of the Floor of the Court was raised very high from the Ground and also made close up with Boards from the Ground about three Foot higher than the Level of the Court Floor so that the Commissioners whose safety seeems principally Consulted in this new Model could not be discerned much less pressed upon by the Multitude in the Hall but at some considerable distance But his Majesties back parts sitting and standing were always visible to the People below in the Hall he being placed as you see on the outer Line of the Pales of the Court. This Court extended it self in length and depth from the west Window of Westminster-Hall as far as the stone Steps now leading up to the Courts of the Chancery and the Kings-Bench and in Breadth from Gallery to Gallery belonging to the said Courts respectively covering and over-laying both the said Courts For the Usurpers thought it not enough to destroy and abolish the ancient Fundamental Laws the envied Ornaments of Monarchy and the Safeguard both of the King and People And to commit all the Liberties of England to the safe Custody of Keepers of their own appointing and who were to be Answerable to them for their Escape unless they also overwhelmed and trod under foot the said Courts also from whence those wholesome Laws were wont duly to be dispensed to the Nation that their place might no where be found but for ever be forgotten for when they had once killed and taken Possession also they then deserted and laid desolate those ancient Tribunals and planted the Courts of their Keepers of the Liberties of England and of their Vpper Bench forsooth along the North side of Westminster-Hall whence they distributed to the enslaved People such Liberties Priviledges and Laws as they thought fit to afford them A Passage lined with Souldiers on both sides leading from the Court of Wards into the High Court of Justice and through which the Commissioners coming from the Painted Chamber made their entry into the said Court. The Place where the moving Guard with Partizans who together with the Serjeant at Arms and a Person carrying the Sword of State or Justice always came along with the Commissioners from the Exchequer Chamber into the Court stood sitting the Court. The place where the moving Guards with Partizans which always attended the King from Sir Robert Cotton's House up into the said Court and back thither again stood sitting the Court. The passage leading from the Stair head to the distinct Apartment appointed for the King as aforesaid Note This passage was railed and hung with Turky Carpets and always kept Barr'd and Empty on purpose as is to be supposed that none might come near the King to advise or assist him in any wise The Partition where the Counsel of the Common-wealth viz. Cooke Dorislaus and Aske stood alone on the Right hand of the King as he was sitting The Stairs by which the King ascended up into the Court out of Westminster-Hall The Passage leading into Westminster-Hall from Sir Robert Cotton's House where His Majesty was kept under strong Guards in readiness when the Court should from time to time order him to be brought up This Passage was planted thick with Souldiers on both sides who as his Majesty passed through them to and from the Court were wont to blow their stinking Mundungoes in his Royal Face without any reproof of their Officers who at that time durst not distaste the Souldiers nor appear Guilty of any the least Respects if they had any for the King Of which base rudeness and affront the King yet made no Complaint though he gave them to understand he was sensible of it by his often putting away the offensive smoak with his Hand A large free Passage leading from Westminster-Hall gate streight through the said Hall within 12 or 14 Foot of the bottom of this Court Another such like passage going cross the upper end of the last mentioned passage reaching and extending it self from one side of the said Hall to the other Note both these Passages were strongly Rayled to keep the Multitude who when the Court was set was freely permitted to fill the Hall between the Rayls and the Wall from breaking in upon the Souldiers who were planted all along within the Rayles to observe and awe the Multitude and secure the Court. In these vacant free Passages the Officers walked to and fro in a readiness and the Souldiers thus fenced from the Mulitude had the free use and security of their Arms upon all Accidents and which was thought to be no more than necessary For how confident soever the said Commissioners might seem to be yet certainly they had their Fears Witness besides all this solemnity of security in view as aforesaid the Guards in both the Palace Yards the Guards in Sir Robert Cotton's Garden Journal Page 18 19. The bricking up the Door in the passage going out of the Hall towards Heaven The strong Guards in the Courts of Request and Court of Wards where no Stranger upon any terms was permitted to stay the Commissioners being to pass through those Guards from the Painted Chamber into the Court by which it appeared they had Fears within and without and on every side else what meant those other Guards also placed above in the Leads on the out side the Hall and other suspected places mentioned in the Journal Page 19. if it were not to prevent the danger which they feared might otherwise have come from thence upon them where they sat indeed a very fair Mark for any Person that had been but half so bloody-minded as themselves The thronging Multitudes between the Rayles and the Hall Walls The Officers walking up and down in the said free Passages between the Souldiers standing within the Rayles ready to give the necessary Orders and Commands upon all occasions The Pageants of this Mock-Tribunal is thus represented to your view by an Eye and Ear Witness of what he saw and heard there Charles by y e Grace of God King of Great Britain France Ireland Defender of the Faith etc. A JOURNAL OF THE PROCEEDINGS OF THE High Court of Iustice ERECTED By Act of the Commons of England Intituled An Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for the Trying and Judging of CHARLES STUART King of England The Tenor whereof followeth viz. The Act. An Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for the Trying and Judging of Charles Stuart King of England 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 Ancient and Fundamental Laws and Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all other evilways and means to
Hutchinson Reporteth from the Committee appointed to consider of the Habits of the Officers and it is thereupon Ordered That Three Gowns be Provided for three Vshers and Three Cloaks for Three Messengers of this Court Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge against the King that the Councel have perfected the Charge and are ready to present it He likewise reporteth the Draught of an Order whereby the Charge may by the Command of this Court be exhibited together with a Form of Words the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge Which said Order and Form of Words the Court have with some Alterations agreed unto as followeth It is Ordered That Mr. Attorney and in his absence Mr. Sollicitor do in the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes against CHARLES STVART King of England and charge him thereupon in the behalf aforesaid The Form of Words are as followeth My Lord ACcording to an Order of this High Court to me directed for that purpose I do in the Name and on the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes whereof I do accuse CHARLES STVART King of England here present And I do in the Name and on the behalf aforesaid desire the said Charge may be received accordingly and due Proceedings had thereupon The Councel likewise according to Mr. Millington 's Report present a Draught of the Charge against the King which was read the first and second and third time and referred back to the said Councel to make some small Amendments as to the Form thereof Ordered That Commissary Gen. Ireton Col. Whalley Col. Harrison Sir Hardress Waller or any two of them do appoint the Thirty Persons that are by Order of the 17th Instant to attend the King and the Twenty that are to attend the Lord President Ordered That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet The Court Adjourned it self till Nine of the Clock to morrow morning Sabbathi 20 Jan. 1648. Three Proclamations and Attendance commanded Ordered That Sir Henry Mildmay be desired to deliver unto John Humphreys Esq the Sword of State in his Custody which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court The Court being sate as aforesaid before they engaged in further Business the Serjeant at Arms of the House of Commons came thither and acquainted the Court that the House wanted their Members that were of that Court the Court thereupon Adjourned till twelve of the Clock the same day The Court accordingly met at twelve of the Clock Three Proclamations made Commissioners present Painted Chamber 20 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court Tho. L. Grey of Groby Henry Martin Oliver Crowwell Henry Ireton Augustine Garland Thomas Challoner Nicholas Love William Cawley John Venn William Purefoy John Barkstead James Challoner Peter Temple Tho. Harrison Robert Tichbourne John Hutchinson Sir Gregory Norton Sir Tho. Maleverer Bar. Daniel Blagrave Owen Roe Thomas Wogan William Say Francis Lassels John Jones Sir John Bourchier John Carew John Dewnes John Fry Sir Michael Livesey Sir John Danvers Mr. Millington Sir Hardress Waller John Blakistone John Huson Humphrey Edwards Isaac Pennington Ald. of Lond. John Brown Edw. Whalley John Okey Thomas Pride Adrian Scroope Valentine Wauton Tho. Hamond James Temple Peregrine Pelham Thomas Lister Edmond Ludlow Simon Meyne Thomas Scot. Edmond Harvy William Lord Mounson Henry Smith Sir William Constable Isaac Ewers Sir Henry Mildmay Anthony Stapeley Here the Court sate private Ordered That the Form and Method of the Courts Proceeding unto and in the reading of the Commission by which they Sit sending for and bringing in the Prisoner to the Bar acquainting him in brief with the cause of his bringing thither receiving and reading the Charge and demanding what the Prisoner says thereto be referred to the discretion of the Lord President as also That in case the Prisoner shall in Language or Carriage towards the Court be insolent outragious or contemptuous that it be left to the Lord President to reprehend him therefore and admonish him of his Duty or to command the taking away of the Prisoner and if he see cause to withdraw or adjourn the Court But as to the Prisoners putting off his Hat the Court will not insist upon it for this day and that if the King desire time to Answer the Lord President is to give him time Ordered Vpon the Lord President 's Desire and Motion That Mr. Lisle and Mr. Say Commissioners of this Court be Assistants to the Lord President and for that purpose it is Ordered that they sit near the Lord President in Court Mr. Sollicitor presented the Charge against the King ingrossed in Parchment which was read and being by Mr. Sollicitor Signed was returned to him to be exhibited against the King in his presence in open Court And thereupon the Court Adjourned it self forthwith to the Great Hall in Westminster The Manner of the Tryal of Charles Stuart King of England ON Saturday being the 20 th Day of January 1648. the Lord President of the High Court of Justice his two Assistants and the rest of the Commissioners of the said Court according to the Adjournment of the said Court from the Painted Chamber came to the Bench or Place prepared for their Sitting at the West End of the Great Hall at Westminster divers Officers of the said Court one and twenty Gentlemen with Partizans and a Sword and Mace marching before them up into the Court where the Lord President in a crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a crimson Velvet Cushion before him the rest of the Members placing themselves on each side of him upon several Seats or Benches prepared and hung with Scarlet for that purpose The Lord President 's two Assistants sitting next of each side of him and the two Clerks of the Court placed at a Table somewhat lower and covered with a Turky Carpet upon which Table was also laid the Sword and Mace the said Guard of Partizans dividing themselves on each side of the Court before them Three Proclamations are made for all persons that were Adjourned over thither to draw near The Court being thus sate and Silence enjoyned the Great Gate of the Hall was set open to the intent that all persons without exception desirous to see or hear might come unto it upon which the Hall was presently filled and Silence again ordered and proclaimed After Silence proclaimed as aforesaid the Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for Trying and Judging of CHARLES STVART King of
not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction 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 Bradshaw Sir You are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read CHARLES STVART 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 Bradshaw 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 Bradshaw Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath 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 Bradshaw Sir Your Reasons are not to be heard against the highest Jurisdiction King Shew Me that Jurisdiction where Reason is not to be heard Bradshaw 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 was a Court of Judicature of that kind Bradshaw 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 Bradshaw 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 judge King Sir Vnder favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Arms against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge King Well Sir Then Bradshaw Ordered the Default to be Recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was Guarded forth to Sir Robert Cotton's House The Court Adjourned to the Painted Chamber on Tuesday at Twelve of the Clock and from thence they intend to Adjourn to Westminster-Hall at which time all Persons concerned are to give their Attendance His Majesty not being suffered to deliver his Reasons against the Jurisdiction of their Pretended Court by word of Mouth thought fit to leave them in Writing to the more impartial Judgment of Posterity as followeth 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 But 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 dayly make New and abrogate the Old Fundamental Law 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 satisfied 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 though 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 Proceeding just against any man but what is vvarranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident This Days Proceeding cannot be warranted by God's Law for on the contrary The Authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and New Testament which if 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 Eccl. 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 if Old shew it if 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 knovvn to all Lavvyers I leave to God and the World to judge And it vvere full as strange that they should pretend to make Laws vvithout King or Lords House to any that have heard speak of the Lavvs 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 if you demand not his free Consent nor can you pretend any colour for this your Pretended Commission vvithout the Consent at least of the Major Part of every Man in England of vvhatsoever Quality or Condition vvhich I am sure you never vvent about to seek so far are you from having it Thus you see that I speak not for My ovvn Right alone as I am your King but also for the true Liberty of all My Subjects vvhich 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 vvhich this Days Proceedings do not only violate but likevvise occasion the greatest Breach of their Publick Faith that I believe ever vvas heard of with which I am far from Charging the Two Houses for all Pretended Crimes laid against Me bear Date long before this Treaty at Newport
Prisoner in mind of former Proceedings and that although by the Rules of Justice if Advantage were taken of his past Contempts nothing would remain but to pronounce Judgment against him they had nevertheless determined to give him leave to Answer his Charge which as was told him in plain terms for Justice knew no respect of Persons to plead Guilty or Not Guilty thereto To which he made Answer as formerly That he would not acknowledge the Jurisdiction of the Court and that it was against the Fundamental Laws of the Kingdom that there was no Law to make a King a Prisoner that he had done nothing against his Trust and issued out into such like Discourses Upon which the Courts Resolution was again remembred to him and he told That he had now the third time publickly disowned and affronted the Court That how good a Preserver he had been of the Fundamental Laws and Freedoms of the People his Actions had spoken that mens Intentions were used to be shewed by their Actions and that he had written his Meaning in bloody Characters throughout the Kingdom and that he should find at last though at present he would not understand it that he was before a Court of Justice Hereupon in the manner appointed the Clerk in the Name of the Court demanding the Prisoners Answer to his Charge and the same refused the Default was Recorded the Prisoner remanded and the Court Adjourned to the Painted Chamber Painted Chamber The Court according to their former Adjournment from Westminster-Hall came together from thence into the Painted Chamber where they sate privately and Ordered as followeth Ordered That no Commissioner ought or shall depart from the Court without the special leave of the said Court This Court took into consideration the managing of the Business of the Court this day in the Hall and the King's Refusal to Answer notwithstanding he had been three several times demanded and required thereunto and have thereupon fully approved of what on the Courts part had then passed and Resolved That Notwithstanding the said Contumacy of the King and refusal to plead which in Law amounts to a standing mute and tacit Confession of the Charge and notwithstanding the Notoriety of the Fact charged the Court would nevertheless however examine Witnesses for the further and clearer satisfaction of their own Judgments and Consciences the manner of whose Examination was referred to further Consideration the next Sitting and Warrants were accordingly issued forth for summoning of Witnesses Mr. Peters moveth the Court as a Messenger from the King viz. That the King desires he might speak with his Chaplains that came unto him privately but the House of Commons having taken that into their Consideration the Court conceived it not proper for them to intermeddle therein The Court Adjourned it self till Nine of the Clock to morrow morning to this Place What passed in the Hall more at large than is related by Phelpes in this Days Transactions see in the following Discourse The King being brought in by the Guard looks with a Majestick Countenance upon his Pretended Judges and sits down After the second O Yes and Silence commanded Cooke began more insolently Cooke May it please your Lordship My Lord President This is now the third time that by the great Grace and Favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute paid him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord instead of making any Answer he did then dispute the Authority of this High Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being Yesterday I did humbly move that he might be required to give a direct and positive Answer either by Denying or Confession of it But my Lord he was then pleased for to Demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord Besides this great Delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole That according to the known Rules of the Law of the Land That 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 Tryal that as by an implicite Confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides My Lord I shall humbly press your Lordship upon the whole Fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the Matter of the Charge is true as it is in truth My Lord as clear as Crystal and as the Sun that shines at Noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent Blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir You have heard what is moved by the Councel on the behalf of the Kingdom against you Sir You may well remember and if you do not the Court cannot forget what dilatory Dealings the Court hath found at your hands You were pleased to propound some Questions You have had Your Resolution 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 acknowledge 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
their Forces demolish all their Out-works and Fortifications and suffer the whole Army to March through the City all which to the Eternal Dishonor of those Pusillanimous Cowards only Valiant in Rebellion they presently after most Triumphantly put in Execution This great Rub being so fortunately surmounted they now began to open the Dismal Scene and that they might extinguish the least remaining Sparks of Loyalty they fall to Menacing such as durst in the least Oppose them For upon the Debate which happened concerning the Nulling of all Acts Orders c. from July 26. 1647. to August 6. Sir Arthur Hasilrig openly declared in the House That some Heads must fly off and that he feared the Parliament of England would not Save the Kingdom of England that they must look another way for Safety And many other threatning Speeches were made by Sir H. Vane Jun. Sir John Evelyn Jun. Prideaux Gourdon Mildmay Scot and Cornelius Holland and in conclusion a Letter with a Remonstrance full of Invectives and Menaces from the General Fairfax and the general Council of the Army was produced by which Means they gained that Point also Upon the 24. of December the four Bills whereby the King was to be Devested of every thing but the Empty Name were sent to the King as the Conditions of restoring him to his Liberty and Crown And upon the third of January the Kings answer was Read and Debated upon which Sir Thomas Wroth broke out into this Extravagant Speech fitter for Bedlam Himself or rather Tyburn than St. Stephen's Chappel That Bedlam was appointed for Mad-men and Tophet for Kings That our Kings of late had carried themselves as if they were fit for no place but Bedlam and therefore Moved first to Secure the King and keep him close Prisoner in some Inland Castle with strong Guards Secondly to draw up Articles of Impeachment against him Thirdly to lay him aside and settle the Kingdom without him and for his own particular he said he valued not what Form of Government they set up so it were not by Kings and Devils This was Seconded by Ireton who spoke the Sense of the Army and said That the King had denyed Safety and Protection to his People by denying the four Bills That Subjection to his was but in lieu of Protection from him to the People that This being denied by the King they may well deny any more Subjection to him and settle the Kingdom without him That it was expected after so long Patience they should now shew their Resolution and not desert those Valiant Men of the Army who had ingaged for them beyond the possibility of retreat And to put the thrust home to the very Heart of the King towards the latter end of his Speech laying his Hand upon the Hilt of his Sword that Sorcerer Cromwel stood up and spake to this Effect That it was now expected that the Parliament should Govern and Defend the Kingdom by their own Power and Resolution and to teach the People no longer to expect Safety and Government from an Obstinate Man whose Heart God had hardened That they who had defended the Parliament from so many hazards difficulties and dangers with the expence of their Blood would defend them herein with Fidelity and Courage against all Opposition whatsoever therefore that they ought not to teach them by neglecting their own and the Kingdoms Safety in which their own is included to think themselves betrayed and left to the Rage and Malice of an irreconcilable Enemy whom they had subdued for the Parliament's sake and therefore in probability likely to find his future Government of them insupportable and more inclined to Revenge than Justice lest otherwise Despair should teach those Valiant Men to seek their Safety in some other means than adhering to the Parliament when they shall plainly see you will not stick to your selves and how destructive such a Resolution in them may be to you all added he I tremble to think and leave to you to Judge Whereupon the Question was immediately put Whether the Two Houses should make no more Addresses or Applications to the King and the House being Divided with the Yeas were 141. with the Noes 91. So it passed in the Affirmative But matters did not run so smoothly as they had hoped For the general Cry of the Nation was for a Personal Treaty with the King This was violently opposed by the Independent Faction and because there appeared great Inclinations in the City to favour the King they Threatned That after they had done with Colchester they would Humble that Proud City of London And to the Eternal Shame and Confusion of these Pretenders to Conscience and to Tender Conscience too the Reader shall hear that hideous Animal upon this occasion bray out the Bloody and Treasonable Thoughts of the Party possessed with this Legion in one of those Pamphlets which according to their constant Practice when they have the Press at Liberty they Print and Disperse abroad to poyson the abused People and to incite and animate them to Disloyalty Treason and the most Flagitious Villanies under pretence of following the Directions and Dictates of Conscience The Paper wears this Title The Voice of Conscience to all Well-meaning Citizens Printed July 16. 1648. And thus he Harangues the People If you desire to see a longer and more Bloody War and London as the Chief Seat thereof weltring in its own Blood your Wives Children and Families starved and pined to death through Poverty Famine and want of Trade if you would overthrow Parliaments for ever and subject both them and all People to the Will of the King and his Courtiers if you desire to see Foreigners invade you on all Hands and many Armies at once Quartered upon your Land putting hard for a New Conquest of this miserable divided Nation and if you desire to see your Wives and your Daughters ravished before your Faces and your Childrens Brains Dasht against the Stones by lustful and Blood-thirsty Cavaleers then follow the Steps of your Wealthy head-strong Aldermen and Common-Council-Men in their hasty pursuance of a Personal Treaty with the King or which is all one removing him out of the Armies Power For if you do flatter not your selves but be assured most Impious Confidence as certain as God is in Heaven you will see those Miseries come to pass and that swiftly too you will be devoured in an instant without Hope of Remedy But if you abhor and would prevent those Mischiefs then avoid and detest their Ingagement fly from it as from a Serpent it being a Viper bred in your own Bowels to destroy you and if you have unadvisedly subscribed it Repent speedily and Recal your Hands They most grosly delude you and abuse the Parliament in pretending they are able nay willing to Prevent or Suppress Tumults Trust them once and they will desire no more they will soon make it past a Treaty And when you lye at their Mercy complaining of
Peregrine Pelham Esq Francis Lassells Esq John Downs Esq John Brown Esq John Hutchinson Esq Miles Corbet Esq Humphrey Edwards Esq Edmond Harvy Esq William Goff Esq The Comissioners of the Court being as aforesaid met and informing themselves of the tenor of their Commission they accordingly appoint the said Court to be holden in the same place on Wednesday the Tenth of the said Month of January and ordered Proclamation thereof to be made in the great Hall at Westminster by Edward Dendy Serjeant at Arms Authorizing him thereunto by Precept under their Hands and Seals in these words following viz. By Virtue of an Act of the Commons of England Assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of Charles Stuart King of England we whose Names are hereunder written being Commissioners amongst others nominated in the said Act do hereby appoint That the High Court of Justice mentioned in the said Act shall be holden in the Painted Chamber in the Palace of Westminster on Wednesday the tenth day of this instant January by One of the Clock in the afternoon and this we do appoint to be Notified by Publique Proclaiming hereof in the great Hall at Westminster to morrow being the Ninth day of this Instant January betwixt the hours of Nine and Eleven in the Forenoon In Testimony whereof we have hereunto set our Hands and Seals this eight day of January Anno Domini 1648. We the Commissioners whose Names are hereunto Subscribed do hereby Authorize and Appoint Edward Dendy Serjeant at Arms to cause this to be Proclaimed according to the Tenor thereof and to make due Return of the same with this Precept to the said Court at the time and place above-mentioned Sealed and Subscribed by William Monson Tho. Grey Oliver Cromwell Gregory Norton Henry Ireton H. Edwards John Hutchinson Har. Waller William Constable John Lisle Henry Martin Valentine Wauton John Blackistone Gilbert Millington Adrian Scroope James Temple James Chaloner Thomas Harrison John Jones John Huson Peregr Pelham Edward Ludlow John Berkstead Peter Temple Edw. Whaley John Okey Rob. Tichbourn Thomas Pride Henry Smith Thomas Maleverer Thomas Challoner John Fry John Bourchier John Carew Aug. Garland Richard Deane Daniel Blagrave Which said Precept is thus returned on the Backside viz. I have caused due Proclamation to be made hereof according to the tenor of the Precept within written E. Dendy Serjeant at Arms. And in order to the more regular and due proceedings of the said Court they nominate Officers and accordingly chose Mr. Aske Dr. Dorislaus Mr. Steel and Mr. Cooke Councel to attend the said Court Mr. Greaves and Mr. John Phelpes Clerks to whom notice thereof was ordered to be given Mr. Edward Walford Mr. John Powel Mr. John King Mr. Phineas Payne and Mr. Hull are chosen Messengers to attend this Court January the Ninth 1648. According to the Precept of the Eighth instant Serjeant Dendy made Proclamation for the sitting of the said Court in manner following viz. About Ten of the clock of the same day the said Serjeant being attended with six Trumpets and a Guard of two Troops of Horse himself with them on horseback bearing his Mace rideth into the middle of Westminster-Hall the Court of Chancery then sitting at a general Seal where after the said Trumpets sounding the Drums then likewise beating in the Palace-yard he causeth the said Precept to be openly read which being done the House of Commons at the same time sitting Order as followeth Die Martis 9 Januarii 1648. Ordered by the Commons Assembled in Parliament that the same Proclamation that was made this Morning in Westminster-Hall touching the Tryal of the King be made at the Old Exchange and in Cheapside forthwith and in the same manner and that Serjeant Dendy the Serjeant at Arms do Proclaim the same accordingly and that the Guard that lieth in Pauls do see the same done In pursuance whereof Serjeant Dendy about twelve of the clock of the same day accompanied with ten Trumpets and Two Troops of Horse drawn out for that purpose in Paul's Church-Yard himself mounted bearing his Mace they all march from thence unto the Old Exchange London where after the Trumpets had sounded he maketh Proclamation as he had done before in Westminster-Hall And from thence they immediately march to Cheapside making the like Proclamation there also in manner as aforesaid during all which time the Streets are throng'd with Spectators without the least violence injury or affront publiquely done or offered Mercurii 10 Januarii 1648. Commissioners present Painted Chamber Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Knight Valentine Wauton Esq Edward Whaley Esq Thomas Harrison Esq Thomas Pride Esq Sir Thomas Maleverer Baronet James Challoner Sir John Danvers John Fry Sir Gregory Norton Augustine Garland Peter Temple Daniel Blagrave John Ven. Henry Martin William Purefoy John Blackistone Gilbert Millington Edmond Ludlow John Hutchinson John Corbet Robert Tichbourne Esq Owen Roe Esq John Dean Esq John Huson Esq Cornelius Holland Esq John Carew Esq Thomas Lister Esq Sir Henry Mildmay Knight Thomas Challoner Esq Peregrine Pelham Esq John Moor Esq William Say Esq Francis Lassells Esq Henry Smith Esq Thomas Scot Esq Nicholas Love Esq Vincent Potter Esq Adrian Scroope Esq John Dixwell Esq John Lisle Esq John Okey Esq John Berkstead Esq The Court being sat in the Place aforesaid began to take into consideration the manner and order that they intended to observe at the Kings Tryal and appointed two Ushers of the Court viz. Mr. Edward Walford and Mr. Vowell and Mr. Litchman was chosen a Messenger of this Court John Bradshaw Serjeant at Law a Commissioner of this Court was then chosen President of the said Court who being absent Mr. Say one of the Commissioners then present was appointed President Pro tempore and untill the said Serjeant Bradshaw should attend the said Service the said Mr. Say accordingly took his place and gave the thanks of this Court to Mr. Garland one of the Commissioners of this Court for his great pains by him formerly taken about the business of this Court The Court were informed of the great and important Imployment that at present lay upon Mr. Greaves in the behalf of the Commonwealth from which he cannot be spared without prejudice to the Publique and it was therefore moved in his behalf that he might be Excused from attending the service of one of the Clerks of the said Court which the Court admitted as a sufficient Excuse and thereupon Mr. Andrew Broughton was named and appointed one of the Clerks of this Court with John Phelpes the said John Phelpes being then sent for by a Messenger of the Court and accordingly making his appearance was commanded to attend the said service who attended the same accordingly and a Messenger of the Court was sent to Summon the said Mr. Broughton Mr. Aske Mr. Steel Dr. Dorislaus and Mr. Cooke are appointed Councel in the behalf of the Common-wealth to prepare and
Cause of withdrawing that then the Lord President do command the Sentence to be read but that the Lord President should hear the King say what he would before the Sentence and not after And thereupon it being further moved Whether the Lord President should use any Discourse or Speeches to the King as in the case of other Prisoners to be condemned was usual before the Publishing of the Sentence received general Directions to do therein as he should see cause and to press what he should conceive most seasonable and sutable to the Occasion And it was further directed That after the Reading of the Sentence the Lord President should declare that the same was the Sentence Judgment and Resolution of the whole Court and that the Commissioners should thereupon signifie their Consent by standing up The Court forthwith Adjourned it self to Westminster-Hall 27 Jan. 1648. post Merid. Westminster-Hall The Lord President and the rest of the Commissioners come together from the Painted Chamber to Westminster-Hall according to their Adjournment and take their Seats there as formerly and three Proclamations being made for Attendance and Silence The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court John Lisle William Say Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Barkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregr Pelham Daniel Blagrave Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. L. Grey of Groby Sir John Danvers Sir Thomas Maleveâ—eâ— Bar. John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawleâ— Anthony Stapeley John Downs Thomas Horton Thomas Hamond Nicholas Love Vincent Potter Augustine Garland John Dixwell George Fleetwood Simon Meyne James Temple Peter Temple Thomas Waite The Prisoner is brought to the Bar and Proclamation is again as formerly made for Silence and the Captain of the Guard ordered to take into his Custody all such as should disturb the Court. The President stood up with an intention of address to the People and not to the Prisoner who had so often declined the Jurisdiction of the Court which the Prisoner observing moved he might be heard before Judgment given whereof he received assurance from the Court and that he should be heard after he had heard them first Whereupon the Court proceeded and remembred the great Assembly then present of what had formerly passed betwixt the Court and the Prisoner the Charge against him in the Name of the People of England exhibited to them being a Court constituted by the Supream Authority of England his refusal three several days and times to own them as a Court or to answer to the Matter of his Charge his thrice recorded Contumacy and other his Contempts and Defaults in the precedent Courts upon which the Court then declared that they might not be wanting to themselves or to the Trust reposed in them and that no mans Wilfulness ought to serve him to prevent Justice and that they had therefore thought fit to take the substance of what had passed into their serious consideration to wit the Charge and the Prisoners Contumacy and the Confession which in Law doth arise upon that Contumacy the Notoriety of the Fact charged and other the Circumstances material in the Cause and upon the whole Matter had resolved and agreed upon a Sentence then ready to be pronounced against the Prisoner But that in regard of his desire to be further heard they were ready to hear him as to any thing material which he would offer to their consideration before the Sentence given relating to the Defence of himself concerning the Matter charged and did then signifie so much to the Prisoner who made use of that leave given only to protest his respects to the Peace of the Kingdom and Liberty of the Subject and to say That the same made him at last to desire That having somewhat to say that concerned both he might before the Sentence given be heard in the Painted Chamber before the Lords and Commons saying it was fit to be heard if it were Reason which he should offer whereof they were Judges And pressing that Point much he was forthwith answered by the Court and told That that which he had moved was a declining of the Jurisdiction of the Court whereof he had Caution frequently before given him That it sounded to further delay of which he had been too much guilty That the Court being founded as often had been said upon the Authority of the Commons of England in whom rested the Supream Jurisdiction the motion tended to set up another or a co-ordinate Jurisdiction in derogation of the Power whereby the Court sate and to the manifest delay of theif Justice in which regard he was told they might forthwith proceed to Sentence yet for his further satisfaction of the entire Pleasure and Judgment of the Court upon what he had then said he was told and accordingly it was declared that the Court would withdraw half an hour The Prisoner by command being withdrawn the Court make their recess into the Room called The Court of Wards considered of the Prisoners Motion and gave the President Direction to declare their Dissent thereto and to proceed to the Sentence The Court being again set and the Prisoner returned was according to their Direction informed That he had in effect received his Answer before the Court withdrew and that their Judgment was as to his Motion the same to him before declared That the Court acted and were Judges appointed by the Highest Authority and that Judges were not to delay no more than to deny Justice That they were good words in the great old Charter of England Nulli negabimus nulli vendemus nulli differemus Justitiam vel Rectum That their Duty called upon them to avoid further Delays and to proceed to Judgment which was their unanimous Resolution Unto which the Prisoner replied and insisted upon his former Desires confessing a delay but that it was important for the Peace of the Kingdom and therefore pressed again with much earnestness to be heard before the Lords and Commons In Answer whereto he was told by the Court That they had fully before considered of his Proposal and must give him the same Answer to his renewed desires and that they were ready to proceed to Sentence if he had nothing more to say Whereunto he subjoyned He had no more to say but desired that might be Entred which he had said Hereupon after some Discourse used by the President for vindicating
Lords and Commons This Delay cannot be prejudicial unto you whatsoever I say If that I say no reason those that hear me must be Judges I cannot be Judge 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 before-hand 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 not hear your King Bradshaw Sir You have now spoken King Yes Sir Bradshaw And this that you 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 declining of it you do judge Me before you hear me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge 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 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 Bradshaw Sir This is not altogether new that you have moved to us not altogether new to us though 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 Bradshaw 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 their 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 Supream Jurisdiction That which You now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well You express Your self 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 hear You say so But Sir that You would offer there whatever it is must needs be in Delay of the Justice here so as 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 the disturbance of their Scene by one of their own Members Col. John Downes who could not stifle the Reluctance of his Conscience when he saw his Majesty press so earnestly for a short Hearing but declaring himself unsatisfied forced them to yield to the King's Request King Shall I withdraw Bradshaw 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 Then withdrawing into the Chamber of the Court of Wards their Business was not to consider of His Majesties Desire but to chide Downes and with Reproachs and Threats to harden him to go through the remainder of their Villany with them Which done they return and being sate Bradshaw commanded Serjeant at Arms Send for your Prisoner Who being come Bradshaw 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 hath been often said upon the Supream Authority of the Commons of England Assembled in Parliament The Court acts accordingly 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 nulli 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 Resolution 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 Kingdoms 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 loook at alone it is the Kingdoms Welfare and the Kingdoms Peace It is an old Sentence That we should think on long before we resolve of 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 eight days was the day I came here first but a little Delay of a Day or two further may give Peace whereas