Historical Collections of Private Passages of State: Volume 7, 1647-48. Originally published by D Browne, London, 1721.
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Proceedings in Parliament from January 1. 'till February 3. 1648.
An Act of the Commons of England assembled in Parliament for erecting a High Court of Justice for trying and judging of Charles Stuart King of England.
Act for erecting a High Court of Justice.
"Whereas it is notorious, That Charles Stuart, the now King of England, not content with those many Encroachments which his Predecessors had made upon the People in their Rights and Freedoms, hath had a wicked Design totally to subvert the antient and fundamental Laws and Liberties of this Nation, and in their Trade to introduce an Arbitrary and Tyrannical Government; and that besides all other evil Ways and Means to bring this Design to pass, he hath prosecuted it with Fire and Sword, levyed and maintained a cruel War in the Land against the Parliament and Kingdom, whereby the Country has been miserably wasted, the Publick Treasure exhausted, Trade decayed, Thousands of People murdered, and infinite other mischief committed; for all which high and Treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign Punishment: Whereas also the Parliament, well hoping that the Restraint and imprisonment of his Person, after it had pleased God to deliver him into their Hands, would have quieted the Distempers of the Kingdom, did forbear to proceed judicially again him; but found by sad experience, that such their remissness served only to encourage him and his Complices in the continuance of their evil Practises, 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 Traitoriously and Maliciously to imagin 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 the Authority thereof, That Thomas Lord Fairfax, Oliver Cromwel, Henry Ireton Esqs; Sir Hardresse Waller Knight, Philip Skippon, Valentine Wallton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewer, Richard Ingoldsby, Henry Mildmay Esqs; 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 Alenson, Sir Henry Mildmay, Sir Thomas Wroth Knight, Sir William Masham, Sir John Barrington, Sir William Brereton Baronets, Robert Wallop, William Heveningham Esqs; Isaac Penington, Thomas Atkins, Rowland Willson Aldermen of the City of London, Sir Peter Wentworth Knight of the Bath, Henry Martin, William Purefoy, Godfrey Rosvile, John Trenchard, Herbert Morley, John Barkstead, Matthew Thomlinson, John Blackiston, Gilbert Millington Esqs; Sir William Constable Baronet, Edmond Ludlow, John Lambert John Hutchinson Esqs; Sir Arthur Haslerig, Sir Michael Livesey Baronets, Richard Salway, Humphrey Salway, Robert Tichburne, Owen Roe, Robert Manwaring, Robert Lilburne, Adrian Scroope, Richard Deane, John Okey, Robert Overton, John Huson, John Desborough, William Goffe, Robert Duckenfield, Cornelius Holland, John Carew Esqs; Sir William Armyn Baronet, John Jones Miles Corbett, Francis Allen, Thomas Lister, Benjamin Weston, Peregrine Pelham John Gourden Esqs; Francis Thrope Serjeant at Law, John Nutt, Thomas Chaloner, Algernon Sydney, John Anlaby, John More, Richard Darley, William Say, John Alured, John Fagg, James Nelthorpe Esqs; Sir William Roberts Knight Francis Lassels, Alexander Rigby, Henry Smith, Edmond Wild, James Chaloner, Josias Burners, Dennis Bond, Humpbery Edwards, Gregory Clement, John Fry, Thomas Wogan Esqs; Sir Gregory Norton Baronet, John Bradshaw Serjeant at Law, Edmond Harvey, John Dove, John Ven Esqs; John Fowls Alderman of the City of London, Thomas Scot Esq; Thomas Andrews Alderman of the City of London, William Cawley, Abraham Burrel, Anthony Stapeley, Roger Gratwick, John Downs, Thomas Horton, Thomas Hammond, George Fenwick Esqs; Robert Nicholas Serjeant at Law, Robert Reynolds, John Lisle, Nicholas Love, Vincent Potter Esqs; Sir Gilbert Pickering Baronet, John Waver, Roger Hill, John Lenthall Esqs; Sir Edward Bainton, John Corbett, Thomas Blunt, Thomas Boone, Augustine Garland, Augustine Skinner, John Dixwell, George Fleetwood, Simon Mayne, James Temple. Peter Temple, Daniel Blagrave Esqs; Sir Peter Temple, Knight and Baronet, Thomas Wayte, John Brown, John Lowry Esqs; 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 20 or more of them, shall be and are hereby authorized and constituted an High Court of Justice, to meet and fit at such convenient Time and Place, as by the said Commissioners or the major Part of 20 or more of them under their Hands and Seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-Yard at Westminster, and to ajdourn 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 Grimes and Treasons above-mentioned; and for the receiving of his Personal Answer thereunto; and for the Examination of Witnesses 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 fort 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.
The Ordinance of Attainder against the King again reported.
This Day (according to former Order) the Commons had again reported to them the Ordinance of Attainder against the King, in the Name of Charles Stuart, and the Names of such Commissioners as should try him, consisting of Lords, Commons, Officers of the Army, Aldermen, and other Commanders of the City, with some Gentlemen from the Counties, all of them consisting of 150; their Names before: and 20 of them are to be a Committee for the Tryal of him, and to give Sentence against him. By this Ordinance the Commissioners are limited to a Months time to make a full Determination of, the Business. The Place of Tryal is not named in the Ordinance, so that whether it will be at Windsor or Westminster is not yet known. The Ordinance is to be sent to morrew to the House of Lords for their concurrence. And to confirm the present Tryal and Foundation thereof, and prevention of the like for the future, the House declared, viz.
The Houses declare it High Treason in the Ring to levy War against the Parliament.
Resolved, That the Lords and Commons assembled in Parliament, do declare and ajudg, That by the Fundamental Laws of this Realm it is Treason in the King of England for the time to come to levy War against the Parliament and Kingdom of England.
The House ordered an Ordinance to be brought in for enabling the Commissioners of Southwales and Monmouth to proceed upon the sequestring of Delinquents Estates in the said Counties, and to remove obstructions therein.
A Committee appointed to take an Account of the Books of the House, &c.
A Letter this Day came from Mr. Elsing, Clerk of the House of Commons, desiring the House, by reason of his present Indisposition, to appoint a Clerk to attend them. The House hereupon voted that a Committee should be appointed to fend to Mr. Elsing, to take an account of him where the Books and Records of that House are, and to inventory the said Books and Records; and to present the Names of fit and able Persons, that a sufficient Clerk may be elected out of them to be Clerk to the House.
They likewise voted Mr. Phelps to be Clerk-Assistant to the House, and ordered Mr. Darnel the present Clerk-Assistant 200l. in part of 500l. out of the Revenue.
A Committee to take off Anticipations, &c.
A Committee was appointed to consider of Anticipations upon Goldsmiths Hall, Excise, and other Treasuries; and how to take off, or otherwise secure and satisfy the same, and to prevent Obstructions in the bringing in of the several Revenues.
The Players of Salisbury-Court, &c. secured.
The Soldiers of the Army in the prosecution of an Ordinance of Parliament, secured all the Players at Salisbury-Court, and Drury-lane, and brought them away Prisoners in the midst of their Acts, in their Robes as then habited.
From Scotland they write;
Chancellor acknowledges his late failings.
The Lord Chancellor at the late renewing of the Covenant in Scotland, stood up in his Pew, and made a publick acknowledgment of his late Failings in self-seeking, and countenancing the last wicked Engagement, which he performed so orthodoxly with Years, and so pathetically desired the People to pray for him, that there was great weeping amongst. them. Some Lords at Hame, St. Clare, Hatfield, and others, are called before the Committee of Estates to give caution for their peaceable Behaviour in the Kingdom. Some Queries are put to Ld. Lanerick about the Lawfullness of the present Committee and ensuing Parliament, which he takes time to deliberate upon. Much sickness in Cumberland; some under-hand listing of Soldiers in Lancashire.
From Pontefract, Decemb. 30.
The Enemy in Pontefract divided.
Sir, Our approaches go on very forward, though our want of Pay be great; the Enemy seem much divided, and more discontented, some coming out daily by escape; our Guns are come to us, and we shall begin to make Batteries within these few days: It's great Pitty the Militia of this County should be disbanded, many of them being very honest.
We here of some Overtures made by the Army for engaging them, and all the Supernumeraries of this Kingdom for the Service of Ireland: The Service will be gallant, and the Design superlative; and if old Noll, or any other Man of Gallantry and Fidellity do accept of that Brigade, he cannot want Men or Monies: Besides, it will be a great diversion of Designs both at home and abroad.
By a private hand from Somerton, December 24.
A private Letter wishing the well-affected would associate to frustrate the Conjunction of Presbytery and Malignacy.
'Since the Parliament hath empowered us to raise Forces, and join ourselves in Association with the Army, and other well-affected People in the adjacent Counties, We have not been altogether unactive in the said business; but hope to bring it into such a speedy way, as may be safe for this County especially all the well-affected therein, and those that join with us. times may come possibly to put all the honest Party of the Kingdom to their Shifts, and I could heartily wish that all other Counties of the Kingdom would begin betimes to provide for their own Securities; when they do desire it, the opportunity being let slip, it may be too late: and surely if all the well-affected in each County would speedily strike into an Association, it might be a great Diversion of all our Enemies designs, and give us hope of quietness and peace in this Nation. And seeing that the Presbyterian Ministers are to be frustrate in their Intentions to enjoy Pluralities, and the tenth part of every Man's Estate, the People being left to a free choice of their Minister, and what Minister; no doubt but they will endeavour, and we find it now their main design in this County to preach down the Power of God in his Ministers indeed, and to preach for forms of Government, and especially for their God (the continuance of Tythes) of purpose to incense the People against this Reformation indeed both in Church and State, the benefit whereof our Childrens Children will have cause to bless us for. And in respect likewise that the Grand Delinquent of the Kingdom, Charles Stuart, is to be brought to speedy Justice, for which we have much cause to bless God, we shall find his Party as active as the other; and tho' the Presbyters made but a seeming, tho' a real and absolute Conjunction with their Brother Malignants for the carrying on of his traiterous Interests yet we fear you shall find them this next Summer declaratively join with them for revenge of his Army, and all that have adhered to them. And therefore it is high time for all honest Men in the several Counties to associate betimes, before it be too late.
Tuesday, January 2.
The Lords Concurrence, desired for trial of the King; The Lords stick on that part, that it is Treason in the King, &c..
The Ordinance for trial of the King was by Message this day carried up to the Lords for their Concurrence: there sat many more Lords this day in the House than usual of late, as the Earl of Northumberland, Earl of Manchester, Earl of Rutland, Lords North, Rochford, Maynard, Dacres, in all 16, the Earl of Denbigh Speaker. The Lords read the Ordinance, but stuck much upon that declaratory Vote, viz. The Lords and Commons do declare and adjudg, That (by the fundamental Laws of this Realm it is Treason in the King of England, for the time being, to levy War against the Parliament and Kingdom of England, the Lords Concurrence to be desir'd. At last they agreed, as to a present answer to the Commons, that they would fend answer by Messengers of their own; and laying aside the business, adjourned until Thursday come sevennight.
Wednesday, January 3.
The Committee that were formerly ordered to attend the Earl of Warwick for a List of the Names of all such Persons, who had any Command in the last Fleet, made report thereof this day to the House.
The House ordered that the said List should be referred to the Consideration of the Committee of the Navy.
The Lords agree not to the Trial of the King.
The House of Commons taking notice that the Lords had ejected their Ordinance for trial of the King, and ajourned for a Week, they first past Instructions for some of their Members to go up to examine the Lords Journal-book, concerning their Declaration and Ordinance that was the Day before sent up for Trial of the King: and at their return they brought-to the House three Votes which their Lordships had made, viz. 1. To send Answers by Messengers of their own: 2. That their Lordships do not concur to the Declaration: and 3. That their Lordships rejected the Ordinance for the Trial of the King.
Hereupon the Commons voted, that all Members of the House of Commons, and others appointed by Order of that House, or Ordinance of both Houses of Parliament, to act in any Ordinance wherein the Lords are joined, be empowered and enjoined to fit, act, and execute in the said several Committees of themselves, notwithstanding the House of Peers join not with them herein.
An Expedient concerning the King.
They then also ordered an Expedient to be brought concerning the King, the Substance like the former Ordinance for his Trial, with the foregoing Declaration intended for both Houses, now to be by the Commons only: The Committee to fit presently, and to report it this Afternoon, during which time of that Committee's sitting the House adjourned.
The said Ordinance reported by the Committee.
Afterwards the House sat again, and the Ordinance was reported by the said Committee according to the Instructions which were made and recommitted back again to the said Committee, and ordered to be brought in again the next day.
Six Lords to be left out, and 3 Judges to be put in.
The six Lords to be left out in this, and also the three Judges, Serjeant Brandshaw, Serjeant Nicholas, &c. to be put in, and Mr. Steel and others to be Assistants.
Mr. Speaker acquainted the House with a Letter he had received by the French Ambassador from the Queen of England out of France: The Letter upon Debate was laid aside. and not read.
A Letter was sent by his Excellency the Lord Fairfax to the several Counties hereafter named, about their Assessments. for the Army, as followeth:
Excellency's Letter to several Counties.
"I Desire you would cause the Arrears of the Assessments for the Army that is in your Counties to be forthwith brought unto your Treasurers, and the last fix Months sessed, levyed, collected, and brought in as aforesaid, to the end it may be ready to supply that Regiment who shall have your County for its Assignations of Pay, by Order and Warrant from the Committee of Lords and Commons far the Army, which you shall have very suddenly This being performed, I shall take care that the heavy Burden of free Quarter shall be removed from all those who shall duly pay in their Assessments: expecting your performance hereof, I remain
Your very assured Friend,
Quenstreet, Jan. 2. 1648.
This Letter was sent to the Committees of the several Counties hereunder named, viz. Kent, Surry, Barkshire, Buckinghamshire, Hartford, Bedford, Huntingdon, Cambridg, Suffolk, Norfolk, Essex, Middlesex, Sussex, Hampshire, Wiltshire, Northamptonshire, Leicestershire, Warwick.
Thursday, January 4.
A grand Committee to consider of the Power of the Commons.
The House this day, as was appointed, had the Ordinance for the Trial of the King by the name of Charles Stuart, reported with some Amendments: And in respect the House of Lords had rejected it, they ordered the House should be turned into a grand Committee to consider of the Power of the Commons of England when assembled in Parliament: In fine, the Committee came to this Resolution, that it should be reported to the House these Votes following as the Opinion of the said Committee, viz.
The People are the Original of Power.
Resolved, That the Commons of England assembled in Parliament do declare, That the People under God are the Original of all just Powers.
The Commons in Parliament have the supreme Authority.
They do likewise declare, That the Commons of England assembled in Parliament, being chosen by, and representing the People, have the supreme Authority of this Nation.
What the Commons enacts, has the force of Law.
They do likewise declare, That whatsoever is enacted and declared Law by the Commons of England assembled in Parliament, hath the force of Law, and all the People of this Nation are included thereby, although the consent and concurrence of the King and House of Peers be not had thereunto.
An Ordinance assented for trying the King.
These being reported to the House, the House put them one after another to the question, and there was not one Negative Voice to any one of them. Then an Ordinance for Trial of Charles Stuart was again read and assented unto, and ordered to be forthwith ingrossed in Parchment, and to be brought in to morrow Morning.
The House ordered that the Clerk of that House should be enjoyned not to give out any Copy of the said Ordinance for Trial of Charles Stuart, either to any Member of the House, or any other whatsoever.
Friday, January 5.
Ld. Mayor to proceed to new Election of Common Council.
The House was informed that the City of London did insist upon the giving Oath to the new elected Common-Council-men, and that they would not admit them 'till they had taken the said Oaths. The House hereupon ordered that the Lord Mayor of the said City should be required to suspend the taking the said Oaths, and proceed to perfect their Elections of Common Council-men.
Scandalous and unlicensed Pamphlets to be Prosecuted.
The House this day spent some time in debate of scandalous and unlicensed Pamphlets, and how far they are prejudical and dishonourable to this Nation, and destructive to present Affairs: and for prevention and suppression of the same for the future, the House ordered that his Excellency the Lord General should be desired to command his Marshal General of the Army by himself and Deputies to put the Ordinance of the 28th of September, 1647. concerning scandalous and unlicensed Pamphlets, into speedy execution.
All Acts to be entred in a large Book.
The House taking notice that the Acts, Ordinances, and other Records of this and former Parliaments have been much neglected to be entred in any Journal-books, but lie abroad in Papers and Rolls, whereby they are subject to be lost: The House thereupon ordered that a large Book of Vellum should be forthwith made up, and all the said Records entred therein.
A Committee to receive publick Monies concealed, &c.
The Committee appointed by the General and the Council of the Army sat at Whitehall, for the receiving of any publick Monys concealed by any Committees, particular Treasurers, or any others, and for taking any just and probable Proportions for raising present Monys for payments of the Debts of the Common-wealth.
In each of which special Care shall be taken, that the People shall not be burdened by any Impositions: so that the Discoverers and Proposers shall be fully rewarded out of the Mony brought in, as the Parliament hath already provided by Ordinance; and Arrears due to any that have truly and faithfully served the Parliament and Kingdom, shall be proportionably allowed out of such Monys as they can discover to this Committee, who meet de die in diem at Whitehall from 9 in the morning 'till 12 at noon, and from 3 in the afternoon until 5.
Saturday, January. 6.
Ordinance for trying the King.
The Ordinance of Parliament for trying of the King was this day brought in fairly ingrossed in Parchment according to former Order, and was read and assented unto: the manner of his Trial as before; the time and place whether at London or Windsor, nothing further; but that is left to the Commissioners who are to try him, and they are to meet on Monday next in the Painted Chamber Westminster and to proceed in order as to the Trial, which they are to go on withal without intermission.
Scots desire the King may not be cried without the Advice of their Nation.
A Letter came from the Committee of Estates in Scotland resident here, laying open and pressing much for Unity of Councils and Actions, according to the Covenants betwixt the two Kingdoms, desiring that the House would not proceed to try or execute the King till the advice of that Nation be had thereunto the parliament of Scotland fat down last Thursday the 4th Instant: We will not presage any thing of their Proceedings until it discover itself.
The Scots Letter was not read, but ordered to be considered of another time. The House had much debate concerning Proceeding of Law, the issuing of Writs, and the like, in what Name they should now be made, in relation that King and Lords are laid aside.
The House referred it to a Committee to draw up an Expedient and report it to the House with speed.
The Common-Council of London this day agreed upon an Order to be published in all Churches to morrow about the Assessments of the Army.
A Fortnights pay order'd for the Army.
Whereas the sum of 19000l. being a Fortnights pay for the Forces under the command of his Excellency the Lord Fairfax, is required to be paid out of the Arrears of the four former Assessments, on or before Wednesday next, or else that the whole Army must of necessity be quartered in the City of London; for prevention whereof, a Committee by order of Common-Council, made their Address unto the Committee of the Army, with a desire that the said Committee would be pleased to forbear the quartering of Soldiers in the City until that day, or such further time as might be obtained, in which time the said 19000l. shall be paid. To which the Committee of the Army returned Answer:
The Committee's Answer.
That if they shall not understand upon Thursday next that the said Money shall be paid to the relief of the said Forces on Friday next, or then receive the names of those which are in arrear upon the said Assessments, that then they shall be forced to quarter the whole Army within this City on Saturday next, and especially on them that are in Arrear. Wherefore for the better avoiding of inconveniences and danger to the City, it is the desire of this Court, and Common Council, that the several Ministers of this City will to morrow in the Forenoon and Afternoon openly publish this unto the Congregations, and effectually move and stir up the People to pay their Mony in Arrears for the laid Army on Monday next, wherein the said 19000l. may be furnished as is required.
This day the general Council of Officers heard the whole Report of the Officers appointed to propose what particulars of the Agreement of the People were fundamental or essential, and what not; and passed a Declaration or form of Subscription to the Agreement. The Alterations are to be propounded to the Council on Monday next: and then the whole Agreement will be finished, and accordingly subscribed.
Monday, January 8.
Sir Charles Coot defeated a Party of Rebels in the County of Galloway; Seized Sir Robert Stuart, &c..
This Day a Letter was read in the House of Commons from Sir Charles Coot from Londonderry in Ireland, giving an account of the present Affairs and condition of the Parliament's Forces under his Command; which was to this purpose, That a while ago he marched forth with the Forces of the Province of Connaught from his Head Quarters, to the Town and Fort of Sligo, 70 Miles into the Enemies Country, to a place called Shrewel in the County of Galloway; that after a little conflict with the Rebels, some of them were killed; and that this Party burned great Store of their Corn, preyed the Country all along, brought away 1000 of their Cows, and returned without loss: That from thence he returned to Londonderry to his Command, were he apprehended Sir Robert Stuart, and hath since sent him over with a Charge against him: That since this he is possessed of Kilmore and 14 great Guns, which Sir Robert Stuart endeavoured to block up both by Sea and Land, whereby to starve and take the City at pleasure, in flopping and offering to sink the Ships with the late Provisions the Parliament sent thither for the relief of the City, and several other Vessels from England and Scotland, which he would not suffer to pass or ttraffique with the City, until it was necessitated to grant him advantageous Conditions. He also intimated his seizing of Lesfard Fort, Cattle Dorrige, and Castle M. Gra, the Fishings of Loughsoyle, and some Customs of Londonderry.
Sir Robert Stuart to be tried, and Sir Charles Coot to be reliev'd.
The House after reading hereof, and the Charge enclosed against Sir Robert Stuart, voted, That it should be referred to the Lord General and Council of War, to try Sir Robert Stuart, upon the matters charged against him, and that the Prosecutors do give in their Charge against him to the Council of War; and that the said Council be desired to secure the Person of the said Sir Robert Stuart, 'till the said Trial be ended. They likewise voted that it shoud be referred to the General and Council of War to take into consideration the desires of Sir Charles Coot to have Relief and Supplies speedily sent unto him.
Thanks given to Sir Charles Coot, &c.
The Consideration of securing the Holy-Island, was then presented to the Parliament: and they ordered thereupon that the Lord General should be desired to take special care of the Safeguard thereof. They gave Sir Charles Coot thanks for his extraordinary Services, and confirmed his Possession of Culmore Fort, and other places; approved of this apprehending Sir Charles Stuart, and others, that sled into, and that were engaged against the Parliament and Army in this Kingdom, and likewise Scotland in the last Summer's Rebellion.
Counties of Northumberland, &c: to have the benefit of Sequestrations.
They voted that the Counties of Northumberland, Cumberland, Westmorland Bishoprick of Durham, and Towns of Newcastle and Berwick should since the 28th of November last have the benefit of the Sequestrations of all Delinquents, and the Fines of old Delinquents for their new Delinquencies, for the disbanding of the Forces raised in those Counties and Places.
The general Council of the Army intended to perfect this Agreement this day, if the sitting of the Commissioners for the Trial of the King in the Painted Chamber, had not prevented them. The House role betimes likewise in relation to that business. The Commissioners being met in the painted Chamber at Westminster about three of the Clock (his Excellency being one, but sat not at the Table, but went away immediately) after a short Ceremony performed, they fell to debate, and came to this Resolution, viz. That to morrow Morning a Herald should proclaim and invite the People to bring in what matter of Fact they had against Charles Stuart King of England; That on Wednesday next the Commissioners for the Trial of the King intend to fit again concerning that business, and to direct all Persons to bring in the Charge on that day.
From the Leaguer before Pontefract Castle by Letters January 6. thus;
Letter from Pontefract. Much fear of the Scots again.
'Since the last Post little hath happened in these parts. The Major General is not returned from the disbanding of Col. Rhodes, and Col. Cholmley's Regiments of Horse, in reguard the work hath been, very difficult and troublesome; yet I presume by this time the business is very nigh over: here is no visible disquiet as yet in these parts, or any thing tending visible thereunto, if this unlucky Hole were but reduced, which I fear will be the utter undoing of this poor Country; besides the continuance of our hard Duty in this extream unreasonable Weather, more than all the Forces of the Kingdom besides.
'The poor People in these parts are afraid of Jocky again, hearing Rumours as if they were preparing for a second Invasion: and I perceive that is the great hope of this besieged Enemy. For my part I am apt to believe they are as great Enemies to these late Acts of the Army as can be, and would most willingly find a plausible way of entrance, yet I think at present they are not much to be feared. Their new Parliament began the 4th instant.
Tuesday, January 9.
Lds. came to no results, rejected the Commission for trying the King.
Their Lordships had in debate their last Votes about Trial of the King, and that something should be published to satisfy upon what grounds they rejected the Commission for Trial of the King, but came to no Resolution herein; they have fat this week but done nothing we hear of.
A Herald makes Proclamation, that all People give in their Charge against the King.
This morning (according to order of the Commissioners for Trial of the King yesterday) Proclamation was made in Westminster-Hall to give notice that the Commissioners were to fit again to morrow, and that all who had any thing to say against the King might then be heard. This Proclamation was in this manner made; Serjeant Dendy, Sejeant at Arms to the Commissioners, rid into Westminster-Hall, with the Mace belonging to the House of Commons on his Shoulders, and some Officers also attending him all bare, and 6 Trumpeters on horseback; a Guard of Horse and Foot attending in the Palace-yard. The Trumpeters founded in the middle of the Hall, and the Drums beat in the Palace-yard, and Proclamation was made as aforesaid.
Serjeant Dendy does the same at the Old Exchange and Cheapside.
The House of Commons then sitting ordered that Serjeant Dendy should forthwith make the fame Proclamation about the Trial of the King, and in the same manner, at the Old Exchange, and in Cheapside, London, which was accordingly done.
The House this day had much debate what alteration of Proceedings should be made in Courts of Justice, now that the King and Lords (as by the Votes you had last week) were to be laid aside; and whether all Writs should run in the Name of one Person (as formerly Carolus Dei Gratia, &c.) or not.
Name of one Person not to be mentioned in any Common Writ.
At last they came to this Result, That the Name of any one particular Person should not be inserted as the stile of any Common Writ or otherwise for the time to come; and that it should be referred to a Committee for settling Proceedings in Courts of Justice to consider how and in what manner the stile should be hereafter.
The Great Seal to be broken, and a new one to be made.
They likewisevoted that this present Great Seal of England should be broken in pieces, and that a new one should be forthwith made; yet in the mean time all Proceedings under the Great Seal to be good till the new one be confirmed.
They considered what should be engraven on the said New Great Seal, and ordered that the Arms of England, the Harp, and the Arms of Ireland should be engraven on one side of the laid Seal.
That the Inscription on that side the Seal should be [The Great Seal of England.]
That the Inscription on the other side of the said Seal, where the Sculpture or Map of the Parliament is to be in engraven, shall be these words: In the first year of freedom by God's Blessing restored, 1648.
Col. White to give in the Arrears of his Regiments.
The House ordered that Col. White, Colonel of the Regiment of the Nottinghamshire Horse, should be treated with concerning the Accounts of his Regiment, what Pay they have received, and what Quarters they have taken, to the end the House may take speedy course for paying them according to the desire of the said Regiment.
Proclamation was also this day made throughout London by Order of the General, as followeth:
By his Excellency Thomas Lord Fairfax Lord General.
Proclamation for all Delinquents, &c. to depart 10 miles from London.
"Forasmuch as divers Delinquents, ill-affected Persons, have of late made their resort to the City of London, the Suburbs and places adjoining, with Designs (as there is cause to believe upon grounds more than probable) to embroil this Kingdom in further troubles: And whereas by Order of Parliament of the 5th of this instant January, I am desired to take order, and prohibit all Delinquents and Papists from coming to or staying in the City of London, or Liberties thereof, within the Line of Communication and within 10 miles of the City of London, and to secure the Persons of such as shall be found within the Limits aforesaid, 6 days after the date thereof, except such Persons as shall be licensed under the hands of Mr. Francis Allen, and Mr. Samuel Moyer, to come to prosecute their Compositions with effect, or such as have already compounded for their Delinquency, and paid it in their several Monies according to Orders and Directions of Parliament given to them in that behalf.
"These are therefore to require all Persons who have engaged for the King in the first and second War, and have adhered unto or assisted him or his Party therein, and are now residing in London, or within 10 miles distance therefrom, that within 24 hours after publication hereof, they depart from the said City and Suburbs, and all places within 10 miles distance thereof, and not to return for the space of one Month next ensuing after publication thereof: and whoever shall be found and taken contrary hereunto, they shall be dealt withal as Prisoners of War, except such as are excepted in the above-cited order of Parliament.
Given under my Hand and Seal in Queenstreet, January 9. 1648.
A Petition was presented to the General, and desired to be inserted as followeth:
To his Excellency Thomas Lord Fairfax, General of all the Land-Forces railed by the Parliament, and continued for the defence of the just Rights and Freedoms of this Nation; and to his General Council.
The Humble Petition of the Officers and Soldiers, together with divers of the well-affected Inhabitants in the Isle of Wight, Portsmouth, and Hurst.
Petition from the Isle of Wight, &c. to bring notorious Criminals to justice.
"That our equal sensibleness (with our Fellow Soldiers and Country men) of the overflowing Miseries, and insupportable Grievances by the War brought, and subject to be continued upon the People by common Enemies and Apostates; also our sad Apprehensions of the late dismal and delusive Treaty with a dangerous, political, and conquered Enemy, and our earnest love to Righteousness, Peace and Union, upon just Principles, doth invite us to declare our sincere Affection to, and approbation of, the just and reasonable Desires mentioned in the large Petition of September 11. last, with the Petitions of divers Counties, and that seasonable Remonstrance of your Excellency and Council, in conjunction with the said large Petition: and calling to mind the manifold Dispensations of God to this Nation, by the continued Successes given to the unwearied Labours of your Excellency, and the Army under your command, against the Enemies of our Peace, in the first and second War, together with the present inforced and necessary undertaking in behalf of all the faithful and cordial People of this Nation, which hath freely adventured their Lives, and all that was dear to them in that common Cause of publick Good, it encourageth us to believe that the same God which hath blessed you in the former, will also crown these your honourable Endeavours with happy success in the latter.
"Wherefore we humbly desire that your Excellency and Council will still manifest your constant and sincere Affections (in pursuance of Justice) to a righteous Settlement, (by vigorous and speedy Actings) not leave place for yourselves to be diverted from those your declared Resolutions, but singly and impartially proceed, that so the grand Disturbers of this Nation's peace may either be cleared of those great and hainous Crimes publickly declared and said to their charge, or else condemned according to principles of Law and Justice.
"And that such only for the future may be employed in any places of Office and Trust in the Common-wealth, as are of known Fidelity to the publick Interest; the heavy Burdens of the unwearied People may with all convenient speed be removed; and that after the great expence of Blood and Treasure, the Nation may enjoy that long desired issue of a firm and lasting Peace. For the speedy accomplishment whereof, we do and shall in the strength of God with all readiness and cheerfulness engage our Lives and all that is dear Unto us, with your Excellency and all others who shall join with you herein, being willing to cast our whole Might into that common Treasury for the obtaining of so reasonable and just Ends aforementioned.
And your Petitioners shall ever pray.
Subscribed by above 1600 Persons, and presented to his Excellency by Lieut. Cuppage, Lieut. Ward, Ensign Fox, Marshal Templer and Mr. Darnford Master Gunner of Portsmouth.
Wednesday, January 10.
Mr. Prynn to be taken into custody for denying the Parliaments Supremacy.
The House this day considered of Mr. Prynns Answer, returned by two Members of Parliament Friday last concerning the Pamphlet entituled The Memento, to which his Name was, whether he would own it or not, which was to, this Purpose; That when he should be sent unto in a legal way, and by a lawful sufficient Authority to be resolved therein, he would answer them as should be desired.
The House hereupon ordered, that Mr. Prynn by this Answer doth deny the Supreme Authority of this Kingdom.
That the Serjeant at Arms should be required forthwith to take the said Mr. Prynn into custody 'till further order.
The Ordinance of the Proceding of the Court of Justice recommitted.
The Committee appointed to consider of settling Proceedings in Courts of justice, again made Report thereof this day to the House, who read an Ordinance to this purpose before the second time, and upon the Question recommitted it: and because the Commissioners concerning the King's Trial were to fit at two of the Clock this Afternoon, the House adjourned 'till to morrow morning.
Serjeant Bradshaw to be President of the High Court of Justice, Mr. Steel Attorney General, &c.
The Commissioners for the Tryal of the King met accordingly this After noon in the Painted Chamber. They then nominated Serjeant Bradshaw to be President of the Court, Mr. Steel was chosen Attorney General, Mr. Cooke Solicitor; and these with Dr. Dorislaw and Mr. Aske to draw up and manage the Charge against the King. Some other Officers to the Court were then nominated: after which Proclamation was made to proclaim the Court; and the Commissioners called, and those present notifyed by the President: then Serjeant Dendy was called to give an account, that he had caused the Proclamation to be made according to order, which he did; and then the Court adjourned 'till Friday two a Clock to meet again in the Painted Chamber. The Place for Tryal of the King is not yet declared.
West-India Business in great Declension, &c.
The West-India Business here is in a great Declension, the Royal English build much upon your new Divisions, and Joy that the Army has served the Parliament as (say they) they served the King. Just now we have News come as if Prince Rupert was got to Sea with about 10 Ships, to whom join some Irish, and to try if they can increase in Cornwall or other the Western parts of England.
Thursday, January 11.
Ordinance for regulating the Navy committed.
The House of Commons this day spent much time in debating an Ordinance for settling and regulating the Affairs of the Navy, which was read the second time and committed.
Sir H. Waller and Col. Pride have secured Mr. Prynn.
The House was informed, that the Serjeant's Man that served the Warrant of the House on Mr. Prynn to take him into the custody of the Serjeant at Arms, was at the Door: he was called in, and acquainted the House, that after he had served Mr. Prynn with the said Warrant, he told him, that as he was coming to the House to perform his Duty therein for the County for which he was elected, he was apprehended by Sir Hardresse Waller and Col. Pride, and secured as Prisoner ever since, that being not discharged of that Imprisonment, he could not submit to that Order, which he had for any other Restraint to be laid upon him, and therefore he refused to obey the same.
The General Council's Answer concerning secluded Members approved.
The House then ordered that the Answer of the General Council of the Army should be read concerning the secluded and secured Members; the House debated much upon this business, and ordered that they approved of the substance of the said Answer.
Further Report to the said Answer ordered.
The House then appointed a Committee to consider what was fit to be done further upon the said Answer, who were to report with all speed, and Mr. Prynns Cause more particularly debated Saturday next.
Friday, January 12.
A Petition was this day presented to the House in the Name of the Trustees and others for sale of Bishops Lands, desiring that there may be a confirmation of the said Business by Patent under the Great Seal of England.
A Patent ordered concerning Bishops Lands.
The House hereupon ordered that Mr. Solicitor General should be required and authorized to draw up a Patent to pass the Great Seal of England according to the Covenants, and in confirmation of all former Ordinances of Parliament, that thereby the said Trustees and all Officers employed and acted under them may be discharged and approved of for what they had done, and likewise all such who have purchased any of the said Bishops Lands may be confirmed in the said Purchase by and under the Great Seal of England.
The House ordered that certain, words should be added to every Grant of any particular Person under the Great Seal of England for the time to come.
They ordered that the Business concerning Sir John Pawlet should be considered of on Monday morning next.
They likewise ordered, that the Ordinance in Mr. Corbet's hands concerning Delinquents to make speedy Payment of the second part of their Compositions within 20 Days after publication of the said Ordinance, should be reported on Monday morning next.
The Commissioners being to fit at 2 of the Clock, caused the House to rise early, and adjourn 'till to morrow.
Saturday, January 13.
The House of Commons this day according to former Order considered of the Business of the Navy. The Order for regulating the Affairs of the Navy was reported, and the Amendments assented unto.
Some Ships to be sent to Goree.
The House then debated concerning some Ships to be speedily sent out to the Goree-Road in Holland and Northwards.
They ordered in relation hereunto, that it should be referred to the Committee of the Navy to confer with the Lord Admiral if he be in Town, concerning the sending away certain Ships to the said Place; and further ordered, that if his Lordship was not in Town, that then the Committee of the Navy should send them forth of themselves; and all Officers and Mariners were required to give obedience to the Orders from the said Committee of the Navy.
Sir G. Ascue to go in this Expedition Warwick Frigate in the same.
The House ordered, that Sir George Ascue should be desired to go with Capt. Moulton in this Expedition.
They likewise ordered, that the Warwick Frigat should be employed in the said Expedition.
They ordered that the Mariners come in already in Capt. Moulton's Ship should have two Months Pay forthwith paid unto them.
Two Petitions from Devon Oxon.
There are this Week brought up two Petitions out of Devonshire: the one subscribed by the Gentlemen, Ministers and Free-holders of the County; the other from the City and County of Exon; both directed to the Parliament, setting forth their Desires for Justice upon the principal Causers of the first and second War, and desiring a firm and stable Peace may be settled with satisfaction to the honest Party of the Kingdom.
Trustees to be nominated for Elections, &c.
Thursday last the General Council of Officers fate in White-Hall. The Agreement of the People as it was fully concluded of, was read and it was referred to some Officers to nominate some other Trustees, for the making the Divisions in the several Counties for Elections, besides the Lord Grey, and Sir John Danvers, &c.
Two Petitions, one for taking off Tythes, and the other in favour of the Jews.
Also that two Petitions should be drawn up in the Name of the Council to the House, the one for taking off Tythes, and the other for the repealing of the Statute for the Banishment of the Jews, in reguard it was not held fit to mention them in the Agreement.
This day the General Council of the Army met again at White-Hall, with an Intention to have subscribed the Agreement; but some other Affairs intervening, it was put off' till Monday, against which time a Declaration, to be published with the Agreement then read, was ordered to be in a readiness.
The High Court of Justice for Tryal of the King, fate again this day, and so likewise Yesterday. Their sitting hitherto hath produced little more than what you had already: the whole time having been spent about settling the Court, and for more orderly proceeds, and the chusing a President, Assistants, Clerks, other Officers, the calling of their Members, and summoning such as have not appeared.
Westminster Hall appointed for the Trial.
Some proceeds also in order to the Management of the Charge against the King: and this day they had in consideration the Place for Trial of the King, which they agreed should be Westminster-Hall; and that in order thereunto the King should be removed from Windsor, and brought up hither on Monday next.
Monday, January 15.
The Declaration concerning the recalling the former Votes, for taking off Non-Addresses, and for justifying the late and present Proceedings of the Parliament, was this day read and assented unto.
The House ordered 1000l., to be forthwith paid out of the Revenue for defraying some incident Charges concerning the Tryal of the King.
A Petition of the Common Council, desiring Justice.
A Petition was presented by a Committee from the Commons of the City of London in Common Council assembled.
The Petition was to desire, that the House would proceed in execution of Justice against all grand and capital Actors in the late War against the Parliament, from the highest to the lowest; that the Militia, Navy, and places of Power be in faithful hands; for recovery and increase of the Trade of the City; to endeavour the settling of the Votes (of their Declaration, that the supreme Power is in them) upon foundations of righteousness and Peace, revolving to stand by them to the utmost.
A Narrative declaring the Lord Mayor's &c. Dissension.
With this Petition a Narrative was also presented of the carriage of the Lord Mayor, and some Aldermen, who denied to concur with them in that Petition, and departed the Court with the Serjeant and Town-Clerk. But the Court after passed it Nemine contradicente, desiring further Instructions from the House therein.
The House approved of the Petition.
The House upon debate hereof ordered, that the said Petition may and ought to be entred into the Books, and among the Acts of Common-Council. The House owned them as a Common-Council, approved of what they had done, and gave them very hearty Thanks for their free arid chearful tender of their assistance.
The Commons also chose a Committee, to whom the desires of the City was committed to be taken into consideration.
The Charge against the King to be abbreviated.
The High Court of Justice concerning the Trial of the King, fate this day, heard his Charge read, which was very long, and therefore ordered a Committee to abbreviate it, and to peruse the Proofs upon the matters of fact thereof and to report all on Wednesday next at 8 a Clock in the morning. They ordered that the Parliament should be moved to put off the next Term for 14 days longer, in respect of this Trial: In order whereunto they are making the Courts of King's Bench and Chancery into one place of Judicature for the better accommodation of his Majesty and the Commissioners.
A Declaration of the Army desiring the Parliament's concurrence to it.
A Declaration was read before the Council of the Army at Whit-Hall, to be presented with the Agreement to the House after subscribed. And another Declaration to be published to the Kingdom with the said agreement to this purpose, viz. 'That having since the end of the last War waited for a Settlement of the Peace and Government of this Nation: and having not found any such essayed or endeavoured by those whose proper Work it was; but their many Addresses and others in that behalf, rejected and opposed, and only a corrupt closure endeavoured with the King on Terms serving only to his Interests and theirs that promoted it: And being thereupon for the avoidance of that evil, and to make way for a better Settlement, necessitated to take extraordinary ways of remedy (when the ordinary were denyed) now to exhibit the utmost endeavours for such a Settlement, whereupon they may with comfort disband and return to their Homes and Callings, and that all Jealousies may be removed to oppress or domineer over the People by the Sword: and that all may understand the Grounds of Peace and Govemment, they have at last (through God's Blessing) finished the draught of such a Settlement in the nature of an Agreement of the People for Peace among themselves; it containing the best and most hopeful Foundations for the Peace and future well Government of this Nation, that they can possibly devise. And they appeal to the Consciences of all that read it, to witness whether they have therein provided or propounded any thing of advantage to themselves in any capacity above others, or ought, but what is as good for one as for another; not doubting but that those worthy Patriots of Parliament will give their Seal of Approbation thereto, and all good People with them. But if God shall (in his righteous Judgment to this Nation) suffer the People to be so blinded as not to see their own common Good and Freedom endeavoured to be provided for herein, or any to be so deluded with their own and the publick Prejudice, as to make opposition thereto; whereby tho' the effect of it be hindred, they have yet by the preparation and tender thereof discharged their Consciences to God, and Duty to their native Country, in their utmost Endeavours for a Settlement unto a just and publick Interest; and hope they shall be acquitted before God and good Men, from the blame of any further Troubles, Distractions and Miseries to the Kingdom, which may arise through the neglect or rejection thereof. Thus much of the Declaration.
Tuesday, January 16.
An Act to adjourn the Term.
This Day the House passed an Act for the Adjournment of the next Term for 14 days.
They had some debate about Papers sent from Scotland, directed to William Lenthall, Esq; Speaker of the House of Commons, and no more, whereas they use to add, to be communicated to the House of Commons, by this acknowledging them a House; and so the House thought not fit to read them.
The Scots Parliament renews the Covenant; Lanerick and Hume confined; They dissent from the Parliament of England.
From Scotland the Letters say: The Parliament began there on January the 4 some 3 or 4 days before: the Committee of Estates received the Constitutions of it, or the Elections of the Members, and there was not any chosen that was not in, or adhered unto the late Ingagement. The first day they fate was by them kept as a day of Humiliation: Mr. Lirrington preached; the Sermon being ended, the Covenant was renewed and taken by every Member. The day following, the Ld. Lanerick and the Ld. Hume were sent for and examined, and ordered to be put in security, not to take up Arms to disturb the Peace of the Kingdom; which they refusing, their Persons were confined. The Ld. Hartfield, the Ld. Lythgow, the Ld. Sinclaire, and some others were sent for shortly after, who all put in security to act nothing to the Prejudice of that Kingdom's Peace and Safety. The Wednesday following was observed as a day of Humiliation; and the Proceedings of the Parliament of England being reported, it was taken into deep consideration and the whole Parliament in general (no Man contradicting it) did dissent from the Proceedings of the Parliament of England; first in the Toleration of Religion in order to the Covenant. 2dly. In the Trial of the King. 3dly. In alteration of the Form of Government. The Ld. Landerdale and the Earl of Callendar are come thither from Holland.
Lambert's return from disbanding 2 Militia Regiments.
Pontefract, January 13. Major General Lambert lately returned hither from the disbanding of two Militia Regiments of Horse, and is now again gone to the disbanding of Col. Bethell's and the Foot Regiments lately before Scarborough, wherein it is hoped there will not be much difficulty, unless want of Mony retard the Work. He is very active and painful upon these publick Services, and if Affairs succeed well in the South, these miserably destroyed Parts, and the whole Kingdom shall reap the Fruit thereof. This Enemy is yet resolute, and keeps us upon hard Duty, but we hope in a short time he will appear but fool hardy. Our Guns and Morter-pieces, together with the Ammunition, is now come into this Town, and they will play very shortly: they now and then drop away out of the Castle, but are still very active with their great and small Shot to prevent our Work.
Tuesday, January 16.
This Day the House passed an Act for Adjournment of the next Term for 14 days, as followeth:
The Act for adjourning the Term.
The Commons assembled in Parliament, helding it conveniant and necessary for divers weighty Reasons and Occasions, to adjourn part of the next Term of Hilary, that is to say, from the first return thereof, called Octabis Hilarii, until the return of Crastino Purificationis next ensuing: Be it therefore ordained and enacted by the Commons assembled in Parliament, and by the Authority aforesaid, that the said Term of Hilary be adjourned, that is to say from the return of Octabis Hilarii, unto the said return of Craftino Purificationis. And all and every Person or Persons, which has Cause or Commandment to appear in any of the Courts at Westminster, in or at the said return of Octabis Hilarii, or in or at any Day or Time from and after the said return of Octabis Hilarii, and before the said return of Craftino Purificationis, may tarry at their Dwellings, or where their Business otherwise shall lye, without resorting to any of the said Courts for that cause, before the said return of Craftino Purificationis next coming; and that without Danger or Forfeiture, Penalty or Contempt to be in that behalf, And be it ordained and enacted by the Authority aforesaid, that Writs of Adjournment shall be directed to the justices of the said Courts, giving them authority to adjourn the said Term of Hilary, that is to say, from Octabis Hilarii, until the said return of Craftino Purificationis, as before is said: And the said Adjournment shall be made in the first Day of the said Octabis Hilarii. And be it further enacted and ordained, that all Matters, Causes, and Suits depending in any of the said Courts, shall have continuance, and the Parties shall have Day from the Date of these Presents unto Craftino Purificationis, as before is said: And the Commissioners of the Great Seal are required to issue forth Writs accordingly. And be it further ordained, that the Sheriffs of London, and all other Sheriffs of the several Counties in England and Wales, do forthwith proclaim and publish this Act in the Chief Market Towns within their several and respective Counties.
H. Scobell, Cler. Pari. D. Com.
Wednesday, January 17.
A Correspondence to be betwixt both Kingdoms.
This day the Commons took into consideration the present sitting of the Parliament of Scotland; and to the end that there may be a fair correspondence between the Kingdoms, the House ordered it to be referred to the Committee of Derby-House to bring in the Lift of the Names of some to be sent Commissioners to the Parliament of Scotland.
A Petition was presented from Ipswich in the behalf of Mr. Kissin and Mr. Knolles; and it was ordered thereupon, that they should go down and be permitted to preach there as was desired.
Petition from the Isle of Wight, &c.
A Petition was likewise presented to the Commons, with large Subscriptions, from the Isle of Wight, Portsmouth, Southampton, Poole, Hurst, Weymouth, Malmesbury, and other publick-spirited Persons, with a Representation of several Grievances of the Kingdom.
A Committee to consider of the Petitions.
The Commons chose a Committee to consider of this, and all other Petitions, of this nature, and passed Instructions for them to begin with those things first which are most of concernment to the present Settlement of the Kingdom.
The High Court of Justice sat again this Night, and had the Charge brought in abbreviated, but thought it still too large, therefore ordered to recommit it, again to be made more brief. Mr. Steel Attorney General is sick.
The Commissioners to have the Sword and Mace bearing the Arms of the King.
The Commissioners had large debate, whether they should have in Court both a Sword and Mace having upon it the Arms of the King: It was resolved to have both. In the mean time the King to be brought to Sir Robert Cotton's House on the back side of Westminster-Hall, in order to his Trial upon the Commissioners sitting in Westminster-Hall.
Thursday, January 18.
A Message from the Lds. concerning adjourning the Term.
A Message this day came from the Lords, which was grounded upon the Dissent of the Lords Commissioners of the Great Seal, joyned with the Commoners, That they could not agree to pass the Act of the Commons for adjourning the Term, without the Lords concurrence was had thereto; and that by the Instructions given to the said Commissioners, the Commons Commissioners could do nothing without assent of one of them. Their Lordships therefore sent down a Message to the Commons, desiring their concurrence to an Ordinance for adjourning the Term for a Fortnight, and that the Commissioners of the Great Seal of England may be required to pass the same under the Great Seal of England.
That all Committees have power to act, tho's the Lords join nos.
The Commons having formerly declared, that the Supreme Power of England is vested only in the People and their Representatives, and therefore voted that all Committees, which before consisted of Lord sand Commons, should have power to act to all intents and purposes tho' tho the Lords join not herein:
The Commons agreed not with the Lds. Message.
The Question was put whether they should, adhere to their former Votes, and decline the Power of their Lordships, or else own the Lords as formerly by agreeing with them in this Ordinance. This held much debate in the House, and at last the Question was put whether the House would concur with their Lordships herein; and it was resolved by the Commons assembled in Parliament, that the House would not agree with their Lordships herein but would send Answer by Messengers of their own.
These two Businesses was the debate of the whole Day.
The High Court of Justice fat again this day, and Report was made of the Proof to the several Articles in the said Charge, which took up much time in reading over.
Major Gen. Massey escaped from St. James's.
This Evening Major General Massey, one of the secluded Members, made his Escape from St. James's, where he was prisoner.
Friday, January 19.
All Delinquents to pay the last Moiety of their Fines.
The Commons having formerly appointed a Committee to peruse the Books, and certify to The House what Mony was owing to the State by Receipts of Goldsmiths-Hall, and what charged thereupon by special Ordinance of Parliament to particular Persons; the said Committee made Report thereof to the House. In prosecution whereof, an Ordinance was brought in to the House, requiring all Delinquents to make speedy Payment of the last Moiety of their Fines (for which they flood engaged by good security to the said Committee) within 20 Days after publication of the said Ordinance, or else to be sequestred by the Committees of the several Counties. This Ordinance took up much time to debate, being read the second time, and upon the Question committed.
The Place of Lieutenant of the Ordinance of the Tower referred to a Committee.
A Motion was this day made in the House concerning the place of Lieutenant of the Ordinance of the Tower, formerly granted by Ordinance of Parliament to Sir Walter Earl a Member of the House of Commons, one of the secluded Members; that the said Place might be sequestred. The House had some debate of this Business, and being not inclinable to dispose of the said Place at present, made no positive Order therein, but ordered that this Business should be referred to the consideration of a Committee.
Sir J. Pawlet's Business put off.
The House further ordered, that the Report concerning Sir John Pawlet & should be referred' till Monday morning next, in respect of other great Affairs then in consideration.
The K brought to St. James's.
The High Court of Justice for Tryal of the King, this day met after the rising of the House in the Painted Chamber, and heard the Proof to the several Articles of Impeachment against the King, who this day was brought from Windsor to St. James's, where he lodged this Night.
The Agreement of the People to be presented to the House.
This Day the General Council of the Army met at White Hall, where the Draught of the Agreement of the People was subscribed by many Officers present, and Sir Hardress Waller and 16 other Officers nominated to present it next morning to the House of Commons.
Capt Burley's son taken.
Information is come from Guernsey, that a Boat broke away from Castle-Cornet, which the Enemies perceiving, immediatly sent forth a Shallop to recover it; after which the Governour of Guernsey, Col. Rusell, sent another, and took it, and therein Capt. Burley (Son to that Capt Burley that was executed in the Isle of Wight) and sent him Prisoner to Portsmouth.
A Petition from North Wales.
A Petition was this day presented to the General Council of the Army at White-Hall from the well-affected of the Counties of North Wales. A Petition well penned, too large to be here inserted; but it is in full complyance with the Remonstrance of the Army, and the Petitions from several other Counties to bring Delinquents to punishments: and after the reading thereof, two Officers of the Army were appointed to return the Thanks of the Council to the Gentlemen of North-Wales, who brought it, and also signify unto them, how much their Hands were strengthened, and their Hearts encouraged to go on in the great Affairs they are about by such a seasonable Overture as this.
The Act being read the Court was called; every Commissioner present thereupon rising to his Name.
[It is to be remembred, that at this time, the Lady Fairfax (Wife to the General) being above in a Window, interrupted the reading of the following Names of the Commissioners, &c. by speaking aloud to the Courtthen sitting, that her Husband the Lord Fairfax was not there in Person, nor 'ever would fit among them, and therefore they did him wrong to name him as a fitting Commissioner.]
Commissioners present at Westminster-Hall, January 20. 1648.
John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William Lord Mounson, Sir John Danvers, Sir Thomas Maleverer, Baronet, Sir John Bourchier Knight, Isaac Penington Alderman of London, Henry Martin, William Purefoy, John Barkstead, John Blackiston, Gilbert Millington, Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn, 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, Peregrine Pelham, Francis Allen, Thomas Chaloner John More, William Say. John Aimed, Francis Lassells, Henry Smith, James Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory Norton Baronet, Edmond Harvey, John Ver, Thomas Scot, William Cawley, Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple, Peter Temple, Daniel Blagrave, John Browne.
This done, the Court commanded 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 with Col. Hacker and 32 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 strait 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 divided themselves on each side the Court, and his own Servants following him to the Bar.
The President's Speech to the King.
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 Inquistion 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 Defaulted resolved to bring him to Trial 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.
Mr. Cook Speaks.
Hereupon Mr. Cook, Solicitor for the Commonwealth, standing within the Bar, with the rest of the Counsel for the Commonwealth, 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. Coot's Shoulder two or three times, bidding him hold. Nevertheless the Lord President ordered him to go on, Mr. Cook 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 Stuart 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 here him. Whereupon the Clerk read the Charge, which is as followeth.
The Charge against the King.
That the said Charles Stuart, being admitted King of England, and therein trusted with a limited Power to govern by, and according to the Laws of the Land, and not otherwise; and by his Trust, Oath and Office, being obliged to use the Power committed to him for the Good and Benefit of the People, and for the Preservation of their Rights and Liberties: yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will, and to overthrow the Rights and Liberties of the People, yea to take away and make void the Foundations thereof, and of all Redress and Remedy of Misgovernment, which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments, or National Meetings in Council: He the said Charles Stuart, for accomplishing of such his Designs, and for the Protecting of himself and his Adherents in his and their wicked Practices, to the same Ends hath traitorously and maliciously levyed 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 Berverly in the County of York: and upon or about the 30th day of July in the year aforesaid in the County of the City of York; and upon or about the 24th 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 23d day of October in the same year, at Edghil or Keynton field in the County of Warwick; and upon or about the 30th day of November in the same year at Brentford in the County of Middlesex; and upon or about the 30th day of August in the year of our Lord 1643, at Caversham Bridgnear Reading in the County of Berks; and upon or about the 30th day on October in the year last mentioned, at or upon the City of Glocester; and upon or about the 30th day of November in the year last mentioned, at Newbury in the County of Berks; and upon or about the gift day of July in the year of our Lord 1644. at Cropredy Bridg in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmyn and other places near adjacent in the County of Cornwal; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid; and upon or about the 8th day of June in the year of our Lord 1645, at the Town of Leicester; and also upon the 14th day of the same Month in the same year, at Naseby-field in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times with in the years aforementioned, and in the year of our Lord 1646. he the said Charles Stuart hath caused and procured many thousands of the free People of this Nation to be Slain: and by Divisions, Parties, and Insurrections within this Land, by Invasions from foreign Parts, endeavoured and procured by him, and by many other evil ways and means, he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea, during the years before-mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament and good People of this Nation in this present year 1648. in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea. And particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince, and others, whereby, besides multitudes of other Persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation (being by him or 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 unnatural Wars, by him the said Charles Stuart levyed, continued, and renewed as aforesaid, much innocent Blood of the free People of this Nation hath been spilt, many Families have been undone, the publick Treasure wasted and exhausted, Trade obstructed and miserably decayed, vast Expence and Damage to the Nation incurred, and many parts of this Land spoiled, some of them even to disolation. And for further Prosecution of his said evil Designs, He the said Charles Stuart doth still continue his Commission s to the said Prince, and other Rebels and Revolters both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.
All which wicked Designs, Wars, and evil Practices of him the said Charles Stuart, have been, and are carried on for the advancement and upholding of a personal Interest of Will, Power, and pretended Prerogative to himself and his Family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by and from whom he was intrusted as aforesaid.
By all which it appeareth that the said Charles Stuart hath been, and is the Occasioner, Author, and Continuer of the said unnatural, cruel, and bloody Wars; and therein guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Damages, and Mischiefs to this Nation, acted and committed in the said Wars, or occasioned thereby.
Saturday, January 20.
Lieut. General Hammond, &c. presents the Agreement of the People to the House.
The House was informed that Lieut. General Hammond, and many other chief Officers of the Army were at the door to present something of great concernment to them from the General Council of the Army: they ordered that they should he called in, which done by the Serjeant at Arms attending the House, they acquainted them that they were commanded by the General Council of the Army under his Excellency's Command, and in the name of all the said Army, to present to their speedy and serious consideration a Petition from the said General Council, intituled, An Agreement of the People of England, and a Declaration concerning the same.
The chief Officers withdrawing, the House ordered that the said Petition should be read, which accordingly was done; and in respect they had ordered to rise at 12 a Clock in order to the King's Trial, which was to hear his Charge before the Commissioners in Westminster-Hall, they had not time then to hear the said Agreement.
Whereupon they ordered, that the thanks of the said House should be given to those Gentlemen for their particular and great Services to the whole Kingdom; and that they should be desired to return their hearty thanks to the General Council of Officers, and all the Army under the General's Command, for all their unwearied and gallant Services to this Nation; and that the said Petition and their Answer should be forthwith printed and published, that the Kingdom may take notice of the Union and Affection between the Parliament and the Army: and for the Agreement and Declaration, they should be taken into speedy and serious Consideration. The Officers being again called in, Mr. Speaker returned them an Answer to this purpose.
The Commons of the City to call a Common Council.
An Ordinance was this day read in the House of Commons, authorizing and requiring any six of the Common Council of the City of London, upon any emergent occasions, as they shall think fit, to send to the Lord Mayor for the time then being, to call a Common Council in the said City. And in case the Lord Mayor shall refuse to call one, that then they shall have Power to call a Common Council themselves, and any 40 of them to have full Power to act without the Lord Mayor. This Ordinance was read the first time.
Dr Juxton order'd to wait on the King.
The House had debate upon Report of a late Conference between the King and Mr. Peters; that the King very earnestly desired for better satisfaction of some scruple of Conference, he might have one of his own Chaplains admitted to him: the House hereupon ordered Dr. Juxton late Lord Bishop of London should be permitted to attend the King.
Commissioners of the Seal to issue Writs for adjourning the Term.
The House ordered that the Commissioners of the Great Seal should issue forth Writs for adjournment of the next Term, according to the Act aforesaid, notwithstanding the Lords Commissioners Non-adherence.
The High Court adjourn to Westminster-Hall.
This day the High Court of Justice for trial of the King sat in the Painted Chamber, and from thence adjourned about two in the afternoon to the place built for that Court in Westminster-Hall. The President had the Mace and Sword carried before him, and 20 Gentlemen attended as his Guard with Partizans, commanded by Col. Fox.
The King brought to the Bar, where he sat.
After an O Yes made, and silence commanded, the Act of the Commons in Parliament for sitting of the said Court was read, and the Court was called, there being above 60 Members of it present. Then the King (who lay the night before in St. James's and was brought this day to Whitehall, and thence by Water guarded with Musqueteers in boats to Sir Robert Cotton's House) was brought to the Bar. To which there attended him Col. Hacker, with about 30 Officers and Gentlemen with Halberts. At his coming to the foot of the Stairs, he was met with the Mace of the Court, and conducted to a Chair within the Bar, where he sat down in the face of the Court.
The Lord President in a short Speech acquainted the King with the cause of his being brought thither; that it was in order to his Trial upon a Charge against him by the Commons of England, which was then to be read, and the King to give his answer thereunto.
His Majesty offered to speak; His Majesty demands by what Power he was brought thither; Is commanded to answer, but refuses.
His Majesty made an offer to speak something before reading of the Charge, but upon some interruption was silent. And then his Charge was read, by which he was charged, by the name of Charles Stuart King of England, as guilty of all the Blood that hath been shed in these Wars at Keynton, Brentford, Newbury, and such other places as he was present at in Arms against the Parliament, and other particulars very large. TheKing smiled at the reading of his Charge, and after reading of it demanded of the Lord President, by what lawful Authority he was brought thither? Being answered, In the Name of the COMMONS of England: He replied he saw no Lords there, which should make a Parliament, including the King; and urged, That the Kingdom of England was hereditary and not successive; and that he should betray his Trust, is he acknowledged or answer'd to them, for that he was not convinced they were a lawful Authority. So that after he had been often commanded to answer, and refused, he was remanded to Sir Robert Cotton's House, and afterwards removed back to St. James's where he lay this night; and the Court adjourned till Monday ten a Clock in the Forenoon, further to consider of this business.
Many People came from the City to Westminster, to see the King.
On Saturday great concourse of People went out of London to Westminster; but is to see the King, they were disappointed, who was then at St. James's under a strong Guard. A solemn Fast was kept at Whitehall this day by the Commissioners for Trial of the King.
Monday, January 22.
Scots Commissioners deliver some Papers of dislike of the Trial of the King.
This day the Commssioners for the Kingdom of Scotland delivered in to the House of Commons some Papers, and a Declaration from the Parliament of Scotland, wherein they express a dislike of the present Proceedings about the Trial of the King, and declare that the Kingdom of Scotland has an undoubted Interest in the Person of the King, who was not (they say) delivered to the English Commissioners at Newcastle for the ruin of his Person, but for a more speedy settlement of the peace of his Kingdoms: That they extreamly dissent and declare against the Trial of him, and that this present way of Proceeding against him leaves a deep Impression on them, and fits heavy on all their Spirits, in reguard of the great Miseries that are like to ensue upon these Kingdoms.
Move for an Address to that King.
The Scots Commissioners by their Papers further moved the House that they might have leave to make their personal Addresses to the King.
A Committee to answer the Scots.
The House upon reading the whole referred it to Committee to draw up an answer to the Parliament of Scotland.
The Scots Declaration presented to his Excellency.
This Declaration with some other Papers from the Parliament or Scotland, were likewise pretended by the Scots Commissioners to his Excellency the Lord Fairfax.
The Castle of Pontefract does burst.
From Pontefract Leaguer by Letters this day of the 19th instant came thus: By this Post is sent to his Excellency and General Council, a Letter congratulating their happy Proceedings; wherein was likewise the Concurrence of the Officers of the Militia-Regiments at this Leaguer, who (I believe) will shortly make a fuller manifestation of their Concurrence with the rest of the Army in this great and necessary Work of the Kingdom. The Major General is still upon disbanding the Forces lately before Scarborough, and not returned hither. We are with our Approaches come very near the Walls of the Castle, so that the Enemy do prejudice us with stones, and now and then kill a Man: few recover that are wounded.
The Letter to the General follows:
The Letter to the General.
May it please your Excellency;
By understanding that the Commons of England in Parliament have lately voted the supreme Power of the Kingdom to be in the People, and derivatively in them (their Representatives) for the making, repealing, and confirming all Laws, and by virtue of that Power have appointed an high Court of Justice for the trial of the King, as also to bring to Justice other the captiv'd Enemies of our Peace and Freedoms; We begin to see some hopes of reaping the happy fruits of our hard Labours, and long Services for the fettling of this Nation in the Enjoyment thereof and are unable sufficiently to express our joyful resentment of (the Kingdom being like to receive an inestimable benefit by) your late most necessary wisely managed Action, in securing and secluding those Members of the House, that carried on that Series of wicked, corrupt and treacherous Counseland Design to betray the Kingdom to perpetual Slavery for their own ends, largely mentioned in your Remonstrances, Declarations, and more particularly in your late humble Answer of the third of January instant to the Parliament's demand of the reason of your Securing and secluding the said Members, which we hope has given them (as we doubt not all well affected unprejudiced People thereby will with us receive) full satisfaction thereunto, and that they will plainly perceive the good hand of God leading you to, and acting you in that high and harmless Service of the Kingdom, as a manifest token of his Presence, and that very way he had appointed to break in pieces those strange destructive Counsels, which doubtless would have soon involved the Kingdom in more War and Troubles to its utter ruin.
Neither can we hide our great rejoicing to see you Prudence, Care, and Constancy in the Kingdom's Present necessary Work, nor our observation of that Presence, Power, and Wisdom of God carrying you on therein; which as we doubt not but the Parliament, and all the well affected at least will see, and the whole Kingdom (tho' most unworthy) enjoy the benefit of, so you also, (upon your humble, careful, and tenderwalking in your high and slippery places) will conceive a continuation of this Divine Presence, Hot only to the silencing and preventing of all your Enemies, who watch and labour for your falling, but even in the perfecting of the same, so as all the People shall acknowledge it is the Work of God alone.
Signed in the Name of the Council of Officers at the Leaguer before Pontefract-Castle.
Pontefract, Jan. 19. 1648.
This day the High Court of Justice for trial of the King sat again in Westminster-Hall. For better satisfaction to the Kingdom, and for that several imperfect Copies have been printed, we will give you the Proceedings of his Trial exactly.
Proceedings of his Majesty's Trial at his 2d appearance.
The Court being fat, O Yes made, and silence commanded, the King was sent for; whereupon. Mr. Solicitor Cook moved the Court, That whereas he had at the last Court in the behalf of the Commons of England exhibited a Charge of High Treason, and other high Crimes, against the Prisoner at the Bar, whereof he stands accused in the Name of the People of England, and the Charge was read, and his Answer required, he was not then pleased to give answer, but instead of answering, did there dispute the Authority of this High Court: His humble Motion was, that the Prisoner may be directed to make a positive answer, either by way of Confession or Negation, which if he shall refuse to do, that the matter of charge may be taken pro confesso and the Court may proceed according to Justice.
Lord President Sir, You may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason, and other High Crimes against this Realm of England, and instead of answering, you interrogated the Court's Authority and Jurisdiction. Sir, The Authority is the Commons of England in Parliament assembled, who require your answer to the Charge either by confessing of denying.
King. When I was here last, 'tis very true I made that Question: And truly is it were only my own particular case, I would have satisfyed my self with the Protestation I made the last time I was here against the legality of this Court, and that a King cannot be tried by any superiour Jurisdiction on Earth: but it is not my case alone, it is the freedom and the liberty of the People of England; and do you pretend what you will, I stand more for their Liberties: for is Power without Law may make Laws, may alter the fundamental Laws of the Kingdom, I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own: Therefore when that I came here, I did expect particular Reasons to know by what Law, what Authority you did proceed against me here: And therefore I ama little to seek what to say to you in this particular, because the Affirmative is to be proved the Negative often is very hard to do, but since I cannot perswade you to it, I shall tell you my Reasons as short as I can.
My Reasons why in Conscience and Duty I owe to God first, and my People next for the preservations of their Lives, Liberties and Estates; I conceive I cannot answer this 'till I be satisfied of the legality of it. All Proceedings against any Man whatsoever—
Lord President. Sir, I must interrupt you, which I would not do, but that what you do is not agreeable to the Proceedings of any Court of Justice; you are about to enter into argument and dispute concerning the Authority of this Court, before whom you appear as a Prisoner, and are charged as a High Delinquent. If you take upon you to dispute the Authority of the Court, we may not do it: nor will any Court give way unto it. You are to submit to it: you are to give a punctual and direct answer, whether you will answer your Charge or no, and what your answer is.
King. Sir by your favour, I do not know the Forms of Law, I do know Law and Reason, though I am no Lawyer professed. But I know as much Law as any Gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more than you do: and therefore is I should impose a Belief upon any without Reasons given for it, it were unreasonable, but I must tell you, that by that Reason that I have as thus informed, I cannot yield unto it.
Lord President. Sir, I must interrupt you you may not be permitted: you speak of Law and Reason; it is sit there should be Law and Reason and there is both against you Sir: the Vote of the Commons of England assembled in Parliament, it is the Reason of the Kingdom; and they are these two that have given being to that Law according to which you should have ruled and reigned. Sir, you are not dispute to our Authority. you are told it again by the Court: Sir, it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly.
King. I do not know how a King may be a Delinquency any Law that ever I heard of: all Men (Delinquents or what you will) let me tell you they may put Demurrers against any Proceeding as legal; and I do demand that, and demand to be heard with my Reasons; if you deny that, you deny Reason.
Lord President. Sir, you have offered something to the Court, I shall speak something to you, the Sense of the Court: Sir, neither you nor any Man are permitted to dispute that point, you are concluded, you may not demur to the Jurisdiction of the Court: if you do, I must let you know they overrule your Demurrer; they fit here by the Authority of the Commons of England, and all your Predecessors and you are responsible to them King. I deny that, shew me one Precedent.
Lord President. Sir, you ought not to interrupt while the Court is speaking to you: This Point is not to be debated by you, neither will the Court permit you to do it; if you offer it by way of demur to the Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jarisdiction.
King. I say, Sir, by your favour, That the Commons of England was never a Court of Judicature; I would know how they came to be so.
Lord President. Sir, you are not to be permitted to go on in that speech, and these Discourses.
Then the Clerk of the Court read as follows:
Charles Stuart King of England, You have been accused on the behalf of the People of England, of High Treason, and other high Crimes; the Court have determined, that you ought to answer the same.
King. I will answer the same so soon as I know by what Authority you do this.
Lord President. If this be all that you will say, then Gentlemen you that brought the Prisoner hither, take charge of him back again.
King. I do require that I may give in my Reasons why I do not answer; and give me time for that.
Lord President. Sir, it is not for Prisoners to require.
King. Prisoners! Sir, I am not an ordinary Prisoner.
Lord President. The Court has considered of their Jurisdiction and they have already affirmed their Jurisdiction; if you will not answer we will give order to record your Default.
King. You never heard my Reasons yet.
Lord President. Sir, your Reasons are not to be heard against the highest Jurisdiction.
King. Shew me what Jurisdiction, where Reason is not to be heard.
Lord President. Sir, We shew it you here, the Commons of England; and the next time you are brought you will know more of the pleasure of the Court, and it may be their final determination
King. Shew me where-ever the House of Commons were a Court of Judicature of that kind.
Lord President. Serjeant, take away the Prisoner.
King. Well Sir, remember that the King is not suffered to give in his Reasons for the Liberty and Freedom of all his Subjects.
Lord President. Sir, you are not to have Liberty to use this Language: how great a Friend you have been to the Laws and Liberties of the People, let all England and the World judg.
King. Sir, under favour, it was the Liberty, Freedom, and Laws of the Subject that I ever took to defend my self with Arms; I never took up Arms against the People, but for the Laws.
Lord President. The command of the Court must be obeyed; no Answer will be given to the Charge.
King. Well, Sir.
And so he was guarded forth to Sir Robert Cotton's House.
Then the Court adjourned until the next day.
His Majesty still persisting not to own the Court, they refused to permit him to deliver his Reasons against the Jurisdiction of the Court by word of mouth: Nevertheless his Majesty thought fit to leave them in writing to posterity, which follow in these words:
The King's Reasons against the Jurisdiction of the Court.
"Having already made my Protestations, not only against the illegality of this pretended Court, but also, That no earthly Power can justly call me (who am your King) in question as a Delinquent, I would not any more open my Mouth upon this occasion, more than to refer my self to what I have spoken, were I in this case alone concerned: hut the Duty I owe to God in the preservation of the true liberty of my People will not suffer me at this time to be silent: for, how can any free-born Subject of England call Life or any thing he possesseth his own, if Power without Right daily make new, and abrogate the old fundamental Laws of the Land which I now take to be the present case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfyed me concerning these grounds, which hinder me to answer to your pretended Impeachment. But since I see that nothing I can say will move you to it (tho' Negatives are not so naturally proved as Affirmatives) yet I will shew you the reason why I am confident you cannot judge me, nor indeed the meanest Man in England. For I will not (like you) without shewing a Reason, seek to impose a Belief upon my Subjects.
"There is no Proceedings just against any Man, but what is warranted either by God's Laws, or the municipal Laws of the Country where he lives. Now I am most confident this Day's Proceeding cannot be warranted by God's Laws: for on the contrary, the Authority of Obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which is denied, I am ready instantly to prove.
"And for the Question now in hand, there it is said, That where the word of a King is, there is Power; and who may say unto him, What dost thou? Eccles. 8. 4. Then for the Law of this Land, I am no less confident, that no learned Lawyer will affirm, that an Impeachment can lie against the King, they all going in his Name: And one of their Maxims is, That the King can do no wrong. Besides, the Law upon which you ground your Proceedings, must either be old or new: is old, shew it; is new, tell what Authority, warranted by the fundamental Laws of the Land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one it self (as is well known to all Lawyers) I leave to God and the World to judg: And it were full as strange, that they should pretend to make Laws without King or Lords House, to any that have heard speak of the Laws of England.
"And admitting, but not granting, that the People of England's Commission could grant your pretended Power, I see nothing you can shew for that; for certainly you never asked the Question of the tenth Man in the Kingdom, and in this way you manifestly wrong even the poorest Ploughman, is you demand not his free consent: not can you pretend any colour for this your pretended Commission, without the consent at least of the major part of every Man in England of whatsoever Quality or Condition, which I'm sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own Right alone, as I am your King, but also for the true liberty of all my Subjects, which consists not in the power of Government, but in living under such Laws, such a Government, as may give themselves the best assurance of their Lives, and property of their Goods: nor in this must or do I forget the Privileges of both Houses of Parliament, which this Days Proceedings do not only violate, but likewise occasion the greatest Breach of their publick Faith that (I believe) ever was heard of, with which I am far from charging the two Houses: for all the pretended Crimes laid against me, bear date long before this Treaty at Newport, 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, where since I am come, I cannot but to my Power defend the antient 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 hope 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 fallout 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 Reigns 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 antient 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 hindered to shew my Reasons.
Tuesday, January 23.
The Commons this day had an Ordinance reported for settling of the Courts of Justice, and in what way Writs should be issued for the future; That Writs out of Chancery should go in the name of Chancellor, or Keepers of the Seal; also in other Courts, in the Name of the Judg or Judges: And whereas it has been formerly charged upon Malefactors, that they have acted contrary to the peace of our Soveraign Lord the King, his Crown and Dignity; it is now to be thus, against the Peace, Justice and Council of England.
The King's 3d appearance before the Court.
This Day the High Court of Justice for trial of the King sat again in Westminster-Hall, 73 Persons present. The King comes in with his Guard, looks with an austere Countenance upon the Court, and sits down.
Mr. Cook, Solicitor General, moved the Court, That whereas the Prisoner at the Bar, instead of giving answer to the Charge against him, did still dispute the Authority of the Court, That as according to Law, if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable Plea Guilty or not Guilty of the Charge given against him, whereby he may come to a fair trial, that by an implicite Confession it may be taken pro Confesso, as it hath been done to those who deserved more favour than the Prisoner at the Bar has done: and therefore that speedy Judgment be pronounced against him.
Lord President Sir, You have heard what is moved by the Counsel on the behalf of the Kingdom against you: Sir, you may well remember and if you do not, the Court cannot forget what delatory dealings the Court has found at your hands. You were pleased to propound some questions; you had your Resolutions upon them; You were told over and over again, that the Court did affirm their own Jurisdiction; that it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did persist in such Carriage as you gave no manner of obedience, nor did you acknowledg any Authority in them, nor the High Court that constituted this Court of Justice.
Sir, I must let you know from the Court that they are very sensible of these delays of yours, and that they ought not, being thus authorized by the Supreme Court of England, to be thus trifled withal; and that they might in Justice, if they pleased, and according to the Rules of Justice, take advantage of these delays, and proceed to pronounce Judgment against you: yet nevertheless they are pleased to give direction, and on their behalfs I do require you, That you make a positive Answer unto this Charge that is against you, Sir, in plain terms; for Justice knows no respect of Persons: you are to give your positive and final Answer in plain English, whether you be guilty or not guilty of these Treasons laid to your charge.
The King after a little pause said;
When I was here yesterday, I did desire to speak for the Liberties of the People of England; I was interrupted, I desire to know yet whether I may speak freely or no.
Lord Fresident. Sir, you have had the resolution of the Court upon the like question the last day, and you were told that having such charge of so high a nature against you, your work was, That you ought to acknowledg the Jurisdiction of the Court, and to Answer to your Charge. Sir, if you answer to your Charge, which the Court gives you leave now to do, though they might have taken the advantage of your contempt; yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best Defence you can: But, Sir, I must let you know from the Court, as their Commands, that you are not permitted to issue out into any other Discourses, 'till such time as you have given a positive answer concerning the matter that is charged upon you.
King. For the Charge I value it not a rush it is the Liberty of the People of England stand for: For me to acknowledg a new Court, that I never heard of before; I that am your King, that should be an Example to all the People of England, to uphold Justice, to maintain the old Laws; indeed I do not know how to do it. You spoke very well the first day that I came here (on Saturday) of the Obligations that I had laid upon me by God, to the maintenance of the Liberties of my People: the same obligation you speak of, I do acknowledg to God that I owe to him, and to my People, to defend as much as in me lies the ancient Laws of the Kingdom. Therefore until that I may know that this is not against the fundamental Laws of the Kingdom, by your favour, I can put in no particular Answer. If you will give me time, I will shew you my Reasons why I cannot do it; and thus—Here being interrupted, he said.
By your favour, you ought not to interrupt me; how I came here I know not; there's no Law for it, to make your King your Prisoner. I was in a Treaty upon the publick Faith of the Kingdom, that was the known—two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the Treaty, then I was hurried away and bought hither, and therefore—Here the Lord President said, Sir, you must know the pleasure of the Court.
King. By your Favour, Sir.
Lord President. Nay, Sir, by your favour, you may not be permitted to fall into those Discourses: you appear as a Delinquent, you have not acknowledged the Authority of the Court; the Court craves it nor of you but once more they command you to give your positive Answer—Clerk, do your Duty.
King. Duty, Sir?
The Clerk reads a Paper, requiring the King to give a positive and final Answer by way of confession or denial of the Charge.
King. I say again to you, so that I might give satisfaction to the People of England of the clearness of my Proceedings, not by way of answer, not in this way, but to satisfy them, that I have done nothing against that trust that hath been committed to me, I would do if: but to acknowledg a new Court against their Privilege, to alter the fundamental Laws of the Kingdom, Sir, you must excuse me.
Lord President. Sir, This is the third time that you have publickly disowned this Court, and put an Affront upon it; how far you have preserved the Privileges of the People, your Actions have spoke it: and truly, Sir, Mens Intentions ought to be known by their Actions, you have written your meaning in bloody Characters throughout the whole Kingdom; bur, Sir, you understand the pleasure of the Court—Clerk, record the Default—and Gentlemen you that took charge of the Prisoner, take him back again.
King. I will say this one word more to you; if it were my own particular, I would not say any more, nor interrupt you.
Lord President. Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it) to find that you are before a Court of Justice.
Then the King went forth with his Guard to Sir Robert Cotton's House, where he lay the last Night and this; and the Court adjourned 'till the next day.
Wednesday, January 24.
The House this day only met and adjourned.
This day it was expected the High Court of Justice would have met in Westminster-Hall about 10 of the Clock; but at the time appointed one of the Ushers by Direction of the Court (then sitting in the Painted Chamber) gave notice to the People there assembled, That in regard the Court was then upon the examination of Witnesses in relation to present affairs in the Painted Chamber, they could not fit there, but to appear upon further Summons.
The Depositions are as followeth.
H. G. and W. C. Witnesses, produced to the Charge against the King, were tworn and examined.
The Witnesses sworn in open Court, and after examined by the Committee appointed for that purpose the 24th instant, were now in open Court called, and their respective Depositions were read to them, who did avow their laid several Depositions, and affirm what was so read unto them respectively was true upon the Oaths they had taken.
The Depositions taken ut supra, are as followeth, viz.
January 25. 1648.
The several Depositions against the King.
W. C. of Patrington in Holderness in the County of York, Gentleman, aged 42 years, or thereabouts, sworn and examined, saith, 'That he this Deponent living at Hull Bridg near Beverly, in July 1642. did then hear that Forces were raised about 3000 Foot, for the King's Guard, under Sir Robert Strikland.
And this Deponent further saith, 'That about the 2d of July 1642. he faw a Troop of Horse come to Beverly, being the Lord's-Day, about 4 or 5 a Clock in the Afternoon, called the Prince's Troop, Mr. James Nelthrop being then Mayor of the said Town.
And this Deponent further saith, 'That he did see that afternoon the said Troop march from Beverly aforesaid into Holderness, where they received Ammunition, brought up the River of Humber unto them.
And this Deponent further saith, 'That the same night being Sunday, there came about 300 Foot Soldiers (said to be Sir Robert Strickland's Regiment) under the Command of Lieut. Col. Duncomb, and called, the King's Guard, unto this Deponent's House, called Hull-Bridg, near Beverly, about midnight, and broke open, entred and possessed themselves of the said House; and that the Earl of Newport, the Earl of Carnarvan, and divers others came that night thither to the said Forces; and that the same night (as this Deponent was then informed) Sir Tho, Gower, then High Sheriff of the said County, came thither, and left there a Warrant for staying all Provisions from going to Hull to Sir John Hotham; which said Warrant was then delivered to this Deponent, being Constable by Lieut. Col. Duncomb.
And this Deponent further saith, 'That he was by the said Forces put out of his House, and did with his Family go to Beverly; and after that, viz. the Thursday following, to this Deponent's best remembrance, he did see the King come to Beverly, to the Lady Gee's House there, where he this Deponent did often see the King, with Prince Charles, and the Duke of York; and that the Trained Bands were then raised in Holderness, who were raised (as was generally reported) by the King's Command.
And this Deponent further saith, 'That the night after the said Forces had (as aforesaid) possessed themselves of this Deponent's House, Col. Legard's House was plundered by them, being upon a Monday; which aforefaid Entry of this Deponent's House was the first Act of Hostility that was committed in those parts.
And this Deponent further saith. 'That after the said Sir Robert Strickland's said Company was gone from Hull-Bridg, having continued there about ten days, there then came to the said House Col. Wivel, with about 700 foot Soldiers, who then took up his Quarters at Hull-Bridg aforefaid. And this Deponent further saith, 'That the Warrant he now produceth to this Court, is the same original Warrant aforefaid spoken of.
And this Deponent further saith, 'That the General's Name of the said Forces that were there, and raised as aforefaid, was the Earl of Lindsey; and that this Deponent was brought before him the said General, in the name of the King's Lord General, for holding intelligence with Sir John Hotham, then Governour of Hull, and because it was then informed to the said General, that he this Deponent had provisions of Corn to send over into Ireland, which he this Deponent was forbidden by the said General to send unto Ireland, or any place else, without his or the King's Direction or Warrant first had in that behalf.
The aforefaid Warrant, mentioned in the Deposition of the said W. C. is as followeth:
It is his Majesty's Command, that you do not suffer any Victuals or Provision of what sort soever, to be carried into the Town of Hull, without his Majesty's special License first obtained; and of this you are not to fail at your peril.
Tho. Gower, Vi. Co.
Dated at Beverly, July 3. 1642.
To all Head-Constables, and Constables in the East Riding of the County of York, and to all other his Majesty's Loyal Subjects.
J. B. of Harwood in the County of York, Glover, sworn and examined, saith, That he being a Soldier under the King's Command, the first day that the King's Standard was set up at Nottingham; which was about the middle of Summer last was six years, he this Examinant did work at Nottingham; and that he did see the King within the Castle of Nottingham, within two or three days after the said Standard was so set up; and that the said Standard did fly the same day that the King was in the said Castle as aforesaid: and this Deponent did hear that the King was at Nottingham the same day that the said Standard was set up, and before.
And this Deponent further saith, 'That there was then there the Earl of Lindsey's Regiment, who had then their Colours given them; and that the said Earl of Lindsey was then also proclaimed there, The King's General; and that it was proclaimed then there likewise in the King's Name, at the Head of every Regiment, that the said Forces should fight against all that came to oppose the King, or any of his Followers; and in particular, against the Earl of Essex, the Lord Brook, and divers others: and that they the said Earl of Essex, and Lord Brook, and divers others, were then proclaimed Traitors; and that the same Proclamations were printed and dispersed by the Officers of the Regiments throughout every Regiment.
And this Deponent further saith, 'That he this Deponent, and the Regiment of which he then was, had their Colours then given them; and Sir William Pennyman being the Colonel of the said Regiment, the said Sir William Pennyman was present with his said Regiment at that time.
And this Deponent further saith, 'That the said Standard was advanced upon the highest Tower of Nottingham Castle; and that he this Deponent did see the King often at Nottingham, at that time that the said Forces continued in Nottingham as aforesaid, they continued there for the space of one Month; and that the Drums for raising Voluntiers to fight under the King's Command, were then beaten all the said County over, and divers other Forces were raised there.
And this Deponent further saith, 'That he did take up Arms under the King's Command as aforesaid, for fear of being plundered; Sir William Pennyman giving out, that it were a good deed to fire the said Town, because they would not go forth in the King's Service; and that this Deponent's Father did thereupon command him this Deponent to take up Arms as aforesaid; and that divers others (as they did confess) did then also take up Arms for the King, for fear of being plundered.
And this Deponent further saith, 'That in or about the Month of October 1642. he did see the King at Edghil in Warwickshire, where he fitting on Horse-back while his Army was drawn up before him, did speak to the Colonel of every Regiment that passed by him, that he would have them speak to their Soldiers to encourage them to stand to it, and to sight against the Lord of Essex, the Lord Brook, Sir William Waller, and Sir William Balfour.
And this Deponent saith, 'That he did see many slain at the fight at Edghil, and that afterwards he did see a Lift brought in unto Oxford, of the Men which were slain in that fight, by which it was reported that there were slain 6559 Men.
And this Deponent further saith, 'Afterwards, in or about the Month of November 1642. he did see the King in the Head of his Army at Hounslow-Heath in Middlesex, Prince Rupert then standing by him. And he this Deponent, did then hear the King encourage several Regiments of Welshmen (then being in the field) which had run away at Edghil, saying unto them, That he did hope they would regain their Honours at Brentford, which they had lost at Edghil.
W. B. of Wixhall in the County of Salop Gentleman, being sworn and examined, deposeth, 'That about August in the year 1642. this Deponent saw the King at Nottingham, while the Standard was set up, and the Flag flying; and that he this Deponent much about the same time marched with the King's Army from Nottingham to Derby, the King himself being then in the Army; and about September the said year, he this Deponent was put upon his Trial at Shrewsbury as a Spy, before Sir Robert Heath, and other Commissioners of Oyer and Terminer, the King then being in Person in Shrewsbury.
H. H. of Stratford upon Avon in Warwickshire, sworn and examined, deposeth, 'That about Corn Harvest in the year 1642. this Deponent saw the King in Nottingham Castle, while the Standard was set upon one of the Towers of the said Castle, and the Flag flying.
And he further saith and deposeth, 'That he this Deponent saw the King the same year about the Month of November in Brentford Town on Horseback with a great many Commanders about him, on a Sunday morning, when on the Saturday night before there were a great many of the Parliament's Forces slain by the King's Forces in the said Town.
R. L. of the Town and County of Nottingham, Painter, sworn and examined, deposeth, 'That he this Deponent in Summer time in the year 1642. by order from my Ld. Beaumont, did paint the Standard-pole, which was set up on the top of the old Tower of Nottingham-Castle: And he further saith, That he saw the King in the Town of Nottingham divers times while the Standard was up there, and the Flag flying; and the King did lie at the House of my Ld. of Clare in Nottingham-Town; and that he this Deponent did then and there see the King many times.
E. R. of Bishops-Castle in the County of Salop, Ironmonger, sworn and examined, saith and deposeth, 'That he this Deponent saw the King Nottingham Town while the Standard was set up on the high Tower in Nottingham Castle.
And he further saith, 'That he saw the King at the Head of the Army at Shrewsbury upon the march towards Edghill, and that he likewise saw the King in the Reer of his Army in Keynton-field; and likewise saw the King upon the Sunday Morning at Brentford, alter the fight upon Saturday next before in the said Town.
R. L. of Cotton in Nottinghamshire, Tyler sworn and examined, saith, 'That he this Deponent about October in the year 1642. saw the King in the Reer of his Army in Keynton-field upon a Sunday, where he saw many slain on both sides.
And he further saith, 'That he saw the King In Cornwal, in his Army, near the House of my Lord Mohun, about Lestithiel, about Corn-harvest, 1644.
S. M. of Wellington in the County of Salop, Felt-maker, sworn and examined, deposeth, 'That he this Deponent, upon a Sunday Morning in Keynton-field, saw the King upon the top of Edghil in the Head of the Army, some two hours before the Fight, which happened after Michaelmas on a Sunday, the year 1642. and he this Deponent saw many Men killed on both sides in the same time and place.
And he further saith, 'That in the year 1644. he this Deponent saw the King in his Army near Cropredy-Bridg, where he saw the King light off his Horse, and draw up the Body of his Army in Person himself.
J. W. of Rosse in Herefordshire, Shoemaker, sworn and examined, deposeth, That he this Deponent about October, the year 1642 saw the King in Keynton fields below the Hill in the Field with his Sword drawn in his hand, at which time and place there was a great Fight, and many killed on both sides.
And he further deposeth, 'That he saw the King at Brentford, on the Sunday in the Forenoon in November, in the year abovesaid, while the King's Army was in the Town, and round about it.
J. P. of the Parish of Hayner in the County of Derby, Yeoman, aged 37 years, or thereabouts, sworn and examined, saith, 'That about August 1642. he this Deponent saw the King's Standard flying upon one of the Towers of Nottingham-Castle; and that upon the same day he saw the King in Thurland House, being the Earl of Clare's House in Nottingham, in the Company of Prince Rupert, Sir John Digby, and other Persons, both Noblemen and others; and that the King had at the same time in the said Town a Train of Artillery, and the said Town was full of the King's Soldiers.
S. L. of Nottingham, Malster, aged 30 years, or thereabouts, sworn and examined, saith, 'That about August 1642. he this Deponent saw the King's Standard brought forth of Nottingham-Castle, born upon divers Gentlemens Shouldiers, (who as the Report was) were Noblemen; and he saw the same by them carried to the Hill close adjoyning to the Castle, with a Herald before it; and there the said Standard was erected with great Shoutings, Acclamations, and found of Drums and Trumpets: and that when the said Standard was so erected, there was a Proclamation made: and that he this Deponent law the King present at the erecting thereof. And this Deponent further saith, 'That the said Town was then full of the King's Soldiers, of which some quartered in this Deponent's House; and that when the King with his said Forces went from the said Town, the Inhabitants of the said Town were forced to pay a great Sum of Mony to the King's Army, being threatned, that in case they should refuse to pay it, the said Town should be plundered.
A. T. Citizen and Barber-Surgeon of London, being aged 29 years, or there abouts, sworn and examined, saith, 'That he this Deponent was present at the Fight at Edgbil, between the King's Army and the Parliament's, in October 1642. and he did then see the King's Standard advanced, and flying in his Army in the said fight.
T. W. of the Town and County of Nottingham, Shoemaker, aged 22 years, sworn and examined, saith, 'That he this Deponent saw the King in the Town of Nottingham, the same day that his Standard was fet up in Nettingham Castle, being about the beginning of August 1642. and that the King went then from his Lodging in Thurland House, towards the said Castle; and that he this Deponent saw him several times about that time in Nottingham, there being divers Soldiers at that time in the said Town, who were called by the name of the King's Soldiers.
And this Deponent further saith, 'That he saw the King's Standard flying upon the old Tower in the said Castle.
J. T. of Llangellen, in the County of Denbigh, Husbandman, aged 25 years, or thereabouts, sworn and examined, saith, 'That he saw the King at Brentford in the County of Middlesex, on a Saturday night at 12 of the Clock, soon after Edghil Fight, attended with Horse and Foot Soldiers, the King being then on Horseback with his Sword by his side; and this Deponent then heard the King say to the said Soldiers as he was riding through the said Town, Gentlemen, You have lost your honour at Edgbil, I hope you will regain it again here, or words to that effect.
And this Deponent further saith, 'That there were some Skirmishes between the King's Army and the Parliament's Army, at the same time, both before and after the King spake the said words; and that many Men were slain on both sides.
R. B. Citizen and Weaver of London, aged 35 years or thereabouts, sworn and examined, saith, 'That at the defeat of the Earl of Essex's Army in Cornwal, he this Deponent was there, it being at the latter end of the Month of August, or beginning of September 1644. At which time he this Deponent saw the King at the Head of his Army, near Foy, on Horseback: And further saith, 'That he did then see divers of the Ld. of Essex's Soldiers plundered, contrary to Articles then lately made, near the Person of the King.
W. J. of Uske the County of Monmouth, Husbandman, aged 22 years, or thereabouts, sworn and examined saith, 'That he this Deponant did see the King within two Miles of Naseby-field, the King then coming fromwards Harborough, marching in the Head of his Army towards Naseby-field, where the Fight was; and that he this Deponent did then see the King ride up to the Regiment which was Col. St. George's, and there the Deponent did hear the King ask the Regiment, whether they were willing to fight for him? To which the Soldiers made an Acclamation, crying, All, All.
And this Deponent further saith, 'That he saw the King in Leicester, with his Forces, the same day that the King's Forces had taken it from the Parliament's Forces.
And this Deponent further saith, 'That he saw the King in his Army that besieged Glocester, at the time of the said Siege.
H. B. of Witsondine in the County of Rutland, Husbandman, aged 22 years or thereabouts, sworn and examined, saith, 'That at such time as the Town of Leicester was taken by the King's Forces, being in or about June 1645 Newark-Fort in Leicester aforesaid was surrendred to the King's forces upon Composition, That neither Clothes nor Money should be taken away from any of the Souldiers of that Fort, which had so surrendred, nor any violence offered to them; and that as soon as the said Fort was upon such Composition so surrendered as aforesaid, the King's Souldiers, contrary to the Articles, fell upon the Souldiers of the said Fort, stript, cut, and wounded many of them; whereupon one of the King's officers rebuking some of those that did so abuse the Parliament's Souldiers, this Deponent did then hear the King reply, I do not care is they cut them; times more, for they are mine Enemies, or words to that effect: And that the King was then on Horseback in bright Armour in the said Town of Leicester.
D. E. of Abergenny in the County of Monmouth, Smith, aged about 23 years sworn and examined, saith, 'That about half an Hour before the Fight at Naseby, about Midsummer in June 1645. he saw the King marching up to the Battel in the head of his Army, being about half a Mile from the place where the said Battle was fought.
D. E. of Carston in the County of Salop, Butcher, aged 21 years, or thereabouts, sworn and examined, saith, 'That in June 1645, he this Deponent did see the King at the Head of his Army, an hour and half before the Fight in Naseby-field, marching up to the Battle, being then a Mile and a half from the said Field.
And this Deponent saith, 'That he did afterwards the same day see many slain at the said Battel.
G. G. of Wellington in Shropshire, Gentleman, sworn and examined, deposeth, 'That he this Deponent law the King in the Head of his Army at Cropredy bridg, with his Sword drawn in his hand, that day when the Fight was against Sir William Waller, on a Friday, as this Deponent remembreth, in the year 1644, about the Month of July.
And he further saith, 'That he saw the King in the same Summer in Cornwal, in the Head of his Army about Lestithiel, at such time as the Earl of Essex was there with his Army.
And he further saith, 'That he also saw the King in the Head of his Army at the second Fight near Newberry.
And further saith, 'That he saw the King in the front of the Army in Naseby-field, having Back and Breast on.
And he further saith, 'That he saw the King in the Head of the Army, at what time the Town of Leicester was stormed, and saw the King ride into the Town of Leicester after the Town was taken, and he saw a great many Men killed on both sides at Leicester, and many Houses plundered.
J. V. of Damorham in the County of Wilts, Gentleman, sworn and examined, saith, 'That he did see the King at the first Newberry Fight about the Month of September 1643. in the Head of his Army, where this Deponent did see many slain on both sides.
This Deponent also saith, 'That he did see the King at the second Battel at Newberry about the Month of November 1644. where the King was at the Head of his Army in compleat Armour with his Sword drawn; and this Deponent did then see the King lead up Col. Tho. Howard's Regiment of Horse, and did hear him make a Speech to the Souldiers in the Head of that Regiment to this effect, that is to say, That the said Regiment should stand to him that day for that his Crown lay upon the point of the Sword, and it he lost that day, he lost his Honour and his Crown for ever: And that this Deponent did see many slain on both sides at that Battel.
This Deponent further saith, 'That he did see the King in the Battel at Naseby-field in Northamptonshire, on or about the Month of June 1645. where the King was then compleatly armed with Back, Breast, and Helmet, and had his Sword drawn; where the King himself, after his Party was routed, did rally up the Horse, and caused them to stand: and at that time this Deponent did see many slain on both sides.
G. S. of London, Cordwainer, sworn and examined saith, 'That he did see the King at the head of a Brigade of Horse at the siege of Glocester. and did also see him at the first Fight at Newberry, about September 1643 where the King was at the head of a Regiment of Horse; and that there were many slain at that fight on both sides. This Deponent also saith, That he did see the King at the second Fight at Newberry, which was about November 1644. where the King was in the middle of his Army.
J. M. of the City of Cork in Ireland, Gentleman, sworn and examined, saith, 'That at the last Fight at Newberry, about the Month of November, 1644. he this Deponent did see the King in the middle of the Horse with his Sword drawn; and that he did see abundance of Men at that Fight slain upon the ground on both sides.
This Deponent also saith, 'That he did see the King ride into Leicester before a Party of Horse, the same day that Leicester was taken by the King's Forces, which was about the Month of June 1645.
This Deponent further saith, 'That he did see the King before the Fight at Leicester at Cropredy bridg, in the midst of a Regiment of Horse; and that he did see many slain at the same time, when the King was in the Fight at Cropredy-bridg.
And lastly, this Deponent saith, 'That he did see the King at the Head of a Regiment of Horse at Naseby Fight, about the Month 1645. where he did see abundance of Men cut, shot, and slain.
T. J. of Boyset in the County of Northampton, Husbandman, sworn and examined, saith, 'That he did see the King in his Army at the first Fight of Newberry in Berkshire, in the Month of September 1643. he this Deponent, and others, with a Party of Horse, being commanded to face the Parliament's Forces, whilst the Foot did fetch off the dead.
He saith also, 'That he did see the King advance with his Army, to the Fight at Naseby-field in Northamptonshire, about June 1645. and that he did again at that Fight see the King come off with a Party of Horse after that his Army was routed in the Field; and that there were many Men slain on both parts at that Battel at Naseby.
T. R. of Hanslop in the County of Bucks, Gentleman, sworn and examined, saith, 'That he did see the King near Foy in Cornwal, in or about the Month of July 1644. at the Head of a Parry of Horse; and this Deponent did see some Soldiers plunder'd after the Articles of Agreement made between the King's Army and the Parliament's Forces, which Soldiers were so plundered by the King's Party, not far distant from the King.
T. R. of Maidstone in the County of Kent, Gentleman, sworn and examined, saith, 'That presently aster the laying down of Arms in Cornwal, between Lestithiel and Foy, in or about the end of August, or beginning of September 1644. he this Deponent did see the King in the Head of a Guard of Horse.
J C. of Dublin in Ireland Barber, sworn and examined, saith, 'That at the first Fight of Newberry, about the time of Barly-harvest, 1643. he this Deponent did see the King riding from Newberry Town, accompanied with divers Lords and Gentlemen, towards the place where his Forces were then fighting with the Parliament's Army.
S. B. of Lyneham in the County of Wilts, Gentleman, sworn and examined, saith, 'That he this Deponent was at Nottingham, in or about the Month of August 1642. at which time he saw a Flag flying upon the Tower of Nettingham Castle; and that the next day afterwards he did see the King at Nottingham, when the said slag was still flying, which Flag this Deponent ther heard was the King's Standard.
He saith also, 'That he did afterwards see the King at Cropredy bridg, in the Head of his Army in a follow Field ther; and did see the King in pursuit o Sir William Waller's Army, being then routed, which was about, July 1644. And at that time this Deponent did see many People slain upon the ground And further this Deponent saith, 'That in or about the Month of November 1644. he did see the King at the last Fight at Newberry, riding up and down the Field from Regiment to Regiment, whilst his Army was these fighting with the Parliament's Forces; and this Deponent did see many Men slain at at that Battle on both sides.
M. P. of Sharpereton in the County of Northumberland, Vintner, sworn and examined, deposeth, 'That he this Deponent saw the King in the head of the Army in the Fields about a Mile and a half from Newberry Town, upon the Heath, the day before the Fight was, it being about Harvest-tide 1643.
And he further saith, 'That he saw the King on the day after, when the Fight was, standing near a great piece of Ordnance in the fields.
And he further saith, 'That he saw the King in the second Newberry-Fight in the Head of his Army, being after or about Michaelmas 1644.
And further saith, 'That he saw a great many Men slain at both the said Battels.
And be further saith, 'That he saw the King in the Head of his Army at Cropredy bridg in the year 1644.
And he further saith, 'That he saw the King in the Head of his Army in Cornwal near Lestithiel, while the Earl of Essex lay there with his Forces, about the middle of Harvest, 1644.
G. C. of Aston in the County of Hereford, Ferryman, aged 50 years, or hereabouts, sworn and examined, saith, 'That he this Deponent did see the King near Cropredy-bridg, about the time of mowing Corn, 1644. in the Van of the Army there, and that he drew up his Army upon a Hill, and faced the Parliament's Army; and that there was thereupon a Skirmishi between the King's and the Parliament's Army, where he this Deponent saw divers Persons slain on both sides.
The Examination of H. G. of Grays Inn in the County of Middlesex, Gentleman, sworn and examined.
This Deponent saith, 'That upon or about the 30th day of September last, he this Deponent was in the lsle of Wight, and had access unto, and discourse with the King, by the means of the Ld. Marquiss of Hartford, and Commissary Morgan: where this Deponent told the King, that his Majesty had many friends; and that since his Majesty was pleased to justify the Parliament's first taking up Arms, the most of the Presbyterian Party, both Soldiers and others, would stick close to him. To which the King answered thus, That he would have all his old friends know, that though for the present he was contented to give the Parliament leave to call their own War what they pleased; yet that he neither did at that time, nor ever should decline the Justice of his own Cause.
And this Deponent told the King, 'That his business was much retarded, and that neither Col. Thomas, nor any other could proceed to action, thro' want of Commission.
The King answered, 'That he being upon a Treaty would not dishonour himself; but that is he this Deponent would take the pains to go over to the Prince his Son (who had full Authority from him) he the said Deponent, or any for him, should receive whatsoever Commissions should be desired; and to that purpose he would appoint the Marquiss of Hartford to write to his Son in his Name, and was pleased to express much of Joy and Affection, that his good Subjects would engage themselves for his Restoration.
R. W. of the Parish of St. Martins in the County of Cornwal, Husbandman, aged 23 years, or thereabouts, sworn and examined, saith, 'That he this Deponent did see the King marching in the Head of his Army about September 1644. a mile from Lestithiel in Cornwal, in Armour, with a short Coat over it unbottoned.
And this Deponent further saith, 'That he saw him after that in St. Austel Downs, drawing up his Army.
And this Deponent saith, 'He did after that see the King in the Head of his Army near Foy, and that the Earl of Essex and his Army did then lie within one Mile and a half of the King's Army.
The Witnesses being examined as aforesaid, the Court adjourned for an hour.
R. P. of London, Scrivener, was produced a Witness to the Charge against he King, who being sworn and examined, saith,
'That upon occasion of some tampering by the King's Agents with the Independents in and about London, to draw them from the Parliament's Cause to the King's Party, which was discovered by some of those so tampered with, unto sundry Members of the Committee of Safety, they directed a carrying on of a seeming Compliance with the King: That he this Deponent travelling to Oxford in January 1643. had a safe Conduct under the King's Hand and Seal, which he this Deponent knoweth to be so, for that the King did own it, when he was told that this Deponent was the Man that came to Oxon with that safe Conduct.
And this Deponent also saith, 'That after sundry Meetings between him and the E. of Bristol, about the drawing of the Independents unto the King's Cause against the Parliament, the Substance of the Discourse at which Meetings, the said Earl told this Deponent, was communicated to the King, he this Deponent was by the said Earl brought to the King to confer about that Business; where the King declared, That he was very sensible that the Independents had been the most active Men in the Kingdom for the Parliament against him, and thereupon perswaded this Deponent to use all means to expedite their turning to him and his Cause: and for the better encouragement, the King promised in the word of a King, That is they, the Independents, would turn to him, and 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 Earl 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 impart the same unto the Independents for their better incouragement, That the King's Affairs prospered well in Ireland: That the Irish Subjects had given the Rebels (meaning the Parliament's 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 our of Ireland, which were come and expected daily. And when this Deponent was to depart out of Oxford, four safe Conducts, with blanks in them for insetting 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 Garison 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.
T. C. a Member of the House also reported several Papers and Letters of the King's writing, and under the King's own hand.
After which the Court sat 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 Sentence of Condemnation against Charles Stuart King of England.
'Resolved, &c. That the Condemnation of the King shall be for a Tyrant Traitor, and Murderer.
'Resolved, That the Condemnation of the King shall be likewise for being a Publick Enemy to the Commonwealth of England.
'Resolved, That this Condemnation shall extend to Death.
The Court adjourned it self 'till to morrow at one of the Clock in the Afternoon.
January 26. 1648.
Here the Court sat private.
The Draught of a Sentence against the King, is according to the Votes of the 25th 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.
'Resolved, That the said Sentence shall be ingrossed: That the King be brought to Westminster to morrow to receive his Sentence.
The Court adjourn'd it self till the morrow at 10 of the Clock in the morning to this place; the Court giving notice that they then intended to adjourn from thence to Westminster-Hall.
Thursday and Friday, January 25 and 26. 1648.
The House this day met again, and adjourned.
The High Court for Trial of the King proceeded in the hearing of Witnesses to prove the several parts of the Charge against him: some proving that they saw him present at the setting up of his Standard; others that they did see him in the Field in such and such Fights with his Sword drawn, and so as in his Charge &c. When he is next called, if he plead, the Witnesses will be ready to speak Viva voice; and if he still refuse to plead, 'tis probable the Court will give present Sentence.
The Charge against the King published by it self. And I have given you somewhat largely the Particulars of his Trial: We will for the better satisfaction, in order to Judgment thereupon to be passed, give you somewhat more fully the Heads of his Charge, which was thus:
That 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 Parliament's, or national Meetings in Council; 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 traitorously and maliciously levyed War against the present Parliament, and the People therein represented more particularly.
At Beverly in Yorkshire at Nottingham (when and where he set up his Standard of War) at Edghil and Keynton-field, at Brentford, at Cavesham-bridg, at the Siege of Gloucester, at Newberry-fight, at Bodmin, and other places in Cornwal at the Town of Leicester, at Nafeby-field, and several other times, and places. That he has cansed and procured many thousands of the free People of the Nation to be slain; and by Divisions, Parties, and Insurrections within this Land, by Invasions from foreign Parts, endeavoured and procured by him, and by many other evil ways and means his giving Commissions to his Son the Prince, and other Rebels and Revolters both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him, from whom further Invasions upon this Land are threatned. Upon the procurement and on the behalf of the said Charles Stuart.
All which wicked Designs, Wars, and evil Practices of him the said Charles Stuart, have been and are carried on for the advancing and upholding of the personal Interest Will and Power, and pretended Prerogative to himself and his Family, against the Publick Interest, Common Rights Liberty, Justice, and Peace of the People of this Nation, by and for whom he was intruded as aforesaid.
By all which it appeareth, that he the said Charles Stuart has been and is the Occasioner, Author and Contriver of the said unnatural, cruel, and bloody Wars, and therein, guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Disolations, Damage and Mischief to this Nation acted or or committed in the said Wars, or accasioned thereby.
January 27. 1648. Post Merid.
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 Cromwel, Henry Ireton, Sit Hardress Waller Knight, Sir John Bourcher Knight, William Heveningkam, Isaac Penington Alderman of London, Henry Martin, William Purefoy, John Barkstead, Matthew Thomlinson, John Blackiston, Gilbert Millington, Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn, Adrian Scroope, Richard Deane, John Okey, John Huson, William Goffe, Cornelius Holland, John Carew, John Jones, Miles Corbet, Francis Allen, Peregrine Pelham, Daniel Blagrave, Valentine Walten, Thomas Harrison, Edward Whaley, Tho. Pride, Isaac Ewer, Thomas Lord Grey of Groby, Sir John Danvers, Sir Thomas Maleverer Baronet, John More, John Alured, Henry Smith, Humphrey Edwards, Gregory Clement, Tho. Wogan, Sir Gregory Norton Baronet, Edmond Harvey, John Ven, Tho. Scot, Tho. Andrews Alderman of London, William Cawley, Anthony Stapeley, John Downs, Thomas Horton, Thomas Hammond, Nicholas Love, Vincent Potter, Augustine Garland, John Dixwell George Fleetwood, Simon Meyne, James Temple, Peter Temple, Tho Wayte.
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 President 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 Supreme 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 Man's wilfulness ought to serve him to prevent Justice That they had therefore thought fit to take the Substance of what had passed into their serious consideration, to wit, the Charge, and the Prisoner's 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 signify 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 tended 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 Supreme Jurisdiction, the Motion tended to set up another, or a co-ordinate Jurisdiction in derogation of the Power whereby the Court fat, and to the manifest delay of their 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 Prisoner's 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 there 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 deferemus 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 that they were ready to proceed to Sentence, if he had nothing more to say.
Whereunto he replied, 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 the Parliament's Justice, explaining the nature of the Crimes of which the Prisoner stood charged, and for which he was to be condemned; and by way of exhortation of the Prisoner to a serious repentance for his high Transgressions against God and the People, and to prepare for is eternal Condition.
The Sentence formerly agreed upon and put down in Parchment writing, O Yes being first made for silence, was by the Court's Command solemnly pronounced and given. The Tenor whereof followeth.
The Sentence against the King.
Where as the Commons of England assembled in Parliament, have by their late Act, intituled, An Act of the Commons of England assembled in Parliament, for erecting an High Court of Justice for the trying and judging of Charles Stuart King of England, Authorised and constituted us an High Court of Justice for the trying and judging of the said Charles Stuart for the Crimes and Treasons in the said Act mentioned: By virtue whereof the said Charles Stuart hath been three several times convented before this High Court, where the first day, being Saturday the 20th of January instant, in pursuance of the said Act, a Charge of high Treason and other high Crimes, was in the behalf of the People of England, exhibited against him, and read openly unto him, wherein be was charged, 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 Law of the hand, 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, and 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 Council; he the said Charles Stuart, for accomplishment of such his Designs, and for the Protecting of himself and hit Adherents in his and their wicked Practices, to the same end, hath traitorously and maliciously levyed War against the present Parliament, and People therein represented, as with the circumstances of time and place is in the said Charge more particularly set forth; and that he hath thereby caused and procured many thousands of the free People of this Nation to be slain; and by Divisions, parties, and Insurrections within this Land, by Invasions from foreign Parts, endeavoured and procured by him, and by many other evil ways and means, he the said Charles Stuart hath not only maintained and carried on the said War both by Sea and Land, but also hath renewed, or caused to be renewed, the said War against the Parliament and good People of this Nation to this present year 1648. in several Counties and Places in this Kingdom in the Charge specified; and that he hath for that purpose given his Commission in his Son the Prince, and others, whereby, be sides multitudes of other Persons, many such as were by the Parliament entrusted and imployed for the safety of this Nation being by him or 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 the War, and Hostility against the said Parliament and People: and that by the said cruel and unnatural War so levyed, continued and renewed, much innocent Blood of the free People of this Nation hath been spilt; many Families undone; the publick Treasure wasted; Trade obstructed, and miserably decaed; vast expence and damage to the Nation incurred, and many parts of the Land spoiled, some of them even to Desolation; and that he still continues his Commission to his said Son, and other Rebels and Revolters, both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him, from whom further Invasions of this Land are threatned by his procurement, and on his behalf: and that all the said wicked Designs, Wars, and evil Practices of him the said Charles Stuart, were still carried on for the advancement and upholding of the personal. Interest of Will, Power, and pretended Prerogative to himself and his Family, against the publick Interest, Common Right, Liberty, Justice and Peace of the People of this Nation: And that he thereby hath been and is the Occasioner, Author, and Continuer of the said unnatural, cruel and bloody Wars, and therein guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Damage, and Mischief to this Nation, acted and committed in the said Wars, or occasioned thereby; whereupon the Proceedings and Judgments of this Court were prayed against him, as a Tyrant, Traitor, and Murderer, and publick Enemy to the Commonwealth, as by the said Charge more fully appeareth. To which Charge, being read unto him as aforesaid, he the said Charles Stuart was required to give his Answer; but he refused so to do: And upon Monday the 22d day of January instant, being again brought before this Court, and there required to answer directly to the said Charge, he still refused so to do; whereupon his Default and Contumacy was entred: And the next day being the third time brought before the Court, Judgment was then prayed against him on the behalf of the People of England for his Contumacy, and for the matters contained against him in the said Charge, as taking the same for confest, in reguard of his refusing to answer thereto. Yet not withstanding this Court not willing to take advantage of his contempt) did once more require hint to answer to the said Charge; but he again refused so to do. Upon which his several Defaults, this Court might justly have proceeded to Judgment against him both for his Contumacy, and the matters of the Charge, taking the same for confest as aforesaid.
Yet nevertheless this Court, for its own clearer Information, and further satisfaction, have though sit to examine Witnesses upon Oath, and take notice of other Evidences, touching the matters contained in the said Charge, which accordingly they have done.
Now therefore upon serious and mature Deliberation of the Premises, and Consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in Judgment and Conscience satisfied that he the said Charles Stuart is guilty of levying War against the said Parliament and People, and maintaining and continuing the same; for which in the said Charge he stands accused, and by the general Course of his Government, Counsels and Practices, before and since this Parliament began (which have been and are notorious and publick, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their Judgments and Consciences, that he has been and is guilty of the wicked Designs and Endeavours in the said Charge set forth; and that the said War hath been levyed, 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 Murders, Rapines, Burnings, Spoils, Desolations, Damage and Mischief to this Nation acted and committed in the said War, and occasioned thereby. For all which Treasons and Crimes this Court doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer and a publick Enemy to the good People of this Nation, shall be put to death by severing of his Head from his Body.
The Sentence agreed on, and ordered by this Court the 26th 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,
Instructions given by the Court to the President.
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 Court's 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 Court's consideration, that the Lord President, upon advice of his said Assistants, do give order for the Court's 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 Discourses or Speeches to the King, as in the case of other Prisoners to be condemned was usual before the publishing of the Sentence, he 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 Ld. President should declare that the same was the Sentence, Judgment, and Resolution of the whole Court, and that the Commissioners should thereupon signify their consent by standing up.
The Court forthwith adjourned it felt to Westminster-Hall.
Saturday, January 27.
Proceedings of the Court at his Majesty's third appearance.
The High Court of Justice sat in Westminster-Hall. The Lord President was in Scarlet. After the calling of the Court the King came in his wonted Posture with his Hat on; a Cry was made in the Hall as he passed, for Justice and Execution. Upon the King's comming, he desired to be heard. The Lord President answered, he must hear the Court first. After which the Lord President set forth the Intentions of the Court to proceed against the Prisoner; and, withal offered that the King might speak, so it were not matter of Debate. The King desired, that in regard he had something to say for the Peace of the Kingdom, and the Liberty of the Subject, before Sentence were given, he might be heard before the Lords and Commons in the painted Chamber. Hereupon the Court withdrew into the Court of Wards, and the King to Sir Robert Cotton's House. After about half an hours debate, the Court returned from the Court of Wards with this Resolution, That what the King had tendred tended to delay; yet if he would speak any thing for himself in Court before Sentence he might be heard. The King declaring he had nothing more to say, the Lord President made a large Speech, setting forth the Kings misgovernment, and proving by Law how Kings were accountable to their People, and the Law which was their Superiour; and produced several Instances of Kings being deposed and imprisoned by their Subjects, especially in his own native Kingdom of Scotland where of 109 Kings, most were deposed, imprisoned, or proceeded against for misgovernment; and his own Grandmother removed, and his Father an Infant crowned.
After this the Clerk of the Crown was commanded to read the Sentence which recited the Charge and the several Crimes of which he had been found guilty. For all which Treasons and Crimes the Court did adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer, and publick Enemy shall be put to death, by the severing of 'his Head from his Body.
The King desired to be heard, but was rejected.
The King then desired to be heard, but it being after Sentence, it would not be admitted. As the King passed the Hall, there was another Cry for Justice and Execution. The King went with a Guard to Sir Robert Cotton's and thence to Whitehall. The time and place of Execution is not yet appointed.
The House agree to alter the Forms of Writs without Concurrence of the Lords.
The House had the Act again reported for altering the Forms of Writs, and other Proceedings in Courts of Justice which before were in the Name of the King, which Act upon the Question was assented unto, and no Concurrence of the Lords to be desired therein. The House considered, in case of Execution of the King, that if any in the Kingdom should attempt or go about to proclaim Prince Charles, or any of that Line King of England, as usually hath been done in this Nation after the Death of Kings; and the better to leave all without excuse herein,
Ordered that none of the K's Race be proclaimed on pain of High Treason.
They ordered that a Committee should be appointed to draw a Proclamation to be published throughout the Kingdom, to declare it High Treason in any Person or Persons to proclaim any King of England without the consent of the Parliament; and that none under pain of Imprisonment, or such other Punishments as shall be thought fit to be inflicted on them, shall preach or speak any thing contrary to the present Proceedings of the Supream Authority of this Nation, The Commons of England assembled in Parliament.
The House ordered the King might see his Children, receive the Sacrament, and Dr. Juxton to be with him.
A Member of the Army acquainted some Members of Parliament with the desires of his Majesty, that in respect Sentence of Death was passed upon him, and the time of his Execution might be nigh, the House would give him leave to see his Children: And also that he might have the benefit to receive the Sacrament, and prepare himself for Death; and in order thereunto that he might have Dr. Juxton late Bishop of London to have the Privilege to be private with him in his Chamber: The House ordered the same accordingly.
The House ordered that their Members should be required to meet on Monday Morning at the House by 8 of the Clock, there being much business that would be offered to the House on that day.
This night the King lodged in Whitehall. Sunday Dr. Juxton preached before the King in his private Lodgings. The High Court, and the Lord President with them, kept a Fast in the Chappel at Whitehall on Sunday.
A more full account of this days Action take as follows, viz.
The King being come 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 or interruption.
The President answered,
You may answer in your time; hear the Court first.
His Majesty replied,
If it please you Sir, I desire to be heard and I shall not give any occasion of interruption, and 'tis only in a word. A sudden Judgment—
Present. 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.
President. 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 Judgment be given?
President. Gentlemen, it is well known to all, or most of you here present That the Prisoner at the Bar hath been several times convented and brought before 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, that he began to take upon him to offer Reasoning and Debate unto the Authority of the Court, and to the Highest Court that appointed them to try and judg him: But being overruled in that, and required to make his Answer, he was still pleased to continue contumacious, and 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 Man's 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 the Prisoner; and upon the whole matter they are resolved, and are agreed upon a Sentence to be pronunced against the 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 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 knowledg of the World, if that my true Zeal to my Country 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 Lords and Commons. This Delay cannot be prejudical unto you, whatsoever I say. If that I say be not Reason, those that hear me must be judg; I cannot be judg of that that I have. If it be Reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on it it is very well worth the hearing: Therefore I do conjure you, as you love that that you pretend, (I hope it is real) the Liberty of the Subject the peace of the Kingdom, that you will grant me this hearing before any Sentence be past. I only desire this, that you will take this into your Consideration; it may be you have not heard of it beforehand If you will, I will retire, and you may think of it: But if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure Shews, and that you will hot hear your King.
President. Sir, you have now spoken.
King. Yes, Sir.
President. And this that have said, is a further declining of the Jurisdiction of this Court, which was the thing wherein you were limited before.
King. Pray excuse me, Sir, for my interruption because you mistake me. It is not a decling of it; you do judg me before you hear me speak. I say it will not, I do, not decline it: tho' I cannot acknowledg the Jurisdiction of the Court, yet, Sir, in this give me leave to say, I would do it, tho' I did not acknowledg it. In this I do protest, it is not the declining of it, since I say, if that I do say any thing but that that is for the Peace of the Kingdom and Liberty of the Subject, then the Shame is mine. Now I desire that you will take this into your consideration: if you will I will withdraw.
President. Sir, this is not altogether new that you have moved to us, not altogether new to us, tho' the first time in Person you have offered it to the Court. Sir, you say you do not decline the Jurisdiction of the Court.
King. Not in this that I have said.
President I understand you well, Sir; but nevertheless that which you have offered, seems to be contrary to that Saying of yours, for the Court are ready to give a Sentence. It is not, as you say, That they will not hear the King, for they have been ready to hear you; they have patiently waited your Pleasure for three Courts together to hear what you would say to the Peoples Charge against you: To which you have not vouchsafed to give any Answer at all. Sir, this tends to a further delay. Truly Sir, such delays as these, neither may the Kingdom nor Justice well bear. You have had three several days to have offered in this kind what you would have pleased. This Court is founded upon that Authority of the Commons of England, in whom rests the Supreme Jurisdiction. That which you now tender, is to have another Jurisdiction and a co-ordinate Jurisdiction. I know very well you express yourself, Sir, that notwithstanding that you would offer to the Lords and Commons in the Painted Chamber, yet nevertheless you would proceed on here; I did here you say so. But, Sir, that you would offer there, whatever it is, must needs be in delay of the Justice here; so that if this Court be resolved and prepared for the Sentence, this that you offer, they are not bound to grant. But, Sir, according to that you seem to desire, and because you shall know the further pleasure of the Court upon that which you have moved, the Court will withdraw for a time.
This he did to prevent disturbance.
King. Shall I withdraw;
President. Sir, you shall know the pleasure of the Court presently.
The Court withdraws for half an hour into the Court of Wards.
Serjeant at Arms. The Court gives command that the Prisoner be withdrawn; and they give order for his return again.
After which they returned; and being sat, the President commanded,
Serjeant at Arms, send for your Prisoner; who being come, the President proceeded.
Sir, You were pleased to make a motion here to the Court to offer a desire of yours, touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom. Sir, you did in effect receive an answer before the Court adjourned: Truly Sir, their withdrawing and adjournment was pro forma tantum; for it did not seem to them that there was any difficulty in the thing. They have considered of what you have moved, and have considered of their own Authority, which is founded, as it hath been often said, upon the supreme Authority of the Commons of England assembled in Parliament. The Court acts according to their Commission. Sir, the return I have to you from the Court is this, That they have been too much delayed by you already; and this that you now offer, hath occasioned some little further delay; and they are Judges appointed by the highest Authority; and Judges are no more to delay, than they are to deny Justice: They are good words in the Great Old Charter of England, Nulli negabimus, nulli vendemus, mill deferemus Justitiam. There must be no delay. But the truth is Sir, and so every Man here observes it, that you have much delayed them in your contempt and default, for which they might long since have proceeded to Judgment against you; and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment, and that is their unanimous consent.
King, Sir, I know it is in vain for me to dispute; I am no Sceptick for to deny the Power that you have, I know that you have Power enough. Sir, I must confess I think it would have been for the Kingdom's Peace, if you would have taken the pains to have shewn the lawfulness of your Power.
For this Delay that I have desired, I confess it is a Delay, but it is a Delay very Important for the Peace of the Kingdom: For it is not my Person that I look at alone, it is the Kingdom's Welfare and the Kingdom's Peace.
It is an old Sentence, That we should think on long before we resolve on great matters suddenly. Therefore Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confess I have been here now I think this week; this day 8 days was the day I came here first: But a little delay of a day or two further may give peace, whereas a hasty Judgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the Child that is unborn may repent it. And therefore again, out of the Duty I owe to God and to my Country, I do desire that I may be heard by the Lords and Commons in the Painted Chamber, or any other Chamber that you will appoint me.
President. You have been already answered to what you even now moved, being the same you moved before, since the Resolution and the Judgment of the Court in it; and the Court now requires to know whether you have any more to say for yourself than you have said, before they proceed to Sentence.
King. I say this Sir, That if you hear me, if you will give me but this delay, I doubt not but I shall give some satisfaction to you all here, and to my People after that; and therefore I do require you, as you will answer it at the dreadful day of Judgment, that you will consider it once again.
President. Sir, I have received Direction from the Court.
King. Well, Sir.
President. If this must be reinforced, or any thing of this nature, your Answer must be the same, and they will proceed to Sentence, if you have nothing more to say.
King. I have nothing more to say; but I shall desire that this may be entred what I have said.
President. The Court then, Sir, hath something to say unto you, which I know, altho' I know it will be very unacceptable, yet notwithstanding they are willing and resolved to discharge their Duty.
His Majesty answered, I would desire only one word before you give Sentence, and that is, That you would hear me concerning those great Imputations that you have laid to my Charge.
President. Sir, you must give me now leave to go on: for I am not far from your Sentence, and your time is now past.
King. But I shall desire you will hear me a few words to you; for truly, whatever Sentence you will put upon me, in respect of those heavy imputations that I see by your Speech you have put upon me. Sir, it is very true that—
President. Sir, I must put you in mind: Truly Sir, I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of: But, Sir, you have not owned us as a Court, and you look upon us as a sort of People met together and we know what Language we receive from your Party.
King. I know nothing of that.
President. You disavow us as a Court, and therefore for you to address yourself to us, and not to acknowledg us as a Court to judg of what you say, it is not to be permitted. And the truth is, all along from the first time you were pleased to disavow and disown us, the Court needed not to have heard you one word; for unless they be acknowledged a Court, and engaged, it is not proper for you to speak. Sir, we have given you too much Liberty already, and admitted of too much delay, and we may not admit of any further; were it proper for us to do it, we should hear you freely; and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether for totally excusing, or for in part excusing those great and hanious charges that in whole or in part are laid upon you. But, Sir, I shall trouble you no longer; your Sins are of so large a dimension, that is you do but seriously think of them, they will drive you to a sad consideration, and they may improve in you a sad and serious Repentance. And the Court doth heartily wish that you may be so penitent for what you have done amiss, that God may have mercy at least wise on your better part. Truly, Sir, for the other, it is our parts and duties to do that which the Law prescribes. We are not here Jus dare, but Jus dicere We cannot be unmindful of what the Scripture tells us; for to acquit the Guilty is of equal abomination as to condemn the Innocent. We may not acquit the guilty. What Sentence the Law affirms to a Traitor, a Murderer, and a publick Enemy to the Country, that Sentence you are now to hear read unto you, and that is the Sentence of the Court.
Make an O Yes, and command silence white the Sentence is read.
Which done, the Clerk read the Sentence drawn up in Parchment.
Where as the Commons of England in Parliament had appointed them an High Court of Justice, for the Trial of Charles Stuart King of England, before whom he had been three times convented, and at the first time a Charge of High Treason, and other Crimes and Misdemeaners was read in the behalf of the Kingdom of England.
[Here the Charge was repeated.]
which Charge being read unto him as aforesaid, he the said Charles Stuart was required to give his answer, but he refused so to do.
[Expressing the several passages of his refusing in the former Proceedings.]
For all which Treasons and Crimes, this Court doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a publick Enemy, shall he put to death by the severing of his Head from his Body.
Which being read the President added,
"The Sentence now read, and published, is the Act, Sentence, Judgment, and Resolution of the whole Court.
To which they all expressed their assent by standing up, as was before agreed and ordered.
His Majesty then said,
Will, you hear me a word, Sir?
President. Sir, you are not to be heard after the Sentence.
King. No, Sir?
President. No Sir, by your favour Sir. Guard withdraw your Prisoner.
King. I may speak after Sentence, by your favour Sir, I may speak after Sentence, ever. By your favour, hold: The Sentence, Sir—I say Sir, I do—I am not suffered to speak, expect what Justice other People will have.
His Majesty being taken away by the Guard, as he passed down the Stairs, the Soldiers scoffed at him, casting the smoke of their Tobacco (a thing very distastful unto him) and throwing their Pipes in his way.
As he passed along, hearing the Rabble of Soldiers crying out, Justice, Justice; he said, Poor Soldiers, for a piece of Mony they would do so for their Commanders.
In the Evening a Member of the Army acquainted the Committee with his Majesty's desire, That seeing they had passed a Sentence of death upon him, and his time being nigh, he might see his Children, and Dr. Juxton Bishop of London might be admitted to assist him in his private Devotions, and receiving the Sacrament. Both which were granted.
And the next day being Sunday, he was attended by the Guard to St. James's, where the Bishop preached before him upon these words, In the day when God shall judg the Secrets of all Men by Jesus Christ according to my Gospel.
January 29. 1648
Upon Report made from the Committee for considering the time and place of the executing of the Judgment against the King, the said Committee have resolved, That the open Street before Whitehall, over against the Banqueting-house, is a sit place, and that the said Committee conceive it sit that the King be there executed to morrow, the King having already notice thereof: The Court approved thereof, and ordered a Warrant to be drawn for that purpose, which said Warrant was accordingly drawn and agreed unto, and ordered to be ingrossed; which was done, and signed and sealed accordingly as followeth, viz.
At the High Court of Justice for the trying and judging of Charles Stuart King of England, Jan. 29 1648.
Warrant for executing the King.
Where as Charles Stuart King of England is, and standeth convicted, attainted and cendemned of High Treason, and other high Crimes; and Sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his Head from his Body; of which Sentence, Execution yet remaineth to be done: These are therefore to will and require you to see the said Sentence executed in the open Street before Whitehall, upon the morrow, being the 30th day of this instant Month of January, between the hours of 10 in the Morning, and 5 in the afternoon of the same day, with full effect. And for so doing, this shall be your sufficient Warrant. And these are to require all officers, Soldiers, and others, the good People of this Nation of England, to be assisting unto you in this Service.
Given under our Hands and Seals.
To Col. Francis Hacker, Col. Huncks, and Lieut. Col. Phray; and to every of them.
Sealed and subscribed by
John Bradshaw, Tho. Grey, Oliver Cromwell, Edward Whaley, Michael Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Tho Maleverer, John Blackiston, John Hutchinson, William Gosse, Tho. Pride, Peter Temple, Tho. Harrison, John Huson, Henry Smith, Peregrine Pelham, Simon Meyne, Tho. Horton, John Jones, John More, Hardress Waller, Gilbert Millington, George Fleetwood, John Alured, Robert Lilburn, William Say, Anthony Stapeley, Richard Deane, Rober Tichburne, Humphrey Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope, James Temple, Augustine Garland, Edmond Ludlow, Henry Martin, Vincent Potter, William Constable, Richard Ingoldsby, William Cawley, John Barstead, Isaac Ewers, John Dixwell, Valentine Walton, Gregory Norton, Tho. Chaloner, Tho Wogan, John Ven, Gregory Clement, John Downs, Tho. Wayte, Tho. Scot, John Carew, Miles Corbet.
Monday, January 29.
Such Members as voted the King Concessions a ground of Peace, to be wholly excluded.
This day the House sat early, (as was appointed) and one of the late secluded Members coming into the House, occasioned them to consider of that business: Upon which they voted, That such Members as voted December 5. last, That the King's Concessions were a ground of settling a Peace in this Nation, should not be readmitted, but disabled to fit any longer Members for the future.
Dutch Ambassadors read their Instructions in French.
The Dutch Ambassadors had their Audience in the House. They read their Instructions and Letters of Credence in French but had no Copies thereof in English (as usual) but said, Copies should be prepared against to morrow Morning. Their desire was to interceed for the King's Life, and to keep and preserve a fair Correspondency between this Nation and the States of Holland; but having no Transcripts ready, and being unwilling to leave the Original, the House at that time could not proceed in debate thereof.
This day an Act passed for alteration of several Names and Forms heretofore used in Courts, Writs, Grants, Patents, &c. and settling of Proceedings in Courts of Law, Justice, and Equity, within the Kingdoms of England and Ireland, Dominion of Wales, and Town of Berwick upon Tweed, as followeth:
Act for altering of Writs, &c.
Be it enacted by this present Parliament, and by Authority of the same, That in all Courts of Law, Justice, or Equity; and in all Writs, Grants, Patents, Commissions, Indictments, Informations, Suits, Returns of Writs; and in all Fines, Recoveries, Exemplifications, Recognizances, Processes and Proceedings of Law, Justice or Equity within the Kingdoms of England and Ireland, Dominion of Wales, and Town of Berwick upon Tweed: Instead of the Name Stile, Title, and Test of the King heretofore used, That from henceforth the Name Stile, Title, and Test of Custodes Libertatis Angliæ Authoritate Parlamenti, shall be used, and no other. And the Date shall be the year of our Lord, and none other: And that all Duties, Profits, Penalties, Issues, Fines, Amerciaments and Forfeitures whatsoever, which heretofore were sued for in the Name of the King shall from henceforth be prosecuted, sued for, and recorded in the said Name of Custodes Libertatis Angliæ Authoritate Parlamenti, and no other: And in all or any of the Proceedings aforesaid, where the words were (Juratores pro domino Rege) from henceforth it shall be (Juratores pro Republica) And where the words in any of the Proceedings aforesaid used to be (Contra Pacem, Dignitatem, vel Coronam nostram) that from henceforth these words (Contra Pacem publicam) instead of them or any of them shall be only used. And all Judges, Justices, officers and Ministers of Justice whatsoever are to take notice hereof, and are hereby authorised and required to proceed accordingly, and no otherwise: And whatsoever from henceforth shall be done contrary to this Act, shall be, and is hereby declared to be null and void. Provided always that all Writs issued out of the Chancery, and all Writs Patents of the Justices of the one Bench, and of the other, Barons of the Exchequer, Commissioners of Oyer and Terminer, Goal Delivery, and Justices of the Peace, and all other Commissioners, Patents and Grants, made and passed under the Great Seal of England, shall stand good and effectual in the Law, notwithstanding the death of the King, any thing in this Act, or in any Article therein contained, on any Law, Statute, or Custom, to the contrary thereof in any wise notwithstanding. And it is hereby further ordained and enacted by the Authority aforesaid, That all Writs Original already issued out under the Great Seal, and all Actions, Suits, Bills or Plaints now depending in any Courts of Record, and all Process, Pleas, Demurs, Continuances and Proceedings in every such Action or Actions, Suits, Bill and Plaints, shall be returnable, standing good and effectual, and be prosecuted and sued forth in such manner and form, and in the same State, Condition and Order: the said Changes and Alterations to be as before in this Act is expressed; the death of the King, or any Law, Custom or Usage, to the contrary thereof in anywise notwithstanding. And that any variance that shall be occasioned by reason thereof touching any the said Writs, Process or Proceedings in the Name, Stile, Test, or otherwise, shall not be any wise material, as concerning any default or error to be alledged or objected thereunto.
The King was Saturday and Sunday at Whitehall, Dr. Juxton sat up with him all Saturday-night; Sunday he din'd and supp'd in his Bedchamber, and seem'd very cheerful. This day means was made to deliver a Letter to him from the Prince, which the King no sooner received, but burn it.
This day the King was removed to St. James's, where his Children from Syon House came to visit him, but stayed not long: he took the Princess in his Arms and kissed her, gave her his Blessing, and 2 Seals that he had, wherein were two Diamonds; she wept bitterly. The Prince Elector Duke of Richmond, and others, made suit to see him, which he refused. This night he lay at St. James's.
Scots Ministers preach against the English Army, &c.
From Scotland they write, that the Ministers of the Kirk preach against the Army in England, and their Proceedings against their King. They say they are bound by their Covenant to preserve Monarchy, and that in the Race of the present King. Their Parliament have passed several Votes, That those that have been in the late Engagement against England, shall not bear any Office as long as they live, except such of them as were under age, and shall manifest their Repentance, such as fat in Committees, and took their Oaths, shall not bear Office for ten years; such as never evidenced their dislike of their way of petitioning, shall not bear Office for 5 years; such as are prophane Swearers, lascivious Persons, and such as do not worship God in their private Houses, are not to be admitted to any place of Trust. Earl Loutherdale expresseth a readiness to give obedience to all Decrees of Parliament, but that was not thought fit, and therefore he was ordered to appear by Writ, which was accordingly: a Committee is to consider of him. The Earl of Glencarne having by Petition to Parliament made his way, his Petition being mysterious as to that of owning them as a Parliament, it's to be considered.
From Dartmouth January 26. thus: We had the other day a fight of Prince Rupert, with about 14 revolting Ships failing by our Coast, and bending towards Ireland; they drive the whole Channel before them, and seize upon many several Vessels, but one of great value, laden with Cloth, worth 5000l. We apprehended a great neglect in not having any Navy abroad: one of this Fleet was driven in here the 26th, where she now remains. The Master reports that the Fleet is very poorly victualled, and worse manned, having got but 400 Mariners amongst them.
Tuesday, January 30.
This Day his Majesty was brought from St. James's about 10 in the Morning, walking on foot through the Park, with a Regiment of Foot for his Guard, with Colours flying, Drums beating, his private Guard of Partizans, with some of his Gentlemen before, and some behind, bear-headed, Dr. Juxton late Bishop of London next behind him, and Col. Thomlinson (who had the Charge of him; to the Gallery in Whitehall, and so into the Cabinet-Chamber, where he used to lie, where he continued at his Devotion, refusing to dine (having before taken the Sacrament) only about 12 at Noon he drank a Glass of Claret Wine, and eat a piece of Bread. From thence he was accompanied by Dr. Juxton, Col. Thomlinson,Col. Hacker, and the Guards before mentioned, through the Banqueting-House, adjoining to which the Scaffold was erected between Whitehall-Gate, and the Gate leading into the Gallery from St. James's. The Scaffold was hung round with black, and the Floor covered with black, and the Ax and Block laid in the middle of the Scaffold. There were divers Companies of Foot and Horse on every side the Scaffold, and the Multitudes of People that came to be Spectators were very great. The King making a pass upon the Scaffold, look'd very earnestly on the Block, and asked Col. Hacker if there were no higher; and then speak thus, directing his Speech to the Gentlemen on the Scaffold.
King's Speech on the scaffold.
King. I shall be very little heard of any Body here, I shall therefore speak a word unto you here. Indeed I could hold my peace very well, if I did not think that holding my Peace would make some Men think that I did submit to the Guilt, as well as to the Punishment. But I think it is my Duty to God first, and to my Country, for to clear my self both as an honest Man, a good King, and a good Christian. I shall begin first with my Innocency: In troth, I think it not very needful for me to insist long upon this, for all the World knows I never did begin the War with the two Houses of Parliament; and I call God to witness (to whom I must shortly make an account) that I never did intend to incroach upon their Privileges. They began upon me: It is the Militia they began upon; they confest that the Militia was mine, but they thought it sit to have it from me: And to be short, if any Body will look but to the Dates of the Commissions, their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy Troubles, not I. So that as to the guilt of these enormous Crimes that are laid against me, I hope in God, that God will clear me of it; I will not, I'm in Charity: God forbid that I should lay it upon the two Houses of Parliament; there is no necessity of either, I hope they are free of this guilt: for I believe that ill Instruments between them and me, has been the chief Cause of all this Bloodshed; so that by way of speaking, as I find my self clear of this, I hope (and 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 God's Judgments are just upon me; many times he does pay Justice by an unjust Sentence, that is ordinarily: I only say this, that an unjust Sentence (meaning Strafford) that I suffered to take effect, is punished now by an unjust Sentence upon me; that is, so far I have said to shew you that I am an innocent Man. Now for to shew you that I am a good Christian. I hope there is (pointing to Dr. Juxton) a good Man that will bear me witness. That I have forgiven all the world, and even those in particular that 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 St. Stephen, that this be not laid to their Charge; nay not only so, but that they may take the right way to the peace of the Kingdom, for Charity commands me not only to forgive particular Men, but my Charity commands me to endeavour to the last gasp the peace of the Kingdom. So, Sirs, I do wish with all my Soul, and I do hope there is some here will carry it further, that they may endeavour the peace of the Kingdom. Now, Sirs, I must shew you both how you are out of the way, and I will put you in the way: First you are out of the way; for certainly all the way you ever have had yet, as I could find 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 just Title; and then if you go beyond it, the first quarrel that you have to it, that makes it unjust at the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery. As a Pirate said to Alexander the Great, that he was the great Robber, he was but a petty Robber: And so, Sirs, I do think that the way that 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 God will never prosper you, until you give him his due, the King his due (that is, my Successors) and the People their due, I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scriptures) which is now out of order: for to set you in a way particularly, now I cannot; but only this. A National Synod freely called, freely debateing among themselves, must settle this, when that every opinion is freely and clearly heard. For the King indeed I will not (then turning to a Gentleman that touched the Ax, he said, Hurt not the Ax that may hurt me) As for the King, the Laws of the Land will clearly instruct you for that; therefore because it concerns my own particular, I only give you a touch of it. For the People: And truly I desire their Liberty and Freedom, as much as any Body whomsoever; but I must tell you, That their Liberty and Freedom consists in having of Government, those Laws by which their Life and their Goods may be most their own. It is not for having share in Government (Sirs) that is nothing pertaining to them. A Subject and a Soveraign are clean different things; and therefore until they do that, I mean, That you do put the People in that Liberty as I say, certainly they will never enjoy themselves. Sirs, it was for this now that I am come here. If I would have given way to an Arbitrary Way, for to have all Laws changed according to the Power of the Sword, I needed not to have come here; and therefore I tell you (and I pray God it be not laid to your Charge) that I am the Martyr of the People. In troth, Sirs, I shall not hold you much longer; For I will only say this to you, That in truth I could have desired some little time longer, because that I would have put this that I have said in a little more order, and a little better digested, than I have done; and therefore I hope you will excuse me. I have delivered my Conscience, I pray God that you take those Courses that are best for the good of the Kingdom, and your own Salvation.
Dr. Juxton. Will your Majesty, though it may be very well known your Majesty's Affections to Religion; yet it may be expected that you should say somewhat for the World's satisfaction in that particular.
King. I thank you very heartily my Lord, for that I had almost forgotten it. In troth Sirs, my Conscience in Religion, I think it very well known to the World; and therefore I declare before you all, That I die a Christian according to the Profession of the Church of England, as I found it left me by my Father; and this honest Man (meaning the Bishop) I think will witness it. Then turning to the Officers, said, Sirs, excuse me for this same, I have a good Cause, and I have a gracious God: I will say no more. Then turning to Col. Hacker, he said, Take care that they do not put me to pain; and Sir, this and it please you—But then a Gentleman coming near the Ax, the King said, Take heed of the Ax, pray take heed of the Ax. Then the King speaking to the Executioner, said, I shall say but very short Prayers, and then thrust out my hands. Then the King called to Dr. Juxton for his Nightcap; and having put it on, he said to the Executioner, Does my Hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the help of the Executioner and the Bishop. Then the King turning to Dr. Juxton, said, I have a good Cause, and a gracious God on my side.
Dr. Juxton. There is but one Stage more: This Stage is turbulent and troublesom. It is a short one. But you may consider, it will soon carry you a very great way; it will carry you from Earth to Heaven, and there you shall find to your great joy the Prize; you haste to a Crown of Glory.
King. I go from a corruptible to an incorruptible Crown, where no disturbance can be.
Dr. Juxton. You are exchanged from a temporal to an eternal Crown, a good Exchange.
Then the King took off his Cloak and his George giving, his George to Dr. Juxton, saying, Remember (it is thought for the Prince) and some other small Ceremonies past. After which the King stooping down, laid his Neck upon the Block; and after a little pause, stretching forth his hands, the Executioner at one blow severed his Head from his Body. Then his Body was put in a Coffin, covered with black Velvet, and removed to his Lodging-Chamber in Whitehall. Being imbalmed and laid in a Coffin of Lead to be seen for some days, at length upon Wednesday the 17th of February, it was delivered to four of his Servants, Herbert, Mildmay, Preston, and Joyner, who with some others in mourning Equipage attended the Herse that night to Windsor, and placed it in the Room which was formerly the King's Bedchamber.
Next day it was removed into the Deans-Hall, which was hung with black, and made dark, and Lights were set burning round the Herse. About three in the afternoon the Duke of Richmond, the Marquiss of Hartford, the Earls of Southampton and Lindsey, and the Bishop of London, came thither, with two Votes passed that Morning, whereby the ordering of the King's Burial was committed to the Duke, provided that the Expences thereof exceeded not 500l. This Order they shewed to Col. Whichcot the Governour of the Castle, desiring the Interment might be in St. George's Chappel, and according to the form of the Common Prayer: The latter Request the Governour denied, saying, That it was improbable the Parliament would permit the use of what they had so solemnly abolished, and therein destroy their own Act.
The Lords replied,
That there was a difference betwixt destroying their own Act, and dispensing with it; and that no Power so binds its own hands, as to disable it self in some Cases. But all prevailed not.
The Committee to whom the ensuing Proclamation was referred made report hereof, and the House assented to the same: Here take it at large.
Proclamation against proclaiming any of the late King's Race.
"Whereas Charles Steuart King of England, being for the notorious Treasons, Tyrannies and Murders committed by him in the late unnatural and cruel Wars, condemned to death; whereupon after execution of the same, several Pretences may be made, and Titles set on foot unto the Kingly Office, to the apparent hazard of the publick Peace: For prevention whereof, Be it enacted and ordained by this present Parliament, and by Authority of the same, That no Person or Persons whatsoever do presume to proclaim, declare, publish, or any way promote Charles Steuart, Son of the said Charles, commonly called the Prince of Wales, or any other Person, to to be King or Chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them, or either of them, by colour of Inheritance, Succession, Election, or any other Claim whatsoever, without the free Consent of the Parliament first had and signified by a particular Act or Ordinance for that purpose; any Statute, Law, Usage, or Custom to the contrary hereof in any wise notwithstanding.
"And be it further enacted and ordained, and it is hereby enacted and ordained, That whosoever shall contrary to this Act proclaim, declare, publish or any way promote the said Charles Stuart the Son, or any other Person, to be King, or chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament signified as aforesaid, shall be deemed and adjudged a Traitor to the Common-wealth, and shall suffer the pains of Death, and such other Punishments as belong to the Crimes of High-Treason. And all Officers as well Civil as Military, and all other well-affected Persons are hereby authorised and required forthwith to apprehend all such Offenders, and to bring them in sate Custody to the next Justice of the Peace, that they may be proceeded against accordingly.