupt me How I came here I do not know There is no Law to make your King your prisoner I was in a Treaty upon the publick faith of the Kingdome that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty I was hurried away and brought hither and therefore I would President Sir you must know the pleasure of the Court King By you favour Sir President Nay Sir by your favour you may not be permitted to run into these discourses you appear here as a Delinquent you have not acknowledged the Authority of the Court the Court once more doâ—h command you to give your positive Answer M. Broughton Do your Duty King Duty Sir M. Broughton reads Charls Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your positive and finall answer either by way of confession or by deniall of the Charge King Sir I say again unto you If therby I may give satisfaction to the people of England of the uprightness of my proceedings not by way of answer 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 Fundamentall Laws of the Kingdome you must excuse me if I shall refuse to do it President Sir This is the third time that you have publiquely disowned this Court and put an affront upon it How far you have preserved the priviledges of the People your actions have spoke And truly Sir If mens intentions can be known by their actions you have written your intentions in bloody Characters throughout the whole Kingdome But Sir you are to understand the pleasure of the Court Clerk Record the Default And Gentlemen you that are a guard to the Prisoner take him back again King I will onely adde this one word If it were onely my own particular I would not say any more nor interrupt you at all President Sir you have heard the pleasure of the Court and notwithstanding you will not understand it you are to finde that you are before a Court of Justice The King going forth Proclamation was made that all
persons who then appeared and had further to do with the Court might depart into the Painted Chamber to which place the Court adjourned being resolved to meet again in Westminster-Hall by ten of the Clock the next morning Wednesday January 24. The Court being this day imployed upon Examinations of Witnesses and other things in order to their next proceedings did appoint one of their Vshers to give notice to the people there assembled to appear on further summons The last proceedings against the King wherein they pronounced Sentence upon him on Saturday Jan. 27. 1648. SIlence being commanded by the Cryer the Court was called and Serjeant Bradshaw the Lord President was that day in a scarlet Gown There were present that day sixty and eight Members of the Court The King turning to the Lord President said I shall desire to be heard some few words and I hope I shall give no occasion of Interruption President You may answer in due time hear the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is onely in a word A sudden Judgment President Sir you shall be heard as I have told you in due time but you must hear the Court first King What I am to speak will be in order as I conceive to what I believe the Court will say and therefore Sir I desire to be heard A hasty judgement is not so soon recalled President Sir you shall be heard before Judgment be given and in the mean time you ought to forbear King Well Sir I shall be heard before the Judgment be given President Gentlemen It is well known to all or the greatest part of you here present that the prisonner at the Bar hath been severall 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 oftentimes commanded to Answer he hath been so far from submitting to the Court as he hath undertook to object again and dispute the Authority of this Court and of the High Court of parliament who constituted this Court to Try and Judge him but being over-ruled in that commanded to make answer he was still pleased to persevere in his contumacy and refused to submit to answer whereupon the Court that they may not be wanting to themselves and to the trust reposed in them nor that any mans wilfulnesse shall prevent the course of Justice have considered of the contempt and of that consequence which in law doth arise on that contempt They have likewise considered of the notoriousnesse of the Fact charged upon the prisoner and upon the whole matter are resolved and have agreed upon a Sentence to be now pronounced against him but in regard he hath desired to be heard before Sentence be read and pronounced the Court is resolved to hear him yet Sir thus much I must tell you before hand of which also you have been minded at the other Courts that if what you are to propose shall tend to dispute the jurisdiction of the Court you are not to be heard therein you have offered it formerly and you have indeed struck at the root which is the power and supream Authority of the Commons of England of which this Court will admit no debate and indeed it would be an unreasonable thing in them so to do being a Court which doth act upon that Authority which they have received from them they will not presume to judge upon their Superiours from whom there is no appeal But Sir If you have any thing to say in defence of your self concerning the matter with which you are charged the Court hath given me command to let you know they will hear you King Since I perceive you will not heare any thing of Debate concerning that which I confesse I thought most materiall for the peace of the Kingdome and the Liberty of the Subject I shall wave it and speak nothing of it onely I must tell you that these many dayes all things have been taken from me but that which I call more deer unto me than my life which is my Conscience and my Honour and if I had respect to my life more than to the peace of the kingdome the liberty of the Subject I should certainly have made a particular defence for my self for by that at least I might have deferred an ugly Sentence which I expect to passe upon me Therefore undoubtedly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Country had not over born the care of my own preservation I should have gone another way to work then now I have done Now Sir I conceive that a hasty Sentence once passed may sooner be repented then revoked and truly the same fervent desire I have for the peace of the Kingdome and the liberty of the Subject more then my own particulars doth make me now at last move that having somthing to say concerning both I may be heard before my Sentence be pronounced before the Lords and Commons in the Painted Chamber This delay cannot be prejudiciall to you whatsoever I shall utter If I speak not reason those that hear me must be my Judges but if it be Reason and really for the welfare of the Kingdome and the Liberty of the Subject I am sure of it it will be well worth the hearing Therefore I conjure you as you love that which you pretend I hope it is reall the Liberty of the Subject the peace of the kingdom that you will grant me the hearing before Sentence be past I only desire this that you will take this into your consideration It may be you have not heard of it before hand If you think well of it I will retire and you may think of it but if I cannot get this liberty I do here protest that so fair shews of liberty and peace are but pure shews and no otherwise if in this you will not hear your King President Sir you have now spoken King Yes Sir President And this which you have spoken is but a further declining of the Jurisdiction of this Court which is the thing wherein you were limited before King Pray excuse me Sir for my interruption because you do mistake me It is not a declining of it you do judge me before you hear me speak I say I will not I do not decline it although I cannot acknowledge the jurisdiction of it In this give me leave to say that though I would not though I did not acknowledge it in this yet I protest this is not to decline it since I say If that which I shall propound be not for the peace of the Kingdome and the Liberty of the Subject then the shame is mine Now I desire that you will take this into your consideration if you will I will withdraw
President Sir This is not altogether new that you have offered unto us I say it is not altogether new unto us although it be the first time that in person you have offered it to the Court Sir you say you do not decline the jurisdiction of the Court King Not in this that I have said President I understand you well enough Sir Neverthelesse that which you have propounded seems to be contrary to what you have said for the Court are ready to proceed to Sentence It is not as you say that they will not hear their King For they have been ready to hear you they have patiently waited your pleasure for three Court dayes together to hear what you would answer to the peoples charge against you to which you have not vouchsafed to give any answer at all Sir this doth tend to a further delay and truly Sir Such delays as these neither may the kingdom nor Justice admit You have had the advantage of three several dayes to have offered in this kinde what you were pleased to have propounded to the Lords and Commons This Court is founded upon the Authority of the Commons of England in whom resteth the Suprem Jurisdiction That which you now tender to the Court is to be tryed by another jurisdiction a co-ordinate jurisdiction I know very well how you have expressed your self and that not withstanding what you would propound to the Lords and Commons yet nevertheless you would proceed on here I did hear you say so but Sir That which you would offer there whatsoever it be must needs be in delay of Justice here so as if this Court be resolved and prepared for the Sentence they are bound in justice not to grant that which you so much desire but Sir according to your desire and because you shall know the full pleasure of the Court upon that whilest you have moved the Court shall withdraw for a time King Shall I withdraw President Sir you shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms the Court gives command that the prisoner withdraw and that about half an hour hence the prisonner be returned again The time being expired the Court returned and the Lord President commanded the Serjeant at Arms to send for his prisonner The King being come attended with his Guard The Lord President said unto him Sir you were pleased to make a motion here to the Court concerning the desire you had to propound something to the Lords and Commons in the Painted Chamber for the peace of the Kingdome Sir you did in effect receive an Answer before the Court adjourned Truly Sir their adjournment and withdrawing was pro formâ tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you moved and have considered of their own Authority which is grounded as it hath been often said upon the supream Authority of the Commons of England assembled in Parliament The Court doth act according to their Commission Sir I have received an expresse Order from the Court to acquaint you that they have been too much delaied by you already and that this which you have now offered hath occasioned some little further delay they are Judges appointed by the highest Judges and Judges are no more to delay than they are to deny justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferremus justitium There must be no delay but Sir the Truth is and so every man here observes it That you have much delayed them by your contempt and default for which they might long since have proceeded to judgment against you therefore notwithstanding what you have offered they are resolved to proceed to punishment to judgment and this is their unanimous resolution King Sir I see it is in vain for me to dispute I am no Sceptick to doubt or to deny the power that you have I do know that you have power enough Sir I confesse I do believe it would have been advantagious to the peace of the Kingdome if you would have been pleased to take the pains to show the lawfulnesse of your power As for this delay which I have desired I do confesse it is a delay but it is a delay that is important for the peace of the Kingdom It is not my person that I look on alone It is the welfare of the Kingdome the peace of the kingdome It is an old saying that we should think on long but perform great matters suddainly Therefore Sir I do say again I do put at your doores all the inconveniencies of a hasty Sentence I have been here now a full week this day eight daies was the day in which I made in this place my first appearance The short respite but of a day or two longer may give peace unto the Nation whereas an hasty judgement may bring such a perpetual trouble inconvenience upon it that is the childe unborn may repent it And therefore once more out of the duty I ow to God and to my Country I do desire that I may be heard by the Lords and Commons in the painted Chamber or any other place that you will appoint me President Sir you have been already answered to what you have moved it being the same motion which you made before for which you have had the resolution and the judgment of the Court in it and the Court would now be satisfied from you whether you have any more to say for your self than you have yet said before they proceed to Sentence King I say this Sir that if you will but hear me and give me this delay I doubt not but I shall give some satisfaction to all that are present and to my people that are absent and therefore I require you as you will answer it at the dreadfull day of judgement that you will once again take it into your consideration President Sir I have received Instructions from the Court King Well Sir President If this must be reinforced or any thing of this nature your answer must be the same as it was before and they will proceed to Sentence if you have no more to say King Sir I have nothing more to say onely I desire that this may be entered what I have said President The Court Sir then hath something else to say to you which although I know will be very unwelcome yet notwithstanding they are resolved to discharge their duty Sir you have spoken very well of a pretious thing that you call a peace and it were much to be wished that God had put it into your hart that you had as effectually endeavoured and studied the peace of the kingdom as in words you seem to pretend but as the other day it was represented to you that actions must expound intentions Your actions have been clean contrary and truly sir it doth
your Office is an Office of Trust and indeed an Office of the highest Trust that can be lodged in any single person For as you were the grand Administrator of Justice and others were but as your delegates to see it executed through your Dominions If your great Office were to do Justice preserve your people from wrong if instead of executing Justice you will be the grand and publick disturber of the peace surely this is contrary to your Office and your Trust Now Sir if it be an office of inheritance as you speak of your Title by descent let all men understand that great Offices are seizable and forfeitable as if you had it but for a year or for your life It will therefore much concern you to take into your serious consideration your great miscarriages in this nature Truly Sir I shall not in this place undertake to give you the particulars of the many miscarriages of your Reign whatsoever they have been they are notoriously known It had been happy for the Kingdome and for your self also if they had not been so much known and so much felt as they are every where complained on and reported Sir that we are now upon by the command of the highest Court hath been and is to bring you to your Triall and to judge you for these great offences of yours Sir the Charge hath called you Tyrant a Traytor a murtherer and a publick enemy to the Common wealth Sir it had been well if these terms might rightly and justly have been omitted nay if any one of them all King Ha! President Truly we have been told Rex est qui bene regit Tyrannus qui populum opprimit and if that be the definition of a Tyrant then see if you come short of it in your Actions and whether not the highest Tyrant by that way of arbitrary Government which you sought to introduce and were putting upon the people Examine with your self if that were not as high an act of Tyranny as any of your predecessours were guilty of yea many degrees beyond it Sir the Term Traytor cannot be spared we shall easily conclude that it doth enforce and denote a breach of Trust and it must be supposed to be done by a superior and therefore as the people of England might have encurred that term if they had been truly guilty of it as to the definition of the Law so on the other side when you did break your Trust to the Kingdome you did break your Trust to your superior For the Kingdome is that for which you were trusted And therefore when you are called to an account for this breach of trust you are called to account by your superior Minimus Majorem in judicium vocat And Sir the people of England cannot be so wanting to themselves whom God hath dealt so miraculously and gloriously for they having both power and their great enemy in their hand but they must proceed to Justice to themselves and to you For Sir the Court could heartily desire that you would lay your hand upon your heart and consider what you have done amisse and that you would endeavour to make your peace with God Truly Sir These are too high Crimes Tyranny and Treason There is a third if those two had not been and that is murther which is laid to your charge also All the bloody murders that have been committed since the Division betwixt you and your people must be laid to your charge Sir It is a hainous and a crying sinne and truly Sir If any man will ask us what punishment is due unto a murtherer let Gods law let mans speak I will presume you are so well read in the holy Scripture as that you know what God himself hath said concerning the shedding of mans blood Gen. 9. and Numb. 35. will tell you what the punishment is and this Court in the behalf of the Kingdom are sensible of that innocent blood that hath been shed the land indeed stands still defiled with that bloud and as the Text hath it It can no way be cleansed but by the shedding of the blood of him who shed that blood Sir We know no dispensation from this blood in the Commandement Thou shalt do no Murther we do not know but that it extends to Kings as well as to the meanest peasants the meanest of the people the Command is universall Sir Gods law forbids it mans law forbids it nor do we know that there is any manner of execution not even in mans laws for the punishment of Murther in you T is true that in the Case of Kings every private hand is not to put forth its self to this work for their reformatian or punishment but the people represented having power in their hands were there but one willfull Act of murder by you committed have power to convent you and to punish you for it The weight Sir then lying upon you in all these respects that have been spoken for your Tyranny Treason Breach of Trust and the murders that have been committed surely it should drive you into a sad consideration concerning your eternall estate I know it cannot be acceptable to you to hear any such things as these mentioned from this Court for so do we call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdome as hath been often already said And although you have indeavored what lay in you to discourt us yet we do take knowledge of our selves to be such a Court as can administer justice to you as we are bound in duty to it Sir All I shall say before the reading of the Sentence is but this The Court doth heartily desire that you will seriously consider of those Evils that you stand guilty of You said well the other day you wished us to have God before our eyes Truly Sir I hope all of us have so that God whom we acknowledge to be King of Kings and Lord of Lords that God with whom there is no respect of persons that God who is the avenger of Innocent blood that God have we before our eys that God who bestows a Curse upon them who in the case of guilty malefactors that deserve death do withhold their hands from shedding of blood Sir That God we have before our eyes and were it not that the Conscience of our duty hath called us into this place and this imployment you should have had no appearance of a Court here But sir we must preferre our respect unto God and to the Kingdome above any respect whatsoever and although at this present many of us if not all of us are severely threatned by some of your party what they intend to do yet we do here declare that we shall not decline or forbear the doing of our Duty in the administration of Justice even to your self and that according to the merit of your offence although God should permit
was given by our Soveraign Lord the King this payment must be made within three years at the farthest All Officers and Reformades that were known to be common plunderers and made it their businesse to plunder if such have no lands but onely goods they shall be fined one moity of all their goods and shall find sufficient sureties that they shall keep the peace of our Soveraign Lord the King for the time to come They that have nothing shall be sworn upon the holy Gospel and find sufficient sureties that they will keep the Kings peace for the time forward and shall make such satisfaction and do such penance as the holy Church shall censure excepting onely banished persons who are wholly left to the will and pleasure of the King 2. Moreover as for Wards or young heirs that were in actual Rebellion against the King during their minority their Guardians shall pay their Fines and the said Wards when they come to age shall pay back the same to their Guardians within two or three years so that the Guardians shall have the Wardship and their marriages without disparagement even till they be come to full age and all Wards shall pay their Fines after the same manner as those of full age Onely the Kings own Wards shall be in the hands of those to whom the King shall give them untill they come to years and then they shall pay down their Fines acording to the same manner as those of full years Provided alwayes that there be no waste made by the Guardians upon their estates If there be then the Guardians to be punished according to Law 3. If any that were for the King before and since the battel at Lewes be now fined for not assisting the Prince when he was raising arms to rescue his Father we leave him to the King to be censured or pardoned as he shall think fit 4. That there be no sale or waste made of any Woods by those on whom they were bestowed unlesse the Fine be not paid within the time limited Onely it is allowed that they cut so much as is necessary to keep the houses in reparations and if they shall exceed this allowance to be severely punished 5. If any be thought to be dangerous persons and that they are like to move sedition and to revive the Wars let the King secure their persons as he shall think fit either by sending them into forrein parts for a time or what other way shall be thought expedient provided alwayes that if they be thereby hindered from paying their Fines they shall not forfeit their estates 6. That if any will not submit to this Ordinance he be left to be censured at the King-Bench-Bar before the Feast of St. Hillary next coming All those that live in forrein parts shall find sureties according to the Lawes and customes of those States to live peaceably otherwise that they shall not be received in a peaceable manner 7. Whereas the Kings Majesty is engaged to many that served him in his warres and faithfully stuck to him whom he hath not yet sufficiently rewarded and some have been rewarded above their deserts we desire that the King take speciall care that out of Delinquents estates they may be all rewarded to the full lest otherwise a new war should be occasioned 8. That the Kings Majesty be graciously pleased to make choice of twelve able men that may be authorised to see all this punctually and faithfully performed and that the Kings Majesty his Heirs or Successors take care that it be all firmly observed and maintained and to inquire into and regulate and see duly executed what shall be by the said twelve men ordered according to reason and equity 9. That all farmers and renters of lands that were against the King shall lose their farms for all the term or time of their leases that are to come provided that the landlords be no wayes endammaged and when the term of their leases are out then to return to the landlords again 10. As for Castles and Forts built by the Kings grant and allowance upon any delinquents ground contrary to the will of the said delinquent We decree that after the owner of that land hath paid his Fine which must be within three years for six years more the owner of that land shall pay such custome as was imposed by the King or else accept of a reasonable exchange for the land 11. All Lay-men who notoriously advanced the Earls designs and assisted him or his adherents Attrahendo homines per mendacia falsitates parti Comitis suorum detrahendo parti Regis filii sui by drawing people through lies and falsities either to the Earl and his party or from the King and his party it is ordained that they be fined as much as two years revenues of all their estates 12. That all such as were pressed or out of fear went to the wars but never fought against the King or did any mischief also those that being not able to go themselves yet by force and fear were compelled to contribute towards the Army against the K. or Prince or did any mischief also those that were enformed to be plunderers or to aid and assist any plunder-masters and yet did return to their habitation as soon as conveniently they could be all left In misericordia Domini Regis 13. That all those that wittingly bought any plundered goods restore the value of the goods and be in misericordia Domini Regis because they thereby have offended against the Law and done contrary to the Kings expresse command set for half a year before 14. That all those that at the Earls command went into Northampton yet never gave the Rebels their assistance or made any resistance but assoon as they perceived the King coming took Sanctuary provided that this be attested by the oathes of good and lawfull men likewise those that owed no suit or service to the Earl and yet came upon his command be all fined half a years revenue of every one respectively but those that held of the Earl in Fee let them be onely in Misericordia Domini Regis 15. That impotent silly people and all such as did no mischief may enjoy their estates as formerly and recover dammages at the Kings Bench against those that shall wrong them 16. Those that accuse any of their fellow subjects out of malice be punish'd at the Kings pleasure and that his Majesty thence forward do not easily give credit unto them And we judge that they deserve the same punishment as the accused if the accusation were true provided that they lose not life limbe or estate 17. That all such as are accused upon meer malice may still enjoy their estates and recover dammage against their accusers in the Kings Bench as abovesaid 18. That all women injoy their own inheritances and dowries but those lands that came by their husbands who have been against the King shall be redeemed by