The severall Depositions of the pretended Witnesses as it is in their Book printed in French William Cuthbert of Patrington in Holdernes Gentleman HAth deposed upon Oath that being at Hull-bridge nigh Beverly he discovered in July 1642. that there were levied about three hundred footmen under the command of Robert Strickland for the Kings guard and that about the second of the said Month which was Sunday he saw about four or five of the clock in the evening a Troop of Horse called the Princes Troop enter Beverly at which time James Nelthorp was Mayor of the Town and that he saw the same day this Troop march from Beverly to Holdernes where he saw ammunition distributed to them which were brought for them from about Humber Moreover the same upon deposition said that the same Sunday night there arrived at the gate of his house called the Bridge of Hull nigh Berverly about three hundred footmen that said they were the Regiment of Sir Robert Strickland under the command of Lieutenant Col. Duncomb and were called the Kings guard who forced open his door and took possession of his house and that the same night my Lord Newport and my Lord Carnarvan came to these souldiers with divers others at which time the Deponent was informed that Sir Thomas Gower Sheriff of that County was present at this rendezvous and had left order and expresse command to stop all Provisions from those quarters and that none should be carried to Sir J. Hotham Governour of Hull for the Parliament which Order was put into the hands of the Deponent being then Constable of that Parish for the said Lieutenant Colonel Duncombe The said William Cutbert has deposed in processe that he was driven out of his house by the soldiers and was forced to retire to Beverly with his Family and that afterward to wit Thursday next as much as he can remember he saw the King come to Beverly and go into my Lady Gees houses in which he saw him severall times with Prince Charls and the Duke of York and that the Militia was raised in Holdernes in the name and by the command of the King and he published himself every where He hath farther deposed that the night following these soldiers that had seized upon his house as was said which was the first act of hostility that was committed in those parts they plundred also the House of Colonel Ledgeers and that after this regiment of Colonel Strickland was gone from the Bridge of Hull where it had quartered ten days Colonel Wynewell seized upon it also with seven huudred foot that lodg'd there Item he deposed that the Order which he shewed the Court is the originall of which we have spoken As also that my Lord Lindsey was made Generall of those Forces and of those that were then levied and that he was brought before him upon report that he held intelligence with Sir J. Hotham Governour of Hull and that notice being given to the said General that the Deponent had provisions of corn to send into Ireland he was prohibited to have them transported or carried to any other place without the Kings command or the said Generals John Bennet in the County of York Glover HAving born arms on the Kings side from the first day that he erected his Standard at Nottingham six years since being examined upon Oath hath deposed that working at his own Trade at Nottingham he had seen the King two or three times after his great Standard of War was erected and at the same time that it was displayd from the highest Tower of the Castle and also that he heard that the King was present the first day and the first time it was erected He said farther that he then received his livery and that Sir William Pennyman gave cloth at that time to the Regiment of which he was and the said Knight was Colonel of it and that cloth was also given to the Regiment of my Lord Lindsey who was also then proclaimed then General of the Army at the head of every Regiment where the King also caused to be published that those forces should fight against all those that should follow his party particularly against the Earl of Essex Generall of the Parliaments Army against my Lord Brooks and divers other Officers of that party all who were declared Traitors by printed proclamations which were dispersed at the same time through all Regiments by their Officers To which he also added that he had often seen the King in Nottingham at the time that his forces quarter'd there which was about a Moneth that the Drum was beaten over all the Country to raise men for the King and that many were listed partly willing and partly forced for fear of being plundred as among the rest was the Deponent the said Sir William â—enniman cryng out aloud that it would be well done to set the Town on fire the Citizens shewing themselves so backward to take up arms for their Kings service He did farther depose that about the Month of October â—642 he saw the King on horseback at Edge-hill in Warwick-shire looking on his Army in battail and heard him command all the Colonells and Officers that passed before him to encourage their soldiers exhort and animate them to fight against my Lord of Essex my Lord Brooks Sir William Waller and Sir William Belford and that after this first fight he saw in the field a great number of dead bodies of which he saw a list brought afterward to the King at Oxford which they said came to the number of 6559. The Deponent hath also testified that about the Moneth of November following he saw the King at the head of his Army upon Hownslo-heath in the County of Middlesex with Prince Robert by him and heard him encourage divers Regiments of thâ—se that were levied in Wales which had been at the battail of Edge-Hill saying to them he hoped they would regain at Brainford the honour they lost at Edge-Hill William Brayne Gentleman of Wixehall in the County of Salop. HAth deposed upon Oath that in August 1642. he saw the King in Nottingham at the time when his Royal Standard was there erected and displaid and that about that time he marched with the Army in which the King was from thence to Darby and that being suspected in September for a spy he was examined before Sir Robert Heath and divers other Commissioners at Shrewsbury where the King was in person Henry Hartford of Stafford upon Avon in Warwick-shire HAs also given in upon Oath that in the year 1642. he saw the King at the Castle of Nottingham when his great Standard was planted and displayed upon a Tower of the Castle and moreover that about November he saw the King at Brainford being a horse-backe with great number of War-Officers on a Sunday morning immediately after that Satturday night in which great number of the Parliaments people had been killed thereabout Robert Large Painter of the Town and
and a half from the Camp marching in battaile aray at the head of his Army about an houre and half before the said battaile was fought and that the same day he saw afterwards many bodies dead upon the place Giles Grice of Wellington in Shropshire Gentleman DId depose that he saw the King at the head of his Army at Cropredie Bridge with his sword drawn in his hand the same day that there was a battail fought against Sr. William Waller's Army which was on a Friday 1644. about July as much as he could call to minde That he saw him also at the head of his Army the same summer nigh Lietchfield at the same time that the Earle of Essex was there with his Army Also that he saw the King at the head of his men in the second fight at Newbery And that he saw him Arm'd back and brest at the head of his Army at Naseby The same did testifie that he saw him at the head of his Army at the taking of Leicester at the same time that an assault was given and after enter'd the place on horseback after it was taken and that he saw many men kill'd on both sides and many houses were pillaged in the said Town John Vinson of Damorham in Wiltshire Gentleman affirmed THat he saw the King at the head of his Army at the first Newbery battaile about September 1643. and many people dead on both sides The same hath also deposed that he saw the King at the head of his Army armed Capape with his sword drawn in his hand in the second fight at Newberry about Octob. 1644. at what time he saw him draw up the Regiment of Horse of Colonel Tho. Howard to a Charge and that he heard him make a speech to that Regiment saying that they were to make good to him that day that his Crown was at the point of his Sword and if he lost that Battail he lost his honour and his Crown for ever and that after he saw great number of dead men killd in that fight on both sides The same also testified that he saw the King in the battail at Naseby in Northamptonshire about June 1645. being armed with his Head-piece on his word drawn in his hand where perceiving his people in flight he himself made the horse to rally and staid them at what time he also saw many dead bodies on both sides George Seeley of London Shoomaker deposed THat he saw the King at the siege of Glocester at the head of a Brigade of horse and that he saw him at the first fight of Newberry about September 1643 being at the head of a Regiment of horse and that many were killed on both sides in this fight To which he added that he also saw the King in the midst of his Army in the second Newberry fight about November 1644. John Moor of Cork in Ireland Gentleman did depose THat in the Battel at Newberry second fight in the same month he saw the King in the middle of his horse with his sword drawn that afterwards he saw many killed on both sides in this fight and that he saw him enter on horse-back in the head of a Brigade of horse into Leicester the same day that it was taken by his men about June 1645. he also added that he saw the King in the midst of a Regiment of horse at Copredibridge before Leicester fight and saw the fields covered with dead men killed in that fight where the King was in person that he saw him also at the head of a Regiment of horse in Naseby fight about June 1645. and that there was also many killed and wounded Thomas Grees of Boyset in Northamptonshire Labourer did testifie THat he saw the King at the first Newbury fight in Bark-shire September 1643 and that he there saw many dead bodies having himself received orders amongst others to stop the Parliaments forces till their dead men were taken away that he also saw the King marching with his Army towards Naseby field immediatly before the fight about June 1645. and that his Army being routed he saw him make a retreat with a Brigado of horse and that a great number were killed on both sides in this fight Thomas Rollins of Hanslop in Euekingham-shire Gentleman did depose THat he saw the King nigh Foy in Cornwall about July 1644. at the head of a brigade of horse and that he saw some Parliament-souldiers pilledged nigh the Kings person contrary to the Articles agreed upon on both sides Thomas Read of Maidstone in Kent Gentleman AFfirmed upon Oath that presently after the Parliaments Army had rendred it self in Cornwall upon composition he saw the King at the head of a guard of horse between Lestithiel and Foy about the end of August or the beginning of September 1644. James Grosby of Dublin in Ireland did depose THat at the first Newbury fight about harvest time 16â—3 he saw the King coming on horseback from Newbury accompanied with abundance of great Lords and Noble men and going towards the place where his forces were engaged to the Parliaments Army Samuel Burden of Lyneham in Wiltshire Gentleman testified THat he was at Nottingham about August 1642. at what time he saw the great Standard displayd upon one of the Towers of the Castle and that the next day he saw the King whilst his Standard as they call it was displayd moreover that he saw the King at the head of his Army near Copredy-bridge in a stubble field being in pursuit of Sir William Wallers forces who was routed about July 1644. and that be saw at that time great numbers of dead men in the field he testified farther that towards November following he saw the King in the last Newberry fight galloping up and down from Regiment to Regiment whilst his Army was engaged with that of the Parliament and that he saw afterwards great numbers of men killed fighting on both sides Michael Potts of Sharpeton in Northamberland Vintner deposed THat he saw the King at the head of of his Army in a field about a mile and an half distant from Newberry upon a plain the day before the fight which was about harvest time 1643. and that he saw the King in the field nigh a peice of great Canon during the fight that he also saw him at the head of his Army in the second Newberry fight about Michaelmass 1644. after which he saw great number of men kild on both sides Adding moreover that he did also see him at the head of his Forces nigh Copredy bridge and afterwards the same year towards harvest nigh Lestithiel in Cornwall at what time the Earle of Essex was there with his Army The NAMES of the said Pretended JUDGES who gave Sentence against the Late KING Jan. 27. 1648. JOhn Bradshaw Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Walton Thomas Harison Edward Whaley Thomas Pride Isaac Ewer Lord Grey of Grooby William Lord Mounson Sir John Danvers
County of Nottingham HAs deposed upon Oath that in the summer of 1642. he painted by command of my Lord â—eâ—mant the great Standard of War that was planted upon the high Tower of the Castle of Nottingham and that he often saw the King thereabout at the same time that his Standard was erected and displayed Edward Robert of Bishops Castle in the County of Salop. BEing also examined upon his Oath has deposed that he saw the King in Nottingham whilest his great standard was planted and displayed upon a Tower of the Castle and that he saw the King march at the head of his Army from Shrewsbury to Edge-hill being in the Reer-gard upon the Field where the battle was fought and that also he saw him on Sunday at Brainford after the combat of Saturday-night precedent John Penninger of Hayner in Darby-shire BEing examined upon Oath hath testified that about August 1642. he saw the great standard of War displayed upon one of the Towers of Nottingham Castle that the same day he also saw the King in Thurland-house belonging to the Earle of Clare at Nottingham with Prince Robert Sir Kelam Digby and divers other Lords and people of other condition and that the King had then Canons in the Town that was full of Souldiers Samuel Lawson Brewer of Nottingham HAs deposed upon Oath that about August 1642. he saw the great standard of War brought down from the Castle of Nottingham by divers persons of quality to the next Hill a Herald at Arms marching before them that the said standard was planted upon that hill with great cryes and acclamations with the sound of the Trumpet and Drums that also presently after there was published a Command from the King who was there in person to see his standard Erected adding moreover that the town was full of souldiers And that when the King left the town with the souldiers the Inhabitants were forced to pay a great summe of money to his Army that threatned them plunder if they refused it Thomas Whittington Shoomaker of Nottingham hath deposed upon Oath THat he saw the King in the said Town the same day that his great standard of War was raised on the Castle about the beginning of August 1642. and that the King tooke his journey from Thurland-house towards the said Castle and that he saw him severall times in Nottingham which was full of souldiers who said they were of the Kings army the great standard being then displayed upon the old tower of the Castle Robert Loads of Cottam in Nottinghamshire affirmed upon Oath THat about October 1642. he saw the King in the reere-guard of his Army at Kinton field on a Sunday about which place he saw divers dead bodies on both sides That moreover he saw the King in his Army in Cornwall nigh my Lord Moon 's house in the year 1644. Samuel Morgan Haberdasher of Wellington in the County of Salop deposed upon Oath THat he saw the King on Sunday morning in the field at Kinton upon the highest point of Edgehill at the head of his Army about two hours before the battail began which was after Michelmas 1642. And that afterward he saw at the same place a very great number of dead bodies on both sides and farther that in 1644. he saw the King in his army neere Cropredy bridge put his own men in battaile array James Williams Shoomaker of Rosse in Herefordshire deposed upon Oath THat about October 1642 he saw the King in Kinton-field upon the Hill having his sword drawn in his hand when and where a great battel was fought and many kill'd on both sides Moreover that he saw the King at Brainforâ— on a Sunday before mid day in November the same year whilst his army was all in and about the town Arthur Young Chyrurgion and Burgess of London being examined upon Oath testified THat being in the Battel of Edge-hill that was faught between the Army of the King and that of the Parliament in October 1642. he saw the great Standard brought and displayed in the Kings Army which being taken in the fight it was regained by one Middleton whom the King presently made Colonel John Thomas Labourer in Langellen in the County of Denbigh deposed upon Oath THat he saw the King at Brainford in the County of Middlesex on a Saturday a little after the battle of Edge-hill being followed by a good number of horse and foot and being himself armed a horseback and heard him say to his people passing through the towne Gentlemen you lost your honour at Edge-hill I hope you will recover it here and before the King had ended his speech the two Parties began to skirmish and engaged so far that many were killd on both sides Richard Blomefield Merchant Draper and Citizen of London deposed upon Oath THat he was present at the rout of the Earle of Essex his Army in Cornwall about the end of August or at the beginning of September 1644. where he saw the King on horseback at the head of his army and that he saw divers souldiers of the Parliaments many plundred and dismantled hard by the Kings person against the conditions and Articles agreed upon William Jones Laborour of Vske in Monmouth-shire affirmed upon Oath THat he saw the King coming from Wards Harbrough and marching at the end of his Army towards Naseby where the battle was fought a little after and that the King being advanced towards the Regiment of Colonel t. George he asked of the Officers and souldiers if they were not resolved to fight for him and that upon it they cryed out with great acclamations that they were ready to fight Moreover the Deponent said that he saw the King with his forces in Leicester the same day that it was taken by the Parliament As likewise that he saw him in his Army at the siege of Glocester Humphrey Brown of Witsunday in Rutlandshire HAs deposed that whâ—n Leicester was taken by the Kings Army about June â—645 the Fort of Newark being rendred upon Composition and condition that those that went forth should carry their bagage with freedom without any violence to be offered as soon as the place was rendred notwithstanding this capitulation and against the Articles the Kings souldiers fell upon them plundered them and beat and wounded many of them And that one of their Officers taxing them with their ill usage of these poore people against the law of Arms the deponent heard the King reply who was there in person with his sword drawn at the head of his Army that he would see they should use them worse being his enemies David Evans Marshall of Aburgeny in Monmouthshire testified THat about half an houre before Naseby fight which was at Midsummer June 1645. he saw the King marching himself in battaile at the head of his Army half a mile from the place of the fight Diogenes Edwards Butcher of Carston in the County of Salop. AFfirmed that at the same time he saw the King a mile
Sir Thomas Maleverer Sir John Bourcher Isaac Pennington Henry Martin William Purifoye John Barkstead Gilbert Millington Thomas Chaloner Matthew Tomlinson John Blakeston Sir William Constable Edmund Ludlow John Hutchison Sir Michael Levesey Robert Titchburne Owen Roe Robert Lilburne Adrian Scroop Richard Dean John Okey John Harrison John Hewson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregrine Pelham Thomas Wogan Frances Allen. Daniel Blagrave John Moor. William Say Francis Lascels John Chaloner Gregory Clement Sir Gregory Norton John Venn Thomas Andrews Anthony Stapley Thomas Horton John Lisle John Brown John Dixwell Miles Corbet Simon Menyne John Alured Henry Smith Humphrey Edwards John Frye Edmund Harvey Thomas Scot. William Cawley John Downes Thomas Hammond Vincent Potter Augustine Garland Charles Fleetwood John Temple Thomas Wayte Counsellours assistant to this Court and to draw up the Charge against the KING were Doctor Dorislaus Mr. Aske Mr. John Cooke Solicitor Serjeant Denby Serjeant at Armes M Broughton M. Phelpes Clerks to the Court. Colonel Humfrey Sword bearer Messengers Door-keepers and Cryers were these Mr. Walford Mr. Radley Mr. Paine Mr. Powell Mr. Hull Mr. King The SENTENCE against the said KING January the 27 th 1648. which was read by Mr. Broughton aforesaid Clerk WHereas the Commons of England in Parliament have appointed them an High Court of Justice for the Tryall of Charles Stuart King of England before whom he had been Three times Convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdome of England c. as in the Charge which was read throughout To which Charge he the said Charles Stuart was required to give his Answer but he refused so to do and so exprest severall passages at his Tryall in refusing to answer For all which Treasons and Crims this Court doth adjudge that the said Charles Stuart as a Tyrant Traytor Murtherer and Publick enemy shall be put to death by fevering his head from his body This Sentence sayes the President now read and published is the act Sentence Judgement and Resolution of the whole Court. To which the Members of the Court stood up and assented to what he said by holding up their hands The King offered to speake but he was instantly commanded to be taken away and the Court broke up The true manner of proceeding to take off the Kings Head according to the Sentence given as a foresaid Sir Hardress Waller Collonel Harrison Commissary General Ireton Colonel Dean and Colonel Okey were appointed to consider of the Time and Place for the Exceution of the King according to his Sentence given by the pretended High Court of Justice Painted Chamber Monday January the 29 th 1648. VPon Report made from the Committee for considering of the Time and place of the Executing of the Judgement against the King that the said Committee have Resolved That the open street before White-hal is a fit place And the said Committee conceive it fit That the King be there executed the morrow the King having already notice thereof The Court approved thereof and ordered a Warrant to be drawn to that purpose which Warrant was accordingly drawn and agreed to and Ordred to be ingrossed which was done and signed and sealed according as followeth At the High Court of Justice for the Trying and Judging of King CHARLES the I. of England January 29. 1648. VVHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other Crimes and Sentence on Saturday last was pronounced against him by this Court to be put to Death by severing his head from his body of which Sentence Execution yet remaineth to be done These are therefore to will an require you to see the said Sentence Executed in the open street before Whitehall upon the morrow being the 30. day of this instant Moneth of January between the hours of Ten in the morning and Five in the afternoon of the same day with full effect and for so doing This shall be your sufficient Warrant and these are to require all Officers and Soldiers and other the good people of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Huncks and Lievtenant Colonel Phray and to every of them Given under our hands and Seals Sealed and Subscribed by John Bradshaw President Thomas Gray Oliver Cromwell Edward Whaley John Okey John Danvers Mich. Lievesey John Bourcher Hen Ireton Tho Maleverer Jo Blackeston Jo Hutchison William Goffe Tho. Pride Henry Smith Vincent Potter William Constable Rich Ingoldsby Will. Cawley John Barkstead Isaac Ewer Val. Walton Peter Temple Tho. Harrison John Hewson Per. Pelham Richard Dean Rob. Tichburn Hump Edwards Dan. Blagrave Owen Roe Will. Purifoye Adrin Scroop James Templer Aug. Garland Edmu. Ludlow Hen. Martia Jo. Allewred Rob. Lilburu Will. Say Anthony Stapley Gregory Norton Tho. â—haloner Tho. Wogan Simon Meyne Tho Horton John Jones Jo. Moore Hardress Waller Gilbert Millington Charls Fleetwood Jo. Venn Greg. Clement Jo. Downes Tho. Waite Tho. Scot. John Carew Miles Corbet Ordered That the Scaffold on which the King is to be executed be covered with Black The Warrant for executing the King being accordingly delivered to those parties to whom the same was directed Execution was done upon him according to the Tenour thereof about Two a clock in the afternoon of the said 30. of January 1648. The Fatall day of the said Execution being Tuesday January the 30. 1648. HIS Majesty continued in Prayer all the morning and receives the Sacrament Just at Ten a Clock before noon he was conveyed on foot from St. James's Palace to Witehall guarded by a Regiment of Foot Soldiers part before part behind with Colours flying and Drums beating his private guard of Patirzans about him and Dr. Juxon Bishop of London next to him on one side and Colonel Tomlinson on the other being come to Whitehall he 〈◊〉 his Cabinet Chamber at his divotions refusing to dine onely about 12 a clock he eat a bit of bread and dranke a glasse of Claret wine from thence he was conveyed into the Banqueting house and the great window inlarged out of which he ascends the Scaffold the rails being hung round and the floor covered with black His Executioners disguised with Visards yet was his Majesty not affrighted He shewed more care of the people living then of himselfe dying for looking round upon the people whom the thick Guards of Soldiers kept a great distance of and seeing he could not be heard by them omitting probably what he purposed to have spoken to them therefore turning to the Officers and Actors by him he delivered him self in a short but excellent Speech which being ended he meekly went to Prayers and after some heavenly discourse between him and the Bishop having prepared himselfe he lifted up his eyes to heaven mildely praying to himself he stooped down to the block as to a prayer-deske and
The Oglio of Traytors Including the Illegal Tryall of his late MAIESTY With a Catalogue of their names that sat as Judges and consented to the Judgment With his MAJESTIES Reasons against their usurped power and his late speech To which is now added the severall depositions of the pretended Witnesses as it is Printed in the French Coppy With the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed As also the speech of that resolved Gentleman Mr. Hugh Grove of Chissenbury Esquire who was beheaded the same day not before Printed London Printed by T. M. for William Shears at the Bible in Bedford street The First Dayes Proceeding of the High Court of Justice c. THe Triall and the Execution of the last King of England being still as much the wonder as the discourse of Christendome I shall endeavour to represent it to you with the exactest faithfullnesse that can possibly be desired and although others have gone before me on the same subject by the benifit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunall of Justice sitting at Whitehall in Westminster Serjeant Bradshaw being President and about seventy other persons elected to be his Judges being present the Cryer of the Court having proclaimed his O yes to invite the people to attention silence was commanded and the Ordinance of the Commans in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof â—â—â—sing as they were called The King came into the Court his head covered Serjeant Dendy being remarkable by the Authority of his Mace did usher him in Colonel Hatcher and about thirty Officers and Gentlemen did attend him as his Guard The Court being sat the Lord President Bradshaw speak thus unto him Charles Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happned to this Nation and of the innocent bloud spilt of which you are accused to be the Author have both according to their office which they ow to God this Nation and themselves according to the power fundamental faith intrusted with them by the people Constituted this Supream Court of Justice before which you are now brought to hear your Charge on which this Court will proceed Mr. Crook the Solliciter Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charles Stuart here present as guilty of Treason and other great defaults and in the name of the Commons of England I require that his charge may be read unto him The King Stay alittle L. President Sir the Court hath given order that the Charge shall be read If you have any thing afterwards to plead for your self you may be heard Hereupon the Charge was read THat the said Charles Stuart being admitted King of England and therein trusted with a limmitted Power to govern by and according to the Laws of the Land and not otherwise And by his trust Oath and Office being obliged to use the Power committed to him For the good and benefit of the People and for the preservation of Kights and Libirâ—ies yet neverthelesse out of a wicked Designe to erect and uphold in himselfe and unlimited and Tyrannical power to rule according to his Will and to overthrow the Rights and liberties of the people Yea to take away and make void the foundations thereof and all the redress and remedy of misgovernment which by the fundamental constitutions of this Kingdome were reserved on the peoples behalfe in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charles Stuart for accomplishment of such his designes and for the protecting of himself and his adherents in his and their wicked practises to the same ends hath traterously and maliciously leavied war against the present Parliament and the people therein represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the 30. day of July in the year aforesaid in the County of the City of York and upon or about the 24. day of August in the same year at the County of the town of Nottingham when and were he set up his Standard of war And also on or about the twenty third â—ay of October in the same year at Edghill and Kenton field in the County of Warwick and upon or aboue the thirtieth day of November in thet same year at Brainchford in the County of Midalesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred forty and three at Cavesham bridge neer Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or neer the City of Gloster and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Boamin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbery aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester And also upon the fourteenth day of the same month in the same year at Naseby field in the County of Norhampton At which severall times and places or most of them and at many other places in the Land at severall other times within the year afore mentioned And in the year of our Lord One thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free-people of the nation to be slain and by Divisions parties and insurrections within this land by invasions from Forragine parts endeavoured and procured by him and by many other evill wayes and meanes He the said Charles Stuart hath not onely maintained carried on the said War both by land and sea during the year before mentioned but also hath renewed or caused to be renewed the said war against the Parliament and good people of this Nation in this present year One thousand six hundred fourty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other Counties and places in England and Wales and also by sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted
and imployed for the safety of the Nation being by him and 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 war and hostility against the said Parliament and people as aforesaid By which cruel and unnaturall wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent bloud of the Free-people of this nation hath been spilt many families have been undone the publick treasury wasted and exhausted trade obstructed miserablely decayed vast expence and damage to the Nation incurred and many parts of the land spoiled some of them even to desolation And for further prosecution of his said evill designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forraginers and to the Earl of Ormand and to the Irish Rebles and Revolters associated with him from whom further invasions upon this Land are thretned upon the procurment and on the behalfe of the said Charles Stuart All which wicked designes wars and evill practises of him The said Charles Stuart have been and are carried on for the advancing and upholding of the personall Interest of Will and Power and pretended Prerogative to himself and family against the publique intrest 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 bloudy wars and therein guilty of all the treasons murthers rapines burning 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 saveing on the behalf of the people of England the liberty of exhibiting at any time hereafter any other Charge against him the said Charles Stuart and also of the replying to the Answers which the said Charles Stuart shall make to the premises or any of them or any other Charge that shall be so exhibited doth for the said treasons crim's on the behalf of the said people of England impeach the said Charles Stuart as a Tyrant Tration Murtherer and a publick an implacable enemy to the Common-wealth of England And pray That the said Charles Stuart King of England may be put to answer all and every the premises that such proceedings examminations tryals sentence and Judgement may be there aupon had or shall be agreable to Justice The King was often times observed to smile in indignation during the reading of the Charge espacially at the words Tyrant TRATOR MURDERER and publick enemy to the Common-wealth The full Proceedings of the High Court of Justice against King Charls I. In Westminster Hall on Saturday the 20. of Ianuary 1648. L. President Bradshaw SIR You have now heard the Charge read containing such matters as do appear therein you have observed that in the Conclusion thereof It is required of the Court in the Name of the Commons of England that you answer to your charge which the Court doth expect The King I would be satisfied by what power I am called hither It is not long since that I was in the Isle of Wight How I came thither the story is longer than I conceive fitting in this place to declare But I there entered upon a Treaty with both Houses of Parliament with as much publick faith as its possible to be obtained from any people in the World I there treated with a number of honourable Lords and Gentlemen and I treated honestly and faithfully with them I cannot say but they dealt very ingenuously with me and we proceeded so far that the Treaty was even concluded Now I would understand by what Authority I mean lawfull I am brought hither There are many unlawfull Authorities in the world as Thieves and Plunderers in the high-wayes I would know by what authority I was taken from thence and carried from place to place I know not where When I have understood the lawfulnesse of the Authority I will make my Answer In the mean time remember that I am your King your lawfull King and weigh well with your selves what sins you heap on your own heads and the anger and judgements of God which you will bring upon this land I say seriously weigh it before you further do proceed from one sin to a greater Therefore declare unto me by what lawfull Authority I sit here and I will not refuse to Answer you In the mean time I will not betray my trust I have a trust committed to me by God by an ancient and lawfull succession I will not betray that by answering to a new and an unlawfull Authority wherefore satisfie me in this and you shall hear further from me L President Bradshaw If you had but pleased to observe what the Court did suggest unto you when you first came hither you had understood by what Authority you were brought hither which Authority doth require of you in the Name of the People of England by whom you are elected King than you make answer to them King No Sir I deny that L. President Bradshaw If you do not acknowledge the Authority of the Court they ought to proceed against you King I tell them that England was never an elective Kingdom but hereditary for almost these two thousand years Therefore declare unto me by what Authority I am brought hither I labour more for the liberty of my people than any of you who pretend to be my Judges and therefore I say declare unto me by what lawfull Authority I am placed here and I will answer you otherwise I shall make no answer at all L. President Bradshaw Sir how well you have administred the power committed to you is sufficiently known The method of your Answering is to put Interrogatories to the Court which doth not become you in this Condition Twice or thrice it hath been represented to you King There is present here a Gentleman Lieutenant Colonel Cobbet demand of him if he did not bring me from the Isle of Wight by force I come not hither to submit my self in this Court I will do as much for the Priviledges of the House of Commons rightly understood as any other I see not here the House of Lords which is able to constitute a Parliament and the King ought to be the Super-intendent there Is this to bring the King to his Parliament Is this to bring the publick Treaty to an end by the publick Faith of the world Either shew me your Authority established by the Scriptures which are the Word of God or confirmed by the constitutions of the Kingdom and I will answer you L. President Bradshaw Sir you have propounded a question and an answer hath been rendred but if you will not answer to what they do propound the Court will take it into
I can The Reasons for which in conscience and duty which I ow first unto God and afterwards to my people for the preservation of their lives their liberties and their fortunes I believe I cannot answer untill I am satisfied of your legality of it All proceeding against any man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceeding of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appeare a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunall of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law and reason and although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England than you are and if I should believe any man without he gives me Reasons what he saith It would be abused but I say unto you that the Reasons which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you spake of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you dispute against our Authority This again hath been told you by the Court. Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Professe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir it is not lawfull for you or any man else to dispute against this subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunall If you shall yet do it I must intimate unto you that they are above objections They set here by Authority of the Commons of England and all your Predecessors and you your selfe are bound to be accountable to them King I sdeny that shew me one example L. President Sir you ought not to interrupt but attend whilst the Court speakes unto you This subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of judicature and I would fain know how they came to be made so now President Sir it is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charles Stuard King of England you have been accused in the Name of the people of England of High Treason and other grievous Crimes The Court hath determined that you shal answer to your charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speake Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir it is not for prisoners to demand King Prisoners Sir I am no ordinary prisoner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supreme Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir we shew it you here the Commons of England and the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisoner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the laws and the Liberties of the people let England and all the world judge King Sir by your leave I have alwayes loved the Liberty the Immunities Laws of the subjects If I have defended myself by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what hour they intended to adjourn again to Westminster-hal where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Genrall turning to the L. President spake in these words May it please your Lordship 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 and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannical Government and set up his standard of warre against his Parliament and his 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 his charge But my Lord instead of making an answer he
did then dispute the Authority of this Tribunal and your Lordship being pleased to give him a further day to put in his answer which was yesterday I did move againe that he might be required to put in a direct and positive answer to his charge either by denying or confessing it but he was then pleased to debate the Jurisdiction of the Court although he was commanded to give a positive answer My Lord by reason of this great delay of Justice I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land that if a prisoner shall stand in contempt and not plead guilty or not guilty to the charge given against him it by an implicite confession ought to be taken pro confesso as I may instance in divers who have deserved more favor then the prisoner at the Bar hath done But I shall presse upon the whole fact The House of Commons the Supream Authority of the Kingdome have declared my Lord that it is notorious The matter of the charge is true and clear as chrystall or as the Sun that shineth at Noon day in which my Lord President if your Lordship and the Court be not satisfied I have severall witnesses on the behalf of the people of England to produce and therefore I do humbly pray and not so much I as the innocent blood that hath been shed the cry whereof is great for Justice and Judgement that speedy Judgement may be pronounced against the prisoner at the Bar. President Sir you have heard what hath been moved by Mr. Sollicitor on the behalfe of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget the delayes which you have made You have been pleased to propound some Questions and amply you have had your resolution on them you have been often told that the Court did affirm their own jurisdiction that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did deport your self in that manner that you gave no obedience nor did acknowledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice Sir the Court gives you to understand that they are very sensible of these demurres and that being thus authorised by the High Court of England they ought not to be trifled withall especially seeing if they please they may take advantage of these delayes and according to the rules of Justice proceed and pronounce Judgement against you Neverthelesse they are so favourable as to give direction to me and therefore on their behalfe I do require you to make a positive answer to this charge that hath been read against you Justice knows no respect of persons You are to give your positive and finall Answer in plain English whether guilty or not guilty of the Treason laid to your charge The King having meditated a little did answer in these words When I was here yesterday I desired to speak for the Liberties of the people of England I desire yet to know whether without interruption I may speak freely or not President Sir on the like Question you had yesterday the resolution of this Court you were told that having a charge of so high a nature against you your work was to acknowledge the Jurisdiction of the Court and to answer the charge after you have done that you shall be heard at large to make what defence you can for your self but Sir the Court commands me to make known unto you that you are not permited to run into any other discourses untill such time that you have returned a positive Answer to the matter that is charged upon you King I value not the charge a rush It is the Liberty of the people of England that I stand for For me who am your King and should be an example to all the Courts in England to uphold Justice and maintain the old Laws for me I say to acknowledge a new Court that I never heard of before is a thing that I knowe not how to do You did speak very well on the first day I came hither concerning the obligations that I have laid upon me by God for the maintenance of the Liberties of my people I do acknowledge that I do ow the same obligations to God and my people to defend as much as in me lies the ancient Laws of the Kingdome therefore untill I be satisfied that it is not against the fundamental Laws of the Kingdome I can put in no particulars to the Charge If you will give me time I will shew you my Reasons wherefore I cannot do it and Here being interrupted he said By your favour you ought not to interrupt me How I came here I do not know There is no law to make your King your prisoners I was in a Treaty upon the publick faith of the Kingdome that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaties I was hurried away and brought thither and therefore I would President Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to run into these discourses you appear here as a Delinquent you have not acknowledged the Authority of the Court the Court once more doth command you to give your positive Answer M Broughton Do your Duty King Duty Sir M. Broughton reads Charls Stuart King of England you are accused in the behalfe of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your positive and finall answer either by way of confession or by deniall of the Charge King Sir I say againe unto you If thereby I may give satisfaction to the people of England of the uprightnes of my proceedings not by way of answer but to satisfie them that I have done nothing against that trust that hath been committed to me I would do it but to acknowledge a new Court against their priviledges to alter the Fundamentall Laws of the Kingdome you must excuse me if I shall refuse to do it President Sir This is the third time that you have publiquely disowned this Court and put an affront upon it How far you have preserved the priviledges of the People your actions have spoke And truly Sir If mens intentions can be known by their actions you have written your intentions in bloody Characters throughout the whole Kingdome But Sir you are to understand the pleasure of the Court Clerk Record the default And Gentlemen you that are a guard to the prisoner take him back again King I will onely adde this one word If it were onely my own particular
I would not say any more nor interrupt you at all President Sir you have heard the pleasure of the Court and notwithstanding you will not understand it you are to finde that you are before a Court of Justice The King going forth Proclamation was made that all persons who then appeared and had further to doe with the Court might depart into the Painted Chamber to which place the Court adjourned being resolved to meet again in Westminster-hall by ten of the Clock the next morning Wednesday January 24. The Court being this day imployed upon Examinations of witnesses and other things in order to their next proceedings did appoint one of their Vshers to give notice to the people there assembled to appear on further summons The last proceedings against the King wherein they pronounc'd Sentence upon him on Saturday January 27. 1648. SIlence being commanded by the Crier the Court was called and Serjeant Bradshaw the Lord President was that day in a scarlet Gown There were present that day sixty and eight Members of the Court. The King turning to the Lord President said I shall desire to be heard some few words and I shall give no occasion of interruption President You may answer in due time heare 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 Judgement President Sir you shall be heard as I have told you in due time but you must hear the Court first King Sir What I am to speake will be in order as I conceive to what I believe the Court will say and therefore Sir I desire to be heard A hasty judgement is not so soon recalled President Sir you shall be heard before judgement be given and in the mean time you ought to forbear King Well Sir I shall be heard before the judgement be given President Gentlemen it is well known to all or the greatest part of you here present that the prisoner at the Bar hath been several times convented and brought before this 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 oftentimes commanded to answer he hath been so far from submiting to the Court as he hath under tooke to object against dispute the Authority of this Court of the High Court of Parliament who constituted this Court to try and judge him but being over-ruled in that and commanded to make answer he was still pleased to persevere in his contumacie and refused to submit to answer whereupon the Court that they may not be wanting to themselves and to the trust reposed in them nor that any mans wilfulness shall prevent the course of Justice have considered of the contempt and of that consequence which in Law doth arise on that contempt They have likewise considered of the notoriousness of the Fact charged upon the prisoner and upon the whole matter are resolved and have agreed upon a Sentence to be now pronounced against him but in regard he hath desired to be heard before Sentence he read and pronounced the Court is resolved to heare him yet Sir thus much I must tell you before hand of which also you have been minded at the other Courts that if what you are to propose shall tend to dispute the Jurisdiction of the Court you are not to be heard therein you have offerd it formerly and you have indeed struck at the root which is the power and Supream Authority of the Commons of England of which this Court will admit no debate and indeed it would be an unreasonable thing in them so to do being a Court which doth act upon that Authority which they have received from them they will not presume to judge upon their Superiours from whom there is no appeal But Sir If you have any thing to say in defence of your selfe concerning the matter with which you are charged the Court hath given me command to let you know they will hear you King Since I perceive you will not hear any thing of Debate concerning that which I confess I thought most material for the peace of the Kingdom and the Liberty of the Subject I shall wave it and speake nothing of it only I must tell you that these many daies all things have been taken from me but that I call more dear unto me than my life which is my conscience and my Honour and if I had respect to my life more than to the peace of the Kingdom and the Liberty of the Subject I should certainly have made a particular defence for my self for by that at least I might have deferred an ugly sentence which I expect to pass upon me Therefore undoubtedly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not over-born the care of my own preservation I should have gone another way to work than now I have done Now Sir I conceive that a hasty sentence once passed may sooner be repented then revocked and truly the same fervent desire I have for the peace of the Kingdom the Liberty of the Subject more than my own particulars doth make me now at last move that having something to say concerning both I may be heard before my Sentence be pronounced before the Lords and Commons in the Painted Chamber This delay cannot be prejudicial to you whatsoever I shall utter If I speake not reason those that heare me must be my Judges but if it be Reason and really for the welfare of the Kingdome and the Libertie of the subject I am sure of it it will be well worth the bearing Therefore I conjure you as you love that which you pretend I hope it is real the Libertie of the Subject and the peace of the Kingdom that you will grant me the hearing before sentence be past I onely desire this that you will take this into your consideration It may be you have not heard of it before hand If you thinke well of it I will retire and you may thinke of it but if I cannot get this Libertie I do here protest that so fair shews of Libertie and peace are but pure shews and no otherwise if in this you will not hear your King President Sir you have now spoken King Yes Sir President And this which you have spoken is but a further declining of the Jurisdiction of this Court which is the thing wherein you were limited before King Pray excuse me Sir for my interruption because you do mistake me It is not a declining of it you do judge me before you heare me speake I say I will not I do not decline it although I cannot acknowledge the Jurisdiction of it in this give me leave to say that though I would not though I did not acknowledge it in this yet I protest this is not to
decline it since I say If that which I shall propound be not for the peace of the Kingdome and the Liberty of the subject then the shame is mine Now I desire that you will take this into your consideration if you will I will withdraw President Sir This is not altogether new that you have offered unto us I say it is not altogether new unto us although it be the first time that in person you have offered it to the Court Sir you say you do not decline the Jurisdiction of the Court. King Not in this that I have said President I understand you well enough Sir Nevertheless that which you have propounded seems to be contrary to that which you have said for the Court are ready to proceed to sentence It is not as you say that they will not hear their King For they have been ready to hear you they have patiently waited your pleasure for three Court daies together to hear what you would answer to the peoples charge against you to which you have not vouchsafed to give any answer at all Sir this doth tend to a further delay and truly Sir Such delays as these neither may the Kingdom nor Justice admit You have had the advantage of three several dayes to have offered in this kind what you were pleased to have propounded to the Lords and Commons This Court is founded upon the Authority of the Commons of England in whom resteth the Supream Jurisdiction That which you now tender to the Court is to be tried by another Jurisdiction a co-ordinate Jurisdiction I know very well how you have expressed your self and that notwithstanding what you would propound to the Lords and Commons yet neverthesess you would proceed on here I did hear you say so but Sir That which you would offer there whatsoever it be must needs be in delay of Justice here so as if this Court be resolved and prepared for the sentence they are bound in Justice not to grant that which you so much desire but Sir according to your desire and because you shall know the full pleasure of the Court upon that which you have moved the Court shall withdraw for a time King Shall I withdraw President Sir you shall know the the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms the Court gives you command that the prisoner withdraw and that about half an hour hence the prisoner be returned again The time being expired the Court returned and the Lord President commanded the Serjeant at Arms to send for his prisoner The King being come attended with his Guard The Lord President said unto him Sir you were pleased to make a motion here to the Court concerning the desire you had to propound something to the Lord◠and Commons in the Painted Chamber for the peace of the Kingdome Sir you did in effect receive an Answer before the Court adjourned Truely Sir their adjournment and withdrawing was pro formâ tantum for it did not seem to them that there was any difficulty in the thing they have considered of what you moved and have considered of their own Authority which is grounded as it hath been often said upon the Supream Authority of the Commons of England Assembled in Parliament The Court doth act according to their Commission Sir I have received an express Order from the Court to acquaint you that they have been too much delayed by you already and that this which you have now offered hath occasioned some little further delay they are Judges appointed by the highest Judges and Judges are no more to delay than they are to deny Justice they are good words in the old Charter of England Nulli negabimus nulli vendemus nulli deferremus justitiam There must be no delay but Sir the Truth is and so every man here observes it that you have much delayed them by your contempt and default for which long since they might have proceeded to judgement against you therefore notwithstanding what you have offered they are resolved to proceed to punishment and to judgement and this is their unanimous resolution King Sir I see it is in vain for me to dispute I am no Sceptick to doubt or to deny the power that you have I do know that you have power enough Sir I confess I do believe it would have been advantagious to the peace of the Kingdom if you would have been pleased to take the pains to shew the lawfulness of your power As for this delay which I have desired I do confesse it is a delay but it is a delay that is important for the peace of the Kingdom It is not my person that I look on alone It is the welfare of the Kingdom the peace of the Kingdome It is an old saying that we should think on long but perform great matters suddenly Therefore Sir I do say again I do put at your doors all the inconveniences of a hasty sentence I have been here now a full week this day eight dayes was the day in which I made in this place my first appearance The short respite but of a day or two longer may give peace unto the Nation whereas an hasty jugdement may bring such a perpetual trouble and inconvenience upon it that is the Child unborn may repent it And therefore once more out of the duty I owe to God and to my Country I do desire that I may be heard by the Lords and Commons in the painted Chamber or any other place that you will appoint me President Sir you have been already answered to what you have moved it being the same motion which you made before for which you have had the resolution and the judgement of the Court in it and the Court would now be satisfied from you whether you have any more to say for your selfe then you have yet said before they proceed to sentence King I say this Sir that if you will but hear me and give me this delay I doubt not but I shall give some satisfaction to all that are present and to my people that are absent and therefore I require you as you will answer it at the dreadfull day of Judgement that you will once again take it into your consideration President Sir I have received instructions from the Court. King Well Sir President If this must be reinforced or any thing of this nature your answer must be the same as it was before and they will proceed to sentence if you have no more to say King Sir I have nothing more to say onely I desire that this may be entred what I have said President The Court Sir then hath something else to say to you which although I know will be very unwelcom yet notwithstanding they are resolved to discharge their duty Sir you have spoken very well of a precious thing that you call a peace and it were much to be wished that God had put it
into your heart that you had as effectually endeavoured and studied the peace of the Kingdome as in words you seem to pretend but as the other day it was represented to you that actions must expound intentions Your actions have been clean contrary and truly Sir it doth appear very plainly to the Court that you have gone upon very erroneous principles This Kingdom hath felt it to their smart and it will be no comfort to you to think of it for Sir you have been heard to let fall such language as if you had not been subject to the Law or that the Law had not been your Superiour The Court is very sensible of it I hope so are all the understanding people of England That the Law is your Superiour you ought to have ruled according to the law you ought to have done so and your pretence hath been that you have done so But Sir the question is who shall be the expositors of the Law whether you and your party out of the Courts of Justice shall take upon you to expound the Law Or whether the Courts of Justice shall be the expounders themselves Nay this Sovereign and high Court of Justice the Parliament of England who may well be obliged to be the highest expounders of the Law since they are the Sole makers of it Sir for you to set your selfe with your single judgement or for those who adhere unto you to set themselves against the highest Court of Justice there is no Law for it Sir as the Law is your superior so truly there is something that is Superiour to the Law which is the Parent or Author of the Law and that is the people of England For as they are those who at first as other Countries have done did chuse unto themselves this form of Government that Justice might be administred and the peace preserved so they gave Laws unto their Governors according to which they were to govern and if those Laws should have proved inconvenient or prejudicial to the publick they had power in them reserved to themselves to alter as they should finde cause It is very true what some of your side have alleadged Rex non habet parem in regno This Court will affirm the same in some sense that whilest King you have not your Peer for you are major singulis but they will aver again that you are minor universis and the same Author tels you that in exhibitione juris you have no power but they are quasi minimus This we know to be Law Rex haebt superiorem Deum legem etiam Curiam and so sayes the same Author and he makes bold to proceed further Debent ei fraenum ponere they ought to bridle him We know very well the stories of old we cannot be ignorant of those Wars that were called the Barons Wars when the Noblity of the Land did stand out for the Liberty and the property of the Subject and would not suffer the Kings that did invade their Liberties to play the Tryants but did call them to an account for it and did fraenum ponere But Sir If the Nobility of the Land do forbear to do their duty now and are not so mindfull of their own Honour and the Kingdomes good as the Barons of England of old have been certainly the Commons of England will not be unmindefull of what is requisite for their preservation and their safety Justitiae fruendi causa Reges constituti sunt By this we learn that the end of having Kings or Governours is for their enjoying of Justice that is the end Now Sir If the King will go contrary to that end or if any Governour will go contrary to the end of his government he must understand that he is but an Officer in trust and that he ought to discharge that trust and order is to be taken for the animadversion and punishment of such an offending Governour Sir This is not a Law of yesterday since the time of the division betwixt you and the Parliament but it is a Law of old And we know very well both the Authors and the Authorities that acquaint us what the Law was in that point on the election of Kings when they took their Oath to be true unto the people and if they did not observe it there were those remedies instituted which are called Parliaments The Parliaments were they that were to adjudge the very words of the Authors the plainness and wrongs done by the King and Queen or by their Children such wrongs eespecially when the people could have no where else a remedy Sir this is the Case of the people of Eugland they could not have their remedy else where but in Parliament Sir Parliaments were instituted for that intent it was their main end that the grievances of the people might be redressed and truly if the Kings of England had been rightly mindefull of themselves they were never more in Majestie or State than in the time of the Parliament but how forgetfull some have been Histories have informed us and we our selves have a miserable a lamentable and a sad experence of it Sir by the old Laws of England I speake these things the rather to you because you were pleased to affirme the other day that you had as much knowledge in the Law as most Gentlemen of England It is very well Sir and truly Sir it is very sit for the Gentlemen of England to understand the Laws under which they must live and by which they must be governed And then Sir the Scripture sayes they that know their Ma-Masters will and do it not you know what follows the Law is your Master the acts of Parliament the Parliaments were anciently to be kept twice in the year as we find in our old Author that the Subject upon any occasion might have a remedie and a redress for his grievance Afterwards by severall Acts of Parliament in the dayes of your predecessor Edward the third they were to be but once a year What the Intermission of Parliaments in your times hath produced is very well known and the sad consequences of it as also what in the interim instead of Parliaments there hath been by you by a high and arbitrary hand introduced upon the people But when God by his Providence had so far brought it about that you could no longer decline the calling of a Parliament a Parliament was called where it may appear what your ends were against your ancient and Native Kingdom of Scotl but this Parliament of Engl. not serving your turn against them you were pleased to dissolve it Not long after another great necessitie occasioned the calling of this Parliament and what your designes and indeavours all along have been for the crushing and confounding of it hath been most notorious to the whole Kingdom And truly Sir in that you did strike at all it had been a sure way to have brought about that which this Charge doth lay upon you
your intention to subvert the fundemental Laws of the Land for the great Bulwarks of the peoples Liberty is the Parliament of England and to subvert and root up that which your aim hath been to do would certainly at one blow have confounded the Liberties and the properties of England Truly Sir It makes me call to minde I cannot forbeare to express it for Sir we must deal plainly with you according to the merits of your Cause for so is our commission It makes me I say to call to minde what I have read of a great Romane Emperor a great Roman tyrant may I call him Caligula by name who wished that the people of Rome had but one Neck that at one blow he might cut it off Your proceedings have been something like to this the people of England have been are no where else to be represented but in Parliament and could you have but confounded that you had at one blow cut off the neck of England But God hath reserved better things for us and hath been pleased to breake your Forces and to overthrow your designes and to bring your person in to custody that you might be answerable unto Justice Sir we know very well that it is a question which hath been much pressed by your side By what Presidents we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse on that subject howsoever I shall acquaint them that it is no new thing to cite Presidents almost out of all Nations where the people when power hath been in their hands have not sticked to call their Kings to an account and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people I will not waste time to mention France or Spain or the Empire of Germany or any other Countrey Volumnes may be written of it But truey Sir that President of the Kingdom of Arragon hath by some of us been thought upon The Justice of Arragon is as a man tanquam in medio positus it is placed between the people of that Countrey and the King of Spain so that if wrong be done by the King of Arragon the Justice of Arragon hath power to reform that wrong and he is acknowledged the Kings Superiour and bring the grand prisoner of the Priviledges and Liberties of the people he hath prosecuted against the Kings for their misgovernment Sir What the Tribunes were heretofore to Rome and what the Ephori were to the State of Lacedemon we sufficiently know they were as the Parliament of England to the English State and though Rome seemed to have lost her Liberty when once the Emperours were constituted yet you shall find some exemplary Acts of Justice even done by the Senate of Rome on the great Tyrant of his time Nero who was by them condemned and adjudged unto death But why Sir should I make mention of these Forreign Histories and Examples unto you If we shall look but over the Tweed we shall finde Examples enough in your Native Kingdom of Scotland If we look on your first King Forgusius he was an elective King he died and left two Sons both in their minority The elder brother afterwards giving small hopes to the people that he would govern them well so because he endeavoured to have supplanted his Uncle who was chosen by the people to govern them in his minority he was rejected by the people for it and the younger Brother was chosen c. Sir I will not take upon me to express what your Histories do at large declare you know very well that you are the hundred and nineth King of Scotland to mention all the Kings which the people of that Kingdome according to their power and Priviledge have made bold to deal withall either to banish imprison or put to death would be too long a story for this time and place Reges say your own Authors we created Kings at first Leges c. we imposed Laws upon them and as they were chosen by the suffrages of the people at the first so upon the same occasion by the same suffrages they may be taken down again and of this I may be bold to say that no Kingdom in the World hath yielded a more plentifull experience than your Native Kingdom of Scotland on the deposition and the punishment of their transgressing Kings I need not go far for an Example your Grand-mother was set aside and your Father an Infant Crown'd This State hath done the like in England The Parliament and people of England have made bold to call their King to an account therein frequent Examples of it in the Saxons time the time before the Conquest and since the Conquest there have not wanted some Presidents King Edward the second King Richard the second were so dealt with by the Parliament and were both deposed and deprived and truly Sir whosoever shall look into their stories shall not finde the Articles that are charged upon them to come near to the height and the Capitalnesse of the crimes that are laid to your charge nothing near Sir you were pleased the other day to alledge your descent and I did not contradict it but take all together if you go higher than the Conquest you shall find that for almost a thousand years these thinge have been and if you come down since the Conquest you are the four and twentieth King from William called the Conquerour and you shall find one half of them to come meerly from the State and not meerly upon the point of Descent This were easie to be instanced The time must not be lost that way I shall only represent what a grave and learned Judge said in his time who was well known unto you the words are since printed for posterity That although there were such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their Titles when it was declared by Parliament And Sir your Oath and the manner of your Coronation doth plainly shew that the Kings of England although it 's true by the Law the next person in bloud is designed yet if there were a just cause to refuse him the people of England might do it For there is a Contract and a bargain made betwixt the King and his people and your Oath is taken and certainly Sir the Bond is reciprocall for as you are Leige Lord so are they Leige Subjects and we know very well that Legantis est duplex the one is a Bond of perfection that is due from the Soveraign the other is a Bond of Subjection which is due from the Subject for if this Bond be once broken farewell Soveraignty â—ubjectio trahit c. These things may not be denyed for I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages for whether you have been as you
ought to be a Protector of England or a destroyer of England let all England judge or all the world that hath beheld it and though Sir you have it by inheritance in the way that is spoken of yet it cannot be denyed but your Office is an Office of Trust and indeed an Office of the highest Trust that can be lodged in any single person For as you were the grand Administrator of Justice and others were but as your Delegates to see it executed through your Dominions If your great Office were to do Justice and preserve your people from wrong if instead of executing Justice you will be the grand and publick disturber of the peace surely this is contrary to your Office and your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by descent let all men understand that great Offices are seizable and forfeitable as if you had it but for a year or for your life It will therefore much concern you to take into your serious consideration your great miscarriages in this nature Truly Sir I shall not in this place undertake to give you the particulars of the many miscarriages of your Reign whatsoever they have been they are notoriously known It had been happy for the Kingdome and for your self also if they had not been so much known and so much felt as they are every where complained on and reported Sir that we are now upon by the command of the highest Court hath been and is to bring you to your Triall and to judge you for these great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publike Enemy to the Common-wealth Sir it had been well if these terms might rightly and justly have been omitted nay if any one of them all King Ha! President Truly we have been told Rex est qui bene regit Tyrannus qui populum opprimit and if that be the definition of a Tyrant then see if you come short of it in your Actions and whether not the highest Tyrant by that way of arbitrary Government which you sought to introduce and were putting upon the people Examine with your self if that were not as high an act of Tyranny as any of your predecessours were guilty of yea many degrees beyond it Sir the Term Traytor cannot be spared we shall easily conclude that it doth enforce and denote a breach of Trust and it must be supposed to be done by a superior and therefore as the people of England might have incurred that term if they had been truly guilty of it as to the definition of the Law so on the other side when you did break you Trust to the Kingdom you did break your Trust to your superior For the Kingdom is that for which you were trusted And therefore when you are called to an account for this breach of trust you are called to account by your superior Minimus Majorem in judicium vocat And Sir the people of England cannot be so wanting to themselves whom God hath dealt miraculously and gloriously for they having both power and their great enemy in their hand but they must proceed to Justice to themselves and to you For Sir the Court could heartily desire that you would lay your hand upon your heart and consider what you have done amiss and that you would endeavour to make your peace with God Truly Sir These are two high Crimes Tyranny and Treason There is a third if those had not been and that is Murder which is laid to your charge also All the bloody murders that have been committed since the Division twixt you and your people must be laid to your charge Sir It is a hainous and a crying sin and truly Sir If any man will ask us what punishment is due unto a murtherer let Gods Law let mans Law speak I will presume you are so well read in the holy Scripture as that you know God himself hath said concerning the shedding of mans blood Gen. 9. and Numb 35. will tell you what the punishment is and this Court in the behalf of the Kingdome are sensible of that innocent blood that hath been shed and the Land indeed stands still defiled with that blood and as the Text hath it It can no way be cleansed but by the shedding of the blood of him who shed that blood Sir We know no dispensation from this blood in the Commandment Thou shalt do no Murther we do not know but that it extends to Kings as well as to the meanest peasants the meanest of the people the Command is universal Sir Gods Law forbids it mans Law forbids it nor do we know that there is any manner of exception not even in mans Laws for the punishment of Murther in you T is true that in the Case of Kings every private hand is not to put forth its self to this work for their reformation or punishment but the people represented having power in their hands were there but one willfull Act of murder by you committed have power to convent you and to punish you for it The weight Sir then lying upon you in all these respects that have been spoken for your Tyranny Treason Breach of trust and the murders that have been committed surely it would drive you into a sad consideration concerning your eternall estate I know it cannot be acceptable to you to heare any such things as these mentioned from this Court for so do we 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 Kingdome as hath been often already said And although you have indeavoured what lay in you to discourt us yet we do take knowledge of our selves to be such a Court as can administer justice to you as wee are bound in duty to it Sir all I shall say before the reading of the Sentence is but this The Court doth heartily desire that you will seriously consider of those Evills that you stand guilty of You said well the other day you wished us to have God before our eyes Truly Sir I hope all of us have so that God whom we acknowledge to be King of Kings and Lord of Lords that God with whom there is no respect of persons that God who is the avenger of Innocent blood that God have we before our eyes that God who bestowes a Curse upon them who is in the case of guilty malefactors that deserve death do withhold their hands from shedding of blood Sir that God we have before our eyes and were it not that the Conscience of our duty hath called us into this place and this imployment you should have had no appearance of a Court here But Sir we must preferre our respect unto God and to the Kingdom above any respects whatsoever and although at this present many of us if not all of us are severely threatned by some of your party what
they intend to do yet wee do here declare that we shall not decline or forbear the doing of our duty in the administration of Justice even to your selfe and that according to the merit of your offence although God should permit those men to effect all their bloody designs in in hand against us Sir we will say and will declare it as those Children in the fiery furnace who refused to worship the Golden Image that Nabuchadonazer had set up That their God was able to deliver them from the danger they were neer unto but if he did not deliver them yet they would not fall down and worship the golden Image We shall make this application of it That though we should not be delivered from those bloody hands hearts who conspire the overthrow of the Kingdom in generall and of our selves in particular for being actors in this great work of Justice though I say we should perish in the work yet by the grace in the strength of God we are resolved to go on with it And those are the intire resolutions of us all Sir I say for your selfe that we do heartily wish and desire that God would be pleased to give you a sense of your sins that you may see wherein you have done amisse and that you may cry unto him that God would deliver you from bloody-guiltinesse A good King David by Name was once guilty of that particular guilt he was otherwise upright saving in the matter of Vriath Truly Sir the History doth represent unto us that he was a repentant King and he had died for his sinne but that God was pleased to be indulgent to him and to grant him his pardon Thou shalt not die saith the prophet but the child shall die Thou hast given cause to the Enemies of God to blaspheme King I would onely desire to be heard but one word before you give sentence and it is that to satisfie the world when I am dead you would but heare me concerning those great Imputations which you have laid unto my charge President Sir you must now give me leave to proceed for I am not far from your Sentence and your time is now past King I shall desire you that you will take these few words into your consideration For what soever sentence you shall pronounce against me in respect of those heavy imputations which I finde you have laid to my charge yet Sir It is most true that President Sir I must put you in minde I must Sir although at this time especially I would not willingly interrupt you in any thing you have to say which is proper for us to admit but Sir you have not owned us as a Court and you looke upon us as a sort of people huddled together and we know not what uncivill language we receive from your party King I know nothing of that President You disavow us as a Court and therefore for you to addresse your selfe to us whom you do not acknowledge to be a Court for us I say to judge what you shall speake is not to be permitted and the truth is all along from the to disavow and disown us The Court needed not to have heard you one word for unless they be acknowledged a Court and ingaged it is not proper for you to speak Sir We have given you too large an indulgence of time already and admitted so much delay that we may not admit of any more If it were proper for us we should heare you very freely not decline to hear the most that you could speake to the greatest advantage for your self whether it were totall or but in part excusing those great and hainous charges which are laid upon you But I shall trouble you no longer your sins are of so large a demension that if you do but seriously think of them they will drive you into a sad consideration and we wish that they may improve in you a sad and serious repentance And it is the desire of the Court that you may be so penitent for what you have done amisse that God may at least have mercy on your better part As for the other it is our part and duties to doe that which the law prescribeth we are not now here jus dare but jus dicere we cannot be unmindfull of what the word of God tels us To acquit the guilty is of an equall abomination as to condemn the Innocent we may not acquit the guilty What sentence the law pronounceth to a traytor a tyrant a murtherer and a publike enemy to the Country that sentence you are now to hear read unto you and that is the Sentence of the Court. Hereupon the Lord President commanded the Sentence to be read whereupon M. King who was Cryer of the Court having commanded silence by his Oyes the Clerke read the sentence which was drawn up in Parchment and did run in these words Whereas the Commons of England in Parliament had appointed them an High Court of Justice for the tryall of Charls Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanors was read in the be halfe of the Kingdome of England which Charge followeth in these words This Charge being read said the Clerk Charls Stuard was required to give his answer which he refused to do but expressed these passages and many more such as these are in refusing to answer The Clerk having repeated many passages during the time of his triall in which the King shewed an aversenesse to acknowledge the Court did proceed to read the Sentence which was in these words For all which Treasons and Crimes this Court doth adjudge that the said Charls Stuart as a Tyrant Traytor Murtherer and a publike Enemy shall be put to death by severing his Head from his Body The Sentence being read the Lord President said This Sentence now read and published is the Act Sentence Judgement and resolution of the whole Court Hereupon the Court stood up as assenting to what the President said King Will you hear me one word Sir President Sir you are not to be heard after the Sentence King No Sir President No Sir by your favour Sir Guard withdraw your Prisoner King I may speak after the sentence By your favour Sir I may speak after Sentence ever The Guard drawing to him he said unto them by your favour hold and turning to the President he said the Sentence Sir I say Sir I do but being not permitted to proceed he said I am not suffered to speak expect what Justice other people will have Cryer All manner of persons that have any thing else to do are to depart at this time and to give their attendance in the Painted Chamber to which place this Court doth forthwith adjourn it self Then the Court arose and the Kings guard did bring him to Sir Rohert Cottons house and he was afterwards conducted to Saint Jameses
of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedom consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A â—ubject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I Pray God it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shall onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little better order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my conscience in Religion I think is already very well known to all the world and therefore I declare before you all that I die a Christian according to the profession of the Church of England as I found it left by my father and this honest man I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for the Nightcap and having put it on he said to the Executioner will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a Gratious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall finde great Joy and Solace King I go from a corruptible to an incorruptable Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the executioner Is my haire as it should be He then did put off his cloak and his George which he gave to Doctor Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the block he said unto the Executioner you should make it to be steddie Execut. It is so King It might have been something higher Execut. It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooped down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the signe Execut. So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi THE Illegall proceedings against the honourable Colonell John Penruddock of Comppton in Wiltshire and his Speech Which he delivered the day before he was beheaded in the Castle of Exon being the 16 day of May 1655 to a Gentleman whom he desired to publish them after his death Together with his prayer upon the Scaffold and the last Letter he received from his verteous Lady with his answer to the same Also the speech of that Piously resolved Gentlemen Hugh Grove of Chisenbury in the parish of Enford and County of Wilts Esquire beheaded there the same day Printed by order of the Gent. intrusted 1660. Col. Penruddock being writ to by a friend for an account of his triall writ as followeth SIR THough I received your desires something too late it being but two days before notice given me from the Sheriff of the day of my expiration for I cannot call this an execution it being for such a cause yet in order to your satisfaction I have borrowed so much time from my more serious Meditations as to give you this short account of my Triall wherein you must excuse both the brevity and imperfections it being but the issues of a bad memory UPon Thursday the 19. April 1655. the Commissioners of Oyer and Terminer being sate in the Castle of Exon summoned before them my self Mr. Huge Grove Mr. Richard Reeves Mr. Robert Duke Mr. George Duke Mr. Thomas Fitz-James Mr. Francis Jones Mr. Edward Davis Mr. Thomas Poulton and Mr. Francis Bennet Being all called to the Barre we were commanded to hold up our hands and an Indictment of high treason was read against us and being asked whether we would plead guilty or not guilty to the Indictment in the behalf of my self and of the Gentlemen therein charged I spake as followeth Col. Penruddock My Lords though my education hath been such as not to give me those advantages which the knowledge of the Laws would assisted me with
for the defending my self yet upon hearing this very indictment my reason tells me that it is illegall and therefore I do demand Councell that may dispute the illegality thereof Serjeant Glyn. Sir you desire that which cannot be granted therefore give your answer whether you are guilty or not guilty of the Treason of which you stand charged Col. Pen. Sir by your favour it is that which hath been granted to my inferiors viz to Mr. Lilburn and to one Rolf a Shoemaker and I have as great a right to the Lawes as any person that sits here as my Judge I do therefore challenge it as my right Judge Nicholas whom I there see will tell you he himself was councell for this Rolf and it is a hard case if a free-born Gentleman of England cannot have the same priviledge that his inferiors have had before him Attorney Generall Sir there is a great difference between Treason acting and acted the later is your case therefore flatter not yourself and do not think your being mute shal save your estate in case of treason for if you plead not to the indictment sentence will be pronounced against you as if you had been found guilty of the fact you are charged with Col. Pen. Sir I observe your distinction but all the Logick you have shall not make me nor any Rationall man acknowledge that this was either acting or acted before it be proved Sir it is but a bare suspicion and I hope you will not condemne me before I am convicted I say the Indictment is illegall and I do demand Councell At. Gen. Sir the Court must not be dallied withall I do peremtorily demand of you are you guilty or not guilty If you plead you may have favour otherwise we shall proceed to sentence Col. Pen Sir put case I do plead shall I then have Councell allowed me At. Gen. Sir the Court makes no bargains refer your self to us Hereupon my fellow-prisoners perswaded me to plead not guilty which being done I demanded Councell as being partly promised it Mr. Attorney told me I could have none Then I replyed Col. Pen. Sir Durus est hic sermo it is no more then Jexpected fromy you but rather then I will be taken off unheard I will make my own defence as well as I can The Jurors being then called I challenged about 24 of the 35. I might have challenged The rest of the Gentlemen were sent from the bar I was left alone upon my triall and the Jurors were so pact that had I known them the issue had been the same that it was The Jurors being sworn and the Indictment again read Mr. Atturney demanded what exception I could make to it Col. Pen. Sir I except against every part thereof For I take it to be illegall in toto Composito Recorder Steel Sir It is not usual for any Court to admit of generall exceptions therefore we expect that you should make it to some particular Col. Pen. Sir I desire a Copy of my Indictment and time untill tomorrow to make my defence At. Gen. Sir You cannot have it the Court expects you should do it now Col. Penruddock Then if I cannot have time if my Generall exception might have been admitted it would have told you that there can be no high Treason in this nation but it must be grounded upon the Common or the Statute law But this is neither ground upon the Common Law or the Statute ergo no Treason against a Protector who hath no power according to Law neither is there any such thing in Law as a Protector for all Treasons and such pleas are Propria Causa Regis Ser. Glyn. Sir You are peremptory you strike at the Government you will fare never a whit the better for this speech speak as to any particular exception you have to the Indictment Col. Penruddock Sir If I speak any thing which grates upon the present Government I may confidently expect your pardon my life is as deare to me as this Government can be to any of you The holy Prophet David when he was in danger of his life feigned himself mad the spittle hung upon his beard you may easily therefore excuse my imperfections And since I am now forced to give you my particular exception more plainly to the Indictment I am bold to tell you I observe in the latter part of the Indictment you say I am guilty of High Treason by vertue of a statute in that case made and provided If there be any such Statute pray let it be read I know none such My Actions were for the King and I well remember what Bract saith Rex non habet superiorem nisi Deum satis habet ad poenam quod Deum expectat ultorem And in another place he saith Rex habet potestatem jurisdictionem super omnes qui in regno suo sunt ea quae sunt jurisdictionis pacis ad nullum pertinent nisi ad regiam dignitatem habet etiam coertionem ut delinquentes puniat coerceat Again he saith Omnes sub Rege ipse nullo nisi tantum Deo non est inferior sibi subjectis non parem habet in regno suo This shewes us where the true power is You shall finde also That whosoever shall refuse to aid the King when war is levied against him or any that keep the King from his just Rights offends the law and is thereby guilty of Treason Again All men that adhere to the King in personall service are freed from Treason by Law and yet you tell me of a Statute which makes my adhering to the King according to Law to be high Treason Pray let it be read At. Gen. You have not behaved your self so as to have such a favour from the Court. Col. Pen. Sir I require it not as a favour but as my Right At. Gen. Sir you cannot have it Col. Pen. If I cannot have it these Gentlemen that are the Jurors have not offended you their verdict reaches to their souls as to my life pray let not them go blindfold but let that Statute be their guide At. Gen. Sir The Jury ought to be satisfied with what hath been already said and so might you too Col. Pen. Sir I thank you you now tell me what I must trust to Mr Atturny then made a large speech in the face of the Court wherein he aggravated the offence with divers circumstances as saying I had been four years in France and held a corespondency with the King my Master of whom I had learned the Popish Religion That I endeavoured to bring in a debauched lewd young man and to engage this Nation in another bloody war and that if I had not been timely prevented I had destroyed them meaning the Jurors and their whole families I interrupted him and said Col. Pen. Mr Atturny you have been heretofore of Councel for me you then made my case better then indeed it was I see you have the faculty to make