the Parliament well hoping that the restraint and imprisonment of His Person after it had pleased God to deliver Him into their hands would have quieted the distempers of the Kingdome did forbeare to proceed judicially against Him but found by sad experience that such their remissnesse served onely to encourage Him and His Complices in the continuance of their evill practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no chief Officer or Magistrate may hereafter presume Trayterously and malitiously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it enacted and ordained by the Commons in this present Parliament assembled and it is hereby enacted and ordained that Thomas 〈◊〉 Fairfax Generall Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Col. Valentine Walton Col. Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Sir Tho Honywood Thomas Lord Grey Philip. Lord Lisle Will Lord Munson Sir Iohn Danvers Sir Tho Maleverer Sir Iohn Bowcher Sir Iames Harrington Sir William Brereton Robert Wallop Esquire Will Henningham Es Isaac Pennington Alderman Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Pureâ—oy Col. Godfrey Bosvill Iohn Trencherd Esq Col. Harbottle Morley Col. Iohn Berckslead Col. Mat. Tomblinson Iohn Blackston Esq Gilb Millington Esq Sir Will Cunstable Col. Edward Ludlow Col. Iohn Lambert Col. Io. Hutchingson Sir Arth Hazlerigge Sir Michael Lavesley Rich Saloway Esq Humph Saloway Esq Col. Rob Titchburne Col. Owen Roe Col. Rob Manwaring Col. Robert Lilburne Col. Adrian Scroope Col. Richard Deane Col. Iohn Okey Col. Robert Overton Col. Iohn Harrison Col. Ioh Desborough Col. William Goffe Col. Rob Dukenfield Cornelius Holland Es Iohn Carne Esq Sir Will Armine Iohn Iones Esq Miles Corbet Esq Francis Allen Esq Thomas Lister Esq Ben Weston Esq Iohn Gourdon Esq Serj. Francis Thorp Iohn Nut Esq Tho Challoner Esq Col. Algern Sidney Iohn Anlaby Esq Col. Iohn Moore Richard Darley Esq William Saye Esq Iohn Aldred Esq Iohn Fagge Esq Iames Nelthrop Eq. Sir Will Roberts Col. Francis Lassels Col. Alex Rixby Henry Smith Esq Edmond Wilde Esq Iames Chaloner Esq Iosias Barnes Esq Dennis Bond Esq Hump Edwards Esq Greg. Clement Esq Iohn Fray Esq Tho VVogan Esq Sir Greg Norton Serj. Iohn Bradsaw Col. Edm Harvey Iohn Dove Esq Col. Iohn Venn Iohn Foulks Alder Thomas Scot Alder Tho. Andrewes Ald VVilliam Cawley Esq Abraham Burrell Esq Col. Anthony Stapley Roger Gratwicke Esq Iohn Downes Esq Col. Thomas Horton Col. Tho. Hammond Col. George Fenwicke Serj. Robert Nichols Robert Reynolds Esq Iohn Lisle Esq Nicholas Love Esq Vincent Potter Sir Gilbert Pickering Iohn VVeaver Esq Iohn Lenthall Esq Sir Edward Baynton Iohn Corbet Esq Thomas Blunt Esq Thomas Boone Esq Augustin Garland Es Augustin Skinner Es Iohn Dickswell Esq Col. George Fleetwood Simon Maine Esq Col. Iames Temple Col. Peter Temple Daniel Blagrave Esq Sir Peter Temple Col. Thomas Wayte Iohn Browne Esq Iohn Lowrey Esq Mr. Bradshaw nominated President Counsellors assistant to this Court to draw up the Charge against the KING are Doctor Dorislow Master Steele Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Philips Clerk to the Court. Messengers and dore-keepers are Master VValford Master Radley Master Paine Master Powel Master Hull And Mr. King Crier shall be and are hereby appointed Commissioners and Iudges for the hearing Trying and Iudging of the said Charles Stuart and the said Commissioners or any 20. or more of them shal be and are hereby Authorized and Constituted an High Court of Iustice to meet at such convenient times and place as by the said Commissioners or the major part or 20. or more of them under their hande and seales shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of VVestminster and to adjourne from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of Him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personall Answer thereunto These wise men of Gotham could not tell whether VVitnesses upon oath were necessary upon Trials of life and death But I confesse that upon the defensive part upon Indictments VVitnesses upon oath were not to be heard against the King much more Accusers of the King and for examination of VVitnesses upon oath if need be coneerning the same and thereupon or in default of such Answer to proceed to finall Sentence according to justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendants and other circumstances as they or the major part of them shall in any sort judge necessary or usefull for the orderly and good managing of the premises and Thomas Lord Fairfax * * The Generall is no Officer of justice All welaffected Persons tag and rag invited to assist in a Tumultuary way to destroy the King if need had been that is all Antimonarchists the Generall with all Officers of justice and other wel-affected Persons are hereby authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the trust hereby committed unto them provided that this Ordinance and the Authority hereby granted doe continue for the space of one Month from the Date of the making hereof and no longer 60. A new Great Seale to be made But at last they stumbled at a rub not foreseen they could not use the old Great Seale against Him because it vvas the Kings Great Seale no more could they use any of our Lavves Courts or Iudges against Him because they are all the Kings the Sculpture upon it is Carolus Dei Gratia neither vvould the Grace of God square vvith their proceedings they must therefore make a nevv Great Seale but that vvas long a making and their fingers vvere in the fire they therefore proceeded vvithout any Commission under Seale onely upon the said Ordinance and every Commissioner set his ovvne hand and seale to the publique instruments of their proceedings vvhat need ceremonies vvhen men are resolved upon the substance 61. The Iews petition the Councell of VVar to have the Stat of their banishment repealed About this time the Hebrevv Ievves presented a Petition to the uncircumcised Ievves of the Councell of VVarre That the Statute of Banishment against them may be repealed and they readmitted to a Synagogue and Trade amongst us They offer for their re-admission S. Pauls Church and the Library at Oxford 500000 l. but 700000 l. is demanded Hugh Peters and Harry Martyn solicite the businesse Vpon this occasion vvas published this Paper ensuing 62. A Paper published upon occasion of
more than My owne particular ends makes Me now at last desire that I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudiciall to you whatsoever I say if that I say no reason those that heare Me must be Iudges I cannot be Iudge of that that I have if it be reason and really for the welfare of the Kingdome and the liberty of the Subject I am sure its very well worth the hearing therefore I doe conjure you as you love that which you pretend I hope its reall the Liberty of the Subject and peace of the Kingdome that you will grant Me this hearing before any Sentence passed but if I cannot get this liberty I doe protest that your faire shewes of Liberty and Peace are pure shewes and that you will not heare your King The President said This was a declining the Iurisdiction of the Court and a delay Yet the Court vvithdrevv for half an hovver advised upon it and sate againe Bradshaw said to the King That the Court had considered what He had moved and of their owne Authority the returne from the Court is this That they have been too much delayed by You already and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny justice and notvvithstanding vvhat You have offered they are resolved to proceed to Sentence and to Judgement that is their unanimous resolution The King pressed againe againe that He might be heard by the Lords and Commons in the Painted Chamber with great earnestnesse and was as often denied by Bradshaw at last the King desired that this Motion of His might be entered Bradshaw began in a long Speech to declare the Grounds of the Sentence much aggravating the Kings offences and misapplying both Law and History to his present purpose When Bradshaw had done speaking the Clerk read the Sentence drawn up in Parchment to this effect 84. The Sentence against His Majesty THat whereas the Commons of England in Parliament had appointed them an high Court of Iustice for the Trial 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 high crimes and misdemeanors was read in behalfe of the Kingdome of England c. * Here the Clerk read the aforesaid 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 doe and so expressed the severall passages at His Tryall in refusing to Answer For all which Treasons and crimes this Court doth adjudge That He the said Charles Stuart as a Tyrant Traytour Murtherer and a publique Enemy shall be put to Death by severing of His Head from His Body After the Sentence read the President said This Sentence now read and published it is the Act Sentence Iudgement and resolution of the whole Court Here the whole Court stood up as assenting to what the President said King Will you heare Me a word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No. Sir by your favour Sir Guard withdraw your Prisoner King I am not suffered to speak expect what Iustice other people will have These are the Names of such Persons as did actually sit as Judges upon the Tryall of His Majesty with the Councel and Attendants of the Court. Oliver Cromwel Lieu. Generall Com. Gen. Ireton Major Gen. Skippon Sir Hardresse Waller Colonel Thomas Harrison Col. Edward Whalley Col. Thomas Pride Col. Isaac Ewer Col. Rich Ingolsby Sir Henry Mildmay Thomas Lord Grey Philip Lord Lisle Will Lord Munson Sir John Danvers Sir Tho Maleverer Sir John Bowcher Sir James Harringtoâ— Sir William Brereton Will Hennigham Es Isaac Pennington Ald Thomas Atkins Ald Col. Rowland Wilson Sir Peter Wentworth Col. Henry Martyn Col. William Purefoy Col. Godfrey Bosvill Colonel John Berkstead Sir Will Cunstable Col. Edward Ludlow Col. Jo Hutchingson Col. Rob Titchburne Col. Owen Roe Col. Adriaen Scroop Col. John Oky Col. John Harrison Col. John Desborough Cornelius Holland Es Miles Corbet Esq Francis Allen Esq Peregrin Pelham Esq John Gourdon Esq Serj. Francis Thorp Tho Challoner Esq Col. John Moore John Aldred Esq Col. Francis Lassels Henry Smith Esq James Chaloner Esq Dennes Bond Esq Humph Edwards Esq Gregory Clement Esq John Fray Esq Tho Wogan Esq Sir Greg Norton Serj. John Bradshaw Col. Edm Harvey John Dove Esq Col. John Venn John Foulks Alder Thomas Scot. Tho Andrewes Ald William Cauwley Esq Col. Anthony Stapley John Liste Esq John Corbet Esq Thomas Elunt Esq Thomas Boone Esq Col. George Fleetwood Col. James Temple Sir Peter Temple Col. Thomas Wayte John Browne Esq Mr. Bradshaw nominated President Counsellours assistant to this Court and to dravv up the Charge against the KING are Doctor Dorislaus Master Aske Master Cooke Serjeant Dandy Serjeant at Armes Mr. Phileps Clerke to the Court. Messengers and Dore-keepers are Master VValford M. Radley M. 〈◊〉 M. Pâ—vvell Mr. Hull and M. King Cryer 85. Observations upon the Tryall of His Majesty This is a Relation of his Majesties Tryall by a mixed Court of Justice erected by 50. or 60. Confederate Members of the House of Commons sitting under the power of the Army after all the rest of the Members above 250. had been violently secured secluded frighted away And in order to this designe against the King the House of Peers voted downe and yet the House of Commons when intire is no Court of Judicature nor can give an Oath Had indifferent men been permitted to take Notes you had had a more perfect narrative yet as it is truth shines forth to the confusion of this bloudy cheating tyrannicall faction could they have wrought the King to have submitted to the Jurisdiction of this Arbitrary Court His example should have been urged as an irrefragable Precedent against the lives and liberties of the whole Kingdome and urged to be of as great Authority as if He had established that Court by Act of Parliament So that the King is to be looked on as a Civill Martyr dying for the Liberty of the People And although they have failed of this device yet they will have some other Arbitrary bloudy Inquisition to cut off the lives without Law of such as they desire to remove without which this Tyrannous Kingdome of the Saints or Brambles cannot subsist And therefore on Thursday 2. Februarij Cromwell and Ireton and their Canniball Counsell of Officers projected to get an Act passed by their House of Commons where all their Requests are Commands to enable the said Councell to hang all such as they shall adjudge Disturbers of the Army 1. Part of Englands lyberty in Chaines sub fine And the Hunting of the Foxes c although no Members of the Army they must
Lenthall their Speaker as followeth 1. FOr releasing out of New-gate 3 of the Queens Priests and Iesuits by his Warrant 2. For maintaining and protecting severall Spies and Agents for the late King within the Line of Communication during the late Warre 3. For conveying divers remarkable Prisoners of War out of the Line of Communication unto the late King 4. For assisting and protecting severall Plotters on the behalfe of the late King to destroy the City of London 5. For suffering above 30000 l. to be conveyed to the late King out of the Line of Communication wittingly and willingly 6. For sending Horses of Warre with Men and Armes to the late King 7. For holding an intercourse of Letters with the late King 8. For maintaining and keeping an Agent in the Garrison of Oxford for expediting the foregoing Treacheries 9. For corrupting many Members of the Parliament some lately excluded and some now sitting in the House to conceale and smother the foregoing Treacheries 10. For endeavouring to take away the Lives of severall the Prosecutors and Witnesses unto the foregoing Treacheries You see there is not one word in them of Cousening the Common-wealth which is now become the Private-wealth of every particular Saint because this would have broken universally the whole communion of Saints and would have set them all together by the eares to defend themselves by recriminating one another The device was by taking off the Speaker to Dissolve them since they cannot by the Priviledges of the House chuse themselves a new Speaker without the consent of a power higher then their owne to wit the KING 's And though they will be so much Masters of their own Priviledges as to coyne new every day upon emergent occasions yet those irregularities are alwaies done under the power and protection of the Sword which they could not expect against their owne Visier Basha Oliver This trick being smelt out was so highly resented that it perished in the birth onely I heare the Speaker bled in private 15000 l. towards Olivers expedition 199. 150000 l. Advance money for Cromwells expedition All the sinks of tyranny and oppression about the Towne the Committee of the Revenue Goldsmiths hall Haberdashers hall the Excise Office c. are all emptied into that Common-Sewer Olivers expedition into Ireland or rather Scotland or engaged as a security to furnish him with 150000 l. part whereof onely he is accountable for the residue is left to his discretion and conscience to buy Townes and Victories with and to be offered upon an Altar to be erected Deo ignoto At Olivers request the House admitted Sir Edward Ford to compound upon the Articles of Oxon notwithstanding his lapse of time Forde married Ireton's Sister and the Lord Culpeper's Sonne married Forde's Daughter Observe how the Generall is lessened to advance Cromwell 1. The Command of the Irish Forces taken from him and Cromwell sent with a Higher power than ever any went with into that Nation 2. All Souldiers that will are enabled to leave their Regiments and List under Cromwell so that the discontented and Levelling Party onely are left under the Command of Fairfax Col. Martin's Accounts brought into the House 200. More Gifts to the Godly 3. Iuly 1649. his Arreares came to 25000 l and 1000 l. per ann Land ordered to be setled upon him and his Heyres The Lord Gray of Grooby's Arrears for the last Summer only against Duke Hamilton 1500 l. These things considered I cannot wonder at the Petition presented to the Generall by Captaine Iubbs The Moderate from Iuly 3. to Iuly 10. 1649. in the name of Col. Huson's Regiment about Iuly 6. wherein amongst other things they complaine That the House doe Weekly bestow 1000 l. per an upon themselves out of the publique Treasury of the Nation when as the Souldiers wants are great and all the People are in great necessity As if the dividing of the Army 201. Endeavors to lessen the Generall and putting the most confiding men under Cromwell the taking the whole Command of Ireland from the Generall and conferrirg it upon Cromwell the drawing drie all Treasuries of Money to furnish Cromwell and leaving no Money to content the Generalls remaining part of the Army the turning the odium of seizing and secluding the Members and Murdering the KING upon the Generall were not sufficient diminutions of the Generall and augmentations of his Lieutenant Generall The Welch Counties are set on worke to desire Harry Martin for their Commander in Chiefe and the Westerne Garrisons the most considerable of England are to be taken from the Generall and put into the hands of Cromwell and his Party for his retreat from Ireland so that if all this doe not enable him to ruine the Generall it will at least enable him to divide the Army and cautonize the Kingdome and turne the Generall into the dangers and troubles of the starving forlorne North Counties bordering upon Scotland And if Cromwell find Ireland too hard a Bone for him it is thought he will endeavour to surprize the Isle of Man and from thence infest Scotland and Ireland 202. An Inquisition for bloud an ingenious piece newly come to light About the 18. Iuly 1649. was presented to the world an ingenious piece entituled An Inquisition for Bloud to the Parliament in statu quo nunc And to the Army Regnante wherin the Author proves That the KING dsd not take the guilt of Bloud upon Himselfe by granting the Preambulatory Proposition in the late Treaty in the Isle of Wight in these words viz That He acknowledged that the two Houses of Parliament were necessitated to undertake a Warre in their owne just and lawfull Defence c. And that therefore all Oathes Declarations or other publique Instruments against the 2 Houses of Parliament or any for adhering to them c. be Declared null suppressed and forbidden His Majesty in yeilding to this Grant had reference to two ends 1. To prepare the way to peace which without this had been hopelesse 2. To secure indemnifie the two Houses with all their Adherents and rid them from those despairing feares and jealousies which made them adversaries to peace For the words of this Preamble they were not of His penning He was not Authour of them but an Assentor to them nor was He or His Party accused or so much as mentioned in them He made this Concession sub stricta novacula when the Razor was as it were at His throat 1. An Army of 3e000 Horse and Foot effective against Him 2. When He was endangered and tired out with a long and close Imprisonment 3. When many dangerous menacing Petitions against His life had been encouraged and entertained so that the King may seem to have been necessitated to yeild to this Grant for His owne just and lawfull Defence His Majesty passed this Concession with these two Provisoes 1. That it should be of no validity until the whole Treaty were intirely
be done by the King if by those Words things done or to be done for the dissolving c. they shall say they related to the Kings Naturall Death Natural Death is the Act of God which these Saints cannot make voide if they related to His violent Death it could not then be said a thing done or to be done for the unlawfulness and injustice of it This Act passed long before any War or Bloud shed The onely pretence they have since found out for the Kings Murder 2. If this Parliament were not Dissolved by the Kings Death Yet the House of Peeres formerly Voted downe by the Commons gave no consent the passing this Act Entituled An Act of the House of Commons who without the concurring Assent of the Lords and the Kings Royall Assent have no power to passe any Act Make or Declare any Law or impose any Tax as appeares by the fore-recited Acts The Petition of Right The Act for the Trienniall Parliament and this very Act against Dissolving Proroguing c. with all our Printed Statutes Parliament Rolls and Law-Bookes The Commons being so farre from claiming the sole Legislative Power heretofore as that they were not Summoned to our Ancient Parliaments which consisted onely of King Lords Temporall and Spirituall untill 45 Hen. 3. nor had they so much as a House of Commons or Speaker untill the Reigne of Edw. 3. nor never tendred any Acts or Bills to the King but Petitions onely of Grievances untill long after Rich. 2. time See the Printed Prologues to the Stat. 1 4. 5 9 10. 20. 23. 36. 37. 50. Edw. 3. 1 Ric. 2. 1. 2. 4. 5. 7. 9. 11. 13 Hen. 4. 1. 2. 3. 4. 8. 9 Hen. 5. 1 2 3 4 6 8 9 10 11 14 15. 28 29 39 Hen. 6. 1 4 7 8 12 17 22 Edw. 4. 1 Rich. 3. 3. But suppose the Commons alone had power to impose Taxes yet it must be in a full and free House whereas when this Act for 90000 l. a Moneth passed the House was neither Full nor Free The Major part of the House who by Law are the House to wit 8. parts of 10. at the least being Secured or Secluded by Col. Pride and his Souldiers by Confederacy with those 40. or 50. then sitting when this Act passed and acting the Wills of the Councell of Officers to the subversion of Parliaments and the great wrong of those Counties and Burroughs for which they served Object If it be objected that by usage of Parliament 40. Members make a House of Commons Answ 1. I Answer not to all intents and purposes Not to grant Subsidies nor passe Lawes or matters of greatest moment Modus tenendi Parl. Cookes 4. Instit pag. 1. 2. 26. 35. 36. Cromptons Iurisd of Couts fol. 1. 39 Edw. 3. 7. Brook Parl. 27. 1. Iac. c. 1. 2. 40 Members make not a House when the rest are Excluded by force without Dores and fraud of their Fellow-members within Dores on purpose that being the Major number they may not over-vote them The Commons not having power to expell any of their Members without consent of King and Lords in whom onely the Iudiciall power Paribus in Pares non est Potestas Claus Dors 7 Rich. 2. M. 27 Seldens Title of Honour pag. 737. Baron Camoyes case discharged by the Kings Writ and Iudgement from serving amongst the Commons because a Peer of the Realm The practice for Members to Expell and Sequester their Fellow-members being a late dangerous innovation to pack a Factious Conventicle instead of a Parliament If the King should send forth no more Writs then would Summon 40. or 50. Commons it were no House Added by the Abridger So M. Pryn concludes That if he should voluntarily submit to pay this Tax by virtue of the said pretended Act of Parliament Dated 7. Aprill 1649. made by those now sitting some of whose Elections have been Voted void others of them Elected by new Illegall Writs under a new kind of Seal since the Kings Beheading as the Earl of Pembroke and Lord Edward Howard uncapable of being Knights or Burgesses by the Common Law because Peeres of the Realm as was adjudged in the Lord Camoyes case Claus Dors 7 Rich. 2. M. 32. and asserted by Mr. Seldens Titles of Honour Part 2. chap. 5. pag. 735. Seconded by Cookes 4. Instit pag. 1. 4. 5. 46. 47. 49. As he should admit those to be lawfull Members so he should assent to ex post facto some particulars against his Knowledge and against the Oathes of Allegeance Supremacy Protestation Solemn League and Covenant taken in the presence of God with a sincere heart and reall intention to performe the same and persevere therein all the dayes of his life without suffering himself directly or indirectly by whatsoever Combination Perswasion or Terrour to be withdrawn therefrom As for example he should thereby acknowledge contrary to his knowledge and the said Oathes and Covenant 1. That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings Death consisting onely of a few late Members of the Commons House without either King Lords or most of their fellow Members 2. That this Parliament sitting under a force and so unduly Constituted and packed by power of an Army combining with them hath just and lawfull Authority 1. To Violate the Priviledges Rights Freedomes Customes and alter the Constitution of our Parliaments themselves 2. To Imprison Seclude and Expell most of their fellow Members the farre Major part of the House for Voting according to their Consciencies in favour of Peace and settlement of the Common-wealth 3. To Repeal all Votes Ordinances and Acts of Parliament they please 4. To Erect new Arbitrary Courts of Warre and Iustice 5. To Arraign Condemne and Execute the King himself with the Peeres and Commons of this Realm by a new kind of Martiall Law contrary to Magna Charta The Petition of Right 3. Car. and the known Lawes of the Land 6. To Dis-inherit the Kings Posterity of the Crown 7. To éxtirpate Monarchy and the whole House of Peers 8. To Change and Subvert the Ancient Government Seales Lawes Writs Legall proceedings Courts and Coyne of the Kingdome 9. To Sell and Dispose of all the Lands Revenues Iewels Goods of the Crowne with the Lands of Deans and Chapters for their own advantage not the easing of the People from Taxes 10. To absolve themselves by a Papall kind of Power and all the Subjects of England and Ireland from all the Oaths and Engagements they have made to the Kings Majesty His Heires and Successours yea from the very Oath of Allegeance notwithstanding this expresse Clause in it fit to be laid to Heart by all Conscientious Christians I doe believe and in Conscience am resolved That neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully