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A53246 The Oglin of traytors including the illegal tryall of His Late Maiesty : with a catalogue of their names that sat as judges and consented to the judgment : with His Majesties reasons against their usurped power and his late speech : to which is now added the severall depositions of the pretended witnesses as it is printed in the French coppy : with the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed : as also the speech of the resolved gentleman, Mr. Hugo Grove of Chissenbury, Esquire, who was beheaded the same day, not before printed. 1660 (1660) Wing O188; ESTC R28744 59,070 192

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and a half from the Camp marching in battaile aray at the head of his Army about an houre and half before the said battaile was fought and that the same day he saw afterwards many bodies dead upon the place Giles Grice of Wellington in Shropshire Gentleman DId depose that he saw the King at the head of his Army at Cropredie Bridge with his sword drawn in his hand the same day that there was a battail fought against Sr. William Waller's Army which was on a Friday 1644. about July as much as he could call to minde That he saw him also at the head of his Army the same summer nigh Lietchfield at the same time that the Earle of Essex was there with his Army Also that he saw the King at the head of his men in the second fight at Newbery And that he saw him Arm'd back and brest at the head of his Army at Naseby The same did testifie that he saw him at the head of his Army at the taking of Leicester at the same time that an assault was given and after enter'd the place on horseback after it was taken and that he saw many men kill'd on both sides and many houses were pillaged in the said Town John Vinson of Damorham in Wiltshire Gentleman affirmed THat he saw the King at the head of his Army at the first Newbery battaile about September 1643. and many people dead on both sides The same hath also deposed that he saw the King at the head of his Army armed Capape with his sword drawn in his hand in the second fight at Newberry about Octob. 1644. at what time he saw him draw up the Regiment of Horse of Colonel Tho. Howard to a Charge and that he heard him make a speech to that Regiment saying that they were to make good to him that day that his Crown was at the point of his Sword and if he lost that Battail he lost his honour and his Crown for ever and that after he saw great number of dead men killd in that fight on both sides The same also testified that he saw the King in the battail at Naseby in Northamptonshire about June 1645. being armed with his Head-piece on his word drawn in his hand where perceiving his people in flight he himself made the horse to rally and staid them at what time he also saw many dead bodies on both sides George Seeley of London Shoomaker deposed THat he saw the King at the siege of Glocester at the head of a Brigade of horse and that he saw him at the first fight of Newberry about September 1643 being at the head of a Regiment of horse and that many were killed on both sides in this fight To which he added that he also saw the King in the midst of his Army in the second Newberry fight about November 1644. John Moor of Cork in Ireland Gentleman did depose THat in the Battel at Newberry second fight in the same month he saw the King in the middle of his horse with his sword drawn that afterwards he saw many killed on both sides in this fight and that he saw him enter on horse-back in the head of a Brigade of horse into Leicester the same day that it was taken by his men about June 1645. he also added that he saw the King in the midst of a Regiment of horse at Copredibridge before Leicester fight and saw the fields covered with dead men killed in that fight where the King was in person that he saw him also at the head of a Regiment of horse in Naseby fight about June 1645. and that there was also many killed and wounded Thomas Grees of Boyset in Northamptonshire Labourer did testifie THat he saw the King at the first Newbury fight in Bark-shire September 1643 and that he there saw many dead bodies having himself received orders amongst others to stop the Parliaments forces till their dead men were taken away that he also saw the King marching with his Army towards Naseby field immediatly before the fight about June 1645. and that his Army being routed he saw him make a retreat with a Brigado of horse and that a great number were killed on both sides in this fight Thomas Rollins of Hanslop in Euekingham-shire Gentleman did depose THat he saw the King nigh Foy in Cornwall about July 1644. at the head of a brigade of horse and that he saw some Parliament-souldiers pilledged nigh the Kings person contrary to the Articles agreed upon on both sides Thomas Read of Maidstone in Kent Gentleman AFfirmed upon Oath that presently after the Parliaments Army had rendred it self in Cornwall upon composition he saw the King at the head of a guard of horse between Lestithiel and Foy about the end of August or the beginning of September 1644. James Grosby of Dublin in Ireland did depose THat at the first Newbury fight about harvest time 16●3 he saw the King coming on horseback from Newbury accompanied with abundance of great Lords and Noble men and going towards the place where his forces were engaged to the Parliaments Army Samuel Burden of Lyneham in Wiltshire Gentleman testified THat he was at Nottingham about August 1642. at what time he saw the great Standard displayd upon one of the Towers of the Castle and that the next day he saw the King whilst his Standard as they call it was displayd moreover that he saw the King at the head of his Army near Copredy-bridge in a stubble field being in pursuit of Sir William Wallers forces who was routed about July 1644. and that be saw at that time great numbers of dead men in the field he testified farther that towards November following he saw the King in the last Newberry fight galloping up and down from Regiment to Regiment whilst his Army was engaged with that of the Parliament and that he saw afterwards great numbers of men killed fighting on both sides Michael Potts of Sharpeton in Northamberland Vintner deposed THat he saw the King at the head of of his Army in a field about a mile and an half distant from Newberry upon a plain the day before the fight which was about harvest time 1643. and that he saw the King in the field nigh a peice of great Canon during the fight that he also saw him at the head of his Army in the second Newberry fight about Michaelmass 1644. after which he saw great number of men kild on both sides Adding moreover that he did also see him at the head of his Forces nigh Copredy bridge and afterwards the same year towards harvest nigh Lestithiel in Cornwall at what time the Earle of Essex was there with his Army The NAMES of the said Pretended JUDGES who gave Sentence against the Late KING Jan. 27. 1648. JOhn Bradshaw Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Walton Thomas Harison Edward Whaley Thomas Pride Isaac Ewer Lord Grey of Grooby William Lord Mounson Sir John Danvers
Sir Thomas Maleverer Sir John Bourcher Isaac Pennington Henry Martin William Purifoye John Barkstead Gilbert Millington Thomas Chaloner Matthew Tomlinson John Blakeston Sir William Constable Edmund Ludlow John Hutchison Sir Michael Levesey Robert Titchburne Owen Roe Robert Lilburne Adrian Scroop Richard Dean John Okey John Harrison John Hewson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregrine Pelham Thomas Wogan Frances Allen. Daniel Blagrave John Moor. William Say Francis Lascels John Chaloner Gregory Clement Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Lisle John Brown John Dixwell Miles Corbet Simon Menyne John Alured Henry Smith Humphrey Edwards John Frye Edmund Harvey Thomas Scot. William Cawley John Downes Thomas Hammond Vincent Potter Augustine Garland Charles Fleetwood John Temple Thomas Wayte Counsellours assistant to this Court and to draw up the Charge against the KING were Doctor Dorislaus Mr. Aske Mr. John Cooke Solicitor Serjeant Denby Serjeant at Armes M Broughton M. Phelpes Clerks to the Court. Colonel Humfrey Sword bearer Messengers Door-keepers and Cryers were these Mr. Walford Mr. Radley Mr. Paine Mr. Powell Mr. Hull Mr. King The SENTENCE against the said KING January the 27 th 1648. which was read by Mr. Broughton aforesaid Clerk WHereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryall of Charles Stuart King of England before whom he had been Three times Convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdome of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was required to give his Answer but he refused so to do and so exprest severall passages at his Tryall in refusing to answer For all which Treasons and Crims this Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publick enemy shall be put to death by fevering his head from his body This Sentence sayes the President now read and published is the act Sentence Judgement and Resolution of the whole Court. To which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speake but he was instantly commanded to be taken away and the Court broke up The true manner of proceeding to take off the Kings Head according to the Sentence given as a foresaid Sir Hardress Waller Collonel Harrison Commissary General Ireton Colonel Dean and Colonel Okey were appointed to consider of the Time and Place for the Exceution of the King according to his Sentence given by the pretended High Court of Justice Painted Chamber Monday January the 29 th 1648. VPon Report made from the Committee for considering of the Time and place of the Executing of the Judgement against the King that the said Committee have Resolved That the open street before White-hal is a fit place And the said Committee conceive it fit That the King be there executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn to that purpose which Warrant was accordingly drawn and agreed to and Ordred to be ingrossed which was done and signed and sealed according as followeth At the High Court of Justice for the Trying and Judging of King CHARLES the I. of England January 29. 1648. VVHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other Crimes and Sentence on Saturday last was pronounced against him by this Court to be put to Death by severing his head from his body of which Sentence Execution yet remaineth to be done These are therefore to will an require you to see the said Sentence Executed in the open street before Whitehall upon the morrow being the 30. day of this instant Moneth of January between the hours of Ten in the morning and Five in the afternoon of the same day with full effect and for so doing This shall be your sufficient Warrant and these are to require all Officers and Soldiers and other the good people of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Huncks and Lievtenant Colonel Phray and to every of them Given under our hands and Seals Sealed and Subscribed by John Bradshaw President Thomas Gray Oliver Cromwell Edward Whaley John Okey John Danvers Mich. Lievesey John Bourcher Hen Ireton Tho Maleverer Jo Blackeston Jo Hutchison William Goffe Tho. Pride Henry Smith Vincent Potter William Constable Rich Ingoldsby Will. Cawley John Barkstead Isaac Ewer Val. Walton Peter Temple Tho. Harrison John Hewson Per. Pelham Richard Dean Rob. Tichburn Hump Edwards Dan. Blagrave Owen Roe Will. Purifoye Adrin Scroop James Templer Aug. Garland Edmu. Ludlow Hen. Martia Jo. Allewred Rob. Lilburu Will. Say Anthony Stapley Gregory Norton Tho. ●haloner Tho. Wogan Simon Meyne Tho Horton John Jones Jo. Moore Hardress Waller Gilbert Millington Charls Fleetwood Jo. Venn Greg. Clement Jo. Downes Tho. Waite Tho. Scot. John Carew Miles Corbet Ordered That the Scaffold on which the King is to be executed be covered with Black The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the Tenour thereof about Two a clock in the afternoon of the said 30. of January 1648. The Fatall day of the said Execution being Tuesday January the 30. 1648. HIS Majesty continued in Prayer all the morning and receives the Sacrament Just at Ten a Clock before noon he was conveyed on foot from St. James's Palace to Witehall guarded by a Regiment of Foot Soldiers part before part behind with Colours flying and Drums beating his private guard of Patirzans about him and Dr. Juxon Bishop of London next to him on one side and Colonel Tomlinson on the other being come to Whitehall he 〈◊〉 his Cabinet Chamber at his divotions refusing to dine onely about 12 a clock he eat a bit of bread and dranke a glasse of Claret wine from thence he was conveyed into the Banqueting house and the great window inlarged out of which he ascends the Scaffold the rails being hung round and the floor covered with black His Executioners disguised with Visards yet was his Majesty not affrighted He shewed more care of the people living then of himselfe dying for looking round upon the people whom the thick Guards of Soldiers kept a great distance of and seeing he could not be heard by them omitting probably what he purposed to have spoken to them therefore turning to the Officers and Actors by him he delivered him self in a short but excellent Speech which being ended he meekly went to Prayers and after some heavenly discourse between him and the Bishop having prepared himselfe he lifted up his eyes to heaven mildely praying to himself he stooped down to the block as to a prayer-deske and
I would not say any more nor interrupt you at all President Sir you have heard the pleasure of the Court and notwithstanding you will not understand it you are to finde that you are before a Court of Justice The King going forth Proclamation was made that all persons who then appeared and had further to doe with the Court might depart into the Painted Chamber to which place the Court adjourned being resolved to meet again in Westminster-hall by ten of the Clock the next morning Wednesday January 24. The Court being this day imployed upon Examinations of witnesses and other things in order to their next proceedings did appoint one of their Vshers to give notice to the people there assembled to appear on further summons The last proceedings against the King wherein they pronounc'd Sentence upon him on Saturday January 27. 1648. SIlence being commanded by the Crier the Court was called and Serjeant Bradshaw the Lord President was that day in a scarlet Gown There were present that day sixty and eight Members of the Court. The King turning to the Lord President said I shall desire to be heard some few words and I shall give no occasion of interruption President You may answer in due time heare the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgement President Sir you shall be heard as I have told you in due time but you must hear the Court first King Sir What I am to speake will be in order as I conceive to what I believe the Court will say and therefore Sir I desire to be heard A hasty judgement is not so soon recalled President Sir you shall be heard before judgement be given and in the mean time you ought to forbear King Well Sir I shall be heard before the judgement be given President Gentlemen it is well known to all or the greatest part of you here present that the prisoner at the Bar hath been several times convented and brought before this Court to make answer to a charge of Treason and other high Crimes exhibited against him in the Name of the people of England to which charge being oftentimes commanded to answer he hath been so far from submiting to the Court as he hath under tooke to object against dispute the Authority of this Court of the High Court of Parliament who constituted this Court to try and judge him but being over-ruled in that and commanded to make answer he was still pleased to persevere in his contumacie and refused to submit to answer whereupon the Court that they may not be wanting to themselves and to the trust reposed in them nor that any mans wilfulness shall prevent the course of Justice have considered of the contempt and of that consequence which in Law doth arise on that contempt They have likewise considered of the notoriousness of the Fact charged upon the prisoner and upon the whole matter are resolved and have agreed upon a Sentence to be now pronounced against him but in regard he hath desired to be heard before Sentence he read and pronounced the Court is resolved to heare him yet Sir thus much I must tell you before hand of which also you have been minded at the other Courts that if what you are to propose shall tend to dispute the Jurisdiction of the Court you are not to be heard therein you have offerd it formerly and you have indeed struck at the root which is the power and Supream Authority of the Commons of England of which this Court will admit no debate and indeed it would be an unreasonable thing in them so to do being a Court which doth act upon that Authority which they have received from them they will not presume to judge upon their Superiours from whom there is no appeal But Sir If you have any thing to say in defence of your selfe concerning the matter with which you are charged the Court hath given me command to let you know they will hear you King Since I perceive you will not hear any thing of Debate concerning that which I confess I thought most material for the peace of the Kingdom and the Liberty of the Subject I shall wave it and speake nothing of it only I must tell you that these many daies all things have been taken from me but that I call more dear unto me than my life which is my conscience and my Honour and if I had respect to my life more than to the peace of the Kingdom and the Liberty of the Subject I should certainly have made a particular defence for my self for by that at least I might have deferred an ugly sentence which I expect to pass upon me Therefore undoubtedly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not over-born the care of my own preservation I should have gone another way to work than now I have done Now Sir I conceive that a hasty sentence once passed may sooner be repented then revocked and truly the same fervent desire I have for the peace of the Kingdom the Liberty of the Subject more than my own particulars doth make me now at last move that having something to say concerning both I may be heard before my Sentence be pronounced before the Lords and Commons in the Painted Chamber This delay cannot be prejudicial to you whatsoever I shall utter If I speake not reason those that heare me must be my Judges but if it be Reason and really for the welfare of the Kingdome and the Libertie of the subject I am sure of it it will be well worth the bearing Therefore I conjure you as you love that which you pretend I hope it is real the Libertie of the Subject and the peace of the Kingdom that you will grant me the hearing before sentence be past I onely desire this that you will take this into your consideration It may be you have not heard of it before hand If you thinke well of it I will retire and you may thinke of it but if I cannot get this Libertie I do here protest that so fair shews of Libertie and peace are but pure shews and no otherwise if in this you will not hear your King President Sir you have now spoken King Yes Sir President And this which you have spoken is but a further declining of the Jurisdiction of this Court which is the thing wherein you were limited before King Pray excuse me Sir for my interruption because you do mistake me It is not a declining of it you do judge me before you heare me speake I say I will not I do not decline it although I cannot acknowledge the Jurisdiction of it in this give me leave to say that though I would not though I did not acknowledge it in this yet I protest this is not to
decline it since I say If that which I shall propound be not for the peace of the Kingdome and the Liberty of the subject then the shame is mine Now I desire that you will take this into your consideration if you will I will withdraw President Sir This is not altogether new that you have offered unto us I say it is not altogether new unto us although it be the first time that in person you have offered it to the Court Sir you say you do not decline the Jurisdiction of the Court. King Not in this that I have said President I understand you well enough Sir Nevertheless that which you have propounded seems to be contrary to that which you have said for the Court are ready to proceed to sentence It is not as you say that they will not hear their King For they have been ready to hear you they have patiently waited your pleasure for three Court daies together to hear what you would answer to the peoples charge against you to which you have not vouchsafed to give any answer at all Sir this doth tend to a further delay and truly Sir Such delays as these neither may the Kingdom nor Justice admit You have had the advantage of three several dayes to have offered in this kind what you were pleased to have propounded to the Lords and Commons This Court is founded upon the Authority of the Commons of England in whom resteth the Supream Jurisdiction That which you now tender to the Court is to be tried by another Jurisdiction a co-ordinate Jurisdiction I know very well how you have expressed your self and that notwithstanding what you would propound to the Lords and Commons yet neverthesess you would proceed on here I did hear you say so but Sir That which you would offer there whatsoever it be must needs be in delay of Justice here so as if this Court be resolved and prepared for the sentence they are bound in Justice not to grant that which you so much desire but Sir according to your desire and because you shall know the full pleasure of the Court upon that which you have moved the Court shall withdraw for a time King Shall I withdraw President Sir you shall know the the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms the Court gives you command that the prisoner withdraw and that about half an hour hence the prisoner be returned again The time being expired the Court returned and the Lord President commanded the Serjeant at Arms to send for his prisoner The King being come attended with his Guard The Lord President said unto him Sir you were pleased to make a motion here to the Court concerning the desire you had to propound something to the Lord● and Commons in the Painted Chamber for the peace of the Kingdome Sir you did in effect receive an Answer before the Court adjourned Truely Sir their adjournment and withdrawing was pro formâ tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you moved and have considered of their own Authority which is grounded as it hath been often said upon the Supream Authority of the Commons of England Assembled in Parliament The Court doth act according to their Commission Sir I have received an express Order from the Court to acquaint you that they have been too much delayed by you already and that this which you have now offered hath occasioned some little further delay they are Judges appointed by the highest Judges and Judges are no more to delay than they are to deny Justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferremus justitiam There must be no delay but Sir the Truth is and so every man here observes it that you have much delayed them by your contempt and default for which long since they might have proceeded to judgement against you therefore notwithstanding what you have offered they are resolved to proceed to punishment and to judgement and this is their unanimous resolution King Sir I see it is in vain for me to dispute I am no Sceptick to doubt or to deny the power that you have I do know that you have power enough Sir I confess I do believe it would have been advantagious to the peace of the Kingdom if you would have been pleased to take the pains to shew the lawfulness of your power As for this delay which I have desired I do confesse it is a delay but it is a delay that is important for the peace of the Kingdom It is not my person that I look on alone It is the welfare of the Kingdom the peace of the Kingdome It is an old saying that we should think on long but perform great matters suddenly Therefore Sir I do say again I do put at your doors all the inconveniences of a hasty sentence I have been here now a full week this day eight dayes was the day in which I made in this place my first appearance The short respite but of a day or two longer may give peace unto the Nation whereas an hasty jugdement may bring such a perpetual trouble and inconvenience upon it that is the Child unborn may repent it And therefore once more out of the duty I owe to God and to my Country I do desire that I may be heard by the Lords and Commons in the painted Chamber or any other place that you will appoint me President Sir you have been already answered to what you have moved it being the same motion which you made before for which you have had the resolution and the judgement of the Court in it and the Court would now be satisfied from you whether you have any more to say for your selfe then you have yet said before they proceed to sentence King I say this Sir that if you will but hear me and give me this delay I doubt not but I shall give some satisfaction to all that are present and to my people that are absent and therefore I require you as you will answer it at the dreadfull day of Judgement that you will once again take it into your consideration President Sir I have received instructions from the Court. King Well Sir President If this must be reinforced or any thing of this nature your answer must be the same as it was before and they will proceed to sentence if you have no more to say King Sir I have nothing more to say onely I desire that this may be entred what I have said President The Court Sir then hath something else to say to you which although I know will be very unwelcom yet notwithstanding they are resolved to discharge their duty Sir you have spoken very well of a precious thing that you call a peace and it were much to be wished that God had put it
they intend to do yet wee do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to your selfe and that according to the merit of your offence although God should permit those men to effect all their bloody designs in in hand against us Sir we will say and will declare it as those Children in the fiery furnace who refused to worship the Golden Image that Nabuchadonazer had set up That their God was able to deliver them from the danger they were neer unto but if he did not deliver them yet they would not fall down and worship the golden Image We shall make this application of it That though we should not be delivered from those bloody hands hearts who conspire the overthrow of the Kingdom in generall and of our selves in particular for being actors in this great work of Justice though I say we should perish in the work yet by the grace in the strength of God we are resolved to go on with it And those are the intire resolutions of us all Sir I say for your selfe that we do heartily wish and desire that God would be pleased to give you a sense of your sins that you may see wherein you have done amisse and that you may cry unto him that God would deliver you from bloody-guiltinesse A good King David by Name was once guilty of that particular guilt he was otherwise upright saving in the matter of Vriath Truly Sir the History doth represent unto us that he was a repentant King and he had died for his sinne but that God was pleased to be indulgent to him and to grant him his pardon Thou shalt not die saith the prophet but the child shall die Thou hast given cause to the Enemies of God to blaspheme King I would onely desire to be heard but one word before you give sentence and it is that to satisfie the world when I am dead you would but heare me concerning those great Imputations which you have laid unto my charge President Sir you must now give me leave to proceed for I am not far from your Sentence and your time is now past King I shall desire you that you will take these few words into your consideration For what soever sentence you shall pronounce against me in respect of those heavy imputations which I finde you have laid to my charge yet Sir It is most true that President Sir I must put you in minde I must Sir although at this time especially I would not willingly interrupt you in any thing you have to say which is proper for us to admit but Sir you have not owned us as a Court and you looke upon us as a sort of people huddled together and we know not what uncivill language we receive from your party King I know nothing of that President You disavow us as a Court and therefore for you to addresse your selfe to us whom you do not acknowledge to be a Court for us I say to judge what you shall speake is not to be permitted and the truth is all along from the to disavow and disown us The Court needed not to have heard you one word for unless they be acknowledged a Court and ingaged it is not proper for you to speak Sir We have given you too large an indulgence of time already and admitted so much delay that we may not admit of any more If it were proper for us we should heare you very freely not decline to hear the most that you could speake to the greatest advantage for your self whether it were totall or but in part excusing those great and hainous charges which are laid upon you But I shall trouble you no longer your sins are of so large a demension that if you do but seriously think of them they will drive you into a sad consideration and we wish that they may improve in you a sad and serious repentance And it is the desire of the Court that you may be so penitent for what you have done amisse that God may at least have mercy on your better part As for the other it is our part and duties to doe that which the law prescribeth we are not now here jus dare but jus dicere we cannot be unmindfull of what the word of God tels us To acquit the guilty is of an equall abomination as to condemn the Innocent we may not acquit the guilty What sentence the law pronounceth to a traytor a tyrant a murtherer and a publike enemy to the Country that sentence you are now to hear read unto you and that is the Sentence of the Court. Hereupon the Lord President commanded the Sentence to be read whereupon M. King who was Cryer of the Court having commanded silence by his Oyes the Clerke read the sentence which was drawn up in Parchment and did run in these words Whereas the Commons of England in Parliament had appointed them an High Court of Justice for the tryall of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the be halfe of the Kingdome of England which Charge followeth in these words This Charge being read said the Clerk Charls Stuard was required to give his answer which he refused to do but expressed these passages and many more such as these are in refusing to answer The Clerk having repeated many passages during the time of his triall in which the King shewed an aversenesse to acknowledge the Court did proceed to read the Sentence which was in these words For all which Treasons and Crimes this Court doth adjudge that the said Charls Stuart as a Tyrant Traytor Murtherer and a publike Enemy shall be put to death by severing his Head from his Body The Sentence being read the Lord President said This Sentence now read and published is the Act Sentence Judgement and resolution of the whole Court Hereupon the Court stood up as assenting to what the President said King Will you hear me one word Sir President Sir you are not to be heard after the Sentence King No Sir President No Sir by your favour Sir Guard withdraw your Prisoner King I may speak after the sentence By your favour Sir I may speak after Sentence ever The Guard drawing to him he said unto them by your favour hold and turning to the President he said the Sentence Sir I say Sir I do but being not permitted to proceed he said I am not suffered to speak expect what Justice other people will have Cryer All manner of persons that have any thing else to do are to depart at this time and to give their attendance in the Painted Chamber to which place this Court doth forthwith adjourn it self Then the Court arose and the Kings guard did bring him to Sir Rohert Cottons house and he was afterwards conducted to Saint Jameses
The severall Depositions of the pretended Witnesses as it is in their Book printed in French William Cuthbert of Patrington in Holdernes Gentleman HAth deposed upon Oath that being at Hull-bridge nigh Beverly he discovered in July 1642. that there were levied about three hundred footmen under the command of Robert Strickland for the Kings guard and that about the second of the said Month which was Sunday he saw about four or five of the clock in the evening a Troop of Horse called the Princes Troop enter Beverly at which time James Nelthorp was Mayor of the Town and that he saw the same day this Troop march from Beverly to Holdernes where he saw ammunition distributed to them which were brought for them from about Humber Moreover the same upon deposition said that the same Sunday night there arrived at the gate of his house called the Bridge of Hull nigh Berverly about three hundred footmen that said they were the Regiment of Sir Robert Strickland under the command of Lieutenant Col. Duncomb and were called the Kings guard who forced open his door and took possession of his house and that the same night my Lord Newport and my Lord Carnarvan came to these souldiers with divers others at which time the Deponent was informed that Sir Thomas Gower Sheriff of that County was present at this rendezvous and had left order and expresse command to stop all Provisions from those quarters and that none should be carried to Sir J. Hotham Governour of Hull for the Parliament which Order was put into the hands of the Deponent being then Constable of that Parish for the said Lieutenant Colonel Duncombe The said William Cutbert has deposed in processe that he was driven out of his house by the soldiers and was forced to retire to Beverly with his Family and that afterward to wit Thursday next as much as he can remember he saw the King come to Beverly and go into my Lady Gees houses in which he saw him severall times with Prince Charls and the Duke of York and that the Militia was raised in Holdernes in the name and by the command of the King and he published himself every where He hath farther deposed that the night following these soldiers that had seized upon his house as was said which was the first act of hostility that was committed in those parts they plundred also the House of Colonel Ledgeers and that after this regiment of Colonel Strickland was gone from the Bridge of Hull where it had quartered ten days Colonel Wynewell seized upon it also with seven huudred foot that lodg'd there Item he deposed that the Order which he shewed the Court is the originall of which we have spoken As also that my Lord Lindsey was made Generall of those Forces and of those that were then levied and that he was brought before him upon report that he held intelligence with Sir J. Hotham Governour of Hull and that notice being given to the said General that the Deponent had provisions of corn to send into Ireland he was prohibited to have them transported or carried to any other place without the Kings command or the said Generals John Bennet in the County of York Glover HAving born arms on the Kings side from the first day that he erected his Standard at Nottingham six years since being examined upon Oath hath deposed that working at his own Trade at Nottingham he had seen the King two or three times after his great Standard of War was erected and at the same time that it was displayd from the highest Tower of the Castle and also that he heard that the King was present the first day and the first time it was erected He said farther that he then received his livery and that Sir William Pennyman gave cloth at that time to the Regiment of which he was and the said Knight was Colonel of it and that cloth was also given to the Regiment of my Lord Lindsey who was also then proclaimed then General of the Army at the head of every Regiment where the King also caused to be published that those forces should fight against all those that should follow his party particularly against the Earl of Essex Generall of the Parliaments Army against my Lord Brooks and divers other Officers of that party all who were declared Traitors by printed proclamations which were dispersed at the same time through all Regiments by their Officers To which he also added that he had often seen the King in Nottingham at the time that his forces quarter'd there which was about a Moneth that the Drum was beaten over all the Country to raise men for the King and that many were listed partly willing and partly forced for fear of being plundred as among the rest was the Deponent the said Sir William ●enniman cryng out aloud that it would be well done to set the Town on fire the Citizens shewing themselves so backward to take up arms for their Kings service He did farther depose that about the Month of October ●642 he saw the King on horseback at Edge-hill in Warwick-shire looking on his Army in battail and heard him command all the Colonells and Officers that passed before him to encourage their soldiers exhort and animate them to fight against my Lord of Essex my Lord Brooks Sir William Waller and Sir William Belford and that after this first fight he saw in the field a great number of dead bodies of which he saw a list brought afterward to the King at Oxford which they said came to the number of 6559. The Deponent hath also testified that about the Moneth of November following he saw the King at the head of his Army upon Hownslo-heath in the County of Middlesex with Prince Robert by him and heard him encourage divers Regiments of th●se that were levied in Wales which had been at the battail of Edge-Hill saying to them he hoped they would regain at Brainford the honour they lost at Edge-Hill William Brayne Gentleman of Wixehall in the County of Salop. HAth deposed upon Oath that in August 1642. he saw the King in Nottingham at the time when his Royal Standard was there erected and displaid and that about that time he marched with the Army in which the King was from thence to Darby and that being suspected in September for a spy he was examined before Sir Robert Heath and divers other Commissioners at Shrewsbury where the King was in person Henry Hartford of Stafford upon Avon in Warwick-shire HAs also given in upon Oath that in the year 1642. he saw the King at the Castle of Nottingham when his great Standard was planted and displayed upon a Tower of the Castle and moreover that about November he saw the King at Brainford being a horse-backe with great number of War-Officers on a Sunday morning immediately after that Satturday night in which great number of the Parliaments people had been killed thereabout Robert Large Painter of the Town and
of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedom consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A ●ubject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I Pray God it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shall onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little better order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my conscience in Religion I think is already 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 by my father and this honest man I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for the Nightcap and having put it on he said to the Executioner will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a Gratious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall finde great Joy and Solace King I go from a corruptible to an incorruptable Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the executioner Is my haire as it should be He then did put off his cloak and his George which he gave to Doctor Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the block he said unto the Executioner you should make it to be steddie Execut. It is so King It might have been something higher Execut. It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooped down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the signe Execut. So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi THE Illegall proceedings against the honourable Colonell John Penruddock of Comppton in Wiltshire and his Speech Which he delivered the day before he was beheaded in the Castle of Exon being the 16 day of May 1655 to a Gentleman whom he desired to publish them after his death Together with his prayer upon the Scaffold and the last Letter he received from his verteous Lady with his answer to the same Also the speech of that Piously resolved Gentlemen Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded there the same day Printed by order of the Gent. intrusted 1660. Col. Penruddock being writ to by a friend for an account of his triall writ as followeth SIR THough I received your desires something too late it being but two days before notice given me from the Sheriff of the day of my expiration for I cannot call this an execution it being for such a cause yet in order to your satisfaction I have borrowed so much time from my more serious Meditations as to give you this short account of my Triall wherein you must excuse both the brevity and imperfections it being but the issues of a bad memory UPon Thursday the 19. April 1655. the Commissioners of Oyer and Terminer being sate in the Castle of Exon summoned before them my self Mr. Huge Grove Mr. Richard Reeves Mr. Robert Duke Mr. George Duke Mr. Thomas Fitz-James Mr. Francis Jones Mr. Edward Davis Mr. Thomas Poulton and Mr. Francis Bennet Being all called to the Barre we were commanded to hold up our hands and an Indictment of high treason was read against us and being asked whether we would plead guilty or not guilty to the Indictment in the behalf of my self and of the Gentlemen therein charged I spake as followeth Col. Penruddock My Lords though my education hath been such as not to give me those advantages which the knowledge of the Laws would assisted me with