bring this Design to pass he hath prosecuted it with Fire and Sword Levied and maintained a cruel VVar in the Land against the Parliament and Kingdom whereby the Country hath been miserably wasted the Publick Treasure Exhausted Trade decayed thousands of People murdered and infinite other mischiefs committed For all which high and treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign Punishment VVhereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the distempers of the Kingdom did forbear to proceed Judicially against him but found by sad Experience that such their Remisness served only to encourage him and his Complices in the continuance of their evil practices and in raising of new Commotions Rebellions and Invasions for prevention therefore of the like or greater Inconveniences and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Nation and to expect Impunity for so doing Be it Ordained and Enacted by the Commons in Parliament and it is hereby Ordained and Enacted by Authority thereof That Thomas Lord Fairfax Oliver Cromwell Henry Ireton Esquires Sir Hardress Waller Knight Philip Skippon Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingoldsby Henry Mildmay Esquires Sir Thomas Honywood Thomas Lord Grey of Groby Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Sir James Harrington Sir William Allanson Sir Henry Mildmay Sir Thomas Wroth Knights Sir William Masham Sir John Barrington Sir William Brereton Baronets Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Rowland Wilson Aldermen of the City of London Sir Peter Wentworth Knight of the Bath Henry Martin William Purefoy Godfrey Bosvile John Trenchard Herbert Morley John Berkstead Matthew Tomlinson John Blackiston Gilbert Millington Esquires Sir William Constable Baronet Edmond Ludlow John Lambert John Hutchinson Esquires Sir Arthur Hesilrige Sir Michael Livesey Baronets Richard Salwey Humphry Salwey Robert Tichbourn Owen Roe Robert Manwaring Robert Lilbourn Adrian Scroop Richard Deare John Okey Robert Overton John Huson John Desborough William Goff Robert Duckenfield Cornelius Holland John Carey Esquires Sir William Armyn Baronet John Jones Esquire Miles Corbet Francis Allen Thomas Lister Benjamin Weston Perigrin Pelham John Gourdon Esquires Francis Thorp Serjeant at Law John Nutt Thomas Challoner Algernon Sydney John Anlaby John Moore Richard Darley VVilliam Say Joh. Aldred John Fagg James Nelthorp Esquires Sir VVilliam Roberts Knight Francis Lastells Alexander Rigby Henry Smith Edmond VVild James Challoner Josias Berners Dennis Bond Humphrey Edwards Gregory Clement John Fry Thomas VVogan Esquires Sir Gregory Norton Baronet John Bradshaw Serjeant at Law Edmond Harvey John Dove John Ven Esquires Iohn Fowks Alderman of the City of London Thomas Scot Esquire Thomas Andrews Alderman of the City of London William Cawley Abraham Burrell Anthony Stapeley Roger Gratwick Iohn Downs Thomas Horton Thomas Hammond George Fenwick Esquires Robert Nicholas Serjeant at Law Robert Reynolds Iohn Lisle Nicholas Love Vincent Potter Esquires Sir Gilbert Pickering Baronet Iohn Weaver Roger Hill Iohn Lenthall Esquires Sir Edward Banton Iohn Corbet Thomas Blunt Thomas Boon Augustine Garland Augustine Skinner Iohn Dixwell George Fleetwood Simon Meyne Iames Temple Peter Temple Daniel Blagrave Esquires Sir Peter Temple Knight and Baronet Thomas VVayte Iohn Brown Iohn Lowry Esquires Shall be and are hereby Appointed and Required to be Commissioners and Judges for the Hearing Trying and Adjudging of the said Charles Stuart And the said Commissioners or any Twenty or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster and to adjourn from time to time and from place to place as the said High Court or major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned and for the receiving of his personal Answer thereunto and for the examination of VVitnesses upon Oath which the Court hath hereby Authority to administer or otherwise and taking any other Evidence concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and such final Sentence to execute or cause to be executed speedily and impartially And the said Court is hereby Authorized and required to appoint and direct all such Officers Attendants and other circumstances as they or the major part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises And Thomas Lord Fairfax the General and all Officers and Soldiers under his command and all Officers of Justice and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed Provided That this Act and the Authority hereby granted do continue in force for the space of one Month from the making hereof and no longer Hen. Scobell Cler. Par. Dom. Com. In pursuance of which said Act the House of Commons Ordered as followeth viz. Die Sabbati 6. Jan. 1648. ORdered by the Commons Assembled in Parliament That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart King of England do meet on Monday next at two of the Clock in the afternoon in the Painted Chamber By virtue of which said recited Act and of the said Order grounded thereupon the Commissioners whose Names are here under-written met on Monday the said eighth day of January 1648. in the said Painted Chamber at Westminster where the said Act was openly read and the Court called Commissioners Present Thomas Lord Fairfax Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Valentine Wauton Edward Whaley Thomas Pride Isaac Ewers Sir Gregory Norton Bar. Peter Temple Esq John Ven Esq Thomas Challoner Esq Henry Martin Esq John Berkstead Esq Gilbert Millington Esq Richard Deane Esq Cornelius Holland Esq John Jones Esq John Aldred Esq Henry Smith Esq John Lisle Esq James Temple Esq Adrian Scroope Esq Edmond Ludlow Esq John Huson Esq Thomas Harrison Esq Nicholas Love Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho Maleverer Bar. Sir John Bourchier Sir Henry Mildmay James Challoner Esq Gregory Clement Esq John Fry Esq Augustine Garland Esq Daniel Blagrave Esq Robert Tichbourn Esq Wil. Heveningham Esq William Purefoy Esq John Blackistone Esq William Lord Mounson John Okey Esq John Carew Esq
England was openly read by one of the Clerks of the Court. The Act being read the Court was called every Commissioner present thereupon rising to his Name Commissioners present Westminster-Hall Jan. 20. 1648. John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William Lo. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Berkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Augustine Garland Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregr Pelham Francis Allen. Thomas Challoner John Moore William Say John Aldred Francis Lassells Henry Smith James Challoner Humphrey Edwards Gregory Clement John Fry Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scot. William Cawley Anthony Stapeley John Downs John Dixwell Simon Meyne James Temple Peter Temple Daniel Blagrave John Brown This done the Court command the Serjeant at Arms to send for the Prisoner and thereupon Col. Thomlinson who had the Charge of the Prisoner within a quarter of an hours space brought him attended by Col. Hacker and two and thirty Officers with Partizans guarding him to the Court his own Servants immediately attending him Being thus brought up in the Face of the Court the Serjeant at Arms with his Mace receives him and conducts him straight to the Bar having a crimson Velvet Chair set before him After a stern looking upon the Court and the People in the Galleries on each side of him he places himself in the Chair not at all moving his Hat or otherwise shewing the least respect to the Court but presently riseth up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall the Guard that attended him in the mean time dividing themselves on each side the Court and his own Servants following him to the Bar stand on the left hand of the Prisoner The Prisoner having again placed himself in his Chair with his Face towards the Court and Silence being again ordered and proclaimed the Lord President in the Name of the Court addressed himself to the Prisoner acquainting him That the Commons of England Assembled in Parliament being deeply sensible of the Evils and Calamities that had been brought upon this Nation and of the innocent Blood that had been spilt in it which was fixed upon him as the principal Author of it had resolved to make Inquisition for this Blood and according to the Debt they did owe to God to Justice the Kingdom and themselves and according to that Fundamental Power that rested and Trust reposed in them by the People other Means failing through his Default had resolved to bring him to Tryal and Judgment and had therefore constituted that Court of Justice before which he was then brought where he was to hear his Charge upon which the Court would proceed according to Justice Hereupon Mr. Cooke Sollicitor for the Common-wealth standing within a Bar with the rest of the Councel for the Common-wealth on the right hand of the Prisoner offered to speak but the Prisoner having a Staff in his hand held it up and softly laid it upon the said Mr. Cooke's Shoulder two or three times bidding him hold nevertheless the Lord President ordering him to go on Mr. Cooke did according to the Order of the Court to him directed in the Name and on the behalf of the People of England exhibit a Charge of High Treason and other high Crimes and did therewith accuse the said CHARLES STVART King of England praying in the Name and on the behalf aforesaid that the Charge might be accordingly received and read and due Proceedings had thereupon and accordingly preferred a Charge in writing which being received by the Court and delivered to the Clerk of the Court the Lord President in the Name of the Court ordered it should be read But the King interrupting the reading of it the Court notwithstanding commanded the Clerk to read it acquainting the Prisoner that if he had any thing to say after the Court would hear him whereupon the Clerk read the Charge the Tenor whereof is as followeth viz. A Charge of High Treason and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General appointed by the said Court for and on the behalf of the People of England against CHARLES STVART King of England THat He the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the Good and Benefit of the People and for the Preservation of their Rights and Liberties Yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National Meetings in Councel He the said CHARLES STUART for accomplishment of such his Designs and for the Protecting of himself and his Adherents in his and their wicked Practices to the same Ends hath Traiterously and Maliciously Levied War against the present Parliament and the People therein represented Particularly upon or about the Thirtieth day of June in the Year of our Lord 1642. at Beverley in the County of York and upon or about the Thirtieth day of July in the Year aforesaid in the County of the City of York and upon or about the four and twentieth day of August in the same Year at the County of the Town of Nottingham where and when he set up his Standard of War and also on or about the twenty third day of Octob. in the same Year at Edge-Hill and Keynton Field in the County of Warwick and upon or about the thirtieth day of November in the same Year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the Year of our Lord 1643 at Caversham-Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the Year last mentioned at or near the City of Gloucester 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 thirty first
plain terms for Justice knows no respect of Persons you are to give your Positive and Final Answer in plain English whether you be Guilty or not Guilty of these Treasons laid to your Charge The King after a little Pause said When I was here Yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir You have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the Advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other Discourses till such time as you have given a Positive Answer concerning the Matter that is charged upon you King For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a New Court that I never heard of before I that am your King that should be an example to all the People of England for to uphold Justice to maintain the Old Laws indeed I know not how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the Maintenance of the Liberties of my People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in me lies the Ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known Two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir You must know the Pleasure of the Court. King By your favour Sir Bradshaw Nay Sir By your Favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court The Court craves it not of You but once more they command You to give Your Positive Answer Clerk do your Duty King Duty Sir The Clerk reads CHARLES STVART 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 Final Answer by way of Confession or Denial of the Charge King Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way 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 Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir This is the third time that You have publickly disown'd this Court and put an Affront upon it How far You have preserv'd the Priviledges of the People Your Actions have spoke it but truly Sir Mens Intentions ought to be known by their Actions You have written Your Meaning in bloody Characters throughout the whole Kingdom But Sir You understand the Pleasure of the Court. Clerk Record the Default And Gentlemen You that took Charge of the Prisoner take him back again King I will only say this one Word more to you if it were only My own Particular I would not say any more nor interrupt you Bradshaw Sir You have heard the Pleasure of the Court and You are notwithstanding You will not understand it to find that You are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all Persons which had then appeared and had further to do at the Court might depart into the Painted Chamber to which Place the Court did forthwith Adjourn and intended to meet at Westminster-Hall by Ten of the Clock next Morning Cryer God bless the Kingdom of England Mercurii 24 Jan. 1648. Painted Chamber Three Proclamations made The Commissioners Present John Bradshaw Serjeant at Law Lord President Sir Thomas Maleverer Baronet Thomas Scot. Edward Whalley John Carew Edmund Harvey Owen Roe John Blackistone William Purefoy Henry Smith John Fry Francis Lassels Daniel Blagrave Anthony Stapeley Sir Gregory Norton Bar. William Cawley Robert Tichbourne Henry Marten Oliver Cromwell Sir John Danvers John Moore Richard Deane Vincent Potter Thomas Horton Cornelius Holland John Berkstead Tho. Lord Grey of Groby John Huson John Okey Gilbert Millington John Jones William Goffe Sir John Bourchier Isaac Pennington Ald. of Lond. Simon Meyne Adrian Scroope John Dixwell Isaac Ewers John Aldred Peter Temple Peregrine Pelham Edmund Ludlow John Hutchinson Thomas Pride William Heveningham Sir William Constable Francis Allen. The Court took into Consideration the Manner how the Witnesses should be Examined and in regard the King hath not Pleaded to Issue and that this Examination was ex abundanti only for the further satisfaction of themselves Resolved That the Witnesses shall be Examined to the Charge against the King in the Painted Chamber before the Court there Ordered That Mr. Millington and Mr. Tho. Challoner do forthwith repair unto John Brown Esq Clerk of the House of Peers for such Papers as are in his Custody which are conducible for the Business and Service of this Court and the said Mr. Brown is required to send the said Papers hither accordingly Witnesses Produced and Sworn in Court to give Evidence to the Charge against the King Henry Hartford Edward Roberts William Braynes Robert Lacy.
next day being Tuesday at Twelve of the Clock to the Painted Chamber withal giving Notice that from thence they intended to Adjourn to this Place again Sunday having been spent in Fasting and Seditious Preaching according to the Mode of these Impious Hypocrites who used to Preface Rebellion and Murder with the Appearance of Religion the Illustrious Sufferer was as is before in Phelpe's Journal related placed before the infamous Tribunal vvhere their Mercenary Sollicitor Cooke opened the Tragick Scene thus displaying his Talents of Impudence and Treason Cooke May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give in to this Court a Charge of High Treason and other High Crimes against the Prisoner at the Bar whereof I do accuse him in the Name of the People of England and the Charge was read unto him and his Answer required My Lord He was not pleased to give an Ansvver but instead of ansvvering did there dispute the Authority of this High Court My Humble Motion to this High Court in the behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Ansvver either by vvay of Confession or Negation vvhich if he shall refuse to do that then the Matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshavv Sir You may remember at the last Court you vvere told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other High Crimes against this Realm of England you have heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such Proceedings might be had as should be agreeable to Justice You were then pleased to make some Scruples concerning the Authority of this Court and knew not by what Authority you were brought hither You did divers times propound your Questions and were as often answered That it was by Authority of the Commons of England Assembled in Parliament that did think fit to call you to Account for those High and Capital Misdemeanors wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the vvhole Kingdom are to rest satisfied in and you are to rest satisfied vvith it and therefore you are to lose no more time but to give a positive Ansvver thereunto King When I was here last 't is very true I made that Question and if it were only my own particular Case I would have satisfied my self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be Tryed by any Superior Jurisdiction on Earth But it is not my Case alone it is the Freedom and the Liberty of the People of England and do you pretend what you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this Particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and my People next for the Preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All Proceedings against any Man whatsoever Bradshaw Sir I must interrupt you vvhich I vvould not do but that vvhat you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before vvhom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what your Answer is King Sir By your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer professed But I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a Belief upon any man without Reasons given for it it were unreasonable But I must tell you that by that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir The Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have Ruled and Reigned Sir You are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any Proceeding as Legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason Bradshaw Sir You have offered something to the Court I shall speak something unto you the Sense of the Court. Sir neither you nor any man are permitted to dispute that Point you are concluded you may not demur to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one Precedent Bradshaw Sir You ought not to interrupt while the Court is speaking to you This Point is
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 Authorized by the Supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the Rules of Justice take advantage of these Delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in
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
of the sanguinary desires of the Separatists he may consult a Pamphlet Intituled Justices Plea Printed and Published August 1 st 1644 of which this is the Abridgment The Cruel Miscreant addresses himself to the Assembly of Divines and by that he should be a Presbyterian and vehemently exhorts them to move the High and Honorable Court of Parliament that Justice may be speedily and severely Executed upon all the most Disloyal and Treacherous Enemies of the Kingdom For saith he One if not the main provoking Cause of all our Miseries is that Wrath-provoking Sin of Impunity and not Executing Justice and deserved Punishment upon Eminent Offenders and Malefactors amongst us Then he falls upon quoting and misapplying Scripture and the History of Achan Joshua 7 th and from thence proceeds to charge the Blood of Bohemia the Palatinate Rochel the Isle of Rhee Ireland and England upon the King and Loyal Party whom according to the Presbyterian Rhetorick he Styles Papists Atheists Pontificians and Malignants of all Sorts and Sexes and adds he some of them are put into our Hands as so many devoted Achans accursed ones yet of all of them but one Capital Offender except some Inferiour ones Three in London and as many at Bristol brought by our Renowned Joshua's meaning the Faction of the Two Houses to deserved Death and Destruction P. 1. The Remedy saith he of England's Malady which is a State Gangrene is the serious zealous and unpitying Execution of Justice upon the said Malefactors and by no means out of Pretence of sinful Pity or Partiality to spare the Lives of any whom God hath thus appointed to Death And this he endeavours to prove to be a Duty first from Precepts Gen. Cap. 9. Ver. 6. Whosoever sheddeth Mans Blood by Man shall his Blood be shed This is a general Rule saith he and from one end of the Bible to the other admits of no Exception either of Princes or Peasants Noble or Ignoble So that here you see is a Fatal Blow directly levell'd at the Kings Neck by the Presbyterian Doctrine though the Independents robb'd them of the power of putting it in practice but he goes forward leaving the impressions of his Cloven-footed Tutor upon every step he takes and falls with him to his Scriptum est quoting 1 Sam. Chap. 15. Ver. 2 3. Thus saith the Lord of Hosts I remember that which Amaleck did to Israel how he laid wait for him in the Way when he came up from Egypt Now go and smite Amaleck and utterly destroy all that they have and spare them not but slay both Man and Woman Infant and Suckling Oxe and Sheep Camel and Ass The Royalists were the Amalekites and the most Religious King in the World was in Presbyterian Dialect Agag and this was the Doom to which they were adjudged by these pretended Saints and that too as peremptorily as if God had told them his Will by immediate Revelation as he did to Samuel and had declared the King and his Loyal Subjects his unpardonable Enemies and as Wicked Idolaters as were the Amalekites and their King Agag But the killing Blow was alway that passage Revelations Chap. 18. Ver. 6. Reward her even as she rewarded you and double unto her double according to her works in the Cup which she hath filled fill to her double and then to be sure they came to the dashing out the Brains of the Babylonish Brats the Cavaleers against the Stones Lastly adds he that of the Prophet Jeremy which I most humbly and heartily desire all our Grave and Godly Parliamentary Worthies should be most often and extraordinarily minded of Jer. Chap. 48. ver 10. Cursed be he that doth the work of the Lord deceitfully and Cursed be he that keepeth back his Sword from Blood Here 's a Precept cries out this Son of the Horseleech with a witness indeed a Precept under no less than a Curse yea an ingeminated Curse to shew the certainty and severity of Gods displeasure in the neglect of it yea we see it is called a dealing deceitfully with God and Men to do it slightly much more not to do it at all the Lord give those whom it most nearly concerns care and conscience timely and truly to set upon it Page 3. But lest the Authority of perverted Scripture-Precepts should not be sufficient to stimulate and instigate the Heads of the Faction to so much Cruelty and so many indiscriminating premeditated Murders he proceeds to furnish Presidents to fortifie his bloody Doctrine and first saith he affirmatively Phineas Executed Judgment on Zimri and Cozbi Upon which Text adds he as Reverend and Mellifluous Mr. Marshal in his Sermon observes That one man by his Holy Zeal may be a means to save a whole Kingdom how much more then a whole Parliament punishing Offenders in a Legal way by the Rule of Justice Then he produces Jehu Executing Vengeance upon Joram and Ahaziah two Kings and slaying the seventy Sons of Ahab and the two and forty Brethren of Ahaziah King of Judah 2 Kings Chap. 9 and 10. From Positive he proceeds to Negative Presidents as he calls them to shew that God was displeased for neglecting Executing Vengeance upon Capital Offenders instancing in the Quarrel between the Benjamites and Israelites Judges Chap 20 th the whole Chapter being as he saith the very Case of England comparing the King and his Party to the wicked Benjamites who had committed and justified that inhumane Rape upon the Levites Concubine and the Parliament and Faction to the true Israelites Then he tells you the story of Ahab's permitting Benhadad to escape 1 Kings Chap 20. ver 42. And he said unto him thus saith the Lord because thou hast let go out of thy hands a man whom I appointed to utter destruction therefore thy Life shall go for his Life and thy People for his People Then he instances in Saul's forfeiting his Kingdom for sparing Agag King of the Amalekites 1 Sam. Chap. 15. Ver. 23. Because thou hast rejected the word of the Lord he hath rejected thee from being King A strong push for Deposing and Murdering the King as being rejected of God as Saul was But in regard this was addressed to People who had Pretended most wonderful tenderness of Conscience lest there should be any remains of that he comes now to hardning of them by answering an Objection Obj. What is all this to us of the Ministry Answ It concerns you all very much and you also in the first place even You Reverend Gentlemen Such as are Arch-Enemies to God and his most Righteous Cause who have suck'd the Blood of Gods precious Ones are now held in Prison among us they are only imprisoned but some only pincht in their Purses and set at Liberty at least from danger of Death And this I say nay God says Justice is grievously neglected and the just Wrath of God highly incensed and exasperated against us for the same Now you Reverend Gentlemen are Sentinels and Watchmen Ezek.
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
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
the Parliaments Justice explaining the Nature of the Crimes of which the Prisoner stood charged and for which he was to be condemned and by way of Exhortation to the Prisoner to a serious Repentance for his high Transgressions against God and the People and to prepare for his Eternal Condition The Sentence formerly agreed upon and put down in Parchment-Writing O Yes being first made for Silence was by the Courts Command solemnly pronounced and given the Tenor whereof followeth Whereas the Commons of England Assembled in Parliament have by their late Act Entituled 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 STVART K. of England Authorized and Constituted us an High Court of Justice for the Trying and Judging of the said CHARLES STUART for the Crimes and Treasons in the said Act mentioned By vertue whereof the said CHARLES STUART hath been three several times convented before this High Court where the first Day being Saturday the Twentieth of Jan. instant in pursuance of the said Act a Charge of high Treason and other high Crimes was in the behalf of the People of England Exhibited against him and read openly unto him wherein he was charged That he the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Law of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the Good and Benefit of the People and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked Design to erect and uphold in himself an Vnlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People and to take away and make void the Foundations thereof and of all Redress and Remedy of Misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National Meetings in Councel he the said CHARLES STVART for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practices to the same End hath trayterously and maliciously Levied War against the present Parliament and People therein represented as with the Circumstances of Time and Place is in the said Charge more particularly set forth And that he hath thereby caused and procured many Thousands of the free People of this Nation to be slain and by Divisions Parties and Insurrections within this Land by Invaisons from Foreign Parts endeavoured and procured by him and by many other evil ways and means he the said CHARLES STVART hath not only maintained and carried on the said War both by Sea and Land but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present Year 1648. in several Counties and Places in this Kingdom in the Charge specified and that he hath for that purpose given his Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and employed for the Safety of this Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had Entertainment and Commission for the continuing and renewing of the War and Hostility against the said Parliament and People and that by the said cruel and unnatural War so levied continued and renewed much innocent Blood of the free People of this Nation hath been spilt many Families undone the Publick Treasure wasted Trade obstructed and miserably decayed vast expence and dammage to the Nation incurred and many parts of the Land spoiled some of them even to desolation and that he still continues his Commission to his said Son and other Rebels and Revolters both English and Foreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned by his Procurement and on his behalf And that all the said wicked Designs Wars and evil Practices of him the said CHARLES STVART were still carried on for the Advancement and Vpholding of the Personal Interest of Will Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation And that he thereby hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Dammage Mischief to this Nation acted and committed in the said Wars or occasioned thereby Whereupon the Proceedings and Judgment of this Court were prayed against him as a Tyrant Traytor and Murtherer and publick Enemy to the Commonwealth as by the said Charge more fully appeareth To which Charge being read unto him as aforesaid He the said CHARLES STVART was required to give his Answer but he refused so to do And upon Monday the twenty second day of January instant being again brought before this Court and there required to answer directly to the said Charge he still refused so to do whereupon his Default and Contumacy was Entred and the next day being the third time brought before the Court Judgment was then prayed against him on the behalf of the People of England for his Contumacy and for the Matters contained against him in the said Charge as taking the same for confest in regard of his refusing to Answer thereto Yet notwithstanding this Court not willing to take advantage of his Contempt did once more require him to Answer to the said Charge but he again refused so to do Vpon which his several Defaults this Court might justly have proceeded to Judgment against him both for his Contumacy and the Matters of the Charge taking the same for confest as aforesaid Yet nevertheless this Court for their own clearer Information and further satisfaction have thought fit to examine Witnesses upon Oath and take notice of other Evidences touching the Matters contained in the said Charge which accordingly they have done Now therefore upon serious and mature deliberation of the Premises and consideration had of the Notoreity of the Matters of Fact charged upon him as aforesaid this Court is in judgment and Conscience satisfied that he the said CHARLES STVART is guilty of Levying War against the said Parliament and People and maintaining and continuing the same for which in the said Charge he stands accused and by the general course of his Government Councels and Practices before and since this Parliament began which have been and are notorious and publick and the Effects whereof remain abundantly upon Record this Court is fully satisfied in their Judgments and Consciences that he hath been and is guilty of the wicked Designs and Endeavors
a hasty Judgment may bring on that trouble and perpetual inconveniency to the Kingdom that the Child that is unborn may repent it And therefore again out of the Duty I owe to God and to My Countrey I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint Me. Bradshaw You have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgment of the Court in it And the Court now requires to know whether you have any more to say for your self than you have said before they proceed to Sentence King I say this Sir That if you hear Me if you will give Me but this Delay I doubt not but I shall give some satisfaction to you all here and to my People after that and therefore I do require you as you will answer it at the dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received Direction from the Court. King Well Sir Bradshaw If this must be re-inforced or any thing of this nature your Answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said Bradshaw The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Then Bradshaw went on in a long Harangue endeavouring to justifie their Proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alledging the Examples of former Treasons and Rebellions both at home and abroad as authentick Proofs and concluding that the King was a Tyrant Traytor Murtherer and Publick Enemy to the Commonwealth of England His Majesty having with his wonted Patience heard all these Reproaches answered I would desire only one Word before you give Sentence and that is That you would hear Me concerning those great imputations that you have laid to My Charge Bradshaw Sir You must give me now leave to go on for I am not far from your Sentence and your time is now past King But I shall desire you will hear Me a few Words to you for truly whatever Sentence you will put upon Me in respect of those heavy imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw Sir I must put you in mind Truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of But Sir You haue not owned us as a Court and you look upon us as a sort of People met together and we know what Language we receive from your Party King I know nothing of that Bradshaw You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted And the truth is all along from the first time you were pleased to disavow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much liberty already and admitted of too much Delay and we may not admit of any further Were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and heinous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and they may improve in you a sad and serious Repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have Mercy at leastwise upon your better part Truly Sir for the other it is our Parts and Duties to do that that that the Law prescribes We are not here Jus dare but Jus dicere We cannot be unmindful of what the Scripture tells us For to acquit the Guilty is of equal abomination as to condemn the Innocent We may not acquit the Guilty What Sentence the Law affirms to a Traytor Tyrant a Murtherer and a Publick Enemy to the Country that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O Yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment Whereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of CHARLES STVART 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 Misdemeanors was read in the behalf of the Kingdom of England Here the Charge was repeated Which Charge being read unto him as aforesaid he the said CHARLES STUART was required to give his Answer but he refused so to do Expressing the several Passages of his refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said CHARLES STUART as a Tyrant Traytor Murderer and a Publick Enemy shall be put to Death by the severing of his Head from his Body Which being read Bradshaw added The Sentence now Read and Published is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before Agreed and Ordered His Majesty then said Will you hear me a Word Sir Bradshaw Sir You are not to be heard after the Sentence King No Sir Bradshaw No Sir by your Favour Sir Guard Withdraw your Prisoner King I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold the Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have His Majesty being taken away by the Guard as he passed down the Stairs the insolent Soldiers scoffed at him casting the smoke of their Tobacco a thing very distastful unto him in his Face and throwing their Pipes in his way And one more insolent than the rest spitting in his Face his Majesty according to his wonted Heroick Patience took no more notice of so strange and barbarous an Indignity than to wipe it off with his Handkerchief As he passed along hearing the Rabble of Soldiers crying out Justice Justice he said Poor Souls for a piece of Money they would do so for their Commanders Being brought first to Sir Robert
Cotton's and thence to Whitehall the Soldiers continued tneir brutish Carriage toward him abusing all that seemed to shew any respect or even Pity to him not suffering him to rest in his Chamber but thrusting in and smoking their Tobacco and disturbing his Privacy But through all these Tryals unusual to Princes he passed with such a calm and even Temper that he let fall nothing unbeseeming his former Majesty and Magnanimity In the Evening a Member of the Army acquainted the Committee with his Majesties Desire That seeing they had passed a Sentence of Death upon him and his time might be nigh he might see his Children and Doctor Juxon Bishop of London might be admitted to assist him in his private Devotions and Receiving the Sacrament Both which at length were granted And the next day being Sunday He was attended by the Guard to S. James's where the Bishop Preached before Him upon these Words In the day when God shall judge the Secrets of all Men by Jesus Christ according to my Gospel HIS MAJESTIES SPEECH TO THE Lady ELIZABETH AND HENRY Duke of GLOVCESTER January 29. 1648 9. Of His Majesties Discourse to His Children there being Several Relations it is thought fit to represent the Several Copies I. A True Relation of the King's Speech to the Lady Elizabeth and the Duke of Gloucester the Day before his Death HIS Children being come to meet Him He first gave His Blessing to the Lady Elizabeth and bade her remember to tell her Brother James whenever she should see him that it was his Fathers last Desire that he should no more look upon Charles as his Eldest Brother only but be obedient unto him as his Sovereign And that they should love one another and forgive their Father's Enemies Then said the King to her Sweet-Heart You will forget this No said she I shall never forget it whilst I live and pouring forth abundance of Tears promised Him to write down the Particulars Then the King taking the D. of Gloucester upon His Knee said Sweet-Heart Now they will cut off thy Fathers Head upon which Words the Child looked very stedfastly upon Him Mark Child what I say They will cut off My Head and perhaps make Thee a King But mark what I say You must not be a King so long as Your Brothers Charles and James do live for they will cut off Your Brothers Heads when they can catch them and cut off Thy Head too at last and therefore I charge You do not be made a King by them At which the Child sighing said I will be torn in pieces first Which falling so unexpectedly from one so young it made the King rejoyce exceedingly II. Another Relation from the Lady Elizabeths own Hand WHat the King said to Me the 29 th of January 1648. Being the last time I had the happiness to see Him He told Me He was glad I was come and although He had not time to say much yet somewhat He had to say to me which He had not to another or leave in Writing because He feared their Cruelty was such as that they would not have permitted Him to write to me He wished me not to grieve and torment my self for Him for that would be a Glorious Death that He should die it being for the Laws and Liberties of this Land and for maintaining the True Protestant Religion He bid me read Bishop Andrews's Sermons Hooker's Ecclesiastical Polity and Bishop Laud's Book against Fisher which would ground me against Popery He told me He had forgiven all his Enemies and hoped God would forgive them also and commanded us and all the rest of my Brothers and Sisters to forgive them He bid me tell my Mother that His Thoughts had never strayed from her and that His Love should be the same to the last Withal He commanded me and my Brother to be obedient to Her and bid me send His Blessing to the rest of my Brothers and Sisters with Commendation to all His Friends So after He had given me His Blessing I took my Leave Further He commanded us all to forgive those People but never to trust them for they had been most false to Him and to those that gave them Power and He feared also to their own Souls And desired me not to grieve for Him for he should die a Martyr and that He doubted not but the Lord would settle His Throne upon His Son and that we should be all happier than we could have expected to have been if he had lived With many other things which at present I cannot remember III. Another Relation from the Lady Elizabeth THE King said to the Duke of Gloucester That he would say nothing to him but what was for the good of his Soul He told him that he heard the Army intended to make him King but it was a thing not for him to take upon him if he regarded the Welfare of his Soul for he had two Brothers before him and therefore commanded him upon his Blessing never to accept of it unless it redounded lawfully upon him and commanded him to fear the Lord and he would provide for him Painted Chamber Lunae 29 Jan. 1648. Three Proclamations made The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Richard Ingoldsby Tho. L. Grey of Groby Sir John Bourchier Kt. Henry Marten William Purefoy John Barkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. James Temple John Dixwell Peter Temple Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson William Goffe John Jones Francis Allen. Peregr Pelham John Anlaby William Say Henry Smith Humphrey Edwards John Venn Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter Augustine Garland Simon Meyne Daniel Blagrave Upon Report made from the Committee for considering the Time and Place of the Executing of the Judgment against the King that the said Committee have Resolved That the open Street before White-Hall is a fit Place and that 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 for that purpose which said Warrant was accordingly drawn and agreed unto and Ordered to be Engrossed which was done and Signed and Sealed accordingly as followeth viz. At the High Court of Justice for the Trying and Judging of CHARLES STVART King of England Jan. 29. 1648. WHereas CHARLES STVART King of England is and standeth Convicted Attainted and Condemned of High Treason and other High Crimes and Sentence upon Saturday last was Pronounced against him by this Court to be put to Death by the severing of his Head from his Body of which Sentence Execution yet remaineth to be done These are therefore
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