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A38380 England's black tribunall set forth in the triall of K. Charles I at a High Court of Justice at Westminster-Hall : together with his last speech when he was put to death on the scaffold, January 30, 1648 [i.e. 1649] : to which is added several dying speeches and manner of the putting to death of Earl of Strafford, Arch-Bishop of Canterbury, Duke Hamilton ... 1660 (1660) Wing E2947; ESTC R31429 137,194 238

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CHARLES I. KING OF ENGLAND c. England's black Tribunall Set forth in the TRIALL OF K. CHARLES I. At a High Court of Justice at Westminster-Hall Together with his last Speech when he was put to death on the Scaffold January 30. 1648. To which is added the several dying Speeches and manner of the putting to death of Earl of Strafford Arch-Bishop of Canterbury Duke Hamilton Earl of Holland Lord Capell Earl of Darby Sir Alex. Carew Sir John Hotham Capt. Hotham Mr. Nath. Tomkins Mr. Chaloner Col. Jo. Morris Cor. Blackburn Col. Andrews Sir Hen. Hide Col. Gerrard Mr. Pet. Vowell Col. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewet The fourth Edition corrected and enlarged London Printed for J. Playford 1660. TO THE READER WHereas there has been printed of late years many severall impressions of the Relation of the Tryall of King Charles the 1 st and of the manner of the putting him to Death many of which have been very imperfect having had most of the remarkable passages left out But in this Edition some paines and care has been used to have it exact and perfect the which the Reader will find made good if he compare it to any of the former Printed copies Also an addition of the dying speeches of such of the English Nobilite Clergie and Gentry as has been executed for the cause of the late King from 1642. to 1659. of all which these following are true and exact Copies as no doubt will appear to the reader in the perusuall thereof I. P. A Table of the matters contained in this Book AN Act for the Tryall of the King Pag. 1 The first days proceedings Pag. 6 The Charge drawn up against the King Pag. 8 The second days proceedings Pag. 17 The third days proceedings Pag. 25 The fourth days proceedings K. Charles conference with his children His speech on the Scaffold His letter to his Sonne a little before his death An Elegie on the Death and sufferings of K. Charles A Table of the Speeches The E. of Straffords speech to the Court after his sentence Pag. 49 The E. of Straffords speech on the Scaffold Pag. 53 Mr. Nath. Tomkins Elegie Pag. 58 Mr. Chalenors speech at his Execution Pag. 61 Sir Alex. Carews speech on the Scaffold Pag. 65 Capt. John Hothams speech on the Scaffol Pag. 68 Sir John Hothams speech on the Scaffold Pag. 69 Arch Bishop of Canterburys speech on the Scaffold Pag. 72 Duke Hamiltons speech on the Scaffold Pag. 84 Earl of Hollands speech on the Scaffold Pag. 98 Lord Capells speech on the Scaffold Pag. 124 Col. John Moris speech at his Execution Pag. 121 Cor. M. Blackburn speech at his Execution Pag. 125 Col. Andrews speech on the Scaffold Pag. 126 Sir Hen. Hides speech on the Scaffold Pag. 134 E. of Darby's speech on the Scaffold Pag. 147 Col. Gerrards speech on the Scaffold Pag. 159 Mr. Peter Vowells speech at his Execut. Pag. 170 Col. Penruddocks speech on the Scaffold Pag. 175 Capt. Hugh Goves speech on the Scaffold Pag. 184 Sir Hen. Slingsbys speech on the Scaffold Pag. 185 Dr. John Hewets speech on the Scaffold Pag. 186 KING CHARLES HIS TRYALL Began Saturday January 20 th and ended January 27. 1648. An ACT. An Act of the Commons of England assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of CHARLES STUART King of England WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liber-of this Nation And in their place to introduce an arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel war in the Land against the Parliament and Kingdome Whereby the Countrey hath been miserably wasted the publick Treasury exhausted Trade decayed and thousands of People murthered and infinite of other mischiefs committed For all which High and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign punishment Whereas also 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 disturbers of the Kingdom did forbear to proceed judicially against him But found by sad experience that such their remissives served onely to incourage him and his complices in the Continuance of their evil practises and in raising of new Commotions designs and invasions For prevention therefore of the like greater inconveniences And to the end that no Magistrate or Officer whatsoever may hereafter presume traiterously and maliciously to immagine or contrive the inslaving or destroying of the English Nation and to expect impunity in so doing Be it ordained and enacted by the Commons in Parliament assembled and it is hereby ordained and enacted by the Authority thereof That Thomas Lord Fairfax General Oliver Cromwell Lieutenant General Henry Ireton Commissary General Phillip Skippon Maior General Sir Hardress Waller Colonel Valentine Walton Col. Thomas Harrison Col. Edw. Whalley Col. Tho. Pride Col. Isaac Ewers Col. Rich. Ingoldsby Col. Rich. Dean Col. John Okey Col. Robert Overton Col. John Harrison Col. John Desborow Col. Will. Goffe Col. Rob. Duckenfield Col. Rowland Wilson Col. Henry Martin Col. William Purefoy Col. Godfrey Bosvile Col. Herbert Morley Col. John Barkstead Col. Matthew Tomlinson Col. John Lambert Col. Edmund Ludlow Col. John Hutchinson Col. Robert Titchborn Col. Owen Roe Col. Robert Manwaring Col. Robert Lilburn Col. Adrian Scroop Col. Algernoon Sidney Col. John Moore Col. Francis Lassells Col. Alexander Rigby Col. Edmund Harvey Col. John Venn Col. Anthony Stapley Col. Thomas Horton Col. Tho. Hammond Col. George Fenwick Col. George Fleetwood Col. John Temple Col. Thomas Waite Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Aldermen Sir Peter Wentworth Thomas Trenchard Jo. Blakston Gilbert Millington Esquires Sir Will. Constable Sir Arthur Hasilrigg Sir Mich. Livesey Richard Salway Hump. Salway Cor. Holland Jo. Carey Esquires Sir Will. Armin Jo. Jones Miles Corbet Francis Allen Thomas Lister Ben. Weston Peter Pelham Io. Gusden Esquires Fra. Thorpe Esq Serjeant at Law Io. Nut Tho. Challoner Io. Anlaby Richard Darley William Say John Aldred Jo. Nelthrop Esquires Sir William Roberts Henry Smith Edmund Wild Iohn Challoner Iosias Barnes Dennis Bond Humphrey Edwards Greg. Clement Io. Fray Tho. Wogan Esquires Sir Greg. Norton Io. Bradshaw Esq Serieant at Law Io. Dove Esq Iohn Fowk Thomas Scot Aldermen Will. Cawley Abraham Burrel Roger Gratwick Iohn Downes Esquires Robert Nichols Esq Serjeant at Law Vincent Potter Esq Sir Gilbert Pickering Io. Weaver Io. Lenthal Robert Reynolds Io. Lisle Nich. Love Esquires Sir
ever I took defended my selfe with Arms I never took up Arms against the People but for my People and the Laws President The command of the Court must be obeyed no answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock aod from thence they intend to adjourn to Westminster Hall at which time all persons concerned are to give their attendance Resolutions of the Court at their Meeting in the Painted Chamber Lunae Jan. 22. 1648. THis day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the businesse of that day as agreeing to their sense And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supreme Authority of the Commons of England in their Representative the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction or that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supreme Court which made them Judges from which there was no appeal and did therefore order and direct viz. Ordered that in case the King shall again offer to dispute the Authority of the Court the Lord President do let him know that the Court have taken into consideration his demands of the last day and that he ought to rest satisfied with this Answer That the Commons of England assembled in Parliament have constituted this Court whose Power may not nor should be permitted to be disputed by him That in case the King shall refuse to answer or acknowledge the Court the Lord President do let him know that the Court will take it as a contumacy and that it shall be so Recorded That in case he shall offer ot answer with a saving notwithstanding of his pretended Prerogative above the jurisdiction of the Court That the Lord President do in the name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring his intention a Copy be granted unto him That in case the King shall still persist in his contempt the Lord President do give command to the Clerk to demand of the King in the name of the Court in these words following viz. Charles Stuart King of England you are accused in the behalf of the People of England of divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confesse or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O Yes made Silence commanded The Court called Seventy three persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the people of England that he might speedily be required to make an Answer to the Charge But my Lord in stead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it but my Lord he was then pleased for to demur to the jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of justice I shall now humbly move your Lordship for speedy judgement against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryall That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact The House of Commons the Supreme Authority and jurisdiction of the Kingdome they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clear as Chrystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf severall witnesses to produce And therefore I do humbly pray and yet I must confesse it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgement and therefore I do humbly pray that speedy Judgement be pronounced against the prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget what delatory dealings the Court hath found at your hands
before the Judgement be given and in the mean time you may forbear King Well Sir shall I be heard before the Judgement be given President Gentlemen it is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before the 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 required to Answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer reasoning and debate unto the Authority of the Court and of the highest Court that constituted them to try and judge him but being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit or Answer Hereupon the Court that they may not be wanting to themselves to the trust reposed in them nor that any mans wilfulnesse prevent justice they have thought fit to take the matter into their consideration They have considered of the contumacy and of that confession which in Law doth arise upon that contumacy They have likewise considered of the notoriety of the Fact charged upon the prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be now pronounced against this prisoner but in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him yet Sir thus much I must tell you before-hand which you have been minded of at other Courts that if that you have to say be to offer any debate concerning jurisdiction you are not to be heard in it you have offered it formerly and you have indeed struck at the root that is the power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed is an irrational thing in them to do being a Court that acts upon Authority derived from them that they should presume to judge upon their Superiorty from whom ther 's no Appeal But Sir if you have any thing to say in defence of your selfe-concerning the matters charged the Court hath given me command to let you know they will hear you King Since that I see that you will not hear any thing of debate concerning that which I confesse I thought most material for the peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it but onely I must tell you That this many a day all things have been taken away from me but that that I call more dear to me then my Life which is My Conscience and my Honour and if I had respect to my life more then the Peace of the Kingdom the Liberty of the Subject certainly I should have made a particular defence for my self for by that at least-wise I might have delayed an ugly Sentence which I believe will passe upon me Therefore certainly Sir as a Man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not overborn the care that I have of my own preservation I should have gone another way to work then that I have done Now Sir I conceive that an hasty Sentence once past may be sooner repented then recalled and truly the selfe-same desire that I have for the Peace of the Kingdome and the Liberty of the Subject more then my own particular does make me now at last desire That having something for 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 prejudicial to you whatsoever I say if that I say no Reason those that hear me must be Judges I cannot be Judge 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 on it very well it is worth the hearing Therefore I do conjure you as you love that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdome that you will grant Me the hearing before any Sentence be passed 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 will I 'le 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 pure shews and not otherwise then that you will not hear your KING P●●●●dent Sir You have now spoken King Yes Sir President And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before King Pray excuse me Sir for my interruption because you mistake me it is not a declining of it you do judge me before you hear me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdome and the Liberties of the Subject then the shame is mine Now I desire that you will take this into your consideration if you will I 'le withdraw President Sir this is not altogether new that you have moved unto us not altogether new to us though the first time 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 Sir but neverthelesse that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence it is not as you say That they will not hear your King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any answer at all Sir This tends to a further delay Truly Sir such delayes as these neither may the Kingdome nor Justice well bear You have h●● three several dayes to have offered in this kinde what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you expresse your selfe Sir That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber yet neverthelesse you would proceed on here I did hear you say so but Sir that you
wrong and he is acknowledged to be the Kings Superior and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephory were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall finde some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should nor mention these Forreign examples and stories If you look but over Tweed we finde enough in your native Kingdome of Scotland If we look to your first King Fergustu● that your stories make mention of he was an elective King he dyed and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed then justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109 King of Scotland for to mention so many Kings as that Kingdome according to their power and priviledge have made bold to deal withall some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdome hath yeilded more plentiful experience then that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example neer you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir who ever shall look into their stories they shall not finde the Articles that are charged upon them to come neer to that height and capitalnesse of Crimes that are layed to your charge nothing neer Sir you were pleased to say the other day wherein they discent and I did not contradict it but take altogether Sir if you were as the Charge speaks no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have been stories will tell you if you go no higher then the time of the Conquest if you do come down since the Conquest you are the 24 King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Discent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge in his time well known to you is since printed for posterity That although there was such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their titles when it was declared by Parliament And Sir your Oath the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in bloud is designed yet if there were just cause to refuse him the People of England might do it For there i● a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the leige Lord so they leige Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewell Soveraignty Subjectio trahit c. These things may not be denyed Sir I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages For whether you have been as by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and in stead of doing that you will be the great wrong-doer your selfe If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Discent let all men know that great Offices are seizable ond forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kinde Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been is to try and judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these termes might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimei and if so be that be the definition of
empty Scaffold that I might have had room to die I beseech you let me have an end of this misery for I have endured it long When room was made he spake thus I le pull off my Doublet and Gods will be done I am willing to goe out of the world no man can be more willing to send me out then I am willing to be gone Sir John Clothworthy What speciall Text of Scripture now is comfortable to a man in his departure Cant. Cupio dissolvi esse cum Christo. Sir John Clothworthy That is a good desire but there must be a foundation for that desire as assurance Cant. No man can expresse it it is to be found within Sir John Clothworthy It is founded upon a word though and that word would be known Cant. That word is the knowledge of Jesus Christ and that alone And turning to the Executioner he gave him money saying here honest friend God forgive thee and doe thy office upon me in mercy The Executioner desired him to give some signe when he should strike he answered Yes I will but let me fit my self first Then kneeling down on his knees he prayed thus The Arch-Bishops last prayer on the Scaffold LOrd I am coming as fast as I can I know I must passe through the shadow of death before I can come to see thee but it is but umbra mortis a meer shadow of death a little darknesse upon nature but thou by thy merits and passion hast broke through the jawes of death so Lord receive my soul and have mercy upon me and blesse this Kingdome with peace and with plenty and with brotherly love and charity that there may not be this effusion of Christian blood amongst them for Jesus Christ sake if it be thy will And when he said Lord receive my soul which was his signe the Eecutioner did his office The severall Speeches of Duke Hamilton Earl of Cambridge the Earl of Holland and the Lord Capell immediately before their execution upon the Scaffold in the Palace yard Westminster on Friday March 9. 1649. Duke Hamilton Earl of Cambridg his Speech on the Scaffold March 9. 1649. UPon Friday the ninth of this instant being the day appointed for the Execution of the sentence of Death upon the Earl of Cambridge the Earl of Holland and the Lord Capel about ten of Clock that morning L. Col. Beecher came with his Order to the several Prisoners at St. James's requiring them to come away According to which Order they were carried in Sedans with a Guard to Sir Thomas Cottons house at Westminster where they continued about the space of two hours passing away most of that time in religious and seasonable conferences with the Ministers there present with them After which being called away to the Scaffold it was desired that before they went they might have the opportunity of commending their Souls to God by prayer which being readily granted and the room voided Mr. Bolton was desired by the Lord of Holland to take that pains with them which was accordingly done with great appearance of solemn Affections among them Prayer being concluded and hearty thanks returned by them all to the Ministers who performed as also to the rest who were their Assistants in this sad time of trouble the Earl of Cambridge prepared first to go towards the place of Execution and after mutual embraces and some short ejaculatory expressions to and for his fellow-sufferers he took his leave of them all and went along with the Officers attended upon by Dr. Sibbald whom he had chosen for his Comforter in this his sad condition The Scaffold being erected in the new Palace-yard at Westminster over against the great Hal-Gate in the sight of the place where the High-Court of Justice formerly sate the Hal-doors being open there was his Excellencies Regiment of Horse commanded by Capt. Disher and several Companies of Col. Hewsons and Col. Prides Regiments of Foot drawn up in the place When the Earl came from Westminster Hall neer the Scaffold he was met by the Undersheriff of Middlesex and a Guard of his men who took the charge of him from Lieut. Col. Beecher and the Partizans that were his Guard The Sheriff of London being also according to command from the High Court of Justice present to see the Execution performed The Earl of Cambridge being come upon the Scaffold and two of his own servants waiting upon him he first spake to the Doctor as followeth E. of Camb. Whether shall I pray first Dr. Sibbald As your Lordship pleases E. of Camb. My Lord of Denbigh has sent to speak with me I know not the faction I may ask you Sir Doe those Gentlemen expect I should say any thing to them or no they cannot hear Dr. Sibbald There will be a greater silence by and by It will not be amiss if your Lordship defer your speaking till you hear from his Lordship Camb. There is something in it He was with the House Dr. Sibbald I suppose he would give no interruption to your Lordship at this time were there not something of concernment in it Camb. He is my Brother and has been a very faithful servant to the State and he was in great esteem and reputation with them He is in the Hall and sent to speak with a servant of mine to send something to me Sibbald It will not lengthen the time much if you stay while you have a return from him My Lord you should do well to bestow your time now in meditating upon and imploring of the free mercy of God in Christ for your eternal Salvation and look upon that ever-streaming Fountain of his precious Bloud that purgeth us from all our sins even the sins of the deepest dye the Bloud of Jesus Christ washes away all our sins and that Bloud of Christ is powred forth upon all such as by a lively Faith lay hold upon him God so loved the World that he gave his only begotten Son to the end that whosoever believed in him should not perish but have everlasting life that is now my Lord the Rock upon which you must chiefly rest and labour to fix your self in the free mercy of God through Christ Jesus whose mercies are from everlasting to everlasting unto all such as with the eye of Faith behold him behold Jesus the Author and Finisher of your Salvation who hath satisfied the Justice of God by that All-sufficiency of his Sacrifice which once for all he offered upon the Cross for the sins of the whole world so that the sting of death is taken away from all Believers and he hath sanctified it as a passage to everlasting blessedness It is true the waters of Jordan run somewhat rough and surly betwixt the Wilderness and our passage into Canaan but let us rest upon the Ark my Lord the Ark Christ Jesus that will carry us through and above all those waves to that Rock of ages which no flood nor waves can reach unto
Edw. Baineton Io. Corbet Tho. Blunt Tho. Boone Aug. Garland Aug. Skinner Io. Dickeswel Simon Meyne Io. Brown Io. Lewry Esquires c. John Bradshaw Esq Serg. at Law Lord President of the Court Councellors Assistant to the Court and to draw up the Charge against the King Dr. Dorislaus Mr. Aske Mr. Steel Attorney General Mr. Cook Sollicitor General Mr. Broughton Mr. Phelps Clerks to the Court Officers of the Court Sergeant Dandy Sergeant at Arms and Mace bearer Col. Humpreys Sword-bearer Mr. King Crier of the Court Mr. Walford Mr. Radley Mr. Pain Mr. Powel Mr. Hull Messengers and Dore-keepers with tip-staves ON Saturday being the twentieth day of January 1648. The Lord Bradshaw President of the High Cout of Justice with about seventy of the Members of the said Court having Col. Fox and sixteen Gentlemen with Partizans and a Sword born by Col. Humphry and a Mace by Serj. Dandy with their and other Officers of the said Court marching before them came to the place ordered to be prepared for their sitting at the West end of the Great Hall in Westminster where the Lord President in a Crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a Crimson Velvet Cushion before him The rest of the Members placing themselves on each side of him upon the several Seats or Benches prepared and hung with Scarlet for that purpose and the Partizans dividing themselves on each side of the Court before them The Court being thus set and silence made the great Gate of the said Hall was set open to the end That all persons without exception desirous to see or hear might come into it upon which the Hall was presently filled and Silence again ordered This done Colonel Thomlinson who had the charge of the King as a Prisoner was commanded to bring him to the Court who within a quarter of an hours space brought him attended with about twenty Officers with Partizans marching before him there being Col. Hacker and other Gentlemen to whose care and custody he was likewise committed marching in his Rear Being thus brought up within the face of the Court The Serjeant at Arms with his Mace receives and conducts him streight to the Bar where a Crimson Velvet Chair was set for the King After a stern looking upon the Court and the people in the Galleries on each side of him he places himself not at all moving his Hat or otherwise shewing the least respect to the Court but presently rises up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall After Silence made among the people the Act of Parliament for the Trying of CHARLES STUART King of England was read over by the Clerk of the Court who sate on one side of the Table covered with a rich Turkey Carpet and placed at the feet of the said Lord President upon which Table was also laid the Sword and Mace After reading the said Act the several names of the Commissioners were called over every one who was present rising up and answering to his Call The King having again placed himself in his Chair with his face towards the Court Silence being again ordered the Lord President stood up and said President CHARLES STUART King of England The Commons of England Assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdome and themselves and according to the Fundamental Power that rests in themselves They have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said M. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King offered to speak but the King having a staff in his hand held it up and laid it upon the said M. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said Cook My Lord I am commanded to charge Charles Stuart King of England in the name of Commons of England with Treason and high Misdemeanors I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said Charles Stuart being admitted King of England and therein trusted with a Limited Power to govern by and according to the Laws of the Land and 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 nevertheless out of a wicked design to erect and uphold in himself an unlimited 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 thereof and of all redress and remedy of misgovernment which by the fundamental Constitutions of this Kingdom were reserve on the peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his adherents in His and Their wicked practises to the same Ends hath Traiterously and maliciously levied 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 forty and two at Beverley in the County of York And upon or about the thirtieth 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 Notingham when and where he set up His Standard of War And upon or about the twenty third day of October in the same year at Edg-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge near Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newbery
answer them King No Sir I deny that President If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for neer these thousand years therefore let me know by what Authority I am called hither I do stand more for the Liberty of my People than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it President Sir how really you have managed your Trust is known your way of answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court I will stand as much for the priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the publick faith of the world Let me see a legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer President Sir You have propounded a Question and have been answered seeing you will not answer the Court will consider how to proceed in the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. King Sir I desire that you would give me and all the world satisfaction in this let me tell you it is not a slight thing you are about I am sworn to keep the Peace by that duty I owe to God and my Country and I will do it to the last breath of my body and therefore you shall do well to satisfie first God and then the Country by what Authority you do it if you do it by a usurped Authority that will not last long There is a God in Heaven that will call you and all that give you power to account Satisfie me in that and I will answer otherwise I betray my Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a sin to withstand lawful Authority as it is to submit to a Tyrannical or any other wayes unlawful Authority and therefore satisfie God and me and all the World in that and you shall receive my Answer I am not afraid of the Bill President The Court expects you should give them a final Answer their purpose is to adjourn till Monday next if you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon Gods Authority and the Kingdoms and that peace you speak of will be kept in the doing of Justice and that 's our present work King Let me tell you if you will shew me what lawful Authority you have I shall be satisfied But that you have hitherto said satisfies no reasonable man President That 's in our apprehension we think it reasonable that are your Judges King 'T is not my apprehension nor yours neither that ought to decide it President The Court hath heard you and you are to be disposed of as they have commanded Two things were remarkable in this days proceedings 1. It is observed That as the charge was reading against the King the silver head of his staff fell off the which he wondred at and seeing none to take it up he stoop'd for it himself and put it in his pocket 2. That as the King was going away he looking with a very austere countenance upon the Court without stirring of his Hat replyed Well Sir when the L. President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his staff at the sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the Painted Chamber and from thence to the same place again in Westminster Hall January 21. Being Sunday the Commissioners kept a Fast at White-hall there Preached Mr. Spigg his Text was He that sheds Mans bloud by Man shall his bloud be shed next Mr. Foxely his Text Judge not least you be judged Last was Mr. Peters his Text was I will binde their Kings in Chains and their Nobles in fetters of Iron At the High-Court of Justice sitting in Westminster-Hall Monday Jan. 22. 1648. O Yes made Silence commanded The Court called and answered to their names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of ●he Guard to fetch and take into his custody those who make any disturbance Mr. Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble Motion to this High Court in behalf of the People of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to justice President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an answer to that Charge that thereupon such proceedings might be had at should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered that it was by Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital misdemeanours wherewith you were then charged Since
that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good against you their Authority they do avow to the whole world that the whole Kingdome are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were only my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedome and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdome I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my people next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctuall and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more then you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That that Reason that I have as thus informed I cannot yeild unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdome and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sense of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one precedent President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinaay Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed then Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction where Reason is not to be heard President Sir We shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their finall determination King Shew me wherever the House of Commons was a Court of Judicature of that kinde President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedome of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedome and Laws of the Subject that
here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the people Introth Sirs I shall not hold you much longer for I will onely say this to you that in truth I could have desired some little time longer because I would have put this that I have said in a little more order and a little better digested then I have done and therefore I hope you will excuse me I have delivered my Conscience I pray God that you doe take those courses that are best for the good of the Kingdome and your own salvations Dr. Juxon Will your Majesty though it may be very well known your Majesties affections to Religion ye it may be expected that you should say somewhat for t the worlds satisfaction King I thank you very heartily my Lord for that I had almost forgotten it Introth Sirs My Conscience in Religion I think is very well known to all the world and therefore I declare before you all That I die a Christian according to the profession of the Church of England as I found it left me by my Father and this honest man I think will witness it Then turning to the Officers said Sirs excuse me for this same I have a good cause and I have a gracious God I will say no more Then turning to Colonel Hacker he said Take care they doe not put me to pain and Sir this and it please you But then a Gentleman coming near the Ax the King said take heed of the Ax pray Take heed of the Ax then the King speaking to the Executioner said I shall say but very short prayers and when I thrust out my hands Then the King called to Doctor Juxon for his Night cap and having put it on he said to the Executioner Does my hair trouble you who desired him to put it all under his cap which the king did accordingly by the help of the executioner and the Bishop then the King turning to Doctor Iuxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one Stage more this Stage is turbulent and troublesome it is a short one But you may consider it will soon carry you a very great way it will carry you from earth to heaven and there you shall find a great deal of cordial joy and comfort King I goe from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Doctor Juxon You are exchanged from a Temporal to an Eternal Crown a good exchange The king then said to the executioner is my hair well Then the King took off his Cloak and his George giving his George to Doctor Juxon saying Remember Then the King put off his Doublet and being in his Wastcoat put his cloak on again then looking upon the block said to the executioner You must set it fast Executioner It is fast Sir King When I put my hands out this way stretching them out then After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands The Executioner at one blow severed his head from his body the head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortnight to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered cheifly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to to his Majesty they attended with others cloathed in mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Hearse in which it remained till three in the Afternoon about which time came the Duke of Lenox the Marquesse of Hertford the Marquesse of Dorchster the Earl of Lynsey having obtained an order from the Parliament for the Decent Enterment of the King their royal Master provided the expence thereof exceeded not five hundred pounds at their coming into the Castle they shewed their Order of Parliament to Collonel Wichcott Governour of the Castle desiring the Enterment might be in St. George's Chappel and by the form in the Common Prayer Book of the Church of England this request was by the Governour denyed saying it was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act To which the Lords replied there is a difference betwixt destroying their own Act and dispensing with it and that no power so binds its own hands as to disable it self in some cases all could not prevail the Governour persisting in the negative The Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the eight and his beloved wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other persons of Quality the body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. A Letter worthy Perusal written by King CHARLES to his Son the PRINCE from Newport in the Isle of Wight Dated November 29. 1648. Son BY what hath been said you may see how long We have laboured in the search of Peace Do not you be discourag'd to tread those wayes in all those worthy means to restore your self to your Right but prefer the way of Peace shew the greatness of your mind rather to conquer your enemies by pardoning then by punishing If you saw how unmanly and unchristianly this implacable disposition is
this your Clorious King Did you by Oaths your God and Countrie mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount Charles higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyaltie Alas two Deaths what cruelty was this The Ax design'd you might have spar'd the Kiss London did'st thou Thy Princes Life betray What could thy Sables vent no other way Or else did'st thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arme a Treasurie To bind thy King and hast thou none to free Dull blast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envie Charles His Crown Jove being fal'n the Punie-gods must down Your Raies of Honor are eclip'st in Night The Sun is set from whence You drew your Light Religion Vail's her self and Mourns that She Is forc'd to own such horrid Villanie The Church and State do shake the Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears Charles is of light bereav'n And snuft on Earth to shine more bright in Heav'n FINIS Englands Black Tribunall THE SECOND PART Set forth in the DYEING SPEECHES And manner of Putting to Death of viz. Earl of Strafford Archbishop of Canterbury Duke of Hamilton Earl of Holland Lord Capell Earl of Derby Sir Alex. Carew Sir John Hotham Capt. John Hotham Mr. Nath. Tompkins Mr. Chaloner Coll. Jo. Moris Cor. Blackburn Coll. Andrews Sir Henry Hide Coll. Gerrard Mr. Peter Vowell Coll. Penruddock Capt. Hugh Grove Sir Hen. Slingsby Doctor Jo. Hewit London Printed 1660. The Earl of Straffords Speech or the conclusion of his Defence before the Lord High Steward and the rest of the Lords sitting in Westminster Hall April 12. 1641. Together with his Speech on the Scaffold immediately before his Execution on Tower-Hill May 12. 1641. MY Lords There yet remains another Treason that I should be guilty of the endeavouring to subvert the fundamental Lawes of the Land that they should now be Treason together that is not Treason in any one part of Treason accumulative that so when all will not do it is woven up with others it should seem very strange Under favour my Lords I do not conceive that there is either Statute Law nor Common-Law that doth declare the endeavouring to subvert the fundamentall Laws to be high treason For neither Statute Law nor Common-Law written that ever I could hear of declareth it so And yet I have been diligent to enquire as I believe you think it doth not concern me to do It is hard to be questioned for life and honour upon a Law that cannot be shown There is a rule which I have learned from Sir Edward Cooke De non apparentibus non existentibus eadem ratio Jesu where hath this fire lain all this while so many hundreds of years without any smoak to discover it till it thus burst out to consume me and my children extreme hard in my opinion that punishment should precede promulgation of Law punished by a Law subsequent to the Acts done Take it into your considerations for certainly it is now better to be under no Law at all but the will of men then to conform our selves under the protection of a Law as we think and then be punished for a crime that doth precede the Law what man can be safe if that be once admitted My Lords it is hard in another respect that there should be no token set upon this offence by which we should know it no admonition by which we should be aware of it If a man passe down the Thames in a Boat and it be split upon an Anchor and no booy be set as a token that there is an Anchor there that party that owes the Anchor by the Maritine Lawes shall give satisfaction for the dammage done but if it were marked out I must come upon my own peril Now where is a mark upon this crime Where is the token this is high treason If it be under water and not above water no humane providence can availe nor prevent my destruction Lay aside all humane wisdom and let us rest upon divine Revelation if you will condemn before you forewarn the danger Oh my Lords may your Lordships be pleased to give that regard unto the Peerage of England as never to suffer our selves to be put on those nice points upon such contractive interpretations and these are where Laws are not clear or known If there must be a tryal of wits I do humbly beseech you the subject and matter may be somewhat else then the lives and honours of Peers My Lords we find that the primitive times in the progression of the plain Doctrine of the Apostles they brought the Books of Curious Arts and burned them And so likewise as I do conceive it will be wisdom and providence in your Lordships for your posterity and the whole Kingdom to cast from you into the fire these bloody and most mysterious Volumes of constructive and Arbitrary Treason and to break your selves to the plain Letters of the Law and Statute that telleth us where the crime is and by telling what is and what is not shews us how to avoid it And let us not be ambitious to be more wise and learned in the killing Arts then our forefathers were It is now full two hundred and forty years since ever any man was touched for this alledged crime to this height before my self we have lived happily to our selves at home and we have lived gloriously to the world abroad Let us rest contented with that our fathers left us and not awaken those sleepy Lions to our own destructions by raking up a few musty Records that have lyen so many ages by the walls quite forgotten and neglected May your Lordships be Nobly pleased to adde this to those other mis-fortunes befallen me for my sins not for my Treasons that a president should be derived from me of that disadvantage as this will be in the consequent to the whole Kingdom I beseech you seriously to consider it and let not my particular cause be looked upon as you do though you wound me in my interest in the Common-wealth and therefore those Gentlemen say that they speak for the Common-wealth yet in this particular I indeed speak for it and the inconveniencies and mischiefes that will heavily fall upon us for as it is in the first of Henry the fourth no man will after know what to do or say for fear Do not put my Lords so great difficulties upon the Ministers of State that men of wisdome honour and vertue may not with cheerfulnesse and safety be imployed for the publick if you weigh and measure them by grains and scruples the publick affaires of the Kingdome will be laid wast and no man will meddle with them that hath honours issues or
any man could be and God Almighty I hope has forgiven me my sins and I desire you all to pray to God for me that I may be forgiven I hope God Almighty will forgive the Parliament and the Court Martial and all men that have had any thing to do with my death And Gentlemen I thank this Noble Gentleman for putting me in mind of it and I pray God bring more things to my memory and Gentlemen look to it all as I I have received many mercies I have been ingrateful to God Almighty and God Almighty hath let me see that though for this offence whereof I am accused he hath not done it yet he hath brought this affliction upon me to save my soul by Christ Jesus merits for alas this affliction is nothing to all my sins God Almighty kept me from my Trial at St. Albans and other places to bring me to this that I hope I shal glorifie God in And his blessed name be ever glorified Then Mr. Peters added THis is that I have now to say It hath been my Lot to spend much time with Sir John Hotham Gentlemen this is that he would have me to declare unto you that you may see in him the vanity of all things here below he hath lived in abundance of plenty and his estate hath been very large he hath been a man of 3000l a year and he had much money by him in the beginning of his daies he was a Souldier in the Low-Countries at the battel at Prague he does profess that in the places he lived in in the North part of England there was much ignorance through want of faithfull Preachers And I do wonder at it since the Reprieve came I have found the mercy of God revealed to him more every day then other especially by means of the Ministers whose bosomes God hath opened towards him Pray be pleased to take notice of his desire that you should see by him the vanity of wit parts prowesse strength or honour or any thing that comes by men After this he said Sir John Hotham desired him to let him know that upon his first going out a Souldier his Father seeing him on Horse-back spake to him thus Son when the Crown of England lies at stake then you will have fighting enough without going out of the land The Speech or Sermon of the most Reverend Father in God William Lord Archbishop of Canterbury Immediately before his Execution on the Scaffold on Tower-Hill January 10. 1644. Upon HEB. 12.1 2. Let us run with patience that race that is set before us looking unto Jesus the author and finisher of our faith who for the joy that was set before him endured the Crosse despising the shame and is set down at the right hand of the Throne of God Good People YOu 'l pardon my old Memory and upon so sad occasions as I am come to this place to make use of my papers I dare not trust my self otherwise Good People This is a very uncomfortable time to preach in and yet I shall begin with a Text of Scripture in the twelfth of the Hebrewes Let us run with patience that race that is set before us looking unto Jesus the author and finisher of our faith who for the joy that was set before him endured the Crosse despising the shame and is set down at the right hand of the Throne of God I have been long in my race and how I have looked unto Jesus the Author and finisher of my faith is best known to him I am now come to the end of my race and here I find the Crosse a death of shame but the shame must be despised or there is no coming to the right hand of God Jesus despis'd the shame for me and God forbid but I should despise the shame for him I am going apace as you see towards the Red-sea and my feet are upon the very brinks of it an argument I hope that that God is bringing me to the Land of Promise for that was the way by which of old he led his people But before they came to the Sea he instituted a passe-over for them a Lamb it was but it was to be eaten with very sowre Herbs as in the Twelfth of Exodus I shall obey and labour to digest the sowre Herbs as well as the Lamb and I shall remember that it is the Lords Passeover I shall not think of the Herbs nor be angry with the hands that gathered them but look up onely to him who instituted the one and governeth the other For men can have no more power over me then that which is given them from above I am not in love with this passage through the red-Sea for I have the weaknesse and infirmity of flesh and bloud in me and I have prayed as my Saviour taught me and exampled me Ut transiret calix iste That this Cup of red Wine might passe away from me but since it is not that my will may his will be done and I shall most willingly drink of this Cup as deep as he pleases and enter into this Sea and passe through it in the way that he will be pleased to lead me And yet Good People it would be remembred That when the Servants of God old Israel were in this boisterous Sea and Aaron with them the Egyptians which persecuted them and did in a manner drive them into that Sea were drowned in the same waters while they were in pursuit of them I know my God whom I serve is as able to deliver me from this Sea of Bloud as he was to deliver three Children from the furnace as Daniel 3. And I most humbly thank my Saviour for it my Resolution is now as theirs was then their Resolution was They would not worship the Image the KING had set up nor shall I the Imaginations which the PEOPLE are setting up nor will I forsake the Temple and the truth of GOD to follow the Bleating of Jeroboams Calves in Dan and in Bethel And I pray God blesse all this People and open their eyes that they may see the right way for if it fall out that the blind lead the blind doubtlesse they will both into the ditch For my self I am and I acknowledged it in all humility a most grievous sinner many waies by thought word and deed and therefore I cannot doubt but that GOD hath mercy in store for me a poor penitent as well as for other sinners I have upon this sad occasion ransack'd every corner of my heart and yet I thank God I have not found any of my sins that are there any sins now deserving death by any known Law of this Kingdom and yet thereby I charge nothing upon my Judges I humbly beseech you I may rightly be understood I charge nothing in the least degree upon my Judges for they are to proceed by proof by valuable Witnesses and in that way I or any Innocent in the world may justly be
to make a question of it I should shame my self and my discretion In the strictnesse of that Law something is done by me that is applicable to some clause therein by which I stand condemnable the means whereby I was brought under that interpretation of that which was not in my self intended maliciously being testimony given by persons whom I pity so false yet so positive that I cannot condemn my Judges for passing sentence against me according to legall Justice for equity lieth in higher breasts As for my accusers or rather betrayers I pity and am sorry for them they have committed Judas his crime but I wish and pray for them Peters tears that by Peters repentance they may escape Judas his punishment and I wish other people so happy they may be taken up betimes before they have drunk up more bloud of Christian men possibly less deserving then my self It is true there have been severall addresses made for mercy and I will put the obstruction of it upon nothing more then upon my own sin and seeing God sees it sit having not glorified him in my life I might do it in my death which I am contented to do I profess in the face of God particular malice to any one of State or Parliament to do them a bodily injury I had none For the cause in which I had long waded I must needs say my engagement or continuance in it hath laid no scruple upon my Conscience it was on principles of Law the knowledge whereof I professe and on principles of Religion my Judgment satisfied and Conscience rectified that I have pursued those ways which I bless God I find no blackness upon my Conscience nor have I put it into the bed-roll of my sins I will not presume to decide controversies I desire God to honour himself in prospering that side that hath right with it and that you may enjoy peace and plenty when I shall enjoy peace and plenty beyond all you possess here in my conversation in the world I do not know where I have an enemy with cause or that there is such a person whom I have to regret but if there be any whom I cannot recollect under the notion of Christian men I pardon them as freely as if I had named them by name I freely forgive them being in free peace with all the world as I desire God for Christs sake to be at peace with me For the business of death it is a sad sentence in it self if men consult with flesh and blood But truly without boasting I say it or if I doe boast I boast in the Lord I have not to this minute had one consultation with the flesh about the blow of the Axe or one thought of the Axe more then as my passe-port to glory I take it for an honour and I owe thankfulness to those under whose power I am that they have sent me hither to a place however of punishment yet of some honour to die a death somewhat worthy of my bloud answerable to my birth and qualification and this courtesie of theirs hath much helped toward the pacification of my mind I shall desire God that those Gentlemen in that fad beadrol to be tried by the H. Court of Justice that they may find that really there that is nominall in the Act an H. Court of Justice a Court of high Justice high in its righteousness though not in its severity Father forgive them and forgive me as I forgive them I desire you now that you would pray for me and not give over praying till the hour of death not till the moment of death for the hour is come already that as I have a great load of sins so I may have the wings of your prayers to help those Angels that are to convey my soul to Heaven and I doubt not but I shall see my Saviour my gallant Master the King of England and another Mr. whom I much honoured my Lord Capel hopeing this day to see my Christ in the presence of the Father the King in the presence of him my Lord Capel in the presence of them all and my self there to rejoyce with all other Saints and Angels for evermore D. Swadling he being upon the Scaffold spake as followeth unto the Colonel You have this morning in the presence of a few given some accompt of your Religion and under general notions or words have given an accompt of your faith charity and repentance To those on the Scaffold If you please to hear the same questions asked here you shall that it may be a generall testimony to you all that he died in the favour of God To the Colonel Now Sir I being to deal with you do you acknowledge that this stroke that you are to suffer is a just punishment laid upon you by God for your former sins Col. Andrews I dare not only not deny it but dare not but confess it I have no opportunity of glorifying God more then by taking shame to my self and I have a reason of the justice of God in my own bosome which I have put to your bosome Doctor You acknowledg that you deserve more then this stroak of the Axe and that a farre greater misery is due to you even the pains and torments of Hell that the damned there endure Col. I know it is due in righteous Judgment but I know again I have a satisfaction made by my elder Brother Christ Jesus and then I say it is not due 't is due from me but quitted by his righteousness Doct. Do you believe to be saved by that Mediator and none others Col. By that and that only renouncing all secondary causes whatsoever Doct. Are you truly and unfainedly sorry before God as you appear to us for all those sins that have brought you hither Col. I am sorry and can never be sorrowful enough and am sorry I can be no more sorry Doct. If God should by a miracle not to put you to a vain hope but if God should as he did to Ezekiah renew your daies what life doe you resolve to lead hereafter Col. It is a question of great length and requires a great time to answer Men in such straits would promise great things but I would first call some freinds to limit how far I should make a Vow that I might not make a rash one and to offer the Sacrifice of fools but a Vow I would make and by Gods help endeavour to keep it Doct. Do you wish health and happiness upon all lawfull Authorities and government Col. I do prize all obedience to lawfull government and the adventuring against them is sinfull and I do not justifie my self what ever my judgment be for my thus venturing against the present Government I leave it to God to judge whether it be righteous if it be it must stand Doct. Are you now in love and charity with all men do you freely forgive them Col. With all the world freely and the
blessings upon them I accuse no man I find fault nor quarrell with no man neither with the persons that were the occasions they were but instruments neither at the persons condemning I accept thankfully the Sentence of Death upon my self and I beseech Almighty God that I may be the last that may suffer upon this score or upon any other Master Sheriff If there be any thing wherein I can give any other satisfaction to any Christian whatsoever in any kind as I spake in generall I bless Almighty God from my own Heart now so assisted by the especiall Operation and Motions and Dictates of the Holy Ghost if I can know any thing wherein or how to be now in my dying not having served God so well in my life serviceable to the Church of God of Christ and the full satisaction of any whatsover I am here ready I am unacquainted but in my extasies to Heaven there is that Glory I am going to I beseech Almighty God that he will give me grace to bless his holy Name as for all as for Jesus Christ and in him all things so particularly for this that he hath thought me worthy to bring me hither for my faithfulness to my Master that is the most pious and most just Prince in all the world My Master hath suffered bitterly in England and if there be any failing in his service the fault is onely mine God knows I have done nothing in the business but by the instance of the Merchants I delivered my Letters and there they lie To other things I am a Stranger I hope that God will give me the grace of perseverance in that Christian Religion in that loyalty to my Prince in that love to all the World that now being to give up my accompt to him that I may with comfort be received in the arms of his mercy If there be any thing Master Sheriff that I may give satisfaction in I am ready to do it according to the poor talent I have I will receive my punishment in the way God hath prepared for me and many ways I have been taken up Truly I am bound to all that see me and many thousands more since I came into England not an uncivil look we had strange reports abroad not an uncivil look from any God repay them all and return them from the Throne of his Grace into their own Bosoms And God in particular bless that Honourable Lady who was the occasion of the coming of my Lords Grace of Armagh with the Confirmation of those glorious and eternal Messages of Comfort which now I am going to enjoy being thankfull to all those that know me and know me not for since I am come hither whereas I might have received prejudice in respect to my Loyalty which is not the way now I have from them all received courtesie the Lord repay them I thank God I am otherwise bred and my Allegiance hath been incorporated imbodied into my Religion and besides the great desires of other Gentlemen that I might goe out of the World but that the world might see that the Grace of God hath had a perfect Reformation in me and a willing and thankfull Submission to his Will therefore I repent me not of it but I beseech Almighty God to bless and prosper all people whatsoever that to this Kingdome belong As my Speech is imperfect so is my Health I have forced my self in this Discourse to give that satisfaction which I could And I beseech you Mr. Sheriff if you can hear of any Gentlemen that are wronged what I offer here I am to answer it and I beseech you joyn with me in your Christian Prayres that I may have a passage whither I am now going to give an account not only of every deed but of every word Then turning to his Man he said Sir H. Hide John Which is the Executioner The Executioner being brought to him he said Sir H. Hide Honest Friend I have no quarrel with you you are the welcome instrument do your work only let me see the place that I may fit my self for I have an infirm body Sheriff You shall when you have prayed if you please to pray first Sir H. Hide I desire to see the Block I can pray afterwards Here Mr. Executioner is that money that is left here is Four pounds for you Then being shewed the Block he kissed it saying Sir H. Hide It is unworthy for me to put my Head where my Masters was Blessed be God Blessed be his holy Name putting off his Hat I have an infirmity in my Body but God hath enabled me inwardly Pray M. Sheriff let me have a little more room Sheriff Go to Prayer and we will clear the room Sir H. Hide I have I thank Almighty God done those Christian Offices belonging to me at home I come hither only to die Then kneeling down he said the Lords prayer Then having prayed a short space he stood up and turning to the Executioner said Sir H. Hide Honest Friend I pray give me direction what I am to doe and doe your Office You will cure all diseases presently pray direct me Then the Executioner going to spread the Scarf over the Block he said Sir H. Hide Put it not on now but by and by D. Hide God Almighty strengthen you Sir H. Hide God reward you all Then the Executioner going to put up his Hair under his Sattin Cap he thought he had been taking of it off Whereupon he said Sir H. Hide Must I have my black Cap off it is very cold all these Diseases will be cured the Lord be thanked Then going to lie down his Man not helping him he said Sir H. Hide John help me a little I pray Did not I tell you I could neither rise nor fall lay me down and lift me up again John Then rising again upon his knees he spake to the Executioner having the Ax in his hand Sir H. Hide Pray Sir give me the Ax. And then taking the Ax in his hand he kissed it and returned it to the Executioner again saying Sir H. Hide I will only say Lord Jesus receive my Soul and when I lift up my Right-hand do your work And then lying down again after a little space he lift up his Right-hand and the Executioner at one stroke severed his Head from his Body The speech of James Earl of Derby upon the Scaffold at Bolton in Lancashire together with his Deportment and prayer before his death on Wednesday the 15. day of October 1651. THe Earl of Derby according to the order of the Court Marshall held at Chester by which he was sentenced to die at Bolton in Lancashire was brought to that Town with a guard of Horse and Foot of Colonel Jones's commanded by one Southley who received his order from Colonel Robert Duckenfield betwixt 12. and 1. of the clock on Wednesday the 15. of October the people weeping praying and bewailing him all the way from the prison
Gospel it bloweth where it listeth So now Treason is what they please and lighteth upon whom they will Indeed no man except he will be a Traitour can avoid this Censure of Treason I know not to what end it may come but I pray God my own and my Brothers bloud that is now to die with me may be the last upon this score Now Gentlemen you may see what a condition you are in without a King you have no Law to protect you no rule to walk by when you perform your duty to God your King and Country you displease the Arbitrary power now set up I cannot call it government I shall leave you peruse my Tryal and there you shall see what a condition this poor Nation is brought into and no question will be utterly destroyed if not restored by Loyal Subjects to its old and glorious Government I pray God he lay not his Judgements upon England for their sluggishnesse in doing their duty and readinesse to put their hands in their bosoms or rather taking part with the Enemy of Truth The Lord open their eyes that they may be no longer lead or drawn into such snares else the Child unborn will curse the day of their Parents birth God Almighty preserve my Lawful King Charles the second from the hands of his Enemies and break down that wall of Pride and Rebellion which so long hath kept him from his just Rights God preserve his Royal Mother and all his Majesties Royal Brethren and incline their hearts to seek after him God incline the hearts of all true English men to stand up as one Man to bring in the King and Redeem themselves and this poor Kingdom out of its more then Egyptian slavery As I have now put off these garments of cloth so I hope I have put off my garments of sin and have put on the Robes of Christs Righteousness here which will bring me to the enjoyment of his glorious Robes anon Then he kneeled down and kissed the block and said thus I commit my soul to God my Creator and Redeemer Look on me O Lord at my last gasping Hear my prayer and the prayers of all good people I thank thee O God for all thy dispensations to wards me Then kneeling down he prayed most devoutly as followeth O Eternall Almighty and most mercifull God the Righteous Judge of all the world look down in mercy on me a miserable sinner O blessed Jesus Redeemer of Mankind which takest away the sinnes of the world let thy perfect manner of obedience be presented to thy Heavenly Father for me Let thy precious death and bloud be the ransome and satisfaction of my many and haynous transgressions Thou that sittest at the right hand of God make intercession for me O holy and blessed Spirit which are the comforter fill my heart with thy consolations O holy blessed and glorious Trinity be mercifull to me confirm my faith in the promises of the Gospel revive and quicken my hope and expectation of joyes prepared for true and faithful servants Let the infinite Love of God my Saviour make my love to him stedfast sincere and constant O Lord consider my condition accept my tears asswage my grief give comfort and confidence in thee impute not unto me my former sinnes but most mercifull Father receive me into thy favour for the merits of Christ Jesus Many and grievous are my sins for I have sinned many times against the light of knowledg against remorse of conscience against the motions and opportunities of grace But accept I beseech thee the sacrifice of a broken and contrite heart in and for the perfect sacrifice oblation and satisfaction of thy Son Jesus Christ O Lord receive my soul after it is delivered from the burthen of the flesh into perfect-joy in the sight and fruition of thee And at the generall resurrection grant that my body may be endowed with immortality and received with my soul into glory I praise thee O God I acknowledge thee to be the Lord. O Lamb of God that takest away the sinnes of the world have mercy on me Thou that sittest at the right hand of God hear my prayer O Lord Jesus Christ God and Man Mediatour betwixt God and Man I have sinned as a Man be thou mercifull to me as a God O holy and blessed Spirit help my infirmities with those sighs and groans which I cannot expresse Then he desired to see the Axe and kissed it saying I am like to have a sharp passage of it but my Saviour hath sweetned it unto me Then he said if I would have been so unworthy as others have been I suppose I might by a lie have saved my life which I scorn to purchase at such a rate I defie such temptations and them that gave them me Glory be to God on high On Earth peace Good will towards Men. And the Lord have mercy upon my poor soul Amen So laying his Neck upon the block after some private Ejaculations he gave the Heads-man a sign with his hand who at one blow severed his head from his body The Speech of that piously resolved Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded the 16. day of May 1655. in the Castle at Exon. Good people I Never was guilty of much Rhetorick nor ever loved long Speeches in all my life and therefore you cannot expect either of them from me now at my death All that I shall desire of you besides your hearty prayers for my soul is That you would bear me witnesse I die a true son of the Church of England as it was established by King Edward the sixth Queen Elizabeth King James and King Charles the first of ever blessed memory That I die a Loyall subject to King Charles the second my undoubted Soveraign and a lover of the good old Laws of the Land the just priviledges of Parliaments and Rights and Liberties of the People for the re-establishing of all which I doe undertake this ingagement and for which I am ready to lay down my life God forgive the bloudy-minded Jury and those that procured them God forgive Captain Crook for denying his Articles so unworthily God forgive Mr. Dove and all other persons swearing so malitiously and falsely against me God forgive all my enemies I heartily forgive them God blesse the King and all that love him turn the hearts of all that hate him God blesse you all and be mercifull to you and to my Soul Amen And so meekly laying his neck to the block and giving a signe his head at one blow and a draw of the axe was severed from his body The manner of the Execution of Sir Henry Slingsby on Tuesday the 8. of June 1658. With the substance of his speech before his Death ABout Eleven of the clock Sir Henry Slingsby was brought from the Tower to the Scaffold on Tower-Hill whither being come he fell upon his knees and for a short space prayed