The Full Proceedings OF THE High Court of Iustice against King CHARLES In Westminster Hall on Saturday the 20. of January 1648. Together With the Kings Reasons and Speeches and his Deportment on the Scaffold before his Execution Translated out of the Latine by J. C. Hereunto is added A Parallel of the late Wars being a Relation of the five years Civill Wars of King Henry the 3d. with the Event of that unnatural War and by what means the Kingdome was settled again London Printed for William Shears at the Bible in St. Pauls Church-yard 1654. 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 indeavour to represent it to you with the exactest faithfulness that can possibly be desired and although others have gone before me on the same subject by the benefit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunal 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 Oyes to invite the people to attention silence was commanded and the Ordinance of the Commons in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof arising 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 spake thus unto him Charls Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happened 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 unto God this Nation and themselves according to the power and fundamentall 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. Cook the Sollicitor Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charls 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 a little 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 Charls Stuart being admitted King of England and therein trusted with a limitted Power to govern by and according to the laws of the Land not otherwise And by his Trust Oath and Office being obliged to use the Power committed to him For the good and benefit of the People and for the preservation of their Rights and Liberties Yet neverthelesse out of a wicked Designe to erect and uphold in himself an unlimitted 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 therof and of all redress and remedy of misgovernment which by the fundamental constitutions of this kingdome were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charls 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 traiterously 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 fourty and two at Beverly in the County of York and upon or about the 30th day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the town of Nottingham when and where he set up his Standard of war And also on or about the twenty third day of October in the same year at Edg-hill and Keinton-field in the Coun-of Warwick and upon or about the thirtieth day of November in the same year at Brainchford in the County of Middlesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred fourty and three at Cavesham-bridge neer Reding 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 Glocester 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 and thirtieth day of July in the year of our Lord One thousand six hundred fourty four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer 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 fourty 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 Northampton At which severall times and places or most of them and at many other places in the land at severall other times within the years aforementioned And in the year of our Lord One thousand six hundred fourty and six he the said Charls 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 Forraign parts endevoured and procured by him and by many other evill wayes and means He the said Charls Stuart hath not onely maintained and 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 places in England Wales and also by sea and particularly he the said Charls Stuart hath for that purpose given Commission to his Son the prince and others whereby besides multitudes of other persons many such as were by the parliament intrusted and imployed for the safety of the nation being by him and his agents corrupted to the betraying of
he himself was but a petty robber and thus Sirs I do think that the way you are in is much out of the way Now Sirs for to put you in the way believe it you will never do right nor will God ever prosper you untill you give God his due and the King his due that is in their course of time my Successors and untill you give the people their due I am as much for them as any of you are You must give God his due by regulating aright his Church according to his Scripture your church is now out of order for to set you particularly in a way now I cannot but onely by a Synod of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a Gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedome consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A Subject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I pray God that it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shal onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little more order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to Religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my Conscience in Religion I think is already very well known to all the world and therefore I declare before you all that I die a Christian according to the profession of the Church of England as I found it left by my Father and this honest man * I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a Gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax pray take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for his Night-cap and having put it on he said to the Executioner Will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall find great Joy and Solace King I go from a corruptible to an incorruptible Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the Executioner Is my hair as it should be He then did put off his cloak and his George which he gave to Doctour Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the Block he said unto the Exkcutioner you should make it to be steddie Execut It is so King It might have been something higher Execut It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooping down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the Sign Execut So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi The present Warre parralel'd Or A brief Relation of the five years Civil Warres of Henry the the third King of England with the event and issue of that unnaturall War and by what course the Kingdome was then settled again HEnry the third of of that Name a man more pious than prudent a better man than King swayed the Scepter of this Kingdome 56. years The former part of his Reign was very calm the latter as tempestuous The main Tempest was thus raised the King for many years during that high calm had sequestered himself wholly to his harmlesse sports and recreations and intrusted the whole managery of the State to his officers Ministers These taking advantage of his Majesties carelesnesse the main fault of this King insensibly suck'd and drained the Revenues of Crown and Kingdome till the King awakened by extream necessity began to enquire not how he came in for his necessities would not permit that but how he might get out The best way that his evil Counsellours could find to relieve their Master and save themselves was the ordinary way of supply in Parliament declined to have recourse to Monopolies Patents and other extraordinary and illegal Taxations But praeter naturall courses are never
long-lived the free born English would not long endure such slavery When the King saw there was no other remedy he throws himself into the bosome of his people for relief and advise in * Parliament * where they undutifully taking advantage of his Majesties extremities in stead of relief outbrave him publickly with a * Catalogue of all the mistakes and all the misfortunes of his former government which coming to the peoples ears soon stole away their hearts and alienated their affections from their Soveraign and left him wholly to the mercy and will of his Parliament They sensible hereof and that the reins of Government were now cast upon their necks like Apollo's Horses when Phaeton had the driving of them ran violent by courses till they set the whole Kingdome on fire So far they went as to make an Ordinance That whereas there was a present want of a through Reformation in the State the Government whereof should be put into the hands of four and twenty Qui Regia potestate suffulti who being armed with Soveraign power should take upon them the whole care and Government of the Kingdome should nominate and appoint the Chancellour Treasurer Chief Justices Governours of Forts Castles and Navie and all other great Officers and Ministers of State for all times to come To this traiterous Ordinance the King Metu incarcerationis perpetuae compulsus est consentire for fear of perpetuall imprisonment was inforced to give his Royall assent and for further security to be content to give it under the great Seal and upon Oath that whensoever he attempted to assume unto him his Regall Power Liceat omnibus de Regno nostro contra nos insurgere ad gravamen nostram opem operam dare ac si nobis in nullo tenerentur It should be lawfull for all his Subjects to rise against and oppose him as if they owed no allegiance to him Strange it is that he should be content to be a meer Cipher that so lately was the onely Figure of the whole Kingdome that he should be content to part with at once with every tittle of Soveraignty but the bare title but prodigious that so many choice Senators so many Fathers and Judges of Law and conscience should so forget God and themselves as to give their assent for the totall subverting of the Regall authority when as they had all taken their corporall oathes De terreno honore dicto Regi haeredibus ejus servando Which Oath was well kept saith mine Authour Ordinando ne unquam regerent sed semper ab aliis regerentur by making an Ordinance that they should never rule again but alwayes be ruled by others These four and twentie thus setled continue the Parliament during their pleasure put the Kingdome in a posture of Defence place Governours of their own choosing Such as they could confide in in the chief Forts nominate and appoint Judges of Assize Sheriffes of Counties Coroners Bailiffe discharging those that were made by the King Took an Oath of them all respectively And here they would make the people believe they should never be troubled with licentious Soveraigntie again but never more as it proved for now every one of them began to value his own worth and to hammer his head on every design that might enlarge his own power and command In brief of so many subjects they became totidem tyranni as the book of Saint Albanes speaks so many Tyrants and for one bad King before they have four and twentie worse But England like old Rome cannot long endure more Kings than one great faction and deadly feud arose between the chiefest of them which the rest taking into consideration and perceiving that by so many heads not onely Monarchy was dissolved but faction and debate every day increased upon them so wrought that all but five agreed that the foresaid Ordinance should be repealed and the King restored to his pristine power But those five Members stifly oppose this agreement and for the maintenance of their cause trahunt multos pseudo prophetas lupos in ovium vestimentis qui contra Christi Vicaraos Christū Domini Regē ipsum murmurant non ut spiritus sanctus eloqui sed ut superioris potestatis contemptores obloqui dabant they drew to their side many lying Ministers Wolves in the sheeps clothing who murmure and speak evil against the Lords anointed not as the Holy spirit gave them utterance but as the despiser of dignities gave them their Lessons These Incendiaries by their sheeps clothing a fair conversatiō drew the people every where to side with them against the K. and those that wisht the King his former power Which the King perceiving and how the multitude grew every day more and more tumultuous for all things were now carried by tumults was advised by his Privy Councel to withdraw himself lest His person might be endangered from the Parliament then held at Westminster to His Castle of Windsore After some contestation at this distance it was agreed upon by the King and his adherents and the five members and their adherents that the difference should be referred to the French Kings arbitrement * The King of France upon the day of hearing gave sentence that the said Ordinance whereby the King was deprived of his Regall power should be made null The five members and their complices seeing this notwithstanding they had bound themselves by oath to stand to his award flew off and resolving to have their own wills drew into arms made choice of the Earl of Leicester for their General for their own private interest pretending the publick good drew the greatest part of the Kingdom after them * so easie it is to draw the fickle multitude to the wrong side crying every where at first Liberty and Religion though towards the end of the warre not a word of either By their fair pretences they gained so farre upon the Londoners that they generally enter into a Covenant to assist the Earl For which purpose besides a new Major or Bailiffe they choose two Commanders Thomas Pywelsden and Stephen Buckerell at whose command by the towling of Saint Pauls great Bell they were to be in armes upon any occasion Their first exploit was a march to Isleworth in a tumultuous manner where they plundered and fired the Kings brothers Mannour house The Earls Army by this time on their march plundered all that were disaffected to their cause and proceedings and imprisoned them * especially those that stood any way affected to the Queen for they all but most of all the Londoners were most maliciously bent against her insomuch that as she was passing the Thames near the bridge a rude rabble of the City got together on the bridge and with confused yellings cryed Drown the witch c. and by throwing dirt and stones at her drave her back which impious
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 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 than 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 behalf 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 and 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 directions to me and therefore on their behalf 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 final 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 to answer the charge after you have done that you shall be heard at large to make the defence you can for your self but Sir the Court commands me to make known unto you that you are not permitted 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 know 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 Kingdom therefore untill I be satisfied that this is not against the fundamentall 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 prisoner 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 Treaty I was hurried away and brought hither and therefore I would President Sir you must know the pleasure of the Court King By you 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 doâ—h 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 behalf 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 again unto you If therby I may give satisfaction to the people of England of the uprightness 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 I would not say any more nor interrupt you at all President Sir you have heard the pleasure of the Court and notwithstanding you will not understand it you are to finde that you are before a Court of Justice The King going forth Proclamation was made that all
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 Neverthelesse that which you have propounded seems to be contrary to what 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 dayes 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 kinde 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 Suprem Jurisdiction That which you now tender to the Court is to be tryed by another jurisdiction a co-ordinate jurisdiction I know very well how you have expressed your self and that not withstanding what you would propound to the Lords and Commons yet nevertheless 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 whilest you have moved the Court shall withdraw for a time King Shall I withdraw President Sir you shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms the Court gives command that the prisoner withdraw and that about half an hour hence the prisonner be returned again The time being expired the Court returned and the Lord President commanded the Serjeant at Arms to send for his prisonner 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 Lords and Commons in the Painted Chamber for the peace of the Kingdome Sir you did in effect receive an Answer before the Court adjourned Truly 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 expresse Order from the Court to acquaint you that they have been too much delaied 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 justitium 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 they might long since have proceeded to judgment against you therefore notwithstanding what you have offered they are resolved to proceed to punishment to judgment 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 confesse I do believe it would have been advantagious to the peace of the Kingdome if you would have been pleased to take the pains to show the lawfulnesse 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 Kingdome the peace of the kingdome It is an old saying that we should think on long but perform great matters suddainly Therefore Sir I do say again I do put at your doores all the inconveniencies of a hasty Sentence I have been here now a full week this day eight daies 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 judgement may bring such a perpetual trouble inconvenience upon it that is the childe unborn may repent it And therefore once more out of the duty I ow 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 judgment of the Court in it and the Court would now be satisfied from you whether you have any more to say for your self than 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 entered what I have said President The Court Sir then hath something else to say to you which although I know will be very unwelcome yet notwithstanding they are resolved to discharge their duty Sir you have spoken very well of a pretious thing that you call a peace and it were much to be wished that God had put it into your hart that you had as effectually endeavoured and studied the peace of the kingdom 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