Robes of Christs Righteousnesse here which will bring me to the enjoyment of his glorious Robes anon Then he kneeled down and kissed the block and said thus I commit my soul to God my Creatour and Redeemer Look on me O Lord at my last gasping Here my prayer and the prayers of all good people I thank thee O God for all thy dispensation towards me Then kneeling down he prayed most devoutly as followeth O Eternal Almighty and most mercifull God the Righteous Judge of all the world look down in mercy on me a miserable sinner O blessed Jesus Redeemer of Mankind which takest away the sinnes of the world let thy perfect manner of obedience be presented to thy Heavenly Father for me Let thy precious death and bloud be the Ransome and satisfaction of my many and hainous transgressions Thou that sittest at the right hand of God make intercession for me O holy and blessed Spirit which art the comforter fill my heart with thy consolation O holy blessed and glorious Trinity be mercifull to me confirm my faith in the promises of the Gospel revive and quicken my hope and expectation of joyes prepared for true and faithfull servants Let the infinite Love of God my Saviour make my love to him stedfast sincere and constant O Lord consider my condition accept my tears asswage my grief give me comfort and confidence in thee impute not unto me my former sinnes but most mercifull Father receive me into thy favour for the merits of Christ Jesus Many and grievous are my sinnes for I have sinned many times against the light of knowledge against remorse of conscience against the motions and opportunities of grace But accept I beseech thee the sacrifice of a broken and contrite heart in and for the perfect sacrifice oblation and satisfaction of thy Son Jesus Christ O Lord receive my soul after it is delivered from the burthen of the flesh into perfect joy in the sight and fruition of thee And at the generall resurrection grant that my body may be endowed with immortality and received with my soul into glory I praise thee O God I acknowledge thee to be the Lord. O Lamb of God that takest away the sins of the world have mercy on me Thou that sittest at the right hand of God hear my prayer O Lord Jesus Christ God and Man Mediatour betwixt God and Man I have sinned as a Man be thou mercifull to me as a God O holy and blessed Spirit help my infirmities with those sighs and groans which I cannot expresse Then he desired to see the Axe and kissed it saying I am like to have a sharp passage of it but my Saviour hath sweetned it unto me Then he said if I would have been so unworthy as others have been I suppose I might by a lie have saved my life which I scorn to purchase at such a rate I defie such temptations and them that gave them me Glory be to God on high On Earth peace Good will towards Men. And the Lord have mercy upon my poor soul Amen So laying his Neck upon the block after some private Ejaculations he gave the Heads-man a sign with his hand who at one blow severed his head from his body The Speech of that piously resolved Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded the 16 day of May. 1655. in the Castle at Exon Good people I Never was guilty of much Rhetorick nor ever loved long Speeches in all my life and therefore you cannot expect either of them from me now at my death All that I shall desire of you besides your hearty prayers for my soul is That you will bear me witness I die a true sonne of the Church of England as it was established by King Edward the sixth Queen Elizabeth King James and King Charles the first of ever blessed memory That I die a Loyall Subject to King Charles the second my undoubted Soveraigne and a lover of the good old Laws of the Land the just Priviledges of Parliaments and Rights and Liberties of the People for the re-establishing of all which I doe under take this engagement and for which I am ready to lay down my life God forgive the bloudy minded Jury and those that procured them God forgive Captain Crook for denying his Articles so unworthily God forgive Mr. Dove and all other persons swearing so maliciously and falsely against me God forgive all my enemies I heartily forgive them God blesse the King and all that love him turn the hearts of all that hate him God blesse you all and be mercifull to you and to my soul Amen And so meekly laying his neck to the block and giving a signe his head at one blow and a draw of the axe was severed from his bodie FINIS * Meaning the Earle of Strafford * Pointing at Doctor Juxon * Turning to some Gentlemen who took his Speech in short writing * Pointing at Dr. Juxon * Pointiâ—â— at Dr. Juâ—â—on * Witnesse one Benner and Stroud who in open Court confessed to be guilty of all they proved against me yet Mr Attorney gave the Jury directions to find them not guilty Hobart folio 120. Dact. Bonames case 8 part of Cooks reports * Nota bene Mr Sebastine Isack although he seemed very sollicitous for Colonel Penruddock in his life since his death hath been very unworthy to his memory contrary to his promise to the said Colonel in his life and hath done contrary to the will of the dead the trust reposed in him the principle of honour and much unbecoming a Gent. * Note when this letter was writ Colonel Penruddock did not know other then that he was to die the same day
The Oglio of Traytors Including the Illegal Tryall of his late MAIESTY With a Catalogue of their names that sat as Judges and consented to the Judgment With his MAJESTIES Reasons against their usurped power and his late speech To which is now added the severall depositions of the pretended Witnesses as it is Printed in the French Coppy With the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed As also the speech of that resolved Gentleman Mr. Hugh Grove of Chissenbury Esquire who was beheaded the same day not before Printed London Printed by T. M. for William Shears at the Bible in Bedford street The First Dayes Proceeding of the High Court of Justice c. THe Triall and the Execution of the last King of England being still as much the wonder as the discourse of Christendome I shall endeavour to represent it to you with the exactest faithfullnesse that can possibly be desired and although others have gone before me on the same subject by the benifit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunall of Justice sitting at Whitehall in Westminster Serjeant Bradshaw being President and about seventy other persons elected to be his Judges being present the Cryer of the Court having proclaimed his O yes to invite the people to attention silence was commanded and the Ordinance of the Commans in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof â—â—â—sing as they were called The King came into the Court his head covered Serjeant Dendy being remarkable by the Authority of his Mace did usher him in Colonel Hatcher and about thirty Officers and Gentlemen did attend him as his Guard The Court being sat the Lord President Bradshaw speak thus unto him Charles Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happned to this Nation and of the innocent bloud spilt of which you are accused to be the Author have both according to their office which they ow to God this Nation and themselves according to the power fundamental faith intrusted with them by the people Constituted this Supream Court of Justice before which you are now brought to hear your Charge on which this Court will proceed Mr. Crook the Solliciter Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charles Stuart here present as guilty of Treason and other great defaults and in the name of the Commons of England I require that his charge may be read unto him The King Stay alittle L. President Sir the Court hath given order that the Charge shall be read If you have any thing afterwards to plead for your self you may be heard Hereupon the Charge was read THat the said Charles Stuart being admitted King of England and therein trusted with a limmitted 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 Kights and Libirâ—ies yet neverthelesse out of a wicked Designe to erect and uphold in himselfe and 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 all the redress and remedy of misgovernment which by the fundamental constitutions of this Kingdome were reserved on the peoples behalfe in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charles Stuart for accomplishment of such his designes and for the protecting of himself and his adherents in his and their wicked practises to the same ends hath traterously and maliciously leavied 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 one thousand six hundred forty and two at Beverly in the County of York and upon or about the 30. day of July in the year aforesaid in the County of the City of York and upon or about the 24. day of August in the same year at the County of the town of Nottingham when and were he set up his Standard of war And also on or about the twenty third â—ay of October in the same year at Edghill and Kenton field in the County of Warwick and upon or aboue the thirtieth day of November in thet same year at Brainchford in the County of Midalesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred forty and three at Cavesham bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloster and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Boamin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbery aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester And also upon the fourteenth day of the same month in the same year at Naseby field in the County of Norhampton At which severall times and places or most of them and at many other places in the Land at severall other times within the year afore mentioned And in the year of our Lord One thousand six hundred forty and six he the said Charles Stuart hath caused 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 Forragine parts endeavoured and procured by him and by many other evill wayes and meanes He the said Charles Stuart hath not onely maintained carried on the said War both by land and sea during the year 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 One thousand six hundred fourty and eight in the Counties of Kent Essex Surry 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
most humbly bowed his generious Neck to Go to be cut off by the Vizarded Executioner which was sudainly done at one blow Thus fell King Charles the I. and thus all Britan with him His Majesties Reasons against the pretended Jurisdiction of the High Court of Justice which he hath in tended to have given there on Munday Jan. 26. 1649. Faithfully transcribed from the original coppy of the King SInce I have already made my Protestation not onely against the illegality of this pretended Court but that no power on earth can justly call me who am your King into question as a Delinquent I would no longer have opened my mouth on this Argument but have referred my self to those things which I then spoke if this onely concerned my own particular But the duty which I ow to God to preserve the true liberty of my people doth not permit me at this time I should be silent for how can any free born Subject of England call his life or any thing he doth possess his own if power without law can daily make new and abrogate the old and Fundamentall Laws of this Land which I judge to be the present case Wherefore when I was brought hither I expected that you would have studied to satisfie me in those Fundamentals which do hinder me from puting in my Answer to the pretended charge but since I do observe that nothing which I can alledge can perswade you to it although negatives are not so naturally proved as affirmatives yet I have thought good to declear unto you the Reasons for which I am confident you are not in a capacity to judge me nor the vilest man in England for without showing my Reasons I will not as you be so unreasonable importunate as to exact either belief or obedience from my Subjects Here was I restrained and not suffered to speak any more of Reasons there is no just Processe against any man which deriveth not its authority either from the Law of God or from the municipall Laws of the Land Now I am most sure that the Processe at this day made against me cannot be confirmed by the law of God for on the contrary the necessity of obedience is cleerely confirmed and streightly commanded in the old and new Testament which if it be denyed I am prepared presently to prove it and as for the question now in agitation it is said there Where the word of a King is there is power and who can say unto him what doest thou Eccles 8. v. 4. Then as to the Laws of the land I am as confident that no learned Lawyer will affirm that any charge can be brought against the King since they all go forth under his name and it is one of their axioms that the King cannot do any injury Moreover the law on which you do ground your processe is either old or new if it be old shew that law unto me if it be new tell me what Authority established by the Fundamentall laws of this land did give it birth and when but how the House of Commons can erect a Tribunall of Justice which was never one it self as all Lawyers will confesse with me I leave it to God and to the world to judge and it will seeme most strange to any who ever have heard of the laws of England how they can pretend to make laws without either the King or the House of Peers Neverthelesse it be admited but not granted that a Commission from the people of England is able to confirm your pretended power yet I see nothing that you can show for it for I am confident that you never asked that question of the 10th man in the Kingdome in this method you do a most apparent injury even to the poorest ploughman if you ask not his consent neither can you pretend any coluor to this your pretended Commission if you have not the concurring voyces of at least the greatest part of this Nation of every degree and quality which you are so far from obtaining that I am confident you never so much as sought it You see then that I do not onely speake for my own Right as I am your King but also for the true liberty of all my subjects which confisteth not in dividing the power of Government but in living under such laws and such a Government as may grant them the best security of their lives and the propriety of their goods In this I ought not to be forgetfull neither do I forget the priviledges of both Houses of Parliament which these proceedings do not onely violate but give an occasion of the greatest breaking of the publick faith and such I believe as the like was never heard of before with which I will not at all charge both Houses for the pretended crime which they impose upon me are far before the Treaty at Newport in which when I assented to and did conclude as much as possibly lay in my power and did justly expect the assent of both Houses I was suddenly taken from thence and carried a way as a prisoner and against my will I was hurried hither and since I came to this Court I cannot with all my Indeavours defend the ancient laws and liberties of this Kingdome together with my just priviledges and as much as I can possiblely discern the upper House which is the House of Lords is totally excluded And as for the House of Commons it is to much known that the greater part of them are either imprisoned or affrighted from fitting so that if I had no other Cause this was sufficient enough to make me Protest against the authority of your pretended Tribunall Besides all these things the peace of the Kingdome is not the least part of my cares and what hope can there be of establishing it as long as power reigneth without the Rule of the law changing the whole frame of the Government under which this Kingdome hath flourished these many ages neither will I speak what is likely to follow if these unlawfull proceedings shall yet continue against me for I believe the Commons of England will give you no thankes for this change especially when they shall call into their mindes how happily they heretofore have lived in the Reigns of Queen Elizabeth and of the King my Father and in my own Reign before the beginnings of these unhappy tumults and they will have a just cause to doubt if they shall be so happy in any new Government In that time it will most evidently appeare that I onely took up Armes to defend the Fundamentall Lawes of this kingdome against those who opposed my power and totally would have subverted the antient Government Having so briefly declared my Reasons to you for which I could nor submit to your pretended Authority without violation of the Trust which God hath committed to me for the safety and liberty of my people I expect from you either clear Reasons to convince my Judgment by demonstrating to me
did then dispute the Authority of this Tribunal and your Lordship being pleased to give him a further day to put in his answer which was yesterday I did move againe that he might be required to put in a direct and positive answer to his charge either by denying or confessing it but he was then pleased to debate the Jurisdiction of the Court although he was commanded to give a positive answer My Lord by reason of this great delay of Justice I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land that if a prisoner shall stand in contempt and not plead guilty or not guilty to the charge given against him it by an implicite confession ought to be taken pro confesso as I may instance in divers who have deserved more favor then the prisoner at the Bar hath done But I shall presse upon the whole fact The House of Commons the Supream Authority of the Kingdome have declared my Lord that it is notorious The matter of the charge is true and clear as chrystall or as the Sun that shineth at Noon day in which my Lord President if your Lordship and the Court be not satisfied I have severall witnesses on the behalf of the people of England to produce and therefore I do humbly pray and not so much I as the innocent blood that hath been shed the cry whereof is great for Justice and Judgement that speedy Judgement may be pronounced against the prisoner at the Bar. President Sir you have heard what hath been moved by Mr. Sollicitor on the behalfe of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget the delayes which you have made You have been pleased to propound some Questions and amply you have had your resolution on them you have been often told that the Court did affirm their own jurisdiction that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did deport your self in that manner that you gave no obedience nor did acknowledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice Sir the Court gives you to understand that they are very sensible of these demurres and that being thus authorised by the High Court of England they ought not to be trifled withall especially seeing if they please they may take advantage of these delayes and according to the rules of Justice proceed and pronounce Judgement against you Neverthelesse they are so favourable as to give direction to me and therefore on their behalfe I do require you to make a positive answer to this charge that hath been read against you Justice knows no respect of persons You are to give your positive and finall Answer in plain English whether guilty or not guilty of the Treason laid to your charge The King having meditated a little did answer in these words When I was here yesterday I desired to speak for the Liberties of the people of England I desire yet to know whether without interruption I may speak freely or not President Sir on the like Question you had yesterday the resolution of this Court you were told that having a charge of so high a nature against you your work was to acknowledge the Jurisdiction of the Court and to answer the charge after you have done that you shall be heard at large to make what defence you can for your self but Sir the Court commands me to make known unto you that you are not permited to run into any other discourses untill such time that you have returned a positive Answer to the matter that is charged upon you King I value not the charge a rush It is the Liberty of the people of England that I stand for For me who am your King and should be an example to all the Courts in England to uphold Justice and maintain the old Laws for me I say to acknowledge a new Court that I never heard of before is a thing that I knowe not how to do You did speak very well on the first day I came hither concerning the obligations that I have laid upon me by God for the maintenance of the Liberties of my people I do acknowledge that I do ow the same obligations to God and my people to defend as much as in me lies the ancient Laws of the Kingdome therefore untill I be satisfied that it is not against the fundamental Laws of the Kingdome I can put in no particulars to the Charge If you will give me time I will shew you my Reasons wherefore I cannot do it and Here being interrupted he said By your favour you ought not to interrupt me How I came here I do not know There is no law to make your King your prisoners I was in a Treaty upon the publick faith of the Kingdome that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaties I was hurried away and brought thither and therefore I would President Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to run into these discourses you appear here as a Delinquent you have not acknowledged the Authority of the Court the Court once more doth command you to give your positive Answer M Broughton Do your Duty King Duty Sir M. Broughton reads Charls Stuart King of England you are accused in the behalfe of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your positive and finall answer either by way of confession or by deniall of the Charge King Sir I say againe unto you If thereby I may give satisfaction to the people of England of the uprightnes of my proceedings not by way of answer but to satisfie them that I have done nothing against that trust that hath been committed to me I would do it but to acknowledge a new Court against their priviledges to alter the Fundamentall Laws of the Kingdome you must excuse me if I shall refuse to do it President Sir This is the third time that you have publiquely disowned this Court and put an affront upon it How far you have preserved the priviledges of the People your actions have spoke And truly Sir If mens intentions can be known by their actions you have written your intentions in bloody Characters throughout the whole Kingdome But Sir you are to understand the pleasure of the Court Clerk Record the default And Gentlemen you that are a guard to the prisoner take him back again King I will onely adde this one word If it were onely my own particular
decline it since I say If that which I shall propound be not for the peace of the Kingdome and the Liberty of the subject then the shame is mine Now I desire that you will take this into your consideration if you will I will withdraw President Sir This is not altogether new that you have offered unto us I say it is not altogether new unto us although it be the first time that in person you have offered it to the Court Sir you say you do not decline the Jurisdiction of the Court. King Not in this that I have said President I understand you well enough Sir Nevertheless that which you have propounded seems to be contrary to that which you have said for the Court are ready to proceed to sentence It is not as you say that they will not hear their King For they have been ready to hear you they have patiently waited your pleasure for three Court daies together to hear what you would answer to the peoples charge against you to which you have not vouchsafed to give any answer at all Sir this doth tend to a further delay and truly Sir Such delays as these neither may the Kingdom nor Justice admit You have had the advantage of three several dayes to have offered in this kind what you were pleased to have propounded to the Lords and Commons This Court is founded upon the Authority of the Commons of England in whom resteth the Supream Jurisdiction That which you now tender to the Court is to be tried by another Jurisdiction a co-ordinate Jurisdiction I know very well how you have expressed your self and that notwithstanding what you would propound to the Lords and Commons yet neverthesess you would proceed on here I did hear you say so but Sir That which you would offer there whatsoever it be must needs be in delay of Justice here so as if this Court be resolved and prepared for the sentence they are bound in Justice not to grant that which you so much desire but Sir according to your desire and because you shall know the full pleasure of the Court upon that which you have moved the Court shall withdraw for a time King Shall I withdraw President Sir you shall know the the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms the Court gives you command that the prisoner withdraw and that about half an hour hence the prisoner be returned again The time being expired the Court returned and the Lord President commanded the Serjeant at Arms to send for his prisoner The King being come attended with his Guard The Lord President said unto him Sir you were pleased to make a motion here to the Court concerning the desire you had to propound something to the Lord◠and Commons in the Painted Chamber for the peace of the Kingdome Sir you did in effect receive an Answer before the Court adjourned Truely Sir their adjournment and withdrawing was pro formâ tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you moved and have considered of their own Authority which is grounded as it hath been often said upon the Supream Authority of the Commons of England Assembled in Parliament The Court doth act according to their Commission Sir I have received an express Order from the Court to acquaint you that they have been too much delayed by you already and that this which you have now offered hath occasioned some little further delay they are Judges appointed by the highest Judges and Judges are no more to delay than they are to deny Justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferremus justitiam There must be no delay but Sir the Truth is and so every man here observes it that you have much delayed them by your contempt and default for which long since they might have proceeded to judgement against you therefore notwithstanding what you have offered they are resolved to proceed to punishment and to judgement and this is their unanimous resolution King Sir I see it is in vain for me to dispute I am no Sceptick to doubt or to deny the power that you have I do know that you have power enough Sir I confess I do believe it would have been advantagious to the peace of the Kingdom if you would have been pleased to take the pains to shew the lawfulness of your power As for this delay which I have desired I do confesse it is a delay but it is a delay that is important for the peace of the Kingdom It is not my person that I look on alone It is the welfare of the Kingdom the peace of the Kingdome It is an old saying that we should think on long but perform great matters suddenly Therefore Sir I do say again I do put at your doors all the inconveniences of a hasty sentence I have been here now a full week this day eight dayes was the day in which I made in this place my first appearance The short respite but of a day or two longer may give peace unto the Nation whereas an hasty jugdement may bring such a perpetual trouble and inconvenience upon it that is the Child unborn may repent it And therefore once more out of the duty I owe to God and to my Country I do desire that I may be heard by the Lords and Commons in the painted Chamber or any other place that you will appoint me President Sir you have been already answered to what you have moved it being the same motion which you made before for which you have had the resolution and the judgement of the Court in it and the Court would now be satisfied from you whether you have any more to say for your selfe then you have yet said before they proceed to sentence King I say this Sir that if you will but hear me and give me this delay I doubt not but I shall give some satisfaction to all that are present and to my people that are absent and therefore I require you as you will answer it at the dreadfull day of Judgement that you will once again take it into your consideration President Sir I have received instructions from the Court. King Well Sir President If this must be reinforced or any thing of this nature your answer must be the same as it was before and they will proceed to sentence if you have no more to say King Sir I have nothing more to say onely I desire that this may be entred what I have said President The Court Sir then hath something else to say to you which although I know will be very unwelcom yet notwithstanding they are resolved to discharge their duty Sir you have spoken very well of a precious thing that you call a peace and it were much to be wished that God had put it
into your heart that you had as effectually endeavoured and studied the peace of the Kingdome as in words you seem to pretend but as the other day it was represented to you that actions must expound intentions Your actions have been clean contrary and truly Sir it doth appear very plainly to the Court that you have gone upon very erroneous principles This Kingdom hath felt it to their smart and it will be no comfort to you to think of it for Sir you have been heard to let fall such language as if you had not been subject to the Law or that the Law had not been your Superiour The Court is very sensible of it I hope so are all the understanding people of England That the Law is your Superiour you ought to have ruled according to the law you ought to have done so and your pretence hath been that you have done so But Sir the question is who shall be the expositors of the Law whether you and your party out of the Courts of Justice shall take upon you to expound the Law Or whether the Courts of Justice shall be the expounders themselves Nay this Sovereign and high Court of Justice the Parliament of England who may well be obliged to be the highest expounders of the Law since they are the Sole makers of it Sir for you to set your selfe with your single judgement or for those who adhere unto you to set themselves against the highest Court of Justice there is no Law for it Sir as the Law is your superior so truly there is something that is Superiour to the Law which is the Parent or Author of the Law and that is the people of England For as they are those who at first as other Countries have done did chuse unto themselves this form of Government that Justice might be administred and the peace preserved so they gave Laws unto their Governors according to which they were to govern and if those Laws should have proved inconvenient or prejudicial to the publick they had power in them reserved to themselves to alter as they should finde cause It is very true what some of your side have alleadged Rex non habet parem in regno This Court will affirm the same in some sense that whilest King you have not your Peer for you are major singulis but they will aver again that you are minor universis and the same Author tels you that in exhibitione juris you have no power but they are quasi minimus This we know to be Law Rex haebt superiorem Deum legem etiam Curiam and so sayes the same Author and he makes bold to proceed further Debent ei fraenum ponere they ought to bridle him We know very well the stories of old we cannot be ignorant of those Wars that were called the Barons Wars when the Noblity of the Land did stand out for the Liberty and the property of the Subject and would not suffer the Kings that did invade their Liberties to play the Tryants but did call them to an account for it and did fraenum ponere But Sir If the Nobility of the Land do forbear to do their duty now and are not so mindfull of their own Honour and the Kingdomes good as the Barons of England of old have been certainly the Commons of England will not be unmindefull of what is requisite for their preservation and their safety Justitiae fruendi causa Reges constituti sunt By this we learn that the end of having Kings or Governours is for their enjoying of Justice that is the end Now Sir If the King will go contrary to that end or if any Governour will go contrary to the end of his government he must understand that he is but an Officer in trust and that he ought to discharge that trust and order is to be taken for the animadversion and punishment of such an offending Governour Sir This is not a Law of yesterday since the time of the division betwixt you and the Parliament but it is a Law of old And we know very well both the Authors and the Authorities that acquaint us what the Law was in that point on the election of Kings when they took their Oath to be true unto the people and if they did not observe it there were those remedies instituted which are called Parliaments The Parliaments were they that were to adjudge the very words of the Authors the plainness and wrongs done by the King and Queen or by their Children such wrongs eespecially when the people could have no where else a remedy Sir this is the Case of the people of Eugland they could not have their remedy else where but in Parliament Sir Parliaments were instituted for that intent it was their main end that the grievances of the people might be redressed and truly if the Kings of England had been rightly mindefull of themselves they were never more in Majestie or State than in the time of the Parliament but how forgetfull some have been Histories have informed us and we our selves have a miserable a lamentable and a sad experence of it Sir by the old Laws of England I speake these things the rather to you because you were pleased to affirme the other day that you had as much knowledge in the Law as most Gentlemen of England It is very well Sir and truly Sir it is very sit for the Gentlemen of England to understand the Laws under which they must live and by which they must be governed And then Sir the Scripture sayes they that know their Ma-Masters will and do it not you know what follows the Law is your Master the acts of Parliament the Parliaments were anciently to be kept twice in the year as we find in our old Author that the Subject upon any occasion might have a remedie and a redress for his grievance Afterwards by severall Acts of Parliament in the dayes of your predecessor Edward the third they were to be but once a year What the Intermission of Parliaments in your times hath produced is very well known and the sad consequences of it as also what in the interim instead of Parliaments there hath been by you by a high and arbitrary hand introduced upon the people But when God by his Providence had so far brought it about that you could no longer decline the calling of a Parliament a Parliament was called where it may appear what your ends were against your ancient and Native Kingdom of Scotl but this Parliament of Engl. not serving your turn against them you were pleased to dissolve it Not long after another great necessitie occasioned the calling of this Parliament and what your designes and indeavours all along have been for the crushing and confounding of it hath been most notorious to the whole Kingdom And truly Sir in that you did strike at all it had been a sure way to have brought about that which this Charge doth lay upon you
Sir Thomas Maleverer Sir John Bourcher Isaac Pennington Henry Martin William Purifoye John Barkstead Gilbert Millington Thomas Chaloner Matthew Tomlinson John Blakeston Sir William Constable Edmund Ludlow John Hutchison Sir Michael Levesey Robert Titchburne Owen Roe Robert Lilburne Adrian Scroop Richard Dean John Okey John Harrison John Hewson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregrine Pelham Thomas Wogan Frances Allen. Daniel Blagrave John Moor. William Say Francis Lascels John Chaloner Gregory Clement Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Lisle John Brown John Dixwell Miles Corbet Simon Menyne John Alured Henry Smith Humphrey Edwards John Frye Edmund Harvey Thomas Scot. William Cawley John Downes Thomas Hammond Vincent Potter Augustine Garland Charles Fleetwood John Temple Thomas Wayte Counsellours assistant to this Court and to draw up the Charge against the KING were Doctor Dorislaus Mr. Aske Mr. John Cooke Solicitor Serjeant Denby Serjeant at Armes M Broughton M. Phelpes Clerks to the Court. Colonel Humfrey Sword bearer Messengers Door-keepers and Cryers were these Mr. Walford Mr. Radley Mr. Paine Mr. Powell Mr. Hull Mr. King The SENTENCE against the said KING January the 27 th 1648. which was read by Mr. Broughton aforesaid Clerk WHereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryall of Charles Stuart King of England before whom he had been Three times Convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdome of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was required to give his Answer but he refused so to do and so exprest severall passages at his Tryall in refusing to answer For all which Treasons and Crims this Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publick enemy shall be put to death by fevering his head from his body This Sentence sayes the President now read and published is the act Sentence Judgement and Resolution of the whole Court. To which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speake but he was instantly commanded to be taken away and the Court broke up The true manner of proceeding to take off the Kings Head according to the Sentence given as a foresaid Sir Hardress Waller Collonel Harrison Commissary General Ireton Colonel Dean and Colonel Okey were appointed to consider of the Time and Place for the Exceution of the King according to his Sentence given by the pretended High Court of Justice Painted Chamber Monday January the 29 th 1648. VPon Report made from the Committee for considering of the Time and place of the Executing of the Judgement against the King that the said Committee have Resolved That the open street before White-hal is a fit place And the said Committee conceive it fit That the King be there executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn to that purpose which Warrant was accordingly drawn and agreed to and Ordred to be ingrossed which was done and signed and sealed according as followeth At the High Court of Justice for the Trying and Judging of King CHARLES the I. of England January 29. 1648. VVHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other Crimes and Sentence on Saturday last was pronounced against him by this Court to be put to Death by severing his head from his body of which Sentence Execution yet remaineth to be done These are therefore to will an require you to see the said Sentence Executed in the open street before Whitehall upon the morrow being the 30. day of this instant Moneth of January between the hours of Ten in the morning and Five in the afternoon of the same day with full effect and for so doing This shall be your sufficient Warrant and these are to require all Officers and Soldiers and other the good people of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Huncks and Lievtenant Colonel Phray and to every of them Given under our hands and Seals Sealed and Subscribed by John Bradshaw President Thomas Gray Oliver Cromwell Edward Whaley John Okey John Danvers Mich. Lievesey John Bourcher Hen Ireton Tho Maleverer Jo Blackeston Jo Hutchison William Goffe Tho. Pride Henry Smith Vincent Potter William Constable Rich Ingoldsby Will. Cawley John Barkstead Isaac Ewer Val. Walton Peter Temple Tho. Harrison John Hewson Per. Pelham Richard Dean Rob. Tichburn Hump Edwards Dan. Blagrave Owen Roe Will. Purifoye Adrin Scroop James Templer Aug. Garland Edmu. Ludlow Hen. Martia Jo. Allewred Rob. Lilburu Will. Say Anthony Stapley Gregory Norton Tho. â—haloner Tho. Wogan Simon Meyne Tho Horton John Jones Jo. Moore Hardress Waller Gilbert Millington Charls Fleetwood Jo. Venn Greg. Clement Jo. Downes Tho. Waite Tho. Scot. John Carew Miles Corbet Ordered That the Scaffold on which the King is to be executed be covered with Black The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the Tenour thereof about Two a clock in the afternoon of the said 30. of January 1648. The Fatall day of the said Execution being Tuesday January the 30. 1648. HIS Majesty continued in Prayer all the morning and receives the Sacrament Just at Ten a Clock before noon he was conveyed on foot from St. James's Palace to Witehall guarded by a Regiment of Foot Soldiers part before part behind with Colours flying and Drums beating his private guard of Patirzans about him and Dr. Juxon Bishop of London next to him on one side and Colonel Tomlinson on the other being come to Whitehall he 〈◊〉 his Cabinet Chamber at his divotions refusing to dine onely about 12 a clock he eat a bit of bread and dranke a glasse of Claret wine from thence he was conveyed into the Banqueting house and the great window inlarged out of which he ascends the Scaffold the rails being hung round and the floor covered with black His Executioners disguised with Visards yet was his Majesty not affrighted He shewed more care of the people living then of himselfe dying for looking round upon the people whom the thick Guards of Soldiers kept a great distance of and seeing he could not be heard by them omitting probably what he purposed to have spoken to them therefore turning to the Officers and Actors by him he delivered him self in a short but excellent Speech which being ended he meekly went to Prayers and after some heavenly discourse between him and the Bishop having prepared himselfe he lifted up his eyes to heaven mildely praying to himself he stooped down to the block as to a prayer-deske and