bring this Design to pass he hath prosecuted it with Fire and Sword Levied and maintained a cruel VVar in the Land against the Parliament and Kingdom whereby the Country hath been miserably wasted the Publick Treasure Exhausted Trade decayed thousands of People murdered and infinite 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 VVhereas 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 distempers of the Kingdom did forbear to proceed Judicially against him but found by sad Experience that such their Remisness served only to encourage him and his Complices in the continuance of their evil practices and in raising of new Commotions Rebellions and Invasions for prevention therefore of the like or greater Inconveniences and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Nation and to expect Impunity for so doing Be it Ordained and Enacted by the Commons in Parliament and it is hereby Ordained and Enacted by Authority thereof That Thomas Lord Fairfax Oliver Cromwell Henry Ireton Esquires Sir Hardress Waller Knight Philip Skippon Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingoldsby Henry Mildmay Esquires Sir Thomas Honywood Thomas Lord Grey of Groby Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Sir James Harrington Sir William Allanson Sir Henry Mildmay Sir Thomas Wroth Knights Sir William Masham Sir John Barrington Sir William Brereton Baronets Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Rowland Wilson Aldermen of the City of London Sir Peter Wentworth Knight of the Bath Henry Martin William Purefoy Godfrey Bosvile John Trenchard Herbert Morley John Berkstead Matthew Tomlinson John Blackiston Gilbert Millington Esquires Sir William Constable Baronet Edmond Ludlow John Lambert John Hutchinson Esquires Sir Arthur Hesilrige Sir Michael Livesey Baronets Richard Salwey Humphry Salwey Robert Tichbourn Owen Roe Robert Manwaring Robert Lilbourn Adrian Scroop Richard Deare John Okey Robert Overton John Huson John Desborough William Goff Robert Duckenfield Cornelius Holland John Carey Esquires Sir William Armyn Baronet John Jones Esquire Miles Corbet Francis Allen Thomas Lister Benjamin Weston Perigrin Pelham John Gourdon Esquires Francis Thorp Serjeant at Law John Nutt Thomas Challoner Algernon Sydney John Anlaby John Moore Richard Darley VVilliam Say Joh. Aldred John Fagg James Nelthorp Esquires Sir VVilliam Roberts Knight Francis Lastells Alexander Rigby Henry Smith Edmond VVild James Challoner Josias Berners Dennis Bond Humphrey Edwards Gregory Clement John Fry Thomas VVogan Esquires Sir Gregory Norton Baronet John Bradshaw Serjeant at Law Edmond Harvey John Dove John Ven Esquires Iohn Fowks Alderman of the City of London Thomas Scot Esquire Thomas Andrews Alderman of the City of London William Cawley Abraham Burrell Anthony Stapeley Roger Gratwick Iohn Downs Thomas Horton Thomas Hammond George Fenwick Esquires Robert Nicholas Serjeant at Law Robert Reynolds Iohn Lisle Nicholas Love Vincent Potter Esquires Sir Gilbert Pickering Baronet Iohn Weaver Roger Hill Iohn Lenthall Esquires Sir Edward Banton Iohn Corbet Thomas Blunt Thomas Boon Augustine Garland Augustine Skinner Iohn Dixwell George Fleetwood Simon Meyne Iames Temple Peter Temple Daniel Blagrave Esquires Sir Peter Temple Knight and Baronet Thomas VVayte Iohn Brown Iohn Lowry Esquires Shall be and are hereby Appointed and Required to be Commissioners and Judges for the Hearing Trying and Adjudging of the said Charles Stuart And the said Commissioners or any Twenty or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster and to adjourn from time to time and from place to place as the said High Court or major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned and for the receiving of his personal Answer thereunto and for the examination of VVitnesses upon Oath which the Court hath hereby Authority to administer or otherwise and taking any other Evidence concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and such final Sentence to execute or cause to be executed speedily and impartially And the said Court is hereby Authorized and required to appoint and direct all such Officers Attendants and other circumstances as they or the major part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises And Thomas Lord Fairfax the General and all Officers and Soldiers under his command and all Officers of Justice and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed Provided That this Act and the Authority hereby granted do continue in force for the space of one Month from the making hereof and no longer Hen. Scobell Cler. Par. Dom. Com. In pursuance of which said Act the House of Commons Ordered as followeth viz. Die Sabbati 6. Jan. 1648. ORdered by the Commons Assembled in Parliament That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart King of England do meet on Monday next at two of the Clock in the afternoon in the Painted Chamber By virtue of which said recited Act and of the said Order grounded thereupon the Commissioners whose Names are here under-written met on Monday the said eighth day of January 1648. in the said Painted Chamber at Westminster where the said Act was openly read and the Court called Commissioners Present Thomas Lord Fairfax Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Valentine Wauton Edward Whaley Thomas Pride Isaac Ewers Sir Gregory Norton Bar. Peter Temple Esq John Ven Esq Thomas Challoner Esq Henry Martin Esq John Berkstead Esq Gilbert Millington Esq Richard Deane Esq Cornelius Holland Esq John Jones Esq John Aldred Esq Henry Smith Esq John Lisle Esq James Temple Esq Adrian Scroope Esq Edmond Ludlow Esq John Huson Esq Thomas Harrison Esq Nicholas Love Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho Maleverer Bar. Sir John Bourchier Sir Henry Mildmay James Challoner Esq Gregory Clement Esq John Fry Esq Augustine Garland Esq Daniel Blagrave Esq Robert Tichbourn Esq Wil. Heveningham Esq William Purefoy Esq John Blackistone Esq William Lord Mounson John Okey Esq John Carew Esq
Two of the Clock Sabbathi 13 Jan. 1648. Proclamation being made and all Parties Concerned required to give Attendance the Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwel Esq Henry Ireton Esq Sir Hardress Waller Kt. Edward Whaley Esq Thomas Pride Esq Isaac Ewer Esq Sir John Danvers Sir Gregory Norton William Purefoy Esq John Blackistone Esq Gilbert Millington Esq Sir William Constable Bar. John Hutchinson Esq William Goff Esq Cornelius Holland Esq John Carew Esq Thomas Challoner Esq Algernon Sydney Esq William Say Esq John Fagg Esq Francis Lassels Esq Valentine Wauton Esq Henry Smith Esq Humphrey Edwards Esq John Fry Esq Sir Thomas Maleverer Bar. William Heveningham Esq John Dove Esq John Venn Esq Tho. Scot Esq John Downes Esq Adrian Scroope Esq John Lisle Esq Augustine Garland Esq John Dixwell Esq Daniel Blagrave Esq John Browne Esq The Court being to make further preparations for the King's Tryal sit private The Serjeant at Arms is Authorized to employ such other Messengers as shall be needful for the service of the Court giving in their Names to the Clerks of this Court Ordered That the Serjeant at Arms do search and secure the Vaults under the Painted Chamber taking such Assistance therein from the Souldiery as shall be needful Mr. Garland reporteth from the Committee for considering of the place for the King's Trial and the Court thereupon Ordered That the said Tryal of the King shall be in Westminster-Hall That the Place for the King's Tryal shall be where the Courts of King's Bench and Chancery sit in Westminster-Hall and that the Partitions between the said two Courts be therefore taken down and that the Committee for making Preparations for the King's Tryal are to take care thereof accordingly The Court Adjourned it self till Monday at Two of the Clock in the Afternoon to this Place Lunae 15 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called openly Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Dean Esq John Berkstead Esq Isaac Ewer Esq Robert Lilbourn Esq Thomas Hamond Esq Edward Whaley Esq Thomas Pride Esq Thomas Lord Grey of Groby William Lord Mounson Sir John Danvers Sir Tho. Maleverer Bar. Sir Tho. Wroth. Robert Wallop Esq Henry Martin Esq William Purefoy Esq Gilbert Millington Esq Edmond Ludlow Esq John Hutchinson Esq Adrian Scroope Esq John Okey Esq John Huson Esq Peregrine Pelham Esq Thomas Challoner Esq John Moore Esq John Aldred Esq Henry Smith Esq James Challoner Esq Humphrey Edwards Esq Vincent Potter Esq Augustine Garland Esq James Temple Esq Daniel Blagrave Esq John Blackistone Esq Oliver Cromwell Esq Robert Tichbourne Esq John Jones Esq John Downs Esq Sir Hardress Waller Thomas Horton Esq Henry Ireton Esq Algernon Sydney Esq Peter Temple Esq Nicholas Love Esq Valentine Wauton Esq John Lisle Esq John Venn Esq Cornelius Holland Esq Thomas Scot Esq Sir William Constable Bar. Herbert Morley Esq Miles Corbet Esq John Fry Esq William Goff Esq John Fagg Esq John Carew Esq Sir Henry Mildmay Sir Gregory Norton Bar. Here the Court sit private The Councel attended and presented to the Court the Draught of a Charge against the King which being read the Court appointed Commissary General Ireton Mr. Millington Mr. Marten Col. Harvey Mr. Challoner Col. Harrison Mr. Miles Corbet Mr. Scot Mr. Love Mr. Lisle Mr. Say or any three of them to be a Committee to whom the Councel might resort for their further Advice concerning any thing of difficulty in relation to the Charge against the King who were likewise with the Councel to compare the Charge against him with the Evidence and to take care for the preparing and fitting the Charge for the Courts more clear Proceedings in the Businesses as likewise to advise of such general Rules as are fit for the Expediting the Business of the said Court and to meet the Morrow Morning at Eight of the Clock in the Queens Court. Col. Ludlow Col. Purefoy Col. Hutchinson Col. Scroope Col. Deane Col. Whalley Col. Huson Col. Pride Sir Hardress Waller Sir William Constable together with the Committee for making Preparations for the King's Tryal or any three of them are appointed a Committee to consider of the manner of bringing the King to the Court at his Tryal and of the Place where he shall be kept and lodge at during his said Tryal and to take consideration of the secure Sitting of the said Court and placing the Guards that shall attend it and are to meet to morrow morning at Eight of the clock in the Inner Star-Chamber The Court taking Notice of the Nearness of Hilary-Term and necessity they apprehended of Adjourning it in regard of the King's Tryal thereupon were of Opinion that it is fit that a Fortnight of the said Term be Adjourned and Mr. Lisle is desired to move the House therein Three Proclamations The Court Adjourned it self till Wednesday next at Eight in the Morning Mercurii 17 Jan. 1648. Three Proclamations are made and all Parties concerned are required to give Attendance The Court is called Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Esq Edward Whaley Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho. Maleverer Bar. Sir Hardress Waller John Blackistone Esq John Berkstead Esq Sir William Constable John Hutchinson Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson Augustine Garland Simon Meyne Peter Temple John Brown Thomas Scot. Thomas Lister John Jones Vincent Potter Daniel Blagrave William Say Nicholas Love Robert Lilbourne William Goffe John Carew Thomas Pride Francis Allen. Peregrine Pelham John Moore Francis Lassels Henry Smith James Challoner Humphrey Edwards John Fry Sir Gregory Norton John Venn William Cawley Thomas Horton Thomas Hammond Isaac Ewers Cornelius Holland Sir John Bourchier Edmond Ludlow Edmond Harvey Edmond Wild. Thomas Heath William Heveningham Henry Marten William Purefoy John Lisle Ordered That the Commissioners of this Court who have not hitherto appeared be summoned by Warrants under the Hands of the Clerks of this Court to give their Personal Attendance at this Court to perform the Service to which they are by Act of the Commons of England Assembled in Parliament appointed and required Ordered That the Serjeant at Arms attending this Court or his Deputy do forthwith Summon all the aforesaid Commissioners making default who reside or dwell within twenty Miles of London Particular Warrants to every one of them were accordingly issued forth for their Attendance Upon Report made by Col. Hutchinson from the Committee to consider of the manner of bringing the King to Tryal c. the Court Order as followeth viz. Ordered That Sir Robert Cotton's House be the place where the King shall lodge during his Tryal That the Chamber in Sir Robert Cotton 's House next the Study there shall be the King's Bed-Chamber That the Great Chamber
before the said Lodging-Chamber be for the King's Dining-Room and that a Guard consisting of Thirty Officers and other choice Men do always attend the King who are to attend him at his Lodging above Stairs and that Two of the said Thirty do always attend in his Bed-Chamber That Place for a Court of Guard for 200 Foot-Soldiers be built in Sir Robert Cotton 's Garden near the Water-side That Ten Companies of Foot be constantly upon the Guards for securing Sir Robert Cotton's House and those Companies to be Quartered in the Court of Requests the Painted Chamber and other necessary Places thereabouts That the Passage that cometh out of the Old Palace into Westminster-Hall be made up at the Entrance of the said Passage next the said Guard That the top of the Stairs at the Court of Wards Door have a cross Barr made to it That the King be brought out of Sir Robert Cotton's House to his Tryal the lower way into Westminster-Hall and so brought to the Barr in the Face of the Court attended by the above-said Guard above Stairs That Two Rayls of about forty foot distance from the Place where this Court shall Sit in Westminster-Hall be made cross the said Hall for the effectual and substantial doing whereof this Court do refer it to the care of the Committee appointed to consider of the manner of bringing the King to Tryal who are likewise to take care for raising the Floor in such part of the Hall as they shall think fit for placing of the Guards and that a Rayl or Rayls from the Court down to the Hall-Gate be made in such manner as they shall think fit on the Common-Pleas side to keep the People from the Soldiers That there be â—â—ards set upon the Leads and other places that have Windows to look into the Hall That the General be desired from time to time to send and appoint convenient Guards of Horse for the convenient Sitting of the Court. That Twenty Officers or other Gentlemen do attend upon the Lord President from time to time to and from this Court through Westminster-Hall That the Officers of the Ordnance do send unto this Court 200 Halberts or Partizans lying within the Tower of London for the Arming of the Guards that are to attend this Court That at the time of the Tryal of the King the Commissioners do before their Sitting in the Court meet in the Exchequer-Chamber and do from thence come up the Hall into the Court. That all Back-doors from the House called Hell be stopt up during the Kings Tryal That Lodgings be prepared for the Lord President at Sir Abraham Williams 's House in the New Palace-Yard during the Sitting of this Court and that all Provisions and Necessaries be provided for his Lordship That Sir Henry Mildmay Mr. Holland and Mr. Edwards do take care for providing all Provisions and Necessaries for the King during his Tryal That Sir Henry Mildmay Mr. Holland and Mr. Edwards do likewise take care for all Necessaries for the Lord President Ordered That the Committee for considering of the manner of bringing the King to Tryal do consider what Habits the Officers of this Court shall have who are to advise with some Heralds at Arms therein and concerning the Ordering of the said Officers That a Sword be carried before the Lord President at the Tryal of the King That John Humphreys Esq do bear the Sword before the Lord President That a Mace or Maces together with a Sword be likewise carried before the Lord President This Court doth Adjourn it self to Three of the Clock in the Afternoon Jan. 17. 1648. Post Meridiem Three Proclamations The Court is cleared of Strangers and they sit private The Charge against the King is presented by the Councel and Ordered to be re-committed to the Committee appointed for Advice with the Councel concerning the Charge against the King who are to contract the same and fit it for the Courts proceeding thereupon according to the Act of Parliament in that behalf And the same Committee are likewise to take care for the King 's coming to Westminster to Tryal at such time as to them shall seem meet and Lieutenant Gen. Cromwell is added to the said Committee and the Councel are to attend this Court with the said Charge to morrow at Two of the Clock in the Afternoon and thereupon Ordered That the Committee for Considering of the manner of bringing the King to Tryal do meet to Morrow Morning at Eight of the Clock in the Exchequer-Chamber The Court Adjourned it self till the Morrow at Two of the Clock in the Afternoon to the same Place Jovis 18 Jan. 1648. Three Proclamations made Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Edward Whalley Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Bar. Sir Hardress Waller John Berkstead John Blackistone Sir William Constable John Hutchinson Robert Tichbourne Cornelius Holland John Moore Richard Deane John Okey Thomas Hammond John Carew William L. Mounson John Huson Thomas Pride William Cawley Henry Smith Peter Temple Thomas Wogan George Fleetwood Francis Lassels Adrian Scroope Peregrine Pelham John Fry Sir Gregory Norton Humphrey Edwards John Venn William Purefoy Simon Meyne John Browne Herbert Morley Here the Court sit private Col. Tichbourne one of the Commissioners of this Court informeth the Court that he was with Mr. Steel Attorney of this Court and found him in his Bed very sick and by reason thereof not like to attend yet the Service of this Court according to former Order and desired him the said Colonel to signifie that he the said Mr. Steel no way declineth the Service of the said Court out of any disaffection to it but professeth himself to be so clear in the Business that if it should please God to restore him he should manifest his good Affection to the said Cause and that it is an addition to his Affliction that he cannot attend this Court to do that Service that they have expected from him and as he desires to perform The Court Adjourned it self till to morrow Two of the Clock in the Afternoon Veneris 19 Jan. 1648. Three Proclamations The Court called openly The Commissioners Present John Bradshaw Serjeant at Law Lord President Henry Ireton Sir Hardress Waller Knight Thomas Harrison Edward Whalley Isaac Ewers William Lord Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. William Heveningham William Purefoy John Barkstead John Blackistone Gilbert Millington John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Huson Cornelius Holland John Jones Peregr Pelham Thomas Challoner Algernon Sydney William Say Francis Lassells Henry Smith Humphrey Edwards John Fry Sir Gregory Norton Bar. John Dove Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple John Brown John Okey William Goffe John Carew Here the Court sate private Col.
Hutchinson Reporteth from the Committee appointed to consider of the Habits of the Officers and it is thereupon Ordered That Three Gowns be Provided for three Vshers and Three Cloaks for Three Messengers of this Court Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge against the King that the Councel have perfected the Charge and are ready to present it He likewise reporteth the Draught of an Order whereby the Charge may by the Command of this Court be exhibited together with a Form of Words the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge Which said Order and Form of Words the Court have with some Alterations agreed unto as followeth It is Ordered That Mr. Attorney and in his absence Mr. Sollicitor do in the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes against CHARLES STVART King of England and charge him thereupon in the behalf aforesaid The Form of Words are as followeth My Lord ACcording to an Order of this High Court to me directed for that purpose I do in the Name and on the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes whereof I do accuse CHARLES STVART King of England here present And I do in the Name and on the behalf aforesaid desire the said Charge may be received accordingly and due Proceedings had thereupon The Councel likewise according to Mr. Millington 's Report present a Draught of the Charge against the King which was read the first and second and third time and referred back to the said Councel to make some small Amendments as to the Form thereof Ordered That Commissary Gen. Ireton Col. Whalley Col. Harrison Sir Hardress Waller or any two of them do appoint the Thirty Persons that are by Order of the 17th Instant to attend the King and the Twenty that are to attend the Lord President Ordered That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet The Court Adjourned it self till Nine of the Clock to morrow morning Sabbathi 20 Jan. 1648. Three Proclamations and Attendance commanded Ordered That Sir Henry Mildmay be desired to deliver unto John Humphreys Esq the Sword of State in his Custody which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court The Court being sate as aforesaid before they engaged in further Business the Serjeant at Arms of the House of Commons came thither and acquainted the Court that the House wanted their Members that were of that Court the Court thereupon Adjourned till twelve of the Clock the same day The Court accordingly met at twelve of the Clock Three Proclamations made Commissioners present Painted Chamber 20 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court Tho. L. Grey of Groby Henry Martin Oliver Crowwell Henry Ireton Augustine Garland Thomas Challoner Nicholas Love William Cawley John Venn William Purefoy John Barkstead James Challoner Peter Temple Tho. Harrison Robert Tichbourne John Hutchinson Sir Gregory Norton Sir Tho. Maleverer Bar. Daniel Blagrave Owen Roe Thomas Wogan William Say Francis Lassels John Jones Sir John Bourchier John Carew John Dewnes John Fry Sir Michael Livesey Sir John Danvers Mr. Millington Sir Hardress Waller John Blakistone John Huson Humphrey Edwards Isaac Pennington Ald. of Lond. John Brown Edw. Whalley John Okey Thomas Pride Adrian Scroope Valentine Wauton Tho. Hamond James Temple Peregrine Pelham Thomas Lister Edmond Ludlow Simon Meyne Thomas Scot. Edmond Harvy William Lord Mounson Henry Smith Sir William Constable Isaac Ewers Sir Henry Mildmay Anthony Stapeley Here the Court sate private Ordered That the Form and Method of the Courts Proceeding unto and in the reading of the Commission by which they Sit sending for and bringing in the Prisoner to the Bar acquainting him in brief with the cause of his bringing thither receiving and reading the Charge and demanding what the Prisoner says thereto be referred to the discretion of the Lord President as also That in case the Prisoner shall in Language or Carriage towards the Court be insolent outragious or contemptuous that it be left to the Lord President to reprehend him therefore and admonish him of his Duty or to command the taking away of the Prisoner and if he see cause to withdraw or adjourn the Court But as to the Prisoners putting off his Hat the Court will not insist upon it for this day and that if the King desire time to Answer the Lord President is to give him time Ordered Vpon the Lord President 's Desire and Motion That Mr. Lisle and Mr. Say Commissioners of this Court be Assistants to the Lord President and for that purpose it is Ordered that they sit near the Lord President in Court Mr. Sollicitor presented the Charge against the King ingrossed in Parchment which was read and being by Mr. Sollicitor Signed was returned to him to be exhibited against the King in his presence in open Court And thereupon the Court Adjourned it self forthwith to the Great Hall in Westminster The Manner of the Tryal of Charles Stuart King of England ON Saturday being the 20 th Day of January 1648. the Lord President of the High Court of Justice his two Assistants and the rest of the Commissioners of the said Court according to the Adjournment of the said Court from the Painted Chamber came to the Bench or Place prepared for their Sitting at the West End of the Great Hall at Westminster divers Officers of the said Court one and twenty Gentlemen with Partizans and a Sword and Mace marching before them up into the Court 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 several Seats or Benches prepared and hung with Scarlet for that purpose The Lord President 's two Assistants sitting next of each side of him and the two Clerks of the Court placed at a Table somewhat lower and covered with a Turky Carpet upon which Table was also laid the Sword and Mace the said Guard of Partizans dividing themselves on each side of the Court before them Three Proclamations are made for all persons that were Adjourned over thither to draw near The Court being thus sate and Silence enjoyned the Great Gate of the Hall was set open to the intent that all persons without exception desirous to see or hear might come unto it upon which the Hall was presently filled and Silence again ordered and proclaimed After Silence proclaimed as aforesaid the Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for Trying and Judging of CHARLES STVART King of
England was openly read by one of the Clerks of the Court. The Act being read the Court was called every Commissioner present thereupon rising to his Name Commissioners present Westminster-Hall Jan. 20. 1648. John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William Lo. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Berkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Augustine Garland Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregr Pelham Francis Allen. Thomas Challoner John Moore William Say John Aldred Francis Lassells Henry Smith James Challoner Humphrey Edwards Gregory Clement John Fry Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scot. William Cawley Anthony Stapeley John Downs John Dixwell Simon Meyne James Temple Peter Temple Daniel Blagrave John Brown This done the Court command the Serjeant at Arms to send for the Prisoner and thereupon Col. Thomlinson who had the Charge of the Prisoner within a quarter of an hours space brought him attended by Col. Hacker and two and thirty Officers with Partizans guarding him to the Court his own Servants immediately attending him Being thus brought up in the Face of the Court the Serjeant at Arms with his Mace receives him and conducts him straight to the Bar having a crimson Velvet Chair set before him After a stern looking upon the Court and the People in the Galleries on each side of him he places himself in the Chair not at all moving his Hat or otherwise shewing the least respect to the Court but presently riseth 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 the Guard that attended him in the mean time dividing themselves on each side the Court and his own Servants following him to the Bar stand on the left hand of the Prisoner The Prisoner having again placed himself in his Chair with his Face towards the Court and Silence being again ordered and proclaimed the Lord President in the Name of the Court addressed himself to the Prisoner acquainting him That the Commons of England Assembled in Parliament being deeply sensible of the Evils and Calamities that had been brought upon this Nation and of the innocent Blood that had been spilt in it which was fixed upon him as the principal Author of it had resolved to make Inquisition for this Blood and according to the Debt they did owe to God to Justice the Kingdom and themselves and according to that Fundamental Power that rested and Trust reposed in them by the People other Means failing through his Default had resolved to bring him to Tryal and Judgment and had therefore constituted that Court of Justice before which he was then brought where he was to hear his Charge upon which the Court would proceed according to Justice Hereupon Mr. Cooke Sollicitor for the Common-wealth standing within a Bar with the rest of the Councel for the Common-wealth on the right hand of the Prisoner offered to speak but the Prisoner having a Staff in his hand held it up and softly laid it upon the said Mr. Cooke's Shoulder two or three times bidding him hold nevertheless the Lord President ordering him to go on Mr. Cooke did according to the Order of the Court to him directed in the Name and on the behalf of the People of England exhibit a Charge of High Treason and other high Crimes and did therewith accuse the said CHARLES STVART King of England praying in the Name and on the behalf aforesaid that the Charge might be accordingly received and read and due Proceedings had thereupon and accordingly preferred a Charge in writing which being received by the Court and delivered to the Clerk of the Court the Lord President in the Name of the Court ordered it should be read But the King interrupting the reading of it the Court notwithstanding commanded the Clerk to read it acquainting the Prisoner that if he had any thing to say after the Court would hear him whereupon the Clerk read the Charge the Tenor whereof is as followeth viz. A Charge of High Treason and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General appointed by the said Court for and on the behalf of the People of England against CHARLES STVART King of England THat He 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 reserved 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 Practices 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 1642. 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 four and twentieth day of August in the same Year at the County of the Town of Nottingham where and when he set up his Standard of War and also on or about the twenty third day of Octob. in the same Year at Edge-Hill and Keynton Field in the County of Warwick and upon or about the thirtieth day of November in the same Year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the Year of our Lord 1643 at Caversham-Bridge near Reading 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 Gloucester and upon or about the thirtieth day of November in the Year last mentioned at Newbury in the County of Berks and upon or about the thirty first
day of July in the Year of our Lord 1644. at Cropredy-Bridge in the County of Oxon and upon or about the thirtieth day of September in the last Year mentioned at Bodwyn and other Places near adjacent in the County of Cornwall and upon or about the thirtieth day of November in the Year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the Year of our Lord 1645. at the Town of Leicester and also upon the fourteenth day of the same Month in the same Year at Nazeby-Field in the County of Northampton At which several Times and Places or most of them and at many other Places in this Land at several other times within the Years afore-mentioned and in the Year of our Lord 1646. He the said CHARLES STUART hath caused and procured many Thousands of the free People of this Nation to be slain and by Divisions Parties and Insurrections within this Land by Invasions from Foreign Parts endeavoured and procured by him and by many other evil ways and means He the said CHARLES STUART hath not only maintained and carried on the said War both by Land and Sea during the Year before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present Year 1648. in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and Places in England and Wales and also by Sea And particularly He the said CHARLES STUART hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by him or his Angels corrupted to the betraying of their Trust and revolting from the Parliament have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said CHARLES STUART Levied Continued and Renewed as aforesaid much innocent Blood of the free People of this Nation hath been spilt many Families have been undone the Publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast Expence and Dammage to the Nation incurred and many parts of this Land spoiled some of them even to desolation And for further Prosecution of his said evil Designs He the said CHARLES STUART doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreigners and to the E. of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said CHARLES STUART All which wicked Designs Wars and evil Practices of him the said CHARLES STVART have been and are carried on for the advancement and upholding of a Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that He the said CHARLES STVART hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Dammages and Mischiefs to this Nation acted and committed in the said Wars or occasioned thereby And the said John Cooke by Protestation saving on the behalf of the said People of England the liberty of exhibiting at any time hereafter any other Charge against the said CHARLES STVART and also of replying to the Answers which the said CHARLES STVART shall make to the Premises or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said CHARLES STVART as a Tyrant Traytor Murderer and a Publick and implacable Enemy to the Commonwealth of England and pray that the said CHARLES STVART King of England may be put to answer all and every the Premises and that such Proceedings Examinations Trials Sentences and Judgments may be thereupon had as shall be agreeable to Justice Subscribed John Cooke The Prisoner while the Charge was reading sate down in his Chair looking sometimes on the High Court and sometimes on the Galleries and rose again and turned about to behold the Guards Spectators and after sate down looking very sternly and with a Countenance not at all moved till these words viz. CHARLES STVART to be a Tyrant Traytor c. were read at which he laughed as he sate in the face of the Court. The Charge being read the Lord President in the Name of the Court demanded the Prisoner's Answer thereto But the Prisoner declining that fell into a Discourse of the late Treaty in the Isle of Wight and demanded By what lawful Authority he was brought from the Isle thither upbraiding the Court with the many unlawful Authorities in the World instancing in Robbers and takers of Purses pleading his Kingship and thereby a Trust committed to him by God by descent which he should betray together with the Liberties of the People in case he should answer to an unlawful Power which he charged the Court to be and that they were raised by an Vsurped Power and affirmed that He stood more for the Liberties of the People than any of the Judges there sitting and again demanded by what Authority he was brought thither To which it was replied by the Court That had he been pleased to have observed what was declared to him by the Court at his first coming and the Charge which he had heard read unto him he might have informed himself by what Authority he was brought before them namely By the Authority of the Commons of England Assembled in Parliament on the behalf of the People of England and did therefore again several times advise him to consider of a better Answer which he refused to do but persisted in his Contumacy Whereupon the Court at length told him That they did expect from him a Positive Answer to the Charge affirming their Authority and giving him to understand that they were upon God's and the Kingdom 's Errand and that the Peace stood for would be better had and kept when Justice was done and that was their present Work and advised him seriously to consider what he had to do at his next appearance which was declared should be upon Monday following and so remanded him to his former Custody The Prisoner all the time having kept on his Hat departed without shewing any the least respect to the Court but going out of the Bar said He did not fear that Bill pointing to the Table where the Sword and Charge lay The Prisoner being withdrawn three Proclamations were made and the Court Adjourned it self to the Painted Chamber on Monday Morning then next at Nine
Robert Loades Samuel Morgan James Williams Michael Potts Giles Gryce William Arnop John Vinson George Seely Tho. Ives James Crosby Tho. Rawlins Richard Blomfield John Thomas Samuel Lawson John Pyneger George Cornewall Tho. Whittington William Jones Humphrey Browne Arthur Young David Evans Diogenes Edwards Robert Williams John Bennett Samuel Burden Col. Horton Col. Deane Col. Okey Col. Huson Col. Roe Col. Tichbourne Col. Whalley Col. Tomlinson Col. Goffe Col. Ewers Col. Scroope Mr. Love Mr. Scot Mr. Tho. Challoner Mr. Millington and Sir John Danvers or any Three of them are a Committee appointed to take the Examination of the said Witnesses now sworn whom the Clerks are to attend for that purpose The Court granted their Summons for summoning further Witnesses and Adjourned it self till the Morrow at Nine of the Clock in the Morning to this Place Jovis 25 Jan. 1648. Painted Chamber Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Richard Deane Sir Hardress Waller John Moore Peregr Pelham John Huson John Barkstead Edw. Whalley John Okey Edmond Harvey Adrian Scroop Henry Smith Thomas Scot. William Cawley Gilbert Millington Thomas Challoner John Carew Sir John Bourchier Kt. Sir Thomas Maleverer Bar. Francis Allen. Thomas Harrison John Jones John Aldred John Browne Isaac Ewers Robert Tichbourne Augustine Garland Francis Lassells John Dixwell Sir Michael Livesey Bar. John Venn Edmond Wild. With divers others Here the Court sate private The Court Ordered that the Marshal Gen. of this Army or his Deputy do bring forthwith Mr. Holder Prisoner at White-Hall to the end that he may testify his knowledge of all such Matters as shall be propounded unto him concerning the Charge against the King Ordered That the Dean's House in Westminster-Abbey be provided and furnished for the Lodging of the Lord President and his Servants Guards and Attendants and a Committee are appointed to take care hereof accordingly Mr. Henry Gouge and Mr. William Cuthbert Witnesses produced to the Charge against the King were sworn and examined The Witnesses sworn in open Court and after examined by the Committee appointed for that purpose the 24 th Instant were now in open Court called and their respective Depositions were read to them who did avow their said several Depositions and affirm what was so read unto them respectively was true upon the Oaths they had taken The Court being informed that Major Fox being of the Guard attending the Lord President is arrested and committed to the Keeper of Ludgate Ordered That the said Keeper do forthwith bring the said Major before this Court and attend this Court in person himself M. Holder being brought before this Court according to the Order of this Day and his Oath tendred unto him to give Evidence to such Matters as should be propounded unto him concerning the Charge against the King the said Mr. Holder desired to be spared from giving Evidence against the King Whereupon the Commissioners finding him already a Prisoner and perceiving that the Questions intended to be asked him tended to accuse himself thought fit to wave his Examination and remanded him and accordingly did so to the Prison from whence he was brought The Depositions taken ut supra are as followeth viz. Jan 25. 1648. William Cuthbert of Patrington in Holderness Gent. Aged 42 Years or thereabouts sworn and examined saith That he this Deponent living at Hull-Bridge near Beverley in July 1642. did then hear that Forces were raised about three thousand Foot for the Kings Guard under Sir Robert Strickland And this Deponent further saith That about the Second of July 1642. he saw a Troop of Horse come to Beverley being the Lords Day about four or five of the Clock in the Afternoon called The Princes Troop Mr. James Nelthorp being then Major of the said Town And this Deponent further saith That he did see that Afternoon the said Troop march from Beverley aforesaid into Holderness where they received Ammunition brought up by the River of Humber unto them And this Deponent further saith That the same Night being Sunday there came about three hundred Foot Soldiers said to be Sir Robert Strickland's Regiment under the Command of Lieutenant Col. Duncombe and called The King's Guard unto this Deponents House called Hull-Bridge near Beverley about Midnight and broke open entred and possessed themselves of the said House and that the E. of Newport the E. of Carnarvan and divers others came that night thither to the said Forces and that the same night as this Deponent was then informed Sir Tho. Gower then High Sheriff of the said County came thither and left there a Warrant for staying all Provisions from going to Hull to Sir John Hotham which said Warrant was then delivered to this Deponent being Constable by Lieut. Col. Duncombe And this Deponent further saith That he was by the said Forces put out of his House and did with his Family go to Beverley and that after that viz. the Thursday following to this Deponent's best remembrance he did see the King come to Beverley to the Lady Gees House there where he this Deponent did often see the King with Prince Charles and the Duke of York and that the Trained Bands were then raised in Holderness who were raised as was generally reported by the King's Command And this Deponent further saith That the Night after the said Forces had as aforesaid possessed themselves of this Deponent's House Col. Legard's House was Plundered by them being upon a Monday which aforesaid Entry of this Deponent's House was the first Act of Hostility that was committed in those Parts And this Deponent further saith That after the said Sir Robert Strickland's said Company was gone from Hull-Bridge having continued there about ten days there then came to the said House Col. Wivel with about seven hundred Foot Soldiers who then took up his Quarters at Hull-Bridge aforesaid And this Deponent further saith That the Warrant he now produceth to this Court is the same Original Warrant aforesaid spoken of And this Deponent further saith That the General 's Name of the said Forces that were there and raised as aforesaid was the E. of Lindsey and that this Deponent was brought before him the said General in the Name of The King's Lord General for holding Intelligence with Sir John Hotham then Governor of Hull and because it was then informed to the said General that he this Deponent had Provisions of Corn to send over unto Ireland which he this Deponent was forbidden by the said General to send unto Ireland or any place else without his or the King's Direction or Warrant first had in that behalf The aforesaid Warrant mentioned in the Deposition of the said William Cuthbert is as followeth It is His Majesties Command that you do not suffer any Victuals or Provision of what sort soever to be carried into the Town of Hull without His Majesties Special License first obtained And of this you are not to fail at your Peril Dated at
Beverley 3 Julii 1642. Tho. Gower Vi. Co. To all Head Constables and Constables in the East-Riding of the County of York and to all other His Majesties Loyal Subjects John Bennet of Harwood in the County of York Glover Sworn and Examined saith That he being a Soldier under the King's Command the first Day that the King's Standard was set up at Nottingham which was about the middle of Summer last was six years he this Examinant did work at Nottingham and that he did see the King within the Castle of Nottingham within two or three days after the said Standard was so set up and that the said Standard did fly the same day that the King was in the said Castle as aforesaid and this Deponent did hear that the King was at Nottingham the same day that the said Standard was first set up and before And this Deponent further saith That he this Deponent and the Regiment of which he then was had their Colours then given them and Sir William Penyman being the Colonel of the said Regiment the said Sir William Penyman was present with his said Regiment at that time And this Deponent further saith That there was then there the E. of Lindsey's Regiment who had then their Colours given them and that the said E. of Lindsey was then also Proclaimed there The King's General and that it was proclaimed then there likewise in the King's Name at the Head of every Regiment that the said Forces should fight against all that came to oppose the King or any of His Followers and in particular against the E. of Essex the Lord Brooke and divers others and that they the said E. of Essex and Lord Brooke and divers others were then proclaimed Traytors and that the same Proclamations were Printed and dispersed by the Officers of the Regiments throughout every Regiment And this Deponent further saith That the said Standard was Advanced upon the highest Tower of Nottingham Castle and that he this Deponent did see the King often in Nottingham at that time that the said Forces continued at Nottingham as aforesaid they continuing there for the space of one Month and that the Drums for raising Volunteers to fight under the King's Command were then beaten all the said County over and divers other Forces were raised there And this Deponent further saith That he did take up Arms under the King's Command as aforesaid for fear of being Plundered Sir William Penyman giving out that it were a good deed to Fire the said Town because they would not go forth in the King's Service and that this Deponent's Father did thereupon command him this Deponent to take up Arms as aforesaid and that divers others as they did confess did then also take up Arms for the King for fear of being Plundered And this Deponent further saith That in or about the Month of October 1642. he did see the King at Edge-Hill in Warwickshire where he sitting on Horseback while his Army was drawn up before him did speak to the Colonel of every Regiment that passed by him that he would have them speak to their Soldiers to encourage them to stand it and to fight against the L. of Essex the L. Brookes Sir William Waller and Sir William Balfour And this Deponent saith That he did see many slain at the Fight at Edge-Hill and that afterwards he did see a List brought in unto Oxford of the Men which were slain in that Fight by which it was reported that there were slain 6559 Men. And this Deponent further saith Afterwards in or about the Month of November 1642. he did see the King in the Head of his Army at Hounslow-Heath in Middlesex Prince Rupert then standing by Him And he this Deponent did then hear the King encourage several Regiments of Welshmen then being in the Field which had run away at Edge-Hill saying unto them That He did hope they would regain their Honour at Brentford which they had lost at Edge-Hill William Brayne of Wixhall in the County of Salop Gent. being Sworn and Examined deposeth That about August in the Year 1642. this Deponent saw the King at Nottingham while the Standard was set up and the Flagg flying and that he this Deponent much about the same time Marched with the King's Army from Nottingham to Derby the King himself being then in the Army And about September the said Year he this Deponent was put upon his Tryal at Shrewsbury as a Spy before Sir Robert Heath and other Commissioners of Oyer and Terminer the King then being in person in Shrewsbury Henry Hartford of Stratford upon Avon in Warwickshire Sworn and Examined deposeth That about Corn-Harvest in the Year 1642. this Deponent saw the King in Nottingham Castle while the Standard was set upon one of the Towers of the said Castle and the Flagg flying And he further saith and deposeth That he this Deponent saw the King the same Year about the Month of November in Brainford Town on Horseback with a great many Commanders about him on a Sunday Morning when on the Saturday Night before there were a great many of the Parliaments Forces slain by the Kings Forces in the said Town Robert Lacy of the Town and County of Nottingham Painter Sworn and Examined deposeth That he this Deponent in Summer-time in the Year 1642. by Order from my Lord Beaumont did Paint the Standard-Pole which was set up on the top of the old Tower of Nottingham Castle And he further saith That he saw the King in the Town of Nottingham diverse times while the Standard was up there and the Flagg flying and the King did lie at the House of my Lord of Clare in Nottingham Town and that he this Deponent did then and there see the King many times Edward Roberts of Bishop-Castle in the County of Salop Ironmonger Sworn and Examined saith and deposeth That he this Deponent saw the King in Nottingham Town while the Standard was set upon the High Tower in Nottingham Castle And he further saith That he saw the King at the Head of the Army at Shrewsbury upon the March towards Edge-Hill and that he likewise saw the King in the Reer of his Army in Keynton-Field and likewise saw the King upon the Sunday Morning at Brainford after the Fight upon the Saturday next before in the said Town Robert Loads of Cottam in Nottinghamshire Tyler Sworn and Examined saith That he this Deponent about October in the Year 1642. saw the King in the Reer of his Army in Keynton Field upon a Sunday where he saw many slain on both sides And he further saith That he saw the King in Cornwal in his Army near the House of my Lord Mohun about Lestithiel about Corn-Harvest 1644. Samuel Morgan of Wellington in Com. Salop Felt-maker Sworn and Examined deposeth That he this Deponent upon a Sunday Morning in Keynton-Field saw the King upon the top of Edge-Hill in the Head of the Army some two hours before the Fight which