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
Peregrine Pelham Esq Francis Lassells Esq John Downs Esq John Brown Esq John Hutchinson Esq Miles Corbet Esq Humphrey Edwards Esq Edmond Harvy Esq William Goff Esq The Comissioners of the Court being as aforesaid met and informing themselves of the tenor of their Commission they accordingly appoint the said Court to be holden in the same place on Wednesday the Tenth of the said Month of January and ordered Proclamation thereof to be made in the great Hall at Westminster by Edward Dendy Serjeant at Arms Authorizing him thereunto by Precept under their Hands and Seals in these words following viz. By Virtue of an Act of the Commons of England Assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of Charles Stuart King of England we whose Names are hereunder written being Commissioners amongst others nominated in the said Act do hereby appoint That the High Court of Justice mentioned in the said Act shall be holden in the Painted Chamber in the Palace of Westminster on Wednesday the tenth day of this instant January by One of the Clock in the afternoon and this we do appoint to be Notified by Publique Proclaiming hereof in the great Hall at Westminster to morrow being the Ninth day of this Instant January betwixt the hours of Nine and Eleven in the Forenoon In Testimony whereof we have hereunto set our Hands and Seals this eight day of January Anno Domini 1648. We the Commissioners whose Names are hereunto Subscribed do hereby Authorize and Appoint Edward Dendy Serjeant at Arms to cause this to be Proclaimed according to the Tenor thereof and to make due Return of the same with this Precept to the said Court at the time and place above-mentioned Sealed and Subscribed by William Monson Tho. Grey Oliver Cromwell Gregory Norton Henry Ireton H. Edwards John Hutchinson Har. Waller William Constable John Lisle Henry Martin Valentine Wauton John Blackistone Gilbert Millington Adrian Scroope James Temple James Chaloner Thomas Harrison John Jones John Huson Peregr Pelham Edward Ludlow John Berkstead Peter Temple Edw. Whaley John Okey Rob. Tichbourn Thomas Pride Henry Smith Thomas Maleverer Thomas Challoner John Fry John Bourchier John Carew Aug. Garland Richard Deane Daniel Blagrave Which said Precept is thus returned on the Backside viz. I have caused due Proclamation to be made hereof according to the tenor of the Precept within written E. Dendy Serjeant at Arms. And in order to the more regular and due proceedings of the said Court they nominate Officers and accordingly chose Mr. Aske Dr. Dorislaus Mr. Steel and Mr. Cooke Councel to attend the said Court Mr. Greaves and Mr. John Phelpes Clerks to whom notice thereof was ordered to be given Mr. Edward Walford Mr. John Powel Mr. John King Mr. Phineas Payne and Mr. Hull are chosen Messengers to attend this Court January the Ninth 1648. According to the Precept of the Eighth instant Serjeant Dendy made Proclamation for the sitting of the said Court in manner following viz. About Ten of the clock of the same day the said Serjeant being attended with six Trumpets and a Guard of two Troops of Horse himself with them on horseback bearing his Mace rideth into the middle of Westminster-Hall the Court of Chancery then sitting at a general Seal where after the said Trumpets sounding the Drums then likewise beating in the Palace-yard he causeth the said Precept to be openly read which being done the House of Commons at the same time sitting Order as followeth Die Martis 9 Januarii 1648. Ordered by the Commons Assembled in Parliament that the same Proclamation that was made this Morning in Westminster-Hall touching the Tryal of the King be made at the Old Exchange and in Cheapside forthwith and in the same manner and that Serjeant Dendy the Serjeant at Arms do Proclaim the same accordingly and that the Guard that lieth in Pauls do see the same done In pursuance whereof Serjeant Dendy about twelve of the clock of the same day accompanied with ten Trumpets and Two Troops of Horse drawn out for that purpose in Paul's Church-Yard himself mounted bearing his Mace they all march from thence unto the Old Exchange London where after the Trumpets had sounded he maketh Proclamation as he had done before in Westminster-Hall And from thence they immediately march to Cheapside making the like Proclamation there also in manner as aforesaid during all which time the Streets are throng'd with Spectators without the least violence injury or affront publiquely done or offered Mercurii 10 Januarii 1648. Commissioners present Painted Chamber Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Knight Valentine Wauton Esq Edward Whaley Esq Thomas Harrison Esq Thomas Pride Esq Sir Thomas Maleverer Baronet James Challoner Sir John Danvers John Fry Sir Gregory Norton Augustine Garland Peter Temple Daniel Blagrave John Ven. Henry Martin William Purefoy John Blackistone Gilbert Millington Edmond Ludlow John Hutchinson John Corbet Robert Tichbourne Esq Owen Roe Esq John Dean Esq John Huson Esq Cornelius Holland Esq John Carew Esq Thomas Lister Esq Sir Henry Mildmay Knight Thomas Challoner Esq Peregrine Pelham Esq John Moor Esq William Say Esq Francis Lassells Esq Henry Smith Esq Thomas Scot Esq Nicholas Love Esq Vincent Potter Esq Adrian Scroope Esq John Dixwell Esq John Lisle Esq John Okey Esq John Berkstead Esq The Court being sat in the Place aforesaid began to take into consideration the manner and order that they intended to observe at the Kings Tryal and appointed two Ushers of the Court viz. Mr. Edward Walford and Mr. Vowell and Mr. Litchman was chosen a Messenger of this Court John Bradshaw Serjeant at Law a Commissioner of this Court was then chosen President of the said Court who being absent Mr. Say one of the Commissioners then present was appointed President Pro tempore and untill the said Serjeant Bradshaw should attend the said Service the said Mr. Say accordingly took his place and gave the thanks of this Court to Mr. Garland one of the Commissioners of this Court for his great pains by him formerly taken about the business of this Court The Court were informed of the great and important Imployment that at present lay upon Mr. Greaves in the behalf of the Commonwealth from which he cannot be spared without prejudice to the Publique and it was therefore moved in his behalf that he might be Excused from attending the service of one of the Clerks of the said Court which the Court admitted as a sufficient Excuse and thereupon Mr. Andrew Broughton was named and appointed one of the Clerks of this Court with John Phelpes the said John Phelpes being then sent for by a Messenger of the Court and accordingly making his appearance was commanded to attend the said service who attended the same accordingly and a Messenger of the Court was sent to Summon the said Mr. Broughton Mr. Aske Mr. Steel Dr. Dorislaus and Mr. Cooke are appointed Councel in the behalf of the Common-wealth to prepare and
prosecute the Charge against the King according to the Act of the Commons Assembled in Parliament in that behalf and in particular the Court did appoint Mr. Steel Attorney and Mr. Cooke Solicitor to take care thereof And the Act for Constituting the said Court was ordered to be transcribed and delivered to the said Councel which was done accordingly Mr. Love Mr. Lisle Mr. Millington Mr. Garland Mr. Marten Mr. Tho. Challoner Sir John Danvers and Sir Henry Mildmay or any two of them are appointed a Committee to consider of all circumstances in matter of order and method for the carrying on and managing the Kings Tryal and for that purpose to advise with the Councel assigned to prove the Charge against the King and to make Report therein the next Sitting and the care of the business is particularly recommended to Mr. Love Edward Dendy Serjeant at Arms made return of the Precept of the Eighth instant for Proclaiming the Sitting of the Court which was received the said Serjeant Dendy having Proclaimed the same by the sound of Trumpet in Westminster Hall as also at the Old Exchange and in Cheapside Edward Dendy Serjeant at Arms is appointed Serjeant at Arms to attend the said Court Mr. John King is appointed Cryer of the said Court The Court having thus made preparations for the said Tryal during all which time they sate private the doors are now opened for all parties that had any thing to do there to give their attendance Three Proclamations being made by the Cryer the Act for constituting the said Court was openly read and the Court called the Commissioners present were as before-named The Commissioners that were absent were ordered to be summoned to attend the said Service and Summons were issued forth accordingly The Court Adjourned it self till Fryday Jan. 12 th at Two of the Clock in the Afternoon to the same place Januarii 12 1648. At which time the Commissioners Present were as after-named Die Veneris 12 Januarii 1648. Painted Chamber Commissioners Present Oliver Cromwell Esq Sir John Danvers Thomas Hammond Esq Peregr Pelham Esq Herbert Morley Esq James Temple Esq William Say Esq John Huson Esq Sir John Bourchier Kt. John Bradshaw Serj. at Law Gilbert Millington Esq John Moore Esq John Brown Esq John Fry Esq Sir Hardress Waller Kt. Adrian Scroope Esq Thomas Challoner Esq Thomas Pride Esq John Lisle Esq Owen Roe Esq Thomas Scot Esq John Jones Esq John Carew Esq John Fagg Esq Henry Marten Esq John Blackistone Esq John Dove Esq Henry Smith Esq John Ven Esq John Downs Esq Nicholas Love Esq Thomas Harrison Esq John Berkstead Esq With divers more Serjeant Bradshaw upon special Summons attended this Court being one of the Commissioners thereof and being according to former Order called to take his place of President of the said Court made an earnest Apology for himself to be excused but therein not prevailing in obedience to the Commands and Desires of this Court he submitted to their Order and took place accordingly and thereupon the said Court Ordered concerning him as followeth viz. That John Bradshaw Serjeant at Law who is appointed President of this Court should be called by the Name and have the Title of Lord President and that as well without as within the said Court during the Commission and Sitting of the said Court Against which Title he pressed much to be heard to offer his Exceptions but was therein over-ruled by the Court. Mr. Andrew Broughton attended according to former Order and it was thereupon again Ordered That Andrew Broughton and John Phelpes Gent. be and they are hereby constituted Clerks of the said Court and enjoyned to give their Attendance from time to time accordingly Ordered That the Councel assigned or such as They or any of Them shall appoint shall have power to search for all Records and Writings concerning the King's Tryal and to take into their custody or order the producing of all such Records and Papers or Copies thereof by any Clerk or other Person whatsoever at or before the said Tryal as they shall judge requisite the Said Councel giving a Note under their Hands of their Receipt of all such Original Books and Papers which they shall so take into their custody And that the said Councel shall have power to send for such person or persons at or before the said Tryal and to appoint by Writing under their Hands their Attendance for the Service of the State in this Business as they shall think requisite requiring all Persons concerned to yield Obedience thereunto at their perils Sir Hardress Waller Knight and Col. Harrison are Ordered to desire the Lord General from time to time to appoint sufficient Guards to attend and guard the said Court during their Sitting Ordered That Col. Tichbourne Col. Roe Mr. Blackistone and Mr. Fry Members of this Court shall and do make Preparations for the Tryal of the King That it may be performed in a Solemn Manner and that they take care for other necessary Provisions and Accommodations in and about that Tryal and are to appoint and command such Workmen in and to their Assistance as they shall think fit Mr. Love Reporteth from the Committee appointed Jan. 10 th instant to consider of the Circumstances in Matters of Order for Tryal of the King And it is thereupon Ordered That in managing the Proceedings in Open Court at the time of the King's Tryal none of the Court do speak but the President and Councel and in case of any Difficulty arising to any one that he speak not to the Matter openly but desire the President that the Court may please to Advise By which Order it is not intended that any of the Commissioners be debarred at the Examination of any Witness to move the Lord President to propound such Question to the Witness as shall be thought meet for the better disquisition and finding out of the Truth Ordered That there shall be a Marshal to attend this Court if there be cause Ordered That the Lord President and Councel do manage the Tryal against the King according to Instructions to be given them by the Court and that the Committee for considering of all circumstances for the managing of the King's Trial do consider of Rules and Instructions in that behalf and are to consult with the Councel and address themselves to the Lord President for Advice in the Premises Ordered That the Councel do bring in the Charge against the King on Monday next The Committee for considering of the Circumstances of Order for the King's Trial together with Sir Hardress Waller Col. Whaley Mr. Scot Col. Tichbourne Col. Harrison Lieut. Gen. Cromwell and Col. Deane are appointed to consider of the place for Trying the King and make Report to morrow in the Afternoon and are to meet to morrow Morning in the Inner Court of Wards at Nine of the Clock and who else of the Court please may be there The Court Adjourned it self till the Morrow in the Afternoon at
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
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
Francis Allen. Sir Tho. Maleverer Bar. Valentine Wauton Peter Temple John Fry Thomas Scot. Henry Smith Thomas Pride Augustine Garland John Venn Sir John Bourchier William Purefoy Sir William Constable Bar. Isaac Pennington Ald. of Lond. Thomas Harrison Edmund Harvey John Hutchinson Oliver Cromwell Thomas Lord Grey of Groby Sir Gregory Norton Bar. Robert Wallop James Temple Owen Roe Richard Deane William Goffe Francis Lassels Edmond Ludlow William Cawley Gilbert Millington Sir Hardress Waller Anthony Stapeley John Jones Nicholas Love John Carew Tho. Andrews Ald. of Lond. Isaac Ewers John Huson Cornelius Holland Humphrey Edwards Vincent Potter John Okey John Blackistone Thomas Hammond Daniel Blagrave William Heveningham Sir Michael Livesey John Berkstead Peregrine Pelham John Downes Adrian Scroope John Dixwell John Moore Robert Tichbourne James Challoner Gregory Clement William L. Mounson Henry Marten Tho. Challoner Here the Court sit private Ordered That the Committee for nominating the Officers of this Court together with the Committee for nominating the Guards do consider of an Allowance for Diet of the Officers and what other satisfaction they shall have for their Service Col. Harvey informeth the Court That he was desired to signifie unto this Court in the behalf of Mr. John Corbet Member of this Court that his absence is not from any disaffection to the Proceedings of this Court but in regard of other especial Employment that he hath in the Service of the State Here the Court considered of the King's Carriage on the Saturday before and of all that had then passed on the Courts behalf and approved thereof as agreeing to their Sense and Directions and perceiving what the King aimed at viz to bring in question if he could the Jurisdiction of the Court and the Authority whereby they sate and considering that he had not in the interim acknowledged them in any sort to be a Court or in any Judicial capacity to determine of his Demand and Plea and that through their sides he intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representative The Commons Assembled in Parliament after Advice with their Councel Learned in both Laws and mature Deliberation had of the Matter Resolved That the Prisoner should not be suffered to bring these things in question which he aimed at touching that Highest Jurisdiction whereof they might not make themselves Judges and from which there was no Appeal And therefore Order and Direct viz. Ordered That in case the King shall again offer to fall into that Discourse the Lord President do let him know That the Court have taken into consideration his Demands of the last Day and that he ought to rest satisfied with this Answer That the Commons of England Assembled in Parliament have Constituted this Court whose Power may not nor should not be permitted to be disputed by him and that they were resolved he should answer his Charge That in case he shall refuse to Answer or acknowledge the Court the Lord President do let him know that the Court will take it as a Contumacy and that it shall be so Recorded That in case he shall offer to Answer with a Saving Notwithstanding of his pretended Prerogative That the Lord President do in the Name of the Court refuse his Protest and require his Positive Answer to the Charge That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring such his intention a Copy be granted unto him That in case the King shall still persist in his Contempt the Lord President do give Command to the Clerk to demand of the King in the Name of the Court in these Words following viz. CHARLES STUART King of England You are accused in the behalf of the People of England of diverse High Crimes and Treasons which Charge hath been read unto You The Court requires you to give a Positive Answer whether You confess or deny the Charge having determined that You ought to Answer the same Ordered That the Commissioners shall be called in open Court at the Courts Sitting in the Hall and that the Names of such as appear shall be Recorded Hereupon the Court forthwith Adjourned it self into Westminster-Hall Westminster-Hall 22 Jan. 1648. Post Merid. The Commissioners coming from the Painted Chamber take their Place in the Publick Court in Westminster-Hall as on Saturday before and being sate and the Hall Doors set open Three Proclamations are made for all Persons that were Adjourned over to this time to give their Attendance and for all Persons to keep Silence upon pain of Imprisonment The Court is thereupon called Commissioners Present in Westminster-Hall 22 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court William Say John Lisle Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Edmund Ludlow John Huson William Goffe Cornelius Holland John Carew Robert Lilbourne John Jones Francis Allen. Peregrine Pelham Thomas Challoner John Moore John Aldred Francis Lassels Henry Smith James Challoner Gregory Clement John Fry Thomas Wogan Peter Temple Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. Henry Martin William Purefoy John Berkstead William Tomlinson John Blakistone Gilbert Millington Sir William Constable Bar. Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Deane John Okey John Hutchinson Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland John Dixwell James Temple Daniel Blagrave Humphrey Edwards The Court being called the Serjeant is commanded to fetch his Prisoner The King is again brought Prisoner to the Bar as on Saturday before Proclamation is made for Silence whilst Pleas of the Commonwealth were in hand and Order given to the Captain of the Guard to take into his Custody such as should disturb the Court. Mr. Sollicitor moved the Court that the Prisoner might give a Positive Answer to his Charge or otherwise that the Court would take the Matter of it pro Confesso and proceed thereupon according to Justice which being pressed by the Court upon the Prisoner and their Judgment again made known unto him That he was to Answer his Charge otherwise that his Contumacy would be recorded The Prisoner that notwithstanding still insisted upon his former Plea and that the Court had no Power nor the Commons of England who had constituted it to proceed against him upon which the Clerk of the Court by Command and according to former Order required his Answer in the Form prescribed and the Prisoner still refusing to submit thereto his Default and Contempt were again Recorded the Prisoner remanded and the Court Adjourned it self till the
in which I having concluded as much as in Me lay and hopefully expecting the Houses Agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My Will brought hither vvhere since I am come I cannot but to My Power defend the Ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the Major part of them are detained or deterred from Sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your Pretended Court. Besides all this the Peace of the Kingdom is not the least in My Thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole Frame of that Government under which this Kingdom hath flourished for many hundred Years nor will I say what will fall out in case this lawless unjust Proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late Years under the Reign of Queen Elizabeth the King My Father and My Self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any New And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the Ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your Pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will Answer or that you will withdraw your Proceedings This I intended to speak in Westminster-Hall on Monday January 22. but against Reason was hindred to shew my Reasons Painted Chamber Martis 23 Jan. 1648. Three Proclamations are made and all Parties concerned required to give their Attendance Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Sir James Harrington Kt. Francis Allen. Henry Marten Thomas Scot. Sir Hardress Waller Edm. Whalley John Venn Richard Deane John Huson Thomas Lord Grey of Groby William Purefoy Daniel Blagrave Isaac Pennington Ald. of Lond. Thomas Harrison Adrian Scroope Robert Lilbourne Sir Gregory Norton Cornelius Holland William Cawley Augustine Garland Nicholas Love Tho. Hamond John Moore Edmond Harvey Thomas Pride Henry Smith Thomas Challoner Miles Corbet John Okey Sir William Constable Bar. Gilbert Millington Humphrey Edwards Anthony Stapeley Robert Tichbourne Sir John Danvers Simon Meyne Vincent Potter Oliver Cromwell Edmond Ludlow John Blackistone Sir Henry Mildmay John Hutchinson Peter Temple Henry Ireton Sir Michael Livesey Bar. John Jones James Temple Isaac Ewers Sir John Bourchier John Fry Sir Tho. Maleverer Bar. Gregory Clement John Carew Tho. Andrews Ald. of Lond. John Dixwell Sir Gilbert Pickering Bar. William Heveningham Valentine Wauton John Downs Owen Roe Here the Court sate private And taking into consideration the Proceeding of the last Court the last day fully approved of what in their behalf had been then said and done and likewise taking into consideration the Demeanor of the King at the said Court have notwithstanding resolved to try him once more whether he will own the Court and to that purpose Ordered That the Lord President do acquaint the King in case he shall continue contumacious that he is to expect no further time and that the Lord President do therefore in the Name of the Court require his Positive and Final Answer and if he shall still persist in his obstinacy that the Lord President give Command to the Clerk to read as followeth viz. CHARLES STVART King of England you are accused on the behalf of the People of England of divers High Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your final and positive Answer by way of Confession or Denial of the Charge Nevertheless if the King should submit to answer and desire a Copy of his Charge that it be granted him by the Lord President notwithstanding giving him to know That the Court might in Justice forthwith proceed to Judgment for his former Contumacy and Failer to Answer and that he be required to give his Answer to the said Charge the next day at One of the Clock in the Afternoon Whereupon The Court Adjourned to Westminster-Hall forthwith Westminster-Hall 28 Jan. 1648. Post Merid. Three Proclamations being made and Attendance and Silence commanded as formerly The Court is thereupon called Commissioners present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Thomas Pride Isaac Ewer Henry Martin William Purefoy John Berkstead John Blakistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore William Say John Dixwell Sir Henry Mildmay Kt Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. Sir James Harrington Kt. Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. John Aldred Henry Smith James Temple Peter Temple Daniel Blagrave Humphrey Edwards Gregory Clement John Fry Thomas Wogan Sir Gregory Norton Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland Simon Meyne The Court being called the Serjeant is required to send for the Prisoner who was accordingly brought to the Bar where he took his Seat as formerly Proclamation is thereupon made for Silence while the Pleas of the Commonwealth are in hand and the Captain of the Guard commanded by Proclamation to take into custody all that shall disturb the Proceedings of the Court Mr. Sollicitor Cooke addressing himself to the Court repeated the former Delays and Contempts of the Prisoner so as that no more needed on his part but to demand Judgment yet offered notwithstanding the Notoriety of the Facts charged mentioned in the Commons Act appointing the Tryal to prove the Truth of the same by Witnesses if thereto required and therefore prayed and yet he said not so much he as the innocent Blood that had been shed the cry whereof was very great that a speedy Sentence and Judgment might be pronounced against the Prisoner at the Bar according to Justice Hereupon the Court putting the
be active for him against the Parliament as they had been active for them against him then he would grant them whatsoever freedom they would desire And the King did then refer this Deponent unto the E. of Bristol for the further prosecuting of the said Business And the said Earl thereupon this Deponent being withdrawn from the King did declare unto this Deponent and willed him to inpart the same unto the Independents for their better encouragement That the King's Affairs prospered well in Ireland That the Irish Subjects had given the Rebels meaning the Parliaments Forces a great Defeat That the King had sent the Lord Byron with a small Party towards Cheshire and that he was greatly multiplied and had a considerable Army and was then before Namptwich and would be strengthened with more Soldiers out of Ireland which were come and expected dayly And when this Deponent was to depart out of Oxford four safe Conducts with Blanks in them for the inserting of what Names this Deponent pleased were delivered to him under the King's Hand and Seal and one Ogle was sent out of Oxon with this Deponent to treat about the Delivering up of Alisbury to the King it being then a Garrison for the Parliament and at the same time Oxford was a Garrison for the King Several Papers and Letters of the King 's under his own Hand and of his own Writing and other Papers are produced and read in open Court Mr. Thomas Challoner also reporteth several Papers and Letters of the Kings writing aud under the Kings own Hand After which the Court sate private The Court taking into Consideration the whole Matter in Charge against the King passed these Votes following as preparatory to the Sentence against the King but Ordered that they should not be binding finally to conclude the Court viz. Resolved upon the whole matter That this Court will Proceed to entence of Condemnation against Charles Stuart King of England Resolved c. That the Condemnation of the King shall be for a Tyrant Traitor and Murtherer That the Condemnation of the King shall be likewise for being a publique Enemy to the Common-wealth of England That this Condemnation shall extend to Death Memorandum The last aforementioned Commissioners were present at these Votes The Court being then moved concerning the Deposition and Deprivation of the King before and in Order to that part of his Sentence which concerned his Execution thought fit to defer the Consideration thereof to some other time and Ordered the Draught of a Sentence grounded upon the said Votes to be accordingly prepared by Mr. Scot Mr. Marten Col. Harrison Mr. Lisle Mr. Say Commissary Gen. Ireton and Mr. Love or any three of them with a Blank for the manner of his Death Ordered That the Members of this Court who are in and about London and are not now present be Summoned to attend the Service of this Court to morrow at One of the Clock in the Afternoon for whom Summons were issued forth accordingly The Court Adjourned it self till the Morrow at One of the Clock in the Afternoon Veneris 26 Jan. 1648. post Merid. Painted Chamber Three Proclamations The Court called Commissioners present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Thomas Pride Isaac Ewers Thomas Lord Grey of Groby Sir John Danvers Sir Henry Mildmay Kt. William Heveningham Henry Martin William Purefoy John Blakistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Dixwell Simon Meyne Peter Temple Thomas Wait. Cornelius Holland Thomas Scot. Francis Allen. Richard Deane John Okey John Huson John Carew John Jones Miles Corbet William Goffe Peregrine Pelham John Moore William Lord Mounson Humphrey Edwards Thomas Wogan Sir Gregory Norton John Dove John Venn William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond John Lisle Nicholas Love Augustine Garland George Fleetwood James Temple Daniel Blagrave John Browne Henry Smith John Berkstead Sir Thomas Maleverer Bar. Vincent Potter Here the Court sate private The Draught of a Sentence against the King is according to the Votes of the 25 th Instant prepared and after several Readings Debates and Amendments by the Court thereupon Resolved c. That this Court do agree to the Sentence now read That the said Sentence shall be ingrossed That the King be brought to Westminster to morrow to receive his Sentence The Court Adjourned it self till the Morrow at Ten of the Clock in the Morning to this Place the Court giving notice that they then intended to Adjourn from thence to Westminster-Hall Sabbati 27 Jan. 1648. Painted Chamber Three Proclamations being made The Court is thereupon called Commissioners present John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Henry Marten William Purefoy John Berkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Augustine Garland George Fleetwood James Temple Daniel Blagrave John Browne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore William Say John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scott Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Tho. Hamond John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple Thomas Waite The Sentence agreed on and ordered by this Court 26 Instant to be ingrossed being accordingly ingrossed was read Resolved That the Sentence now read shall be the Sentence of this Court for the Condemnation of the King which shall be Read and Published in Westminster-Hall this day The Court hereupon considered of certain Instructions for the Lord President to manage the Business of this day in Westminster-Hall and Ordered That the Lord President do manage what Discourse shall happen between him and the King according to his discretion with the advice of his two Assistants and that in case the King shall still persist in excepting against the Courts Jurisdiction to let him know that the Court do still affirm their Jurisdiction That in case the King shall submit to the Jurisdiction of the Court and pray a Copy of the Charge that then the Court do withdraw and advise That in case the King shall move any thing else worth the Courts Consideration that the Lord President upon Advice of his said Assistants do give Order for the Courts withdrawing to advise That in case the King shall not submit to Answer and there happen no such
Cause of withdrawing that then the Lord President do command the Sentence to be read but that the Lord President should hear the King say what he would before the Sentence and not after And thereupon it being further moved Whether the Lord President should use any Discourse or Speeches to the King as in the case of other Prisoners to be condemned was usual before the Publishing of the Sentence received general Directions to do therein as he should see cause and to press what he should conceive most seasonable and sutable to the Occasion And it was further directed That after the Reading of the Sentence the Lord President should declare that the same was the Sentence Judgment and Resolution of the whole Court and that the Commissioners should thereupon signifie their Consent by standing up The Court forthwith Adjourned it self to Westminster-Hall 27 Jan. 1648. post Merid. Westminster-Hall The Lord President and the rest of the Commissioners come together from the Painted Chamber to Westminster-Hall according to their Adjournment and take their Seats there as formerly and three Proclamations being made for Attendance and Silence The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Barkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregr Pelham Daniel Blagrave Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. L. Grey of Groby Sir John Danvers Sir Thomas Maleveâ—eâ— Bar. John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawleâ— Anthony Stapeley John Downs Thomas Horton Thomas Hamond Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter Temple Thomas Waite The Prisoner is brought to the Bar and Proclamation is again as formerly made for Silence and the Captain of the Guard ordered to take into his Custody all such as should disturb the Court. The President stood up with an intention of address to the People and not to the Prisoner who had so often declined the Jurisdiction of the Court which the Prisoner observing moved he might be heard before Judgment given whereof he received assurance from the Court and that he should be heard after he had heard them first Whereupon the Court proceeded and remembred the great Assembly then present of what had formerly passed betwixt the Court and the Prisoner the Charge against him in the Name of the People of England exhibited to them being a Court constituted by the Supream Authority of England his refusal three several days and times to own them as a Court or to answer to the Matter of his Charge his thrice recorded Contumacy and other his Contempts and Defaults in the precedent Courts upon which the Court then declared that they might not be wanting to themselves or to the Trust reposed in them and that no mans Wilfulness ought to serve him to prevent Justice and that they had therefore thought fit to take the substance of what had passed into their serious consideration to wit the Charge and the Prisoners Contumacy and the Confession which in Law doth arise upon that Contumacy the Notoriety of the Fact charged and other the Circumstances material in the Cause and upon the whole Matter had resolved and agreed upon a Sentence then ready to be pronounced against the Prisoner But that in regard of his desire to be further heard they were ready to hear him as to any thing material which he would offer to their consideration before the Sentence given relating to the Defence of himself concerning the Matter charged and did then signifie so much to the Prisoner who made use of that leave given only to protest his respects to the Peace of the Kingdom and Liberty of the Subject and to say That the same made him at last to desire That having somewhat to say that concerned both he might before the Sentence given be heard in the Painted Chamber before the Lords and Commons saying it was fit to be heard if it were Reason which he should offer whereof they were Judges And pressing that Point much he was forthwith answered by the Court and told That that which he had moved was a declining of the Jurisdiction of the Court whereof he had Caution frequently before given him That it sounded to further delay of which he had been too much guilty That the Court being founded as often had been said upon the Authority of the Commons of England in whom rested the Supream Jurisdiction the motion tended to set up another or a co-ordinate Jurisdiction in derogation of the Power whereby the Court sate and to the manifest delay of theif Justice in which regard he was told they might forthwith proceed to Sentence yet for his further satisfaction of the entire Pleasure and Judgment of the Court upon what he had then said he was told and accordingly it was declared that the Court would withdraw half an hour The Prisoner by command being withdrawn the Court make their recess into the Room called The Court of Wards considered of the Prisoners Motion and gave the President Direction to declare their Dissent thereto and to proceed to the Sentence The Court being again set and the Prisoner returned was according to their Direction informed That he had in effect received his Answer before the Court withdrew and that their Judgment was as to his Motion the same to him before declared That the Court acted and were Judges appointed by the Highest Authority and that Judges were not to delay no more than to deny Justice That they were good words in the great old Charter of England Nulli negabimus nulli vendemus nulli differemus Justitiam vel Rectum That their Duty called upon them to avoid further Delays and to proceed to Judgment which was their unanimous Resolution Unto which the Prisoner replied and insisted upon his former Desires confessing a delay but that it was important for the Peace of the Kingdom and therefore pressed again with much earnestness to be heard before the Lords and Commons In Answer whereto he was told by the Court That they had fully before considered of his Proposal and must give him the same Answer to his renewed desires and that they were ready to proceed to Sentence if he had nothing more to say Whereunto he subjoyned He had no more to say but desired that might be Entred which he had said Hereupon after some Discourse used by the President for vindicating
in the said Charge set forth and that the said War hath been Levied maintained and continued by him as aforesaid in prosecution and for accomplishment of the said Designs And that he hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of High Treason and of the Murthers Rapines Burnings Spoils Desolations Dammage and Mischief to this Nation acted and committed in the said War and occasioned thereby For all which Treasons and Crimes this Court doth adjudge That he the said CHARLES STVART as a Tyrant Traytor Murtherer and Publick Enemy to the good People of this Nation shall be put to Death by the severing of his Head from his Body This Sentence being read the President spake as followeth The Sentence now Read and Published is the Act Sentence Judgment and Resolution of the whole Court Whereupon the whole Court stood up and owned it The Prisoner being withdrawn the Court Adjourned it self forthwith into the Painted Chamber The Court being sate in the Painted Chamber according to Adjournment from Westminster-Hall aforesaid Painted Chamber Commissioners present John Bradshaw Serjeant at Law Lord President John Lisle William Say Oliver Cromwell Henry Ireton Sir Hardress Waller Thomas Waite Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. John Downes Henry Marten John Berkstead Matthew Tomlinson Gilbert Millington John Blackistone Sir William Constable Bar. John Hutchinson Sir Michael Livesey Bar. John Dixwell James Temple Tho. Andrews Ald. of Lond. Anthony Stapeley Tho. Hamond Peter Temple Edmund Ludlow Robert Tichbourne Nicholas Love Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Simon Meyne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. John Venn Thomas Scott Edmund Harvey William Cawley Thomas Horton Augustine Garland Daniel Blagrave Sir Hardress Waller Col. Harrison Commissary Gen. Ireton Col. Deane and Col. Okey are appointed to consider of the Time and Place for the Execution of the Sentence against the King And then the Court Adjourned it self till Monday Morning at Eight of the Clock to this Place The more full Account of this Days Action take as follows The King being come in in his wonted Posture with his Hat on some of the Soldiers began to call for Justice Justice and Execution But Silence being Commanded His Majesty began I desire a Word to be heard a little and I hope I shall give no occasion of Interruption Bradshaw Sawcily Answered You may answer in your time Hear the Court first His Majesty patiently Replied 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 Judgment Bradshaw Sir You shall be heard in due time but you are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir You shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir Shall I be heard before the Judgment be given Bradshaw Gentlemen It is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before 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 required to Answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the Highest Court that pointed them to Try and Judge him But being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit to answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any mans Wilfulness prevent Justice they have thought fit to take the Matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner And upon the whole Matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir Thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supream Authority of the Commons of England which this Court will not admit a Debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in Defence of your self concerning the Matter Charged the Court hath given me in command to let you know they will hear you King Since I see that you will not hear any thing of Debate concerning that which I confess I thought most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you That this many-a-day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honour And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for my self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that my true Zeal to my Countrey had not overborn the care that I have for my own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled And truly the self same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes me now at last desire That I having something to say that concerns both before Sentence be given that I may be heard in the Painted Chamber before the