granted to Five Bishops to Execute his Office After which the Bishop Published a Narrative of the Cause and Manner of his Suspension Five of those Gentlemen who were Imprisoned about the Loan had their Habeas Corpus granted and were brought to their Tryal before Sir Nicholas Hyde Lord Chief Justice where after arguing the Case between Council on both sides the L. Chief Justice concluded That since they were Committed by the Kings Authority the Court could not Free them so that they were remanded to Prison till the Order came out for a General Release The Irish Papists in hope of some Remission of the Penal Laws offered to Furnish the King at their own Charge with a standing Army of 5000 Foot and 500 Horse and a large Contribution for securing the Narrow Seas which was opposed in England by Sir John Savil and in Ireland by the Lord Primate of Armagh and divers others as tending to preserve the Papists Interests and sinking the Protestants upon which the L. Deputy moved the Primate to endeavour to prevail with the Protestants to supply the Kings Necessities which he attempted to do in a very learned Speech though not with the expected Success In 1627 being the Third Year of his Majesties Reign the Duke of Buckingham to clear his Reputation as to the Charge of Negligence in his Admiralship with much ado compleated his Naval Forces consisting of Six Thousand Horse and Foot in Ten Ships Royal and Ninety Merchant Men with which he set Sail from Portsmouth June 27 and published a Manifesto of the Kings Affection to the Reformed Churches in France and his displeasure against the last misimploying of his Ships against the Rochellers But by several Accidents this great Design miscarried with the Death of near Two Thousand common Souldiers Thirty Prisoners of Note and Fourty four Colours taken But notwithstanding this Expedition of the Isle of Rhe miscarried yet at Sea there was somewhat better Success a great French Ship was taken upon the Coasts of Holland Laden with great Guns Arms and Ammunition of all sorts to a very considerable value Sir John Pennington likewise took Thirty Four Rich French Merchantmen homeward bound which were all safely brought to England the poor remains of the Army which came from the Isle of Rhe most of them Irish and Scots and consequently rude and boisterous were quartered in the Countrey Villages which was very troublesome to the People At this time the Exchequer was very low and several late Enterprizes having miscarried the Rochellers being also now more distressed than ever the causes of these evils were gravely represented by Sir Robert Cotton to several Lords of the Councill whereupon it was resolved on by the Council that a Parliament should be called and Writs were presently Issued out A Commission likewise passed under the Great Seal for raising Moneys through the Kingdome in Nature of an Excise and the Lord Treasurer was ordered to pay Thirty Thousand Pound to Philip Burmelack a Dutch Merchant to be returned to Sir William Balfour and John Dalbier in the Low Countreys for raising a Thousand Horse which caused strange jealousies and suspicions among the People as if these German Horse were designed to inforce the payment of the Excise There was some discourse about Levying Ship money but it was declined at that time because of the Parliament approaching In the mean time a company of Jesuites were apprehended in an House at Clerkenwell which was designed for a Colledge of that Order where among other Papers a Letter was found discovering their secret Designs they had laid for imbroiling Church and State Upon the 17th of March 1627 the Parliament Assembled the Commons chusing Sin John Finch Speaker the King in a Speech tells the two Houses That the greatness of the danger was such as required a speedy Supply and that therefore they might rest assured it was the principal cause of their Meeting wherein he hoped they would shew themselves such true Patriots of the true Religion the Laws and Liberties of this State and the just defence of their Friends and Allies now in such hazard by Popish Enemies as not to deceive his Expectations which were very great though indeed somewhat nipt by Remembrance of the Distractions of the last Meeting The Lord Keeper likewise Inforc'd the Kings Speech and earnestly pressed them to consider of some speedy way for Supplying his Majesties Necessities Before the Parliament began any debate a Letter came to them Directed To the Members of the House of Commons called A Speech without Doors discovering the Grievances and Inconveniences of the State from one who had been a Member of the former Parliament The first thing taken into Consideration by the Commons was the Grievances of the Kingdom and the first thing Insisted on was the Case of those Gentlemen for refusing the Loan and who notwithstanding their Habeas Corpus were Remanded to Prison and after a long Debate between several Members who asserted the Illegality of the Loan and also their Imprisonment for refusing it the Lord Chief Justice Hyde and several other Judges were desired to declare themselves who justified their own proceedings alledging That if they had granted them Bail upon Habeas Corpus it would have reflected upon the King as if he had unjustly Imprisoned them But in conclusion it was resolved upon the Question in the House of Commons Nemine Contradicente 1. That no man ought to be restrained by the Command of the King or Privy Council without some Cause of the Commitment 2. That the Writ of Habeas Corpus ought to be granted upon Request to every Man that is restrained though by the Command of the King the Privy Council or any other 3. That if a Freeman be imprisoned by the Command of the King the Privy Council or any other and no Cause of such Commitment expressed and the same be returned upon an Habeas Corpus granted for the said Party then he ought to be delivered or Bailed Then the Parliament proceeded to draw up a Petition against Popish Recusants consisting of these particulars 1. That all Laws and Statutes against Jesuites and Popish Priests be put in power and Execution 2. That a strict course be taken for the Apprehending and Discovering of them 3. That all Popish Recusants be prohibited from coming to Court or within Ten Miles of London 4. That no place of Trust or Authority shall be committed to Popish Recusants with several other particulars to the same purpose which Petition was presented from the Lords and Commons to the King by the Lord Keeper who gave a full and satisfactory Answer to every Article after which Five Subsidies were granted to the King which gave so great satisfaction to his Majesty that he sent them Word He would deny them nothing of their Liberties which any of his Predecessors had granted A Petition was then presented against Quartering Souldiers in the Countries to which the King promised an Answer in convenient time
Son and Heir for Rape and Sodomy many unnatural and beastly Actions being proved against him whereupon he received Sentence to be Hanged but had the Favour to be Beheaded at Tower-hill This Earl was born of a very honourable Family and educated in the Protestant Religion but turned Papist to have the more liberty to commit wickedness in which he grew to so great aheight that he impudently declared in the presence of some Lords As others had their several Delights some in one thing some in another so his whole Delight was in damning Souls by enticing Men to such Acts as might surely effect it About this time Sir Giles Allington was Convented for Marrying his own Niece and was fined Twelve thousand Pound to the King and to give Twenty thousand Pound Bond never to cohabit or come in private with his Niece again and both of them to do Penance at St. Pauls Cross or St. Maries in Cambridge which they accordingly did The Protestants were very much discontented in Ireland that the Papists were discharged from paying the State Penalty of Twelve Pence a Sunday for not going to Church whereby their Number was wonderfully increased Whereupon the King recalled the Lords Justices who then governed that Kingdom and sent Viscount Wentworth afterward Earl of Strafford thither as Lord Deputy as judging that these distempers would be better composed under a single Government In the year 1633 and the 9th of his Majesties Reign the King made a Journey into Scotland attended with several of the Nobility and Persons of Quality and June 18 was solemnly Crowned King at Edenbourgh which Solemnity being finished the King calls a Parliament and passeth an Act for Ratification of the old Acts though some affirmed That the Confirmation of Episcopacy was intended thereby and therefore though in vain opposed it upon which some of those Persons became a while after principal Men among the Covenanters In this Scottish Parliament that Nation shewed then some signs of diaffection to the King by Reason of several Acts which then passed and the generality of the People who without doubt were influenced by the greater Malecontents would not suffer the Bishop of Dumblain Dean of the Kings Private Chappel there to perform Prayers twice a day after the English manner neither durst they receive the Communiou on their knees nor wear a Surplice upon Sundays and Holy days Not long before his Majesty went to Scotland being desirous if possible to have prevented that Trouble the King writ to a Scottish Lord who was intrusted with that Crown to bring it into England that he might be Crowned here but the Lord returned Answer That he durst not be so false to his Trust but if his Majesty would be pleased to accept thereof in Scotland he should find those his People ready to yield him the highest Honour but if he should long defer that Duty they might perbaps be inclined to make choice of another King A very strange and unusual Answer from a Subject to a Prince October 13 1633. The Queen was delivered of her Second Son who was Baptized James and designed Duke of York and about that time died George Abbot L. Archbishop of Canterbury and William Laud Bishop of London was Elected into his place In the Year 1634 the English Coasts were very much Infested by Pyrates and the Fishing Trade almost ingrossed by the Hollanders and his Majesty having occasion for Money to Regain his Absolute Dominion over the Brittish Seas the Design of Shipmoney was first set on foot and Attorney General Noy being consulted about it he out of some old Records finds an Ancient President of Raising a Tax upon the Nation by the Authority of the King alone for setting out a Navy in case of danger which was thereupon accordingly put in Execution and by this Tax the King raised by Writ above Twenty thousand pound a Month though not without great discontent both among the Clergy and Laiety The Discontents in Scotland began to increase and a Book was published charging the King with indirect proceedings in the last Parliament and a tendancy to the Romish Belief and to blow up these Scoth Sparks to a Flame Cardinal Richlieu sent over his Chaplain and another Gentleman to heighten their Discontents The Author of that Book was seized and found to be abbetted by the Lord Balmerino the Treacherous Son of a perfidious Father who was thereupon Arraigned by his Peers and Sentenced to Death but Pardoned by the King At this time Gregory Panzani a Priest was sen over by the Pope with a Commission of Oyer and Terminer to decide the difference between the Jesuites and Secular Priests and Insinuating himself into the Favour of the Lord Cottington and Secretary Windebank he endeavours to discover how far the King might be perswaded about giving Toleration to the Popish Religion as to allow them a Popish Bishop to reside here but nominated and limited by the King and that the Pope might send a Nuncio to the Queen but having made some agreement between the Jesuites and Priests Panzani returned to Rome and left the further transacting of Business to Seignior Con who staid in his room In the year 1635 A Noble Fleet was fitted out by the Supply of Shipmoney consisting of Forty Sail under the Earl of Lindsey to scour the Seas from Pyrates at which time the French and Hollanders had confederated against the Spaniard in Flanders both by Land and Sea but the English Fleet removed the Hollanders from before Dunkirk and the Common People inraged by the French insolencies at Land rose up against them and Assisted the Spaniard to expel them the Countrey One Robert Par of Shropshire a Man almost an Hundred and threescore years old was this year brought to London by the Earl of Arundel as a Rarity or Miracle where he dyed soon after though it is very probable he might have lived much longer if he had continued at home for his removal from his own Air change of Diet and the tediousness of so long a Journey may be supposed to have hastned his end December 23 1635. the Lady Elizabeth the Kings Second Daughter was born and to Congratulate the Queens happy delivery the Hollander sent an Ambassador with a present of an extraordinary value that is a Massy Piece of Ambergreece Two large and almost Transparent China Dishes a Clock of most excellent Workmanship which was made by Rodulphus Emperour of Germany and likewise several curious pieces of Painting Dr. William Juxon Bishop of London about this time was made Lord Treasurer in the place of the L. Weston Earl of Portland deceased And now great differences arose about Church matters chiefly occasioned by Arch Bishop Lauds strict and zealous Enjoyning of Ceremonies as placing the Communion Table at the East end of the Church upon an Ascent with Rails Altar fashion with many other things not formerly strictly insisted on and now vehemently opposed by those who were usually called Puritans and
done His Character is Expressed by the King his Master in his Eikon Basilike who said He looked upon the Earl of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to Imploy him in the greatest Affairs of State The fall of this powerful man so startled other great Officers of State that several resigned their places About the same time some discontents arose between the Parliament and the English Army in the North but a while after both Armies were disbanded The payment of Tonnage and Poundage had been much questioned since 1628 but now the King at the request of the Commons was content to relinquish his Claim to it and afterward pasied a Bill for Pole-money and two others for putting down the Star chamber and High Commission Courts which had proceeded with too much severity having so far out grown the power of the Law that they would not be limited nor guided by it July 5. A Charge was brought into the House of Commons against Dr. Wren Bishop of Ely being accused of some Treasonable Misdemeanors in his Diocess who thereupon Voted him unworthy and unfit to hold or exercise any Office or Dignity in Church or State and desired the Lords to join with them to request the King for his Removal from his service and so he was committed to the Tower and about the same time the Writs for Ship money and all the Proceedings therein were by the Kings consent adjudged void and 5. of the Judges that gave their Opinions for it were Impeached of high misdemeanors that is Bramston Trevor Weston Davenport and Crawly and Berkly another of the Judges was accused for Treason but no further prosecution was made therein August 6. Both the English and Scotch Armies were disbanded and four-days after the King went toward Scotland and was entertained with great demonstrations of Affection by that Nation and conferred several Places of Honour and Power upon divers of them confirming likewise the Treaty between the two Nations by Act of Parliament October 23 1641. A Horrid and Notorious Rebellion broke out in Ireland which was managed with such secrecy that it was not discovered till the night before it was to have been put in Execution which was in divers places carried on with such fury that Two hundred thousand English Men Women and Children were in a short space barbarously murdered by all manner of most cruel torments that their Devlish minds could invent And this was chiefly occasioned by the Instigation of the Irish Popish Priests Monks and Fryers who every where declaimed loudly against the Protestants saying That they were Hereticks and not to be suffered any longer to live amongst them That it was no more sin to kill one of them then to kill a dog and that it was a mortal and unpardonable sin to relieve or protect any of them Yea the Priests gave the Sacrament to divers of the Irish upon Condition they should spare neither Man Woman nor Child of the Protestants saying That it did them a great deal of good to wash their hands in their blood and that they were worse than Dogs and if any of them died in the Quarrel before their bodies were cold their souls should be in Heaven without ever calling in at Purgatory by the way This bloody Rebellion happened in a time wherein the Irish had all the Priviledges and Liberty they could reasonably expect and the ancient hatred which the Irish had born to the English did now seem to be forgotten Forty Years of Peace having compacted and cemented them together both by Alliances and Marriages which were all now miserably broken and destroyed The Castle of Dublin wherein were Ten thousand Arms and all other Forts and Magazines in the Kingdom were to have been surprized and all the English Protestants that would not joyn with them were to be murdered but the seizing of the Castle was happily prevented by one Owen Conally from some discourse accidentally in a Tavern with one Hugh Mac Mahon Grandson to the Great Earl of Tyrone the night before the intended Execution Upon this Discovery Mac Mahon and Lord Mac-Guire were seized by the Lord Chief Justices of Ireland and many Principal Conspirators escaped that night out of Dublin so was Dublin saved that all Ireland might not be lost in one day But the horrid Design was past prevention as to the General for the Conspirators were in Arms at the day appointed in all the Counties round about and poor English Protestants daily arrived there robbed and spoiled of all they had giving lamentable Relations how their Houses were seized the Towns and Villages fired and in all parts all manner of cruel Outrages and Villanies committed The Lords Justices Sir William Parsons and Sir John Burlace taking those Arms which they found in Dublin and Arming whom they could to defend themselves sent Sir Henry Spotswood to the King then in Scotland with an Account of all that happened who dispatched Sir James Stuart with Instructions to the Lords of the Privy Council in Ireland and to carry all the Money his present Stores would supply He likewise moved the Parliament of Scotland as being nearest for their assistance but they excused it because Ireland was a dependant upon the Crown of England but if the State of England would use any of their men for that service they would make Propositions in order to it At the same time likewise the King sent Post to the Parliament of England and a while after Owen O Conally the First Discoverer of the Plot came to London and brought Letters to the Earl of Leicester who was chosen Deputy but not yet gone over wherein the Lords Justices desired some Reward might be given him upon which the Parliament Voted him a Gift of 500 l. and an Annuity of 200 l. a year and at a Conference of both Houses they passed several Votes for the Relief of Ireland yet little was done till the Kings return from Scotland which was about the end of November The Irish to dishearten the English from any resistance bragged That the Queen was with their Army That the King would come amongst them also and asist them That they did but maintain his Cause against the Puritans That they had the Kings Commission for what they did shewing indeed a Patent themselves had drawn but thereto was affixed an Old Broad Seal which had been taken from an Ancient Patent out of Farnham Abby by one Plunket in the presence of many of their Lords and Priests as was afterwards attested by the Confession of several That the Scots were in the Confederacy with them And to seem to confirm this last they abstained for some time from destroying the Estates or murdering any of that Nation And on the otherside to incourage the Irish they produced pretended Letters wherein they said they were informed from England That the Parliament had passed an Act all the Irish should be compelied to the Protestant worship
that I have of my own preservation I should have gone another way to work than that I have done Now Sir I conceive that an hastie Sentence once past may be sooner repented than recalled And truly the self same desire that I have for the Peace of the Kingdome and the Liberty of the Subject more than my own particular does make me now at last desire That having something for to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons this delay cannot be prejudicial to 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 very well it is worth the hearing Therefore I do conjure you as you love that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant Me the hearing before any Sentence be passed 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 'le retire and you may think of it but if I cannot get this Liberty I do here protest that so fair shews of Liberty and Peace are pure shews and not otherwise then that you will not hear your KING President Sir You have now spoken King Yes Sir President 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 Liberties of the Subject then the shame is mine Now I desire that you will take this into your consideration if you will I 'le withdraw President Sir this is not altogether new that you have moved unto 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 President 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 your 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 delayes as these neither may the Kingdom nor Justice well bear You have had three several dayes 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 Supreme 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 nnd 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 in justice 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 King Shall I withdraw President Sir you shall know the pleasure of 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 The Court withdraws for half an hour and returns President Serjeant at Arms send for your prisoner 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 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 Supreme 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 JUDGES and Judges are no more to delay than they are to deny justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli 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 have long since proceeded to judgment against you and notwithstanding what you have offered they are resolved to proceed to punishment 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 confess I think it would have been for the Kingdoms peace if you would have taken the pains for to have shown 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 look on alone it is the Kingdoms welfare and the Kingdoms peace it is an old sentence That we should think on long before we have resolved of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of an hasty Sentence I confess I have been here now I think this week this day eight daies was the day I came here first but a little delay of a day or two further may give peace whereas an Hasty Judgment may bring
was not admitted in whereupon the King with his Guard of Pensioners were resolved to force their Entrance which the Commons having notice of they suddenly went all out of the House and this was the end of this Parliament After their Dissolution the King publisheth a Declaration of the Causes thereof and then question'd Eleven of the Refractory Members at the Council Table who were all committed to divers Prisons About the same time the Marquis of Huntley Sheriff of the greatest part of Scotland neglecting the Order of the Council for seizing some Priests and Jesuites who publickly said Mass and committed other Insolences at Aberdeen with several other Lords who joyned with him and refused to appear upon Summons and had likewise given notice to the Priests and Jesuites to escape were proclaimed Rebels and Traitors to the King and Kingdom upon which they fled into England The French King having had much loss by the War with England did now therefore propose and conclude a Peace with the King consisting of several Articles A Paper was about this time dispersed abroad containing some Projects how the King might Augment his Revenues without the help of Parliaments upon which the Earls of Bedford Somerset and Clare with others where committed upon Information that they had dispersed some Copies of them but Sir David Fowls soon cleared them who deposed upon Oath that it was contrived near Sixteen years before by Sir Robert-Dudley Son to the Earl of Leicester when he was in Italy The dissolving the last Parliament procured great Animosities in the People against the Prime Ministers of State which occasioned divers Invective Libels to be dispersed abroad whereof one against Bishop Laud was found in the Dean of St. Pauls Yard to this Effect Laud look to thy self be assured thy life is sought as thou art the Fountain of Wickedness repent of thy monstrous sin before thou be taken out of the World and assure thy self Neither God nor the World can endure such a vile Councellor or Whisperer Another very bitter Libel was scattered against the Lord Treasurer Weston On the other side some considering the unsuccesfulness of this and the two former Parliaments advised never for the future to call any more Parliaments and to that end the forementioned Book of Projects was published and addrest to the King proposing some methods to prevent the Impertinency of Parliaments as he called them for time to come by the Example of Lewes 11th of France who pretended that the Commons or Third Estate did incroach too much upon the Nobility and Clergy dissolved it and never after suffered the People freely to Elect their Representatives but nominated certain Eminent Persons himself instead thereof which is called L' Assembly des Notabiles or the Assembly of Chief or Principal Men and the Methods proposed to avoid Parliaments were 1. To have a Fortress in every considerable Town 2. To cause high-ways to be made through all such Towns 3. To make none of the Inhabitants Governors of those Fortresses 4. To let none pass through those Towns without a Ticket 5. To have the Names of all Lodgers taken by Innkeepers 6. To impose a general Oath upon the Subjects not to oppose any of these Contrivances And to increase the Kings Revenue the Advice was 1. To demand the Tenth part of every Mans Estate 2. To buy all Leases upon the Crown Lands 3. To take the benefit of Salt into his own hands 4. To demand a Rate for Sealing the Weights every year 5. To lay a Taxe upon Wools. 6. Upon every Lawyers Fee 7. Upon Inns and Victualling Houses for a Licence 8. Upon all Cattle Flesh and Horses sold in the Market 9. Upon all Lands Alienated 10. To set a Rate upon all Offices in his Majesties Grant 11. To Reduce his Majesties Houshold to board wages 12. To lay a Taxe upon White Meats on fasting days 13. To lay an Imposition upon the Papists Lands 14. To Advance some Hundreds of Persons to Honours 15. To prohibit excess in Apparel which would save the Gentry more Money then what they were Taxed would amount to The Insurection of the Apprentices at Lambeth The E of Strafford beheaded on Towerhill Cheapside Cross pulled down in 1643. Upon May 29. 1630 the Queen was delivered of a Son at St. James's who was Christened Charles and Preserved by Providence to Succeed his Father in these Three Kingdoms as his Rightful Inheritance after the Miseries of a long and tedious Exile from his Native Countrey unto which he was at length happily Restored with the general Consent and Acclamations of the whole Kingdom The King of France and the Prince Elector Yalatine represented by the Duke of Lenox and the Marquis Hamilton were his Godfathers and the Queen Mother of France represented by the Dutchess of Richmond his Godmother It was observed that at his Nativity a Star was seen at Noon-day which might portend some extraordinary Passages of this Princes Life About this time Dr. Leighton was sentenced in the Star Chamber to have his Body Whipt his Fore-head Stigmatized his Ears Cropt his Nose Slit for publishing a Book called Sions Plea wherein he exhorted the late Parliament to smite the Bishops under the Fifth Rib and called the Queen the Daughter of Heth a Canaanite and Idolatress which Sentence was accordingly inflicted on him In Ireland the Papists presumed on St. Stephens day to say Mass in Dublin while the Lords Chief Justices were at Church who having notice thereof ordered the Preists Crucifixes and Vestments to be seized and Eight Popish Aldermen were likewise Imprisoned for not Assisting the Mayor but some Papists making a Tumult rescued the Priests whom the Guards again forced to deliver back Upon Information of this Riot and Insolency Fifteen Houses were by special Order from the Council seized upon for his Majesties use and the Priests and Fryers so disturbed that two of them hanged themselves Neither did the Papists agree together for there were great Contests in England between the Jesuites and Secular Priests The Earl of Essex had many years before married the Lady Howard who complaining of his Insufficiency for Marriage Duties the Cause was brought to a Tryal and it being made appear by a Jury of Midwives and the Earls own Confession That he never could and believed he never should carnally know her Thereupon Sentence of Divorce between him and his Lady was pronounced by the Bishops However the Earl was resolved to try his Fortune once more and therefore upon his return out of the Low Countreys where he had been for some time a Souldier he now Married a Daughter of Sir William Paulet of Wiltshire but a while after she objecting the same cause of complaint desired likewise to be Divorced from him which the Earl easily cousented to and it was done accordingly In the year 1631 and the 7th of his Majesties Reign Mervin Lord Audly and Earl of Castlehaven was Tryed by his Peers upon the Petition of his own
Protestation to maintain with Life Power and Estate the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations Which was ordered to be printed and published through the Kingdom May 5. The Lords acquainted the Commons That they thought it the safest course to lay by the Bill of Attainder because it brought in the King for Judge And the next day they debated the several Articles of his Impeachment and voted the Earl guilty of High Treason upon Two of them that is the 15th For Levying of moneys in Ireland by force in a Warlike manner And the 16th For Imposing an Oath upon the Subjects of Ireland The Commons had now finished a Bill For the Continuance of the Parliament which having passed the Lords was tendred to the King to be signed together with the Bill of Attainder His Majesty answered That on Monday following he would satisfie them and on the Sunday before the King spent the whole day in consulting about the Earl of Strafford with the Judges and Bishops The Judges told him That in point of Law according to the Oath made by Sir H. Vane of the Earls advice to raise Horse to awe this Nation he was guilty of Treason In the evening the Five Bishops viz. of Armagh London Durham Lincoln and Carlisle were called in to the King to satisfie his Conscience about it who all agreed That the King might shew mercy without any scruple and that he could not condemn the Earl if he did not think him Guilty This was to matter of Fact but as to matter of Law He was to rest in the Opinion of the Judges Monday May 10. The King gives Commission to several Lords to pass Two Bills one the Bill of Attainder against the Earl of Strafford The other For Continuing the Parliament during the pleasure of both Houses Which last Act was occasioned for satisfying the Scots who required Vast Sums of Money and for disbanding both the Armies whereby great Taxes were laid upon the People by Act of Parliament which could not possibly be levied in a short time and therefore there needed a present Supply from the City of London who as it was alledged would not part with their money least a Dissolution of the Parliament should happen before payment upon which Account the King was pressed to pass this Act. The same day the Bill was passed against the Earl of Strafford the King sent Sir Dudley Carlton Secretary of State to acquaint the Earl with what was done and the motives thereto whereat the Earl was greatly astonisht but the next day the King being troubled writes a Letter with his own hand to the House of Lords and sent it by the Prince of Wales telling them That whereas Justice had been satisfied in his Condemnation an intermixture of mercy would not now be unseasonable and therefore he desired them that if it might be done without any discontent to the People the Earl might be permitted to fulfil the Natural Course of his Life in close Imprisonment sequestred from all Publick Affairs provided he never attempted to make an Escape however he thought it a work of Charity to repreive him till Saturday But nothing could be obtained in favour of him but that the Lords said Their Intention was to be suitors to His Majesty to shew favour to his innocent Children and that whatever provision himself had made for them it might be confirmed Some Designs were said to have been laid for his Escape however May 12 1641 the Earl of Strafford was conveyed from the Tower by a Guard consisting of the Trained Bands Marshals men Sheriffs Officers and Warders of the Tower Before him went his Gentleman-Usher bare headed and he himself followed accompanied with the Archbishop of Armagh and others As he went along he passed by Arch-bishop Lauds Lodging and spying him at the Window he called to him for his Prayers and his Blessing but the Bishop at the sight of him was so surpriz'd that for some time he could not recollect himself and being reprehended by his Friends of an undecent Pusillanimity He Replyed That he doubted not but when that bitter Cup should come to his turn he should taste it with a most Christian Courage The Earl being come to the Scaffold upon Tower-hill addrest himself to the Arch-bishop of Armagh to this Effect That he was come to pay the laâ—â— Debt he owed to Sin with a good hope of rising agaiâ— to Righteousness That he dyed willingly forgave alâ— and submitted to Justice He professed himself guiltless as to the matter for which he dyed He wished aâ—â— prosperity to the King and People and acquitted him from the guilt of his death as having acted thereiâ— no otherwise then as constrained He advised his Adversaries to repent of their Violent Proceedings againâ—â— him and telling them that he thought it a strange waâ— to write in Blood the beginning of Reformation and Settlement of the Kingdom However he wished that hiâ— Blood might rest and not cry against them He declared He died in the Faith of the Church of England for whose happiness he prayed and concluded his Speech with intreating the Spectators to pray for him After which he kneeled down to Prayer and rising up again took his last leave of his Brother Sir George Wentworth and all his Friends sending his Love to his Wife and his Blessing to his Children with a most strict Injunction to His Onely Son Never to meddle with the Patrimony of the Church And theâ— giving the sign to the Executioner his head waâ— severed from his body at the first stroke This was the end of that Great and Able Minister of State who is reported when he heard the King had consented to the Bill of Attainder to have lift up his Eyes to Heaven and clapping his hand upon his heart to have cried out perhaps in immitation of Cardinal Woolseys Complaint Put not your Trust in Princes nor in the Sons of Men for in them is no Salvation And indeed it seemed very hard that he shou'd be made guilty of High Treason by a Bill framed on purpose without former President and to which His Majesties Consent was in a manner extorted and which he afterward bewailed with great remorse of Conscience though it is said the King was not so much convinced by any thing said to him but the chief Motive was a Letter from the Earl wherein he thus concluded Sir To set your Majesty's Conscience at Liberty I do most humbly beseech you for the Preventing of such mischiefs as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but this Unfortunate Thing forth of the way towards that blessed Agreement which God I trust shall forever establish between You and Your Subjects My consent herein shall more acquit you to God then all the world can do beside To a willing man there is no injury
King as not willing to have them too strong yet promised to take such care for their security from Violence as he would for the preservation of Himself and Children and if this general Assurrnce would not suffice to remove those Apprehensions he would command such a Guard to wait upon them as he would be responsible for to Almighty God This Answer being unsatisfactory the City joyn with them and in their Common Council drew up a Petition complaining That the Trade of the City was decayed to the utter Ruin of the Protestant Religion and the Lives and Liberties of the Subjects by the Designs of Papists Foreigners and Domesticks more particularly their fomenting the Irish Rebellion by changing the Constable of the Tower and making preparations there By the fortifying of White-hall and his Majesties late Invasion of thâ— House of Commons Whereupon they pray Thaâ— by the Parliaments Advice the Protestants in Ireland may be relieved the Tower to be put into hands of Persons of Trust a Guard appointed for the safety of thâ— Parliament and that the Five Members may not be restrained nor proceeded against but by the Priviledges of Parliament And besides this The King riding into London the Citizens in multitudes flockeâ— about his Coach beseeching him To agree with his Parliament and not to violate their Priviledges To their Petition the King returned Answer That he could not express a greater sense of Ireland that he had done That meerly to satisfie the City he had removed a worthy Person from the charge of the Tower and that the late Tumults had caused him to fortifie White-hall for the security of his own Person That his going to the House of Commons was to apprehend those five Members for Treason to which the Priviledges of Parliament could not extend and that yet he would proceed against them no otherwise than legally And now such numbers of ordinary People daily gathered about Westminster and White-hall that the King doubting of their Intentions thought fit to with-draw to Hampton Court taking with him the Queen Prince and Duke of York where he and his Retinue and Guard quickly increased by accession of divers of the Gentry But the next day the Five Members were triumphantly guarded to Westminster by a great number of Citizens and Seamen with hundreds of Boats and Barges with Guns in them shouting and hallowing as they passed by White-hall and making large Protestations at Westminster of their constant fidelity and adherence to the Parliament About this time the Parliament had notice the Lord Digby and Collonel Lunsford were raising Troops of Horse at Kingston where the County Magazine was lodged whereupon they order That the County Sheriffs Justices of Peace and the Trained Bands shall take care to secure the Countreys and their Magazine and suppress all unlawful Assemblies Lunsford was seized and sent to the Tower but Digby escaped beyond Sea The King removed to Royston at which time Sir Edward Harbert Attorney General is questioned at the Lords Bar to answer concerning the Articles against the Five Members where it had gone hard with him if the King at his earnest Supplication had not taken him off by a Letter to the Lord Keeper Littleton who succeeded L. Finch wherein the King clears the Attorney General and takes the whole business upon himself yet concludes That finding cause wholly to desist from proceeding against the Persons Accused he had commanded his Attorney General to proceed no further therein nor to produce nor discover any proof concerning the same And so this Breach between the King and Parliament seemed at present to be made up At this time the Scots having a considerable Interest in their Britttish Plantations in Ireland make Proposals for Transporting 2500 Souldiers thither which were accepted by both Houses and afterward consented to by the King after which the Scotch Commissioners interposed their Meditation for composing the differences between the King and Parliament which were now grown to too great an height for which Mr. Pym was ordered by the Commons to give them the thanks of the House January 20. The King sends a Message to the Parliament proposing the security of his own just Rights and Royal Authority and That since particular Grievances and Distractions were too many and would be too great to be presented by themselves that they would comprize and digest them into one entire body and send them to him and it should then appear how ready he would be to equal or exceed the greatest Examples of the most Iudulgent Princes in their Acts of Grace and Favour to the People After this the Commons move the Lords to joyn with them in Petitioning for the Militia and the Command of the Tower but they not complying the House of Commons singly of themselves Importune the King to put those things into the hands of the Parliament as the only available means for removal of their Fears and Jealousies But the King not willing to part with the Principal Jewels of his Crown signified to them That he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands That he had preferred to the Lieutenancy of the Tower a Person of known Fortune and unquestionable Reputation and that he would prefer none but such to the command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestors by the Fundamental Laws of the Kingdom Yet the Commons would not desist but again petitioned and were again refused Soon after divers Petitions were delivered to the Parliament against the Votes of Popish Lords and Bishops in the House of Peers as one from Suffolk with 1500 and another from the Londoners with 2000 hands and a Third from the City Dames All which were Answered That the Commons had already endeavoured Relief from the Lords in their Requests and should so continue till Redress were obtained And shortly after the Lords passed the Bill For disabling all Persons in Holy Orders to have any Place or Vote in Parliament or to exercise any Temporal Jurisdiction At the same time they petition the King again for the Militia and for clearing Kimbolton and the Five Members by his Answer to both which they understood his Resolution Not to intrust the Militia out of himself nor to clear the Members but only by a General Pardon which was unsatisfactory The King now at Hampton Court thought fit to send for all his Domestick Servants of either House of Parliament and particularly the Earls of Essex and Holland but they refused to come excusing themselves with The necessity of performing their duties in Parliament and discharging the Trust reposed in them For which they were put from their Places at Court The Lord Digby about this time sent Three Letters from Middleburg in Zealand where he was fled out of England one to the Queen and two others to Secretary
discovering by an intercepted Letter began to project new designs and his Son Capt. Hotham being suspected by the Parliament was imprisoned at Nottingham but made his escape and underhand Treated with the E. of Newcastle Upon which Orders were sent for seizing both Father and Son which was done accordingly together with his wife and the rest of his Children who were all sent up Prisoners to the Parliament and some Months after Sir John and his Son were brought to Tryal in Guild-hall the E. of Manchester and others being assigned their Judges and the Father is charged That he had Traiterously betrayed the Trust reposed in him by the Parliament and adhered to the Enemy as appeared by his Words by his Letters and by his Actions and that he held correspondence with the Queen the E. of Newcastle L. Digby and others of that Party and had endeavoured to betray Hull to them His Son was charged with things of the same nature upon which they were both Sentenced to be Beheaded which was accordingly Executed the Son Jan. 1. 1644. and the Father the next day after But to return July 4. 1643. P. Rupert sits down before Bristoll and though Coll. Fines had formerly hanged up some Citizens for intending to have delivered up the Town to the Prince yet nevertheless the design took effect for being at that time very ill provided for resistance which P. Rupert had notice of from his Correspondents within the Governour was constrained after 3 days Siege to surrender it to him Aug. 12. the E. of Lindsey being freed from his imprisonment wherein he was since Edge-hill fight came to the King at Oxford and soon after P. Maurice besieged Exeter flinging in Granadoes and firing part of the Suburbs upon which a fruitless Parley ensued the next day the Prince masters the Great Sconce and turns the great Guns thereon upon the City and then the Garrison agreed to yield the Officers only to part with their Swords and the private Souldiers to march out with Cudgels in their hands At this time Judge Berkley who had been imprisoned by the Parliament about Ship-money was fined Twenty thousand pound made incapable of all Offices and to continue a Prisoner during pleasure The Parliament were now busied for recruiting Sir William Waller's Army and to incline the Londoners to a more chearfull compliance Pennington the L. Maior was made Lieutenant of the Tower yet Waller was forced to stay because Essex his Army wanted likewise Reinforcement Essex musters ten thousand men at Hounslow Heath but this would not serve for so weighty an Affair as the relief of Glocester now besieged by the King and he must therefore make use of the London Trained Bands Glocester was the place which stopt the current of the Kings successes Massey was Governour thereof and had with him two Regiments of Foot and an 100 Horse which with some other Recruits made up 1500 men with forty Barels of Powder and a slender Artillery yet they within behaved themselves like men of Resolution and Allarum'd the Besiegers with frequent Sallies The King plants his Cannon against the Gates which made above 150 shot and the Granadoes did some Execution in the Town yet nothing abated the Spirits of the People Whereupon the King prepares for a General Storm and all was ready they within being in want and having but three Barrels of Powder left when news comes that Essex was on his March with a powerfull Army to raise the Siege whereupon after consultation had by the King with the General Officers it was resolved the Kings Army should draw off which was done and all their Hutts were set on fire and Sept. 5. 1643. Essex enters into Glocester and having furnished the City plentifully with provisions went after the King who at that Siege lost that opportunity of marching up to London the Parliament having then no considerable Army in the Field which he could never regain The War had hitherto continued in Ireland and the English Army had commonly success against the Rebels but the King now understanding the Parliaments contracting with the Scots for aid thought fit to strengthen himself by recalling part of his Army there hither and commissionated the E. of Ormond his Lieut. General to agree on a cessation for a year which was concluded at Singeston and Sept. 18. 1643. was proclaimed by the Lords Justices and Council at Dublin and soon after some Forces from thence landed in Wales and took Hawerden Castle near Chester for the King The E. of Essex having relieved Glocester speeds after the King and passing by Cirencester left a strong Party there where P. Maurice was expected that night but instead of him comes Essex and being mistaken for the other enters the Town without any Opposition seizes 400 men and 30 Cart loads of Provision and then marches to Newberry where the King was before and had gotten the advantage of the Ground and planted his Ordnance Early in the morning Sept. 20. 1643. Essex views the Kings Army and in Newberry Common draws up his own and falls to firing the Kings Army doing the like That part of the Army which P. Rupert charged being overlay'd were forced to fall off on the Right hand where two Great Bodies of Horse marched down the Hill and fell in furiously upon the Prince both sides acting with great valour and fury and coming to handy-strokes with their Swords The Essexians then wheeling about charged the L. Jermins Regiment whom they forced to make their escape through some Bodies of Foot this Battel caused great loss and bloodshed on either side but greater on the Kings whose other Bodies of Horse commanded by the Earls of Carnarvan and Northampton notwithstanding the great courage of their Commanders were overpowered and the Earls of Carnarvan and Sunderland Viscount Falkland and many other Officers and Gentlemen slain The London Trained Bunds and Auxiliaries did the Parliament great service in this Fight Night coming on both Armies retired and next day marched away from each other After this several Places were Garrisoned for the King by Sir William Vavasor as Tewksbury Shudley Castle and other places in Glocester-shire and soon after Waller again surpriseth Tewksbury but is afterward beaten by P. Maurice Massey and Waller take Hereford and Sir William Brereton had the Town and Castle of Eccleshall delivered upon reasonable Quarter An Ordinance is now published by the Parlirment to seize upon the Kings Revenue And Sir William Waller is made Major General of Hampshire Sussex Surrey and Kent and marching to Farnham beat a Party of the Kings Army and then took Aulton and Arundell Casile Collonel Nerton was routed by Hopton and the Paliament finding the Kings Power increase they publish That whoever shall assist the King with Horse Arms Plate or Money against them are Traytors to the Paliament and shall be so preceeded against The King summons a Parliament at Oxford Jan. 22. 1643. where in the great Hall at Christ-Church he tell them
resolved to bring you to Tryal and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said Mr. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King offered to speak but the King having a Staff in his hand held it up and laid it upon the said Mr. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said Cook My Lord I am commanded to charge Charles Stuart King of England in the name of the Commons of England with Treason and high Misdemeanours I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat 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 end 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 One thousand six hundred forty and two at Beverly in the Count 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 twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge neer Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newberry in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the last year mentioned at Bodmin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the last year mentioned at Newberry aforesaid And upon or about the Eighth of June in the year of our Lord One thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord One thousand six hundred forty and six He the said Ch. Stuart hath caused and procured many thousands of the Free-people of the Nation to be slain and by Divisions parties and insurrections within this Land by Invasions from Foreign parts endeavoured and procured by him and by many other evil wayes and means He the said Charles Stuart hath not onely maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good people of this Nation in this present year One thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea and particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the 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 the renewing of War and Hostility against the said Parliament and people as aforesaid By which cruel and unnatural Wars by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent Blood of the Free-People of this Nation hath been spilt many Familie have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of his said evil Designs He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forreigners 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 upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal Interest of Will and 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 by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said Unnatural Cruel and Bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by protestation saving on the behalf of the people
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 Here the President interrupted him and said Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have not acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of confession or denyal 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 proceedings 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 President Sir this is the third time that you have publickly disowned the Court and put an affront upon it how far you have preserved 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 onely say this one word to you If it were only my own particular I would not say any more nor interrupt you President 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 his Guard and Proclamation was made That all persons who 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 in Westminster-Hall by Ten of the clock the next morning Cryer God bless the Kingdom of England His Majesty intended to have delivered in writing his Reasons against the Pretended Jurisdicton of the High Court of Justice upon Monday Jan. 22. but was not permitted Saturday the 27 of January 1648. O Yes made Silence commanded The Court called Serjeant Bradshaw Lord President in his Scarlet Robe suitable to the work of this day with sixtie eight other Members of the Court called As the King came into the Court in his usual posture with his Hat on a Cry made in the Hall by some of the Souldiers for Justice Justice and Execution King I shall desire a word to be heard a little and I hope I shall give no occasion of interruption President You may answer in your time hear the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word a sudden judgment President You shall be heard in due time but You are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir a hastie Judgment is not so soon recalled President Sir you shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir shall I be heard before the judgment be given President Gentlemen it is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before the Court to make answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England to which Charge being required to Answer Here an honourable Lady interrupted the Court saying Not half the People but she was soon silenced he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer reasoning and debate unto the Authoritie of the Court and of the highest Court that constituted them to try and judge him but being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit or Answer Hereupon the Court that they may not be wanting to themselves to the trust reposed in them nor that any mans wilfulness prevent Justice they have thought fit to take the matter into their consideration They have considered of the Contumacy and of that confession which in Law doth arise upon that contumacy They have likewise considered of the notoriety of the Fact charged upon the Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be now pronounced against this Prisoner but in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him yet Sir thus much I must tell you before-hand which you have been minded of at other Courts that if that you have to say be to offer any Debate concerning jurisdiction you are not to be heard in it you have offered it formerly and you have indeed struck at the root that is the power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed is an irrational thing in them to do being a Court that acts upon Authority denived from them that they should presume to judge upon their Superiority from whom there is no Appeal But Sir if you have any thing to say in defence of your self concerning the matters charged the Court hath given me command to let you know they will hear you King Since that I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it but only I must tell you That this many a day all things have been taken away from me but that that I call more dear to me than my life which is My Conscience and my Honour and if I had respect to my life more than the Peace of the Kingdom the Liberty of the Subject certainly I should have made a particular defence for my self for by that at least-wise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not overborn the care
and to have punished you for it But then Sir the weight that lies upon you in all those respects that have been spoken by reason of your Tyranny Treason breach of Trust and the Murthers that have been committed surely Sir it must drive you into a sad consideration concerning your eternal condition As I said at first I know it cannot be pleasing to you to hear any such things as these are mentioned unto you from this Court for so we do call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdom as we have often said and although you do yet endeavour what you may to dis-court us yet we do take knowledge of our selves to be such a Court as can administer Justice to you and we are bound Sir in duty to do it Sir all I shall say before the reading of your Sentence it is but this the Court does heartily desire that you will seriously think of those evils that you stand guilty of Sir you said well to us the other day you wisht us to have God before our eyes Truly Sir I hope all of us have so that God that we know is a King of Kings and Lord of Lords that God with whom there is no respect of persons that God that is the avenger of innocent blood we have that God before us that God that does bestow a Curse upon them that withhold their hands from shedding of blood which is the case of guilty Malefactors and that do deserve death That God we have before our eyes and were it not that the conscience of our duty hath called us unto this place and this imployment Sir you should have had no appearance of a Court here but Sir we must prefer the discharge of our duty unto God and unto the Kingdom before any other respect whatsoever and although at this time many of us if not all of us are severely threatned by some of your party what they intend to do Sir we do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to you according to the merit of your offence although God should permit those men to effect all that bloody design in hand against us Sir we will say and we will declare it as those Children in the fiery Furnace that would not worship the golden Image that Nebuchadnezzar had set up That their God was able to deliver them from that danger that they were neer unto but yet if he would not do it yet notwithstanding that they would not fall down and worship the Image we shall thus apply it That though we should not be delivered from those bloody hands and hearts that conspire the overthrow of the Kingdom in general of us in particular for acting in this great work of Justice though we should perish in the work yet by Gods grace and by Gods strength we will go on with it And this is all our Resolutions Sir I say for your self we do heartily wish and desire that God would be pleased to give you a sence of your sins that you would see wherein you have done amiss that you may cry unto him that God would deliver you from blood-guiltiness A good King was once guilty of that particular thing and was clear otherwise saving in the matter of Vriah Truly Sir the Story tells us that he was a repentant King and it signifies enough that he had dyed for it but that God was pleased to accept of him and to give him his pardon Thou shalt not dye but the Child shall dye thou hast given cause to the enemies of God to blaspheme King 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 President Sir you must give me 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 I see by your speech you have put upon me that I Sir it is very true that President 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 have not owned us 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 Pres 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 so large a dimension that if you do but seriously think of them they will drive you to a sad consideration 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 the Law prescribes we are not here Jus dare but Jus dicere We cannot be unmindful of what the Scriptures tell 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 Traitor Tyrant a Murtherer and a publick Enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court The Lord President commands the Sentence to be read Make an O Yes and command silence while the Sentence is read O Yes made silence commanded The Clerk read the Sentence which was drawn up in parchment Whereas the Commons of England in Parliament have appointed them an high Court of Justice for the Trying of Charles Stuart King of England before whom he had been three times convented and at first time a charge of high Treason and other crimes and misdemeanors was read in the behalf of the