which on the contrary command obedience to Princes Nor by mans Laws nor by the Laws of our Land sith the Laws of England injoyn all accusations to be read in the Kings name nor do they indulge any power of judging even the most abject subject to the lower or Commons House Neither lastly does their power flow from any Authority which might be pretended extraordinary delegated from the people seeing ye have not asked so much as every tenth man in this matter The President ever and anon as before interrupting his Speech now very unhandsomly if not insolently rebukes the King bids him be mindful of his doom affirming That the Court was abundantly satisfied of their Authority nor was the Court to hear any Reasons that should detract from their power But what saies the King or where in all the world is that Court in which no place is left for reason Yes answered the President you shall finde Sir that this very Court is such a one But the King presses That they would at least permit him to exhibite his Reasons in writing which if they could satisfactorily Answer he would yield himself to their jurisdiction Here the President not content to deny grew into anger commanding the Prisoner to be taken away The King replyed no more to these things then Remember saies he That 't is your King from whom you turn away the ear In vain certainly will my Subjects expect justice from you who stop your ears to your King ready to plead his cause The 3. daies Tryal Tuesday was in effect the same the same Demands of the Court and the like Answer of the King and so adjourn to the next morning Wednesday ten a clock but they were so busied in the Painted Chamber before in the examining of witnesses as they said that an Officer came out to the people and told them so and that they should finde the Court there upon Summons for as yet they were not resolved when to sit For it was Saturday after 27. Ian. before they Assembled and 68. of the Tryers answered to their names The President in Scarlet Robe and as the King came the Souldiers were directed to cry out for Execution of Justice Execution belike to forwarn the King of what he should now expect The King speaks first and desires to be heard a word or two but short and yet wherein he hopes not to give just occasion to be interrupted and goes on A suddain Iudgment saies the King is not so soon recalled But he is sharply reproved of contumacy The President profusely praises the pâ—â—ience of the Court and commands him now at length to submit otherwise he shall hear the Sentence of death resolved upon by the Court against him The King still refuses to plead his cause before them But that he had some things conducing to the good of the people and peace of the Kingdom which he desires liberty to deliver before the Members of both Houses But the President would not vouchsafe him so much as this favour lest it should tend he said to the delay or retardation of Iustice Whereupon the King replies It were better sustain a little delay of a day or two then to precipitate a sentence which would bring perpetual Tragedies upon the Kingdom and miseries to children unborn If saies he I sought occasions of delay I would have made a more elaborate contestation of the cause which might have served to protract the time and evade at least the while a most ugly Sentence but I will shew my self such a Defender of the Laws and of the Right of my Countrey as to choose rather to dye for them the Martyr of my people then by prostituting them to an Arbitrary power go about to acquire any manner of Liberty for my self but I therefore request this short liberty of speaking before a cruel sentence be given for that I well know 't is harder to be recalled then prevented and therefore I desire that I may withdraw and you consider They all withdraw The King to Cottons House the Tryers into the Court of Wards and in half an hour return And the President with the same harshness as he began proceeds into a premeditated Speech to hasten Sentence which the King offers reason to forbear whilst he may be heard before his Parliament and this he requires as they will answer it at the dreadful day of judgement and to consider it once again But not prevailing the President goes on wherein he aggravates the contumacy of the King and the hatefulness of the crimes he asserts Parliamentary Authority producing examples both Domestick and Foreign especially out of Scotland wherein the people had punished their Kings He affirms that the power of the people of England over their King was not less That the guilt of this King was greater than of all others as being one who according to Caligulas wish had attempted to 〈◊〉 off the neck of the Kingdom by a War waged against the Parliament for all which the Charge calls him Tyrant Traytor Murtherer and a publick Enemy to the Common-wealth and it had been well Sir saies he if that any of all these terms might have been spared if any of them at all This wrung a start from the King who astonished could not Answer but with an Interrogatory how Sir And the other goes on to argue that Rex est dum bene Regit Tyrannus qui populum opprimit and by this definition he lodges on the Kings Arbitrary Government which he saies he sought to put upon the people His Treasons he stiles a breach of trust to the Kingdom as his superiour and is therefore called to an account Minimus majorem in judicium vocat His Murthers are many all those that have been committed in all the War between him and his people are laid to his charge all the innocent bloud which cannot be cleansed but by the blood of him that shed the blood so then for Tyranny Treason Murthers and many more crimes And so as a Iudge indeed uses to Iayl birds he wishes the King to have God before his eyes And that the Court calls God to witness that meerly their conscience of duty brings them to that place and this imployment which they are resolved to effect and calls for Gods assistance in his Execution The King offered to speak to these great Imputations in the charge but he was told his time was past the Sentence was coming on which the President commanded to be read under this form Whereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryal of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other crimes and misdemeanours was read in the behalf of the Kingdom of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was
vote a war Oâ—hers dissent The State of the Scots Army come to Carlisle Summons Lambert by Letter Lamberts Answer Scots come to Penreath and engage Tinmouth Castle revolts and is retaken Lord General Cromwel comâ— against the Scots Scots Army defeated and how Capiâ—â—lâ—te and yield upon Articles Cromwel improves his success Hamilton taken and others Several Armies in Scotland Lieu. General Cromwel's Declaration in Scotland Scots Nobility contract with Cromwel And conclude in amity upon conditions Scots Armies disbanded Cromwel is caressed in Scotland The Prince of Wales his flight The States of Scotland invite the Prince thither Parliaments Vice-Admiral Batten goes to the Prince Colchester siege resolutely defended They capitulate by Letters Answer Lucas and Lisle shot to death The list of their prisoners Distempers in the Kingdom Petitions from all parts for a Treaty of Peace Voted to send to the King for a Treaty The Princes Letter to the Lords The Kings Message in Answer to the Votes and a Treaty Other Votes of the Parliament sent to the King His answer Commissioners to treat for the Parliament The King and his fast and pray Four Bills or demands Parliaments Propositions The Commissioners tyed up to conditions The Kings concâ—ssions in most things Propositions answered Concerning Ormond Earl of Norwich and Lord Capel impeâ—â—â—ed Arrears of the Army demanded Parliament Voâ—e payment New Judges and Serjeants at Law Petitions against the King and Treaty A large Remonstrance of the Army Hamond delivers the King to Col. Ewers Armies Declaration They come to White-hall Four Queries of the King concerning his Tryal The Kings Declaration concerning the Treaty The King is seized by the Army Divers Members seizâ—d by the Souldiers Agreement of the people Exceptions Vote against Vote Eikon Bas. cap. 28. The King brought to Windsor The Charge against the King The Queen writes to the King and General Votes of the Commons The Lords dissent Votes of the power of the Commmons house Proclamtaion for any to accuse the King New great Seal The Scots dissent The King brought to St. Iames's Form of the High Court of Justice The Lords and others against the Vote for Tryal The Scotish Declaration against the Kings Tryal Scots private instructions concerning the King The Actors proceeding The place of the Court of High Justice The Kings first Tryal The King accused Demurs to Authority of the Court and proves his Title successive not Elective Second Tâ—yal A Pre-Order in case the King will not answer The King interrogates their power and offers his reasons in writing The President prevent him with insolent rebukes Third dayes Tryal Saturday Tryal and Sentence The King râ—fuseth to Answer but before the two Houses of Parliament Presidents Speech The King not suffered to reply His Sentence Which the Tryers approvâ— The Kings Reasons against the jurisdiction of the Court a Hereabout I was stopt not suffered to speak any more concerning reasonâ— The King is abused by the Souldiery Hindered in his devorion and prayers The Committee order his Execution Ambassadors sue in the Kings behalf He is conveyed from St. Iames's to the Scaffold Passes to the Scaffold The King upon the Scaffold defends his innocency Howbeit he acknowledgeth Gods justice Pardons his enemies Takes pitty on the Kingdom Errours of the Faction How they may return to peace He praies Professes to dye a Christian according to the reformation of England He prepares to his death He is killed Reliques of the Kings death His body imbowelled His admired Book and Papers His Character only to be glanced at The Kings children The Kings Letter to the Prince of Wales
here and my eternal happiness hereafter through Jesus Christ our Lord in whose Name and words I conclude Our Father which art in Heaven c. The Petition of the Earl of Strafford unto the Lords before he died To the Right Honourable the Lords Spiritual and Temporal in this present Parliament assembled The humble Petition of Thomas late Earl of Strafford sheweth That seeing it is the good will and pleasure of God that your Petitioner is now shortly to pay that dutie which we all ow to our frail nature he shall in all Christian patience and charitie conform and submit himself to your justice in a comfortable assurance of the great hope laid up for us in the mercie and merits of our Saviour blessed for ever Onely he humbly craves to return your Lordships most humble thanks for your noble compassion towards those innocent children whom now with his last blessing he must commit to the protection of Almightie God beseeching your Lordships to finish your pious intentions towards them and desiring that the reward thereof may be fulfill'd in you by him that is able to give above all we are able either to ask or think Wherein I trust the Honourable House of Commons will afford their Christian assistance And so beseeching your Lordships charitably to forgive all his omissions and infirmities he doth very heartily and truly recommend your Lordships to the mercies of our heavenly Father and that for his goodness he may perfect you in every good work Amen Tho Wentworth Some design there was no doubt of delivering the Earl of Strafford by escape as appears by examination of Sir Will. Balfore Lieutenant of the Tower who says he was commanded to receive Captain Billingsley into the Tower with an hundred men for securing of the place and to be under his command but coming thither Balfore opposeth his entrance and therefore the Earl expostulates with him by way of advice of the danger to deny the Kings commands to whom the Lieutenant said that there was a certain discovery of his intended escape by examination of three Women Goodwives of Tower-street that peeping in at his Gallery-doorkey-hole where he was walking with Billingsley they heard him advise therein by ascertaining his Brothers ship to be in readiness which was fallen down on purpose below in the River that they three might be there in twelve hours that if the Fort were but secured for three or four months there would come aid enough and that there was nothing to be thought upon but an escape and much more broken speech to that purpose To which the Earl answered that he had discourse with Billingsley thereabout but meant it as by the Kings authority to be removed to some other Castle and confessed the most of the Womens relation Besides the Lieutenant's examination that the Earl of Strafford sent for him four days before his suffering perswading him to assent to his escape for twenty thousand pounds to be paid and a Mariage of his Daughtâ—r to Balfore's Son And because the memory of this brave man may live for ever read his Character from the King his Master whose distinction concluded his death to be more safe then just I looked says the King upon my Lord of Strafford as a Gentleman whose great abilities might make a Prince rather afraid than ashamed to imploy him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errours and many enemies whereof he could not but contract good store while moving in so high a sphere and with so vigorous a lustre he must needs as the Sun raise many envious exhalations which condensed by a popular odium were capable to cast a cloud upon the brightest merit and integrity Though I cannot in my judgement approve all he did driven it may be by the necessities of times and the temper of that people more than led by his own disposition to any height and rigour of actions Yet I could never be convinced of any such criminousness in him as willingly to expose his life to the stroke of justice and malice of his enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between mine own unsatisfiedness in conscience and a necessity as some told me of satisfying the importunities of some people I was perswaded by those that I think wished me well to chuse rather what was safe then what seemed just preferring the outward peace of my Kingdoms with men before that inward exactness of conscience with God And indeed I am so far from excusing or denying that compliance on my part for plenary consent it was not to his destruction whom in my judgement I thought not by any clear Law guilty of death That I never bare any touch of conscience with greater regret which as a sign of my repentance I have often with sorrow confessed both to God and men as an act of so sinfull frailtie that it discovered more a fear of man than of God whose name and place on earth no man is worthie to bear who will avoid inconveniences of State by acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own conscience thereby to salve State-sores to calm the storms of popular discontents by stirring up a tempest in a man 's own bosom Nor hath Gods justice failed in the event and sad consequences to shew the world the fallacie of that Maxim Better one man perish though unjustly than the people be displeased or destroyed In all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's innocencie at least by denying to sign that destructive Bill according to that justice which my conscience suggested to me than I have done since I gratified some mens unthankfull importunities with so cruel a favour And I have observed that those who counselled me to sign that Bill have been so far from receiving the rewards of such ingratiatings with the people that no men have been harassed and crushed more than they He onely hath been least vexed by them who counselled me not to consent against the Vote of mine own conscience I hope God hath forgiven me and them the sinfull rashness of that business To which being in my soul so fully conscious those judgments God hath pleased to send upon me are so much the more welcom as a means I hope which his mercie hath sanctified so to me as to make me repent of that unjust act for so it was to me and for the future to teach me that the best Rule of Policie is to prefer the doing of justice before all enjoiments and the peace of my conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolution against all those violent importunities which since
of answering these they ran quite away leaving the Field with five hundred Muskets fourteen Barrels of Pouder a whole Stand of Pikes with some Arms but their Cannon they got off This Fight lasted form two a clock afternoon till one the next morning These aforesaid we finde slain with eight Officers and some Gentlemen of note Mr. Leak Son to the Lord Daincourt found dead at day-light with his Enemies Colours about his arm Mr. Barker Lieutenant Colonel Wall Serjeant Major Lower Captain Iames Captain Chalwell and Mr. Bostard But then it is said that Waller's Foot were absolutely dispersed or cut off with great loss of Officers Horse and Foot modestly reported onely it is assured the Cavaliers kept the Field Arms and Pillage and such other signs of Victory And this was done the fifth of Iuly Whilest Waller fights their General Essex solicites the Parliament with Letters inclining to petition for a Peace which though it took well with some Lords yet being read to the Commons Mr. Vassal a London Burgess desired that their General should be pressed to speak more plainly and that if after the expence of two Millions of Treasure he had a minde to lay down Arms he should let them know it that as good a Souldier as he should take them up meaning Sir Will. Waller who was generally cried up by the City untill they heard of his Defeat near the Devises Round-way-down whither the King having sent some Troops of Horse towards the West which came within three Miles of the Devises were met with by Waller's Forces being on the Down between the Cavaliers and the Town to hinder their joyning with the rest of the Army Some Regiments of Horse on each side began the fight with equal success till Waller's Horse made â— Retreat to their Strength which lay on a Hill where he was and drew out his Foot and commanded the Onset but his Horse not enduring the hazzard left the Foot to their Enemies Sword or mercifull Quarter hundreds of them slain and more Prisoners taken four fair Brass Guns Ammunition and Baggage eight and twenty Colours and nine Corners I wonder at this Defeat for Sir William Waller had advantage of number in Men and Arms five Regiments of Foot six of Horse five hundred Dragoons eight Brass Guns It is confest that the Cavaliers were but fifteen hundred Horse additional to the other Forces with two small Pieces of Cannon And to adorn the Victory the Queen made her triumphant Entry into Oxford that day her Return from beyond Seas And on the other side to encourage Sir William Waller at this time when their Generalissimo was suspected the Parliament voted to make and confirm Leases of the Office of Botelier of England a Place of good profit and credit both The twelfth of August the Earl of Lindsey Great Chamberlain of England was welcomed to Oxford from his Restraint and Imprisonment since Edg-hill Fight being now received by the Queen Council and Court with all Expressions of Honour to him and more could not be done for the present in respect of the Kings absence at Gloâ—ester Siege The five and 20. of August the Earls of Bedford and Holland went from London towards Oxford and being gotten to Wallingford intrusted themselves with the Kings Forces untill their coming to submit to his Majesty in the mean time they are received by the Governour Colonel Blagge with honourable respect and so at last they were brought to the King professing their Duty and Allegeance and acknowledging their Errours this long time whom the King received with favour and forgiveness They held not out in this their Protestation but fled back again to the Parliament The Committees of Nottingham and Lincoln held intelligence with some Prisoners of theirs in the Marshals â—ustody at Newark whom they designed to blow up or to surprize the Magazine there whilest they had some favour and freedom of the Goaler their Letter conveyed to the Imprisoned discovers as much as will be necessary to know the men more than the matter Gentlemen and Prisoners for the Lord Jesus our long laboured Design is now ripe Your care is expected according to your faith and promise We doubt not but the opportunity of the Liberty afforded you may advance the good Cause The Magazine is near enough to you Give notice to our Brâ—thren under the Provost Marshall Blessed is that Servant whom his Lord when he cometh shall finde so doing Matth. 24. 46. The appointed time holdeth which we hope to our hands Lift up your heads for your Redemption draweth nigh Luke 21. 28. Whereâ—ore comfort one another with these words 2. Thess. 4. 18. The rest will we set in order when we come 1 Cor. 11. 24. Greet all the Brethren 1 Thess. 5. 26. The Lord establish the Work of our hands upon us Work of our hands establish he it Psal. 90. is the Prayer of Yours in the Lord The Committee of Nottingham and Lincoln Scripture is often made use of by the Sectaries to factious and seditious ends and here to the hazzard of Murder the easiest terms I can afford them The Lecturers were the most busie meddling men even so as ever have been the Kiâ—kmen of Scotland and therefore Mr. Saltmarsh a seditious Minister contrived certain Propositions of Counsel which were read in the House amongst many were these 1. That all means should be used to keep the King and his People from sudden union 2. To cherish the War under the Notion of Popery as the surest means to engage the People 3. If the King would not grant their Demands then to root him out and the royal Line and collate the Crown upon some body else This last was too harsh to be swallowed by reasonable good men who excepted against it but Mr. Henry Martin said He saw no reason to condemn Mr. Saltmarsh adding That it were better one Family should be destroyed than many To which Mr. Nevil Pool replied That Mr. Martin might explain what One Family he meant Martin bold and beastly answers The King and his Children For which Speech before the time was ripe to discover that Secret he was voted a Prisoner to the Tower Mr. Pym himself urging upon him his extreme lewdness of life but this punishment was but to cool the heat of the House for that time for Martin was soon released upon the change of the Lieutenant of the Tower forthwith following The Recruits of the Army fell heavy upon the City of London who were caressed with all kindness to finish the Work and to set out Sir William Waller again and to win upon them Sir Edward Coniers was commanded to surrender his Lieutenancy of the Tower unto Pennington the Mayor of London and so Mistris Mayoress was quit with Mistris Ven that she should be Governess of Windsor Prison as she called it and thereby command over Souldiers which was a power she now might equal with hers