for the defending my self yet upon hearing this very indictment my reason tells me that it is illegall and therefore I do demand Councell that may dispute the illegality thereof Serjeant Glyn. Sir you desire that which cannot be granted therefore give your answer whether you are guilty or not guilty of the Treason of which you stand charged Col. Pen. Sir by your favour it is that which hath been granted to my inferiors viz to Mr. Lilburn and to one Rolf a Shoemaker and I have as great a right to the Lawes as any person that sits here as my Judge I do therefore challenge it as my right Judge Nicholas whom I there see will tell you he himself was councell for this Rolf and it is a hard case if a free-born Gentleman of England cannot have the same priviledge that his inferiors have had before him Attorney Generall Sir there is a great difference between Treason acting and acted the later is your case therefore flatter not yourself and do not think your being mute shal save your estate in case of treason for if you plead not to the indictment sentence will be pronounced against you as if you had been found guilty of the fact you are charged with Col. Pen. Sir I observe your distinction but all the Logick you have shall not make me nor any Rationall man acknowledge that this was either acting or acted before it be proved Sir it is but a bare suspicion and I hope you will not condemne me before I am convicted I say the Indictment is illegall and I do demand Councell At. Gen. Sir the Court must not be dallied withall I do peremtorily demand of you are you guilty or not guilty If you plead you may have favour otherwise we shall proceed to sentence Col. Pen Sir put case I do plead shall I then have Councell allowed me At. Gen. Sir the Court makes no bargains refer your self to us Hereupon my fellow-prisoners perswaded me to plead not guilty which being done I demanded Councell as being partly promised it Mr. Attorney told me I could have none Then I replyed Col. Pen. Sir Durus est hic sermo it is no more then Jexpected fromy you but rather then I will be taken off unheard I will make my own defence as well as I can The Jurors being then called I challenged about 24 of the 35. I might have challenged The rest of the Gentlemen were sent from the bar I was left alone upon my triall and the Jurors were so pact that had I known them the issue had been the same that it was The Jurors being sworn and the Indictment again read Mr. Atturney demanded what exception I could make to it Col. Pen. Sir I except against every part thereof For I take it to be illegall in toto Composito Recorder Steel Sir It is not usual for any Court to admit of generall exceptions therefore we expect that you should make it to some particular Col. Pen. Sir I desire a Copy of my Indictment and time untill tomorrow to make my defence At. Gen. Sir You cannot have it the Court expects you should do it now Col. Penruddock Then if I cannot have time if my Generall exception might have been admitted it would have told you that there can be no high Treason in this nation but it must be grounded upon the Common or the Statute law But this is neither ground upon the Common Law or the Statute ergo no Treason against a Protector who hath no power according to Law neither is there any such thing in Law as a Protector for all Treasons and such pleas are Propria Causa Regis Ser. Glyn. Sir You are peremptory you strike at the Government you will fare never a whit the better for this speech speak as to any particular exception you have to the Indictment Col. Penruddock Sir If I speak any thing which grates upon the present Government I may confidently expect your pardon my life is as deare to me as this Government can be to any of you The holy Prophet David when he was in danger of his life feigned himself mad the spittle hung upon his beard you may easily therefore excuse my imperfections And since I am now forced to give you my particular exception more plainly to the Indictment I am bold to tell you I observe in the latter part of the Indictment you say I am guilty of High Treason by vertue of a statute in that case made and provided If there be any such Statute pray let it be read I know none such My Actions were for the King and I well remember what Bract saith Rex non habet superiorem nisi Deum satis habet ad poenam quod Deum expectat ultorem And in another place he saith Rex habet potestatem jurisdictionem super omnes qui in regno suo sunt ea quae sunt jurisdictionis pacis ad nullum pertinent nisi ad regiam dignitatem habet etiam coertionem ut delinquentes puniat coerceat Again he saith Omnes sub Rege ipse nullo nisi tantum Deo non est inferior sibi subjectis non parem habet in regno suo This shewes us where the true power is You shall finde also That whosoever shall refuse to aid the King when war is levied against him or any that keep the King from his just Rights offends the law and is thereby guilty of Treason Again All men that adhere to the King in personall service are freed from Treason by Law and yet you tell me of a Statute which makes my adhering to the King according to Law to be high Treason Pray let it be read At. Gen. You have not behaved your self so as to have such a favour from the Court. Col. Pen. Sir I require it not as a favour but as my Right At. Gen. Sir you cannot have it Col. Pen. If I cannot have it these Gentlemen that are the Jurors have not offended you their verdict reaches to their souls as to my life pray let not them go blindfold but let that Statute be their guide At. Gen. Sir The Jury ought to be satisfied with what hath been already said and so might you too Col. Pen. Sir I thank you you now tell me what I must trust to Mr Atturny then made a large speech in the face of the Court wherein he aggravated the offence with divers circumstances as saying I had been four years in France and held a corespondency with the King my Master of whom I had learned the Popish Religion That I endeavoured to bring in a debauched lewd young man and to engage this Nation in another bloody war and that if I had not been timely prevented I had destroyed them meaning the Jurors and their whole families I interrupted him and said Col. Pen. Mr Atturny you have been heretofore of Councel for me you then made my case better then indeed it was I see you have the faculty to make
I can The Reasons for which in conscience and duty which I ow first unto God and afterwards to my people for the preservation of their lives their liberties and their fortunes I believe I cannot answer untill I am satisfied of your legality of it All proceeding against any man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceeding of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appeare a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunall of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law and reason and although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England than you are and if I should believe any man without he gives me Reasons what he saith It would be abused but I say unto you that the Reasons which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you spake of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you dispute against our Authority This again hath been told you by the Court. Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Professe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir it is not lawfull for you or any man else to dispute against this subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunall If you shall yet do it I must intimate unto you that they are above objections They set here by Authority of the Commons of England and all your Predecessors and you your selfe are bound to be accountable to them King I sdeny that shew me one example L. President Sir you ought not to interrupt but attend whilst the Court speakes unto you This subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of judicature and I would fain know how they came to be made so now President Sir it is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charles Stuard King of England you have been accused in the Name of the people of England of High Treason and other grievous Crimes The Court hath determined that you shal answer to your charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speake Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir it is not for prisoners to demand King Prisoners Sir I am no ordinary prisoner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supreme Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir we shew it you here the Commons of England and the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisoner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the laws and the Liberties of the people let England and all the world judge King Sir by your leave I have alwayes loved the Liberty the Immunities Laws of the subjects If I have defended myself by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what hour they intended to adjourn again to Westminster-hal where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Genrall turning to the L. President spake in these words May it please your Lordship This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannical Government and set up his standard of warre against his Parliament and his people and I did humbly pray in the behalf of the people of England that he might speedily be required to make an answer to his charge But my Lord instead of making an answer he
and imployed for the safety of the Nation being by him and his agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and commission for the continuing and renewing of war and hostility against the said Parliament and people as aforesaid By which cruel and unnaturall wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent bloud of the Free-people of this nation hath been spilt many families have been undone the publick treasury wasted and exhausted trade obstructed miserablely decayed vast expence and damage to the Nation incurred and many parts of the land spoiled some of them even to desolation And for further prosecution of his said evill designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraginers and to the Earl of Ormand and to the Irish Rebles and Revolters associated with him from whom further invasions upon this Land are thretned upon the procurment and on the behalfe of the said Charles Stuart All which wicked designes wars and evill practises of him The said Charles Stuart have been and are carried on for the advancing and upholding of the personall Interest of Will and Power and pretended Prerogative to himself and family against the publique intrest Common Right Liberty Justice and peace of the people of this Nation by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the occasioner author and contriver of the said unnatural cruel and bloudy wars and therein guilty of all the treasons murthers rapines burning spoils desolations damage and mischief to this Nation acted or committed in the said wars or occasioned thereby And the said John Cook by protestation saveing on the behalf of the people of England the liberty of exhibiting at any time hereafter any other Charge against him the said Charles Stuart and also of the replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons crim's on the behalf of the said people of England impeach the said Charles Stuart as a Tyrant Tration Murtherer and a publick an implacable enemy to the Common-wealth of England And pray That the said Charles Stuart King of England may be put to answer all and every the premises that such proceedings examminations tryals sentence and Judgement may be there aupon had or shall be agreable to Justice The King was often times observed to smile in indignation during the reading of the Charge espacially at the words Tyrant TRATOR MURDERER and publick enemy to the Common-wealth The full Proceedings of the High Court of Justice against King Charls I. In Westminster Hall on Saturday the 20. of Ianuary 1648. L. President Bradshaw SIR You have now heard the Charge read containing such matters as do appear therein you have observed that in the Conclusion thereof It is required of the Court in the Name of the Commons of England that you answer to your charge which the Court doth expect The King I would be satisfied by what power I am called hither It is not long since that I was in the Isle of Wight How I came thither the story is longer than I conceive fitting in this place to declare But I there entered upon a Treaty with both Houses of Parliament with as much publick faith as its possible to be obtained from any people in the World I there treated with a number of honourable Lords and Gentlemen and I treated honestly and faithfully with them I cannot say but they dealt very ingenuously with me and we proceeded so far that the Treaty was even concluded Now I would understand by what Authority I mean lawfull I am brought hither There are many unlawfull Authorities in the world as Thieves and Plunderers in the high-wayes I would know by what authority I was taken from thence and carried from place to place I know not where When I have understood the lawfulnesse of the Authority I will make my Answer In the mean time remember that I am your King your lawfull King and weigh well with your selves what sins you heap on your own heads and the anger and judgements of God which you will bring upon this land I say seriously weigh it before you further do proceed from one sin to a greater Therefore declare unto me by what lawfull Authority I sit here and I will not refuse to Answer you In the mean time I will not betray my trust I have a trust committed to me by God by an ancient and lawfull succession I will not betray that by answering to a new and an unlawfull Authority wherefore satisfie me in this and you shall hear further from me L President Bradshaw If you had but pleased to observe what the Court did suggest unto you when you first came hither you had understood by what Authority you were brought hither which Authority doth require of you in the Name of the People of England by whom you are elected King than you make answer to them King No Sir I deny that L. President Bradshaw If you do not acknowledge the Authority of the Court they ought to proceed against you King I tell them that England was never an elective Kingdom but hereditary for almost these two thousand years Therefore declare unto me by what Authority I am brought hither I labour more for the liberty of my people than any of you who pretend to be my Judges and therefore I say declare unto me by what lawfull Authority I am placed here and I will answer you otherwise I shall make no answer at all L. President Bradshaw Sir how well you have administred the power committed to you is sufficiently known The method of your Answering is to put Interrogatories to the Court which doth not become you in this Condition Twice or thrice it hath been represented to you King There is present here a Gentleman Lieutenant Colonel Cobbet demand of him if he did not bring me from the Isle of Wight by force I come not hither to submit my self in this Court I will do as much for the Priviledges of the House of Commons rightly understood as any other I see not here the House of Lords which is able to constitute a Parliament and the King ought to be the Super-intendent there Is this to bring the King to his Parliament Is this to bring the publick Treaty to an end by the publick Faith of the world Either shew me your Authority established by the Scriptures which are the Word of God or confirmed by the constitutions of the Kingdom and I will answer you L. President Bradshaw Sir you have propounded a question and an answer hath been rendred but if you will not answer to what they do propound the Court will take it into
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 â—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 â—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 thâ—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
County of Nottingham HAs deposed upon Oath that in the summer of 1642. he painted by command of my Lord â—eâ—mant the great Standard of War that was planted upon the high Tower of the Castle of Nottingham and that he often saw the King thereabout at the same time that his Standard was erected and displayed Edward Robert of Bishops Castle in the County of Salop. BEing also examined upon his Oath has deposed that he saw the King in Nottingham whilest his great standard was planted and displayed upon a Tower of the Castle and that he saw the King march at the head of his Army from Shrewsbury to Edge-hill being in the Reer-gard upon the Field where the battle was fought and that also he saw him on Sunday at Brainford after the combat of Saturday-night precedent John Penninger of Hayner in Darby-shire BEing examined upon Oath hath testified that about August 1642. he saw the great standard of War displayed upon one of the Towers of Nottingham Castle that the same day he also saw the King in Thurland-house belonging to the Earle of Clare at Nottingham with Prince Robert Sir Kelam Digby and divers other Lords and people of other condition and that the King had then Canons in the Town that was full of Souldiers Samuel Lawson Brewer of Nottingham HAs deposed upon Oath that about August 1642. he saw the great standard of War brought down from the Castle of Nottingham by divers persons of quality to the next Hill a Herald at Arms marching before them that the said standard was planted upon that hill with great cryes and acclamations with the sound of the Trumpet and Drums that also presently after there was published a Command from the King who was there in person to see his standard Erected adding moreover that the town was full of souldiers And that when the King left the town with the souldiers the Inhabitants were forced to pay a great summe of money to his Army that threatned them plunder if they refused it Thomas Whittington Shoomaker of Nottingham hath deposed upon Oath THat he saw the King in the said Town the same day that his great standard of War was raised on the Castle about the beginning of August 1642. and that the King tooke his journey from Thurland-house towards the said Castle and that he saw him severall times in Nottingham which was full of souldiers who said they were of the Kings army the great standard being then displayed upon the old tower of the Castle Robert Loads of Cottam in Nottinghamshire affirmed upon Oath THat about October 1642. he saw the King in the reere-guard of his Army at Kinton field on a Sunday about which place he saw divers dead bodies on both sides That moreover he saw the King in his Army in Cornwall nigh my Lord Moon 's house in the year 1644. Samuel Morgan Haberdasher of Wellington in the County of Salop deposed upon Oath THat he saw the King on Sunday morning in the field at Kinton upon the highest point of Edgehill at the head of his Army about two hours before the battail began which was after Michelmas 1642. And that afterward he saw at the same place a very great number of dead bodies on both sides and farther that in 1644. he saw the King in his army neere Cropredy bridge put his own men in battaile array James Williams Shoomaker of Rosse in Herefordshire deposed upon Oath THat about October 1642 he saw the King in Kinton-field upon the Hill having his sword drawn in his hand when and where a great battel was fought and many kill'd on both sides Moreover that he saw the King at Brainforâ— on a Sunday before mid day in November the same year whilst his army was all in and about the town Arthur Young Chyrurgion and Burgess of London being examined upon Oath testified THat being in the Battel of Edge-hill that was faught between the Army of the King and that of the Parliament in October 1642. he saw the great Standard brought and displayed in the Kings Army which being taken in the fight it was regained by one Middleton whom the King presently made Colonel John Thomas Labourer in Langellen in the County of Denbigh deposed upon Oath THat he saw the King at Brainford in the County of Middlesex on a Saturday a little after the battle of Edge-hill being followed by a good number of horse and foot and being himself armed a horseback and heard him say to his people passing through the towne Gentlemen you lost your honour at Edge-hill I hope you will recover it here and before the King had ended his speech the two Parties began to skirmish and engaged so far that many were killd on both sides Richard Blomefield Merchant Draper and Citizen of London deposed upon Oath THat he was present at the rout of the Earle of Essex his Army in Cornwall about the end of August or at the beginning of September 1644. where he saw the King on horseback at the head of his army and that he saw divers souldiers of the Parliaments many plundred and dismantled hard by the Kings person against the conditions and Articles agreed upon William Jones Laborour of Vske in Monmouth-shire affirmed upon Oath THat he saw the King coming from Wards Harbrough and marching at the end of his Army towards Naseby where the battle was fought a little after and that the King being advanced towards the Regiment of Colonel t. George he asked of the Officers and souldiers if they were not resolved to fight for him and that upon it they cryed out with great acclamations that they were ready to fight Moreover the Deponent said that he saw the King with his forces in Leicester the same day that it was taken by the Parliament As likewise that he saw him in his Army at the siege of Glocester Humphrey Brown of Witsunday in Rutlandshire HAs deposed that whâ—n Leicester was taken by the Kings Army about June â—645 the Fort of Newark being rendred upon Composition and condition that those that went forth should carry their bagage with freedom without any violence to be offered as soon as the place was rendred notwithstanding this capitulation and against the Articles the Kings souldiers fell upon them plundered them and beat and wounded many of them And that one of their Officers taxing them with their ill usage of these poore people against the law of Arms the deponent heard the King reply who was there in person with his sword drawn at the head of his Army that he would see they should use them worse being his enemies David Evans Marshall of Aburgeny in Monmouthshire testified THat about half an houre before Naseby fight which was at Midsummer June 1645. he saw the King marching himself in battaile at the head of his Army half a mile from the place of the fight Diogenes Edwards Butcher of Carston in the County of Salop. AFfirmed that at the same time he saw the King a mile
that I am in an Error and then surely I shal be ready to give you an answer or else that you suspend your present proceedings This I had determined to have spoken in Westminster Hall on munday the two and twentieth of January but against Reason I was prohibited to pronounce my Reasons In the year 1648. English style 1649. Vulgar stile The Speech of King Charls upon the Scaffold at the gate of White Hall immediately before the execution Ianuary the thirtieth ABout ten in the morning the King was brought from Saint Jameses Court he did walk on foot through the Park with a Regiment of Foot one half before him and the other behinde him their Colours flying and their Drums beating his private guard of Partisan with some of his Gentlemen did go immediately bare headed before him and some part of them behind him but those who were next of all unto him behinde were Dr. Juxon and Colonel Thomlinson to the last of whom the care and charge of his Person was committed these two being barehead did talk with him all along the Park and as you go up the stairs into the Gallery and so into the Cabanet chamber where he used to lye in which place he continued at his Devotion and refused to dine because he that morning had taken the Sacrament only about one hour before he came forth he drank one glasse of Claret wine and did eat a crust of bread about twelve of the clock at Noone From thence he was accompanied by Doctor Juxon Col. Thomlinson and other Officers formerly appointed to be his guard and with the private Guard of Partizans with musquitiers on either side through the banquetting house at the farther end on the out side whereof the Scaffold was erected neer unto the Gate of White hall The Scaffold was hung round with black and the floore was covered with black and the Ax and the Block laid on the middle of the Scaffold There were severall Companies of Foot and Troops of Horse placed on the one side of the Scaffold and the other and multitudes of people that thronged to see so rare a spectacle were very great The King was no sooner come upon the Scaffold but he looked very earnestly on the Block and asked Col. Hacker if there were no higher and then spake thus directing his speech chiefly to Colonel Thomlinson The Kings Majesties most Excellent Speech I Shall be very little heard by any of the people I shall therefore speak a word or two to you who are here Indeed I could hold my peace very well if I did not think that my silence would make some men think that I did submit to the guilt as well as to the punishment but I conceive it is my duty First unto God and afterwards to my Countrey to vindicate my self as an honest man a good King and a good Christian I shall begin first with my Innocency Introth I think it not very needfull for me to insist long upon this for all the world knows that I never did begin Warre with the two Houses of Parliament and I call God to witnesse to whom I must shortly make my account that I never did intend to incroach upon their priviledges they began with me It was the Militia they began upon they confessed that the Militia was mine but they thought it fit to have it from me and to be short if any man will look to the Dates of Commissions of their Commissions or mine and likewise to the Declarations will find clearly that they began those unhappy troubles not I so that as for the guilt of these enormous crimes which are laid upon me I hope in God that God will clear me of them I am in charity I will not and God forbid I should lay it upon the two Houses of Parliament there is no necessity of either I hope they are free from the Guilt for I do believe that evill instruments between them and me have been the chief cause of all this bloodshed so that by way of speaking as I finde my self clear of this I hope and I pray God that they may too yet for all this God forbid that I should be so ill a Christian as not to say that Gods judgements are just upon me Many times he does inflict justice by an unjust Sentence this is ordinary I will onely say that an unjust Sentence That I suffered to take effect is punished now by an unjust Sentence upon my self This is to shew you as I have said how far I am an innocent man Now for to show you that I am a good Christian I hope there is a good man who will bear witnesse with me that I have forgiven all the world and even those in particular who have been the chief causers of my Death who they are God knows I do not desire to know I pray God forgive them But this is not all my charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with Saint Stephen that this be not laid to their charge nay not onely so but that they may take the right way to the peace of the Kingdome for my charity commands me not onely to forgive particular men but my charity commands me to indeavour to the last gasp the peace of the Kingdome This Sirs I do wish with all my Soul and I do hope there are some who will carry it further that they may indeavour the peace of the Kingdome Now Sirs I must show you both how you are out of the way and I will put you into a way First you are out of the way for certainly all the way in which as yet you have gone as I could ever find out by any thing is in the way of conquest certainly this is an ill way for conquest Sirs in my opinion is never just except there be a good just cause either for matter of wrong or to defend a just Title and if in the prosecution of the quarrell you shall go beyond this it will make that unjust at the end which was just at the beginning But if it be onely matter of conquest therein it is a great robbery as a pirate said to Alexander that he was a great robber and that he himself was but a petty robber and thus Sirs I do think that the way you are in is much out of the way Now Sirs for to put you in the way believe it you will never do right nor will God ever prosper you untill you give God his due and the King his due that is in their course of time my Successors and untill you give the people their due I am as much for them as any of you are You must give God his due by regulating a right his Church according to his Scripture your Church is now out of order for to set you particularly in a way now I cannot but only by a Synod