Peregrine Pelham Esq Francis Lassells Esq John Downs Esq John Brown Esq John Hutchinson Esq Miles Corbet Esq Humphrey Edwards Esq Edmond Harvy Esq William Goff Esq The Comissioners of the Court being as aforesaid met and informing themselves of the tenor of their Commission they accordingly appoint the said Court to be holden in the same place on Wednesday the Tenth of the said Month of January and ordered Proclamation thereof to be made in the great Hall at Westminster by Edward Dendy Serjeant at Arms Authorizing him thereunto by Precept under their Hands and Seals in these words following viz. By Virtue of an Act of the Commons of England Assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of Charles Stuart King of England we whose Names are hereunder written being Commissioners amongst others nominated in the said Act do hereby appoint That the High Court of Justice mentioned in the said Act shall be holden in the Painted Chamber in the Palace of Westminster on Wednesday the tenth day of this instant January by One of the Clock in the afternoon and this we do appoint to be Notified by Publique Proclaiming hereof in the great Hall at Westminster to morrow being the Ninth day of this Instant January betwixt the hours of Nine and Eleven in the Forenoon In Testimony whereof we have hereunto set our Hands and Seals this eight day of January Anno Domini 1648. We the Commissioners whose Names are hereunto Subscribed do hereby Authorize and Appoint Edward Dendy Serjeant at Arms to cause this to be Proclaimed according to the Tenor thereof and to make due Return of the same with this Precept to the said Court at the time and place above-mentioned Sealed and Subscribed by William Monson Tho. Grey Oliver Cromwell Gregory Norton Henry Ireton H. Edwards John Hutchinson Har. Waller William Constable John Lisle Henry Martin Valentine Wauton John Blackistone Gilbert Millington Adrian Scroope James Temple James Chaloner Thomas Harrison John Jones John Huson Peregr Pelham Edward Ludlow John Berkstead Peter Temple Edw. Whaley John Okey Rob. Tichbourn Thomas Pride Henry Smith Thomas Maleverer Thomas Challoner John Fry John Bourchier John Carew Aug. Garland Richard Deane Daniel Blagrave Which said Precept is thus returned on the Backside viz. I have caused due Proclamation to be made hereof according to the tenor of the Precept within written E. Dendy Serjeant at Arms. And in order to the more regular and due proceedings of the said Court they nominate Officers and accordingly chose Mr. Aske Dr. Dorislaus Mr. Steel and Mr. Cooke Councel to attend the said Court Mr. Greaves and Mr. John Phelpes Clerks to whom notice thereof was ordered to be given Mr. Edward Walford Mr. John Powel Mr. John King Mr. Phineas Payne and Mr. Hull are chosen Messengers to attend this Court January the Ninth 1648. According to the Precept of the Eighth instant Serjeant Dendy made Proclamation for the sitting of the said Court in manner following viz. About Ten of the clock of the same day the said Serjeant being attended with six Trumpets and a Guard of two Troops of Horse himself with them on horseback bearing his Mace rideth into the middle of Westminster-Hall the Court of Chancery then sitting at a general Seal where after the said Trumpets sounding the Drums then likewise beating in the Palace-yard he causeth the said Precept to be openly read which being done the House of Commons at the same time sitting Order as followeth Die Martis 9 Januarii 1648. Ordered by the Commons Assembled in Parliament that the same Proclamation that was made this Morning in Westminster-Hall touching the Tryal of the King be made at the Old Exchange and in Cheapside forthwith and in the same manner and that Serjeant Dendy the Serjeant at Arms do Proclaim the same accordingly and that the Guard that lieth in Pauls do see the same done In pursuance whereof Serjeant Dendy about twelve of the clock of the same day accompanied with ten Trumpets and Two Troops of Horse drawn out for that purpose in Paul's Church-Yard himself mounted bearing his Mace they all march from thence unto the Old Exchange London where after the Trumpets had sounded he maketh Proclamation as he had done before in Westminster-Hall And from thence they immediately march to Cheapside making the like Proclamation there also in manner as aforesaid during all which time the Streets are throng'd with Spectators without the least violence injury or affront publiquely done or offered Mercurii 10 Januarii 1648. Commissioners present Painted Chamber Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Knight Valentine Wauton Esq Edward Whaley Esq Thomas Harrison Esq Thomas Pride Esq Sir Thomas Maleverer Baronet James Challoner Sir John Danvers John Fry Sir Gregory Norton Augustine Garland Peter Temple Daniel Blagrave John Ven. Henry Martin William Purefoy John Blackistone Gilbert Millington Edmond Ludlow John Hutchinson John Corbet Robert Tichbourne Esq Owen Roe Esq John Dean Esq John Huson Esq Cornelius Holland Esq John Carew Esq Thomas Lister Esq Sir Henry Mildmay Knight Thomas Challoner Esq Peregrine Pelham Esq John Moor Esq William Say Esq Francis Lassells Esq Henry Smith Esq Thomas Scot Esq Nicholas Love Esq Vincent Potter Esq Adrian Scroope Esq John Dixwell Esq John Lisle Esq John Okey Esq John Berkstead Esq The Court being sat in the Place aforesaid began to take into consideration the manner and order that they intended to observe at the Kings Tryal and appointed two Ushers of the Court viz. Mr. Edward Walford and Mr. Vowell and Mr. Litchman was chosen a Messenger of this Court John Bradshaw Serjeant at Law a Commissioner of this Court was then chosen President of the said Court who being absent Mr. Say one of the Commissioners then present was appointed President Pro tempore and untill the said Serjeant Bradshaw should attend the said Service the said Mr. Say accordingly took his place and gave the thanks of this Court to Mr. Garland one of the Commissioners of this Court for his great pains by him formerly taken about the business of this Court The Court were informed of the great and important Imployment that at present lay upon Mr. Greaves in the behalf of the Commonwealth from which he cannot be spared without prejudice to the Publique and it was therefore moved in his behalf that he might be Excused from attending the service of one of the Clerks of the said Court which the Court admitted as a sufficient Excuse and thereupon Mr. Andrew Broughton was named and appointed one of the Clerks of this Court with John Phelpes the said John Phelpes being then sent for by a Messenger of the Court and accordingly making his appearance was commanded to attend the said service who attended the same accordingly and a Messenger of the Court was sent to Summon the said Mr. Broughton Mr. Aske Mr. Steel Dr. Dorislaus and Mr. Cooke are appointed Councel in the behalf of the Common-wealth to prepare and
before the said Lodging-Chamber be for the King's Dining-Room and that a Guard consisting of Thirty Officers and other choice Men do always attend the King who are to attend him at his Lodging above Stairs and that Two of the said Thirty do always attend in his Bed-Chamber That Place for a Court of Guard for 200 Foot-Soldiers be built in Sir Robert Cotton 's Garden near the Water-side That Ten Companies of Foot be constantly upon the Guards for securing Sir Robert Cotton's House and those Companies to be Quartered in the Court of Requests the Painted Chamber and other necessary Places thereabouts That the Passage that cometh out of the Old Palace into Westminster-Hall be made up at the Entrance of the said Passage next the said Guard That the top of the Stairs at the Court of Wards Door have a cross Barr made to it That the King be brought out of Sir Robert Cotton's House to his Tryal the lower way into Westminster-Hall and so brought to the Barr in the Face of the Court attended by the above-said Guard above Stairs That Two Rayls of about forty foot distance from the Place where this Court shall Sit in Westminster-Hall be made cross the said Hall for the effectual and substantial doing whereof this Court do refer it to the care of the Committee appointed to consider of the manner of bringing the King to Tryal who are likewise to take care for raising the Floor in such part of the Hall as they shall think fit for placing of the Guards and that a Rayl or Rayls from the Court down to the Hall-Gate be made in such manner as they shall think fit on the Common-Pleas side to keep the People from the Soldiers That there be â—â—ards set upon the Leads and other places that have Windows to look into the Hall That the General be desired from time to time to send and appoint convenient Guards of Horse for the convenient Sitting of the Court. That Twenty Officers or other Gentlemen do attend upon the Lord President from time to time to and from this Court through Westminster-Hall That the Officers of the Ordnance do send unto this Court 200 Halberts or Partizans lying within the Tower of London for the Arming of the Guards that are to attend this Court That at the time of the Tryal of the King the Commissioners do before their Sitting in the Court meet in the Exchequer-Chamber and do from thence come up the Hall into the Court. That all Back-doors from the House called Hell be stopt up during the Kings Tryal That Lodgings be prepared for the Lord President at Sir Abraham Williams 's House in the New Palace-Yard during the Sitting of this Court and that all Provisions and Necessaries be provided for his Lordship That Sir Henry Mildmay Mr. Holland and Mr. Edwards do take care for providing all Provisions and Necessaries for the King during his Tryal That Sir Henry Mildmay Mr. Holland and Mr. Edwards do likewise take care for all Necessaries for the Lord President Ordered That the Committee for considering of the manner of bringing the King to Tryal do consider what Habits the Officers of this Court shall have who are to advise with some Heralds at Arms therein and concerning the Ordering of the said Officers That a Sword be carried before the Lord President at the Tryal of the King That John Humphreys Esq do bear the Sword before the Lord President That a Mace or Maces together with a Sword be likewise carried before the Lord President This Court doth Adjourn it self to Three of the Clock in the Afternoon Jan. 17. 1648. Post Meridiem Three Proclamations The Court is cleared of Strangers and they sit private The Charge against the King is presented by the Councel and Ordered to be re-committed to the Committee appointed for Advice with the Councel concerning the Charge against the King who are to contract the same and fit it for the Courts proceeding thereupon according to the Act of Parliament in that behalf And the same Committee are likewise to take care for the King 's coming to Westminster to Tryal at such time as to them shall seem meet and Lieutenant Gen. Cromwell is added to the said Committee and the Councel are to attend this Court with the said Charge to morrow at Two of the Clock in the Afternoon and thereupon Ordered That the Committee for Considering of the manner of bringing the King to Tryal do meet to Morrow Morning at Eight of the Clock in the Exchequer-Chamber The Court Adjourned it self till the Morrow at Two of the Clock in the Afternoon to the same Place Jovis 18 Jan. 1648. Three Proclamations made Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Edward Whalley Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Bar. Sir Hardress Waller John Berkstead John Blackistone Sir William Constable John Hutchinson Robert Tichbourne Cornelius Holland John Moore Richard Deane John Okey Thomas Hammond John Carew William L. Mounson John Huson Thomas Pride William Cawley Henry Smith Peter Temple Thomas Wogan George Fleetwood Francis Lassels Adrian Scroope Peregrine Pelham John Fry Sir Gregory Norton Humphrey Edwards John Venn William Purefoy Simon Meyne John Browne Herbert Morley Here the Court sit private Col. Tichbourne one of the Commissioners of this Court informeth the Court that he was with Mr. Steel Attorney of this Court and found him in his Bed very sick and by reason thereof not like to attend yet the Service of this Court according to former Order and desired him the said Colonel to signifie that he the said Mr. Steel no way declineth the Service of the said Court out of any disaffection to it but professeth himself to be so clear in the Business that if it should please God to restore him he should manifest his good Affection to the said Cause and that it is an addition to his Affliction that he cannot attend this Court to do that Service that they have expected from him and as he desires to perform The Court Adjourned it self till to morrow Two of the Clock in the Afternoon Veneris 19 Jan. 1648. Three Proclamations The Court called openly The Commissioners Present John Bradshaw Serjeant at Law Lord President Henry Ireton Sir Hardress Waller Knight Thomas Harrison Edward Whalley Isaac Ewers William Lord Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. William Heveningham William Purefoy John Barkstead John Blackistone Gilbert Millington John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Huson Cornelius Holland John Jones Peregr Pelham Thomas Challoner Algernon Sydney William Say Francis Lassells Henry Smith Humphrey Edwards John Fry Sir Gregory Norton Bar. John Dove Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple John Brown John Okey William Goffe John Carew Here the Court sate private Col.
Beverley 3 Julii 1642. Tho. Gower Vi. Co. To all Head Constables and Constables in the East-Riding of the County of York and to all other His Majesties Loyal Subjects John Bennet of Harwood in the County of York Glover Sworn and Examined saith That he being a Soldier under the King's Command the first Day that the King's Standard was set up at Nottingham which was about the middle of Summer last was six years he this Examinant did work at Nottingham and that he did see the King within the Castle of Nottingham within two or three days after the said Standard was so set up and that the said Standard did fly the same day that the King was in the said Castle as aforesaid and this Deponent did hear that the King was at Nottingham the same day that the said Standard was first set up and before And this Deponent further saith That he this Deponent and the Regiment of which he then was had their Colours then given them and Sir William Penyman being the Colonel of the said Regiment the said Sir William Penyman was present with his said Regiment at that time And this Deponent further saith That there was then there the E. of Lindsey's Regiment who had then their Colours given them and that the said E. of Lindsey was then also Proclaimed there The King's General and that it was proclaimed then there likewise in the King's Name at the Head of every Regiment that the said Forces should fight against all that came to oppose the King or any of His Followers and in particular against the E. of Essex the Lord Brooke and divers others and that they the said E. of Essex and Lord Brooke and divers others were then proclaimed Traytors and that the same Proclamations were Printed and dispersed by the Officers of the Regiments throughout every Regiment And this Deponent further saith That the said Standard was Advanced upon the highest Tower of Nottingham Castle and that he this Deponent did see the King often in Nottingham at that time that the said Forces continued at Nottingham as aforesaid they continuing there for the space of one Month and that the Drums for raising Volunteers to fight under the King's Command were then beaten all the said County over and divers other Forces were raised there And this Deponent further saith That he did take up Arms under the King's Command as aforesaid for fear of being Plundered Sir William Penyman giving out that it were a good deed to Fire the said Town because they would not go forth in the King's Service and that this Deponent's Father did thereupon command him this Deponent to take up Arms as aforesaid and that divers others as they did confess did then also take up Arms for the King for fear of being Plundered And this Deponent further saith That in or about the Month of October 1642. he did see the King at Edge-Hill in Warwickshire where he sitting on Horseback while his Army was drawn up before him did speak to the Colonel of every Regiment that passed by him that he would have them speak to their Soldiers to encourage them to stand it and to fight against the L. of Essex the L. Brookes Sir William Waller and Sir William Balfour And this Deponent saith That he did see many slain at the Fight at Edge-Hill and that afterwards he did see a List brought in unto Oxford of the Men which were slain in that Fight by which it was reported that there were slain 6559 Men. And this Deponent further saith Afterwards in or about the Month of November 1642. he did see the King in the Head of his Army at Hounslow-Heath in Middlesex Prince Rupert then standing by Him And he this Deponent did then hear the King encourage several Regiments of Welshmen then being in the Field which had run away at Edge-Hill saying unto them That He did hope they would regain their Honour at Brentford which they had lost at Edge-Hill William Brayne of Wixhall in the County of Salop Gent. being Sworn and Examined deposeth That about August in the Year 1642. this Deponent saw the King at Nottingham while the Standard was set up and the Flagg flying and that he this Deponent much about the same time Marched with the King's Army from Nottingham to Derby the King himself being then in the Army And about September the said Year he this Deponent was put upon his Tryal at Shrewsbury as a Spy before Sir Robert Heath and other Commissioners of Oyer and Terminer the King then being in person in Shrewsbury Henry Hartford of Stratford upon Avon in Warwickshire Sworn and Examined deposeth That about Corn-Harvest in the Year 1642. this Deponent saw the King in Nottingham Castle while the Standard was set upon one of the Towers of the said Castle and the Flagg flying And he further saith and deposeth That he this Deponent saw the King the same Year about the Month of November in Brainford Town on Horseback with a great many Commanders about him on a Sunday Morning when on the Saturday Night before there were a great many of the Parliaments Forces slain by the Kings Forces in the said Town Robert Lacy of the Town and County of Nottingham Painter Sworn and Examined deposeth That he this Deponent in Summer-time in the Year 1642. by Order from my Lord Beaumont did Paint the Standard-Pole which was set up on the top of the old Tower of Nottingham Castle And he further saith That he saw the King in the Town of Nottingham diverse times while the Standard was up there and the Flagg flying and the King did lie at the House of my Lord of Clare in Nottingham Town and that he this Deponent did then and there see the King many times Edward Roberts of Bishop-Castle in the County of Salop Ironmonger Sworn and Examined saith and deposeth That he this Deponent saw the King in Nottingham Town while the Standard was set upon the High Tower in Nottingham Castle And he further saith That he saw the King at the Head of the Army at Shrewsbury upon the March towards Edge-Hill and that he likewise saw the King in the Reer of his Army in Keynton-Field and likewise saw the King upon the Sunday Morning at Brainford after the Fight upon the Saturday next before in the said Town Robert Loads of Cottam in Nottinghamshire Tyler Sworn and Examined saith That he this Deponent about October in the Year 1642. saw the King in the Reer of his Army in Keynton Field upon a Sunday where he saw many slain on both sides And he further saith That he saw the King in Cornwal in his Army near the House of my Lord Mohun about Lestithiel about Corn-Harvest 1644. Samuel Morgan of Wellington in Com. Salop Felt-maker Sworn and Examined deposeth That he this Deponent upon a Sunday Morning in Keynton-Field saw the King upon the top of Edge-Hill in the Head of the Army some two hours before the Fight which
saw a Flagg flying upon the Tower of Nottingham Castle and that the next day afterwards he did see the King at Nottingham when the said Flagg was still flying which Flagg this Deponent then heard was the King's Standard He saith also That he did afterwards see the King at Cropredy-Bridge in the Head of his Army in a Fallow Field there and did see the King in pursuit of Sir William Waller's Army being then Routed which was about the Month of July 1644. And at that time this Deponent did see many People slain upon the Ground And further this Deponent saith That in or about the Month of Novemb. 1644. he did see the King at the last Fight at Newbury riding up and down the Field from Regiment to Regiment whilst his Army was there fighting with the Parliaments Forces and this Deponent did see many Men slain at that Battel on both sides Michael Potts of Sharpereton in the County of Northumberland Vintner Sworn and Examined deposeth That he this Deponent saw the King in the Head of the Army in the Fields about a Mile and a half from Newbury Town upon the Heath the day before the Fight was it being about Harvest-tide in the Year 1643. And he further saith That he saw the King on the day after when the Fight was standing near a great Piece of Ordnance in the Fields And he further saith That he saw the King in the second Newbury Fight in the Head of his Army being after or about Michaelmas 1644. And he further saith That he saw a great many Men slain at both the said Battels And he further saith That he saw the King in the Head of his Army near Cropredy-Bridge in the Year 1644. And he further saith That he saw the King in the Head of his Army in Cornwal near Lestithiel while the E. of Essex lay there with his Forces about the middle of Harvest 1644. George Cornwal of Aston in the County of Hereford Ferryman Aged fifty Years or thereabouts sworn and examined saith That he this Deponent did see the King near Cropredy-Bridge about the time of Mowing of Corn 1644. in the Van of the Army there and that he drew up his Army upon a Hill and faced the Parliaments Army and that there was thereupon a Skirmish between the King 's and the Parliaments Army where he this Deponent saw divers persons slain on both sides The Examination of Henry Gooche of Grayes-Inn in the County of Middlesex Gent. Sworn and Examined This Deponent saith That upon or about the Thirtieth day of September last he this Deponent was in the Isle of Wight and had Access unto and Discourse with the King by the means of the L. Marquess of Hartford and Commissary Morgan where this Deponent told the King that his Majesty had many Friends and that since his Majesty was pleased to justifie the Parliaments first taking up Arms the most of the Presbyterian Party both Soldiers and others would stick close to him To which the King answered thus That he would have all his old Friends know that though for the present he was contented to give the Parliament leave to call their own War what they pleased yet that he neither did at that time nor ever should decline the Justice of his own Cause And this Deponent told the King that his Business was much retarded and that neither Col. Thomas nor any other could proceed to Action through want of Commission The King answered That he being upon a Treaty would not dishonour himself but that if he this Deponent would take the pains to go over to the Prince his Son who had full Authority from him he the said Deponent or any for him should receive whatsoever Commissions should be desired and to that purpose he would appoint the Marquess of Hartford to write to his Son in his Name and was pleased to express much of Joy and Affection that his good Subjects would ingage themselves for his Restauration Robert Williams of the Parish of St. Martins in the County of Cornwal Husbandman Aged twenty three Years or thereabouts sworn and examined saith That he this Deponent did see the King marching in the Head of his Army about September 1644. a Mile from Lestithiel in Cornwal in Armor with a short Coat over it unbuttoned And this Deponent further saith That he saw him after that in St. Austell Downes drawing up his Army And this Deponent saith he did after that see the King in the Head of his Army near Foy and that the E. of Essex and his Army did then lie within one Mile and a half of the King's Army The Witnesses being Examined as aforesaid the Court Adjourned for an hour 25 Jan. 1648. post Merid. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Daniel Blagrave John Okey Henry Marten John Carew Thomas Horton Sir Michael Livesey Bar. Owen Roe Sir John Bourchier Kt. Thomas Scot. John Moore Oliver Crowwell William Goffe Richard Deane Cornelius Holland Thomas Harrison Robert Lilbourne John Downs Edmond Ludlow Peregr Pelham Sir Henry Mildmay John Jones Valentine Wauton Sir Gregory Norton Bar. Sir Thomas Maleverer Bar. Adrian Scroope Henry Smith Anthony Stapeley John Huson Sir William Constable Bar. John Barkstead Sir John Danvers Edward Whalley Thomas Waite William Purefoy Thomas Pride John Fry John Blackistone Sir Hardress Waller Knight John Venn Robert Tichbourne Humphrey Edwards Peter Temple Vincent Potter William Cawley Isaac Ewers Richard Price of London Scrivener was produced a Witness to the Charge against the King who being Sworn and Examined saith That upon occasion of some tampering by the King's Agents with the Independants in and about London to draw them from the Parliaments Cause to the King's Party and this being discovered by some of those so tampered with unto sundry Members of the Committee of Safety who directed a carrying on of a seeming Compliance with the King he this Deponent did travel to Oxford in January 1643. having a safe Conduct under the Kings Hand and Seal which he this Deponent knoweth to be so for that the King did own it when he was told that this Deponent was the man that came to Oxon with that safe Conduct And this Deponent also saith That after sundry Meetings between him and the E. of Bristol about the drawing of the Independents unto the King's Cause against the Parliament the Substance of the Discourse at which Meetings the said Earl told this Deponent was communicated to the King he this Deponent was by the said Earl brought to the King to confer further about that Business where the King declared That he was very sensible that the Independents had been the most active men in the Kingdom for the Parliament against him and thereupon perswaded this Deponent to use all means to expedite their turning to Him and his Cause And for their better encouragement the King promised in the Word of a King That if they the Independents would turn to him and
prosecute the Charge against the King according to the Act of the Commons Assembled in Parliament in that behalf and in particular the Court did appoint Mr. Steel Attorney and Mr. Cooke Solicitor to take care thereof And the Act for Constituting the said Court was ordered to be transcribed and delivered to the said Councel which was done accordingly Mr. Love Mr. Lisle Mr. Millington Mr. Garland Mr. Marten Mr. Tho. Challoner Sir John Danvers and Sir Henry Mildmay or any two of them are appointed a Committee to consider of all circumstances in matter of order and method for the carrying on and managing the Kings Tryal and for that purpose to advise with the Councel assigned to prove the Charge against the King and to make Report therein the next Sitting and the care of the business is particularly recommended to Mr. Love Edward Dendy Serjeant at Arms made return of the Precept of the Eighth instant for Proclaiming the Sitting of the Court which was received the said Serjeant Dendy having Proclaimed the same by the sound of Trumpet in Westminster Hall as also at the Old Exchange and in Cheapside Edward Dendy Serjeant at Arms is appointed Serjeant at Arms to attend the said Court Mr. John King is appointed Cryer of the said Court The Court having thus made preparations for the said Tryal during all which time they sate private the doors are now opened for all parties that had any thing to do there to give their attendance Three Proclamations being made by the Cryer the Act for constituting the said Court was openly read and the Court called the Commissioners present were as before-named The Commissioners that were absent were ordered to be summoned to attend the said Service and Summons were issued forth accordingly The Court Adjourned it self till Fryday Jan. 12 th at Two of the Clock in the Afternoon to the same place Januarii 12 1648. At which time the Commissioners Present were as after-named Die Veneris 12 Januarii 1648. Painted Chamber Commissioners Present Oliver Cromwell Esq Sir John Danvers Thomas Hammond Esq Peregr Pelham Esq Herbert Morley Esq James Temple Esq William Say Esq John Huson Esq Sir John Bourchier Kt. John Bradshaw Serj. at Law Gilbert Millington Esq John Moore Esq John Brown Esq John Fry Esq Sir Hardress Waller Kt. Adrian Scroope Esq Thomas Challoner Esq Thomas Pride Esq John Lisle Esq Owen Roe Esq Thomas Scot Esq John Jones Esq John Carew Esq John Fagg Esq Henry Marten Esq John Blackistone Esq John Dove Esq Henry Smith Esq John Ven Esq John Downs Esq Nicholas Love Esq Thomas Harrison Esq John Berkstead Esq With divers more Serjeant Bradshaw upon special Summons attended this Court being one of the Commissioners thereof and being according to former Order called to take his place of President of the said Court made an earnest Apology for himself to be excused but therein not prevailing in obedience to the Commands and Desires of this Court he submitted to their Order and took place accordingly and thereupon the said Court Ordered concerning him as followeth viz. That John Bradshaw Serjeant at Law who is appointed President of this Court should be called by the Name and have the Title of Lord President and that as well without as within the said Court during the Commission and Sitting of the said Court Against which Title he pressed much to be heard to offer his Exceptions but was therein over-ruled by the Court. Mr. Andrew Broughton attended according to former Order and it was thereupon again Ordered That Andrew Broughton and John Phelpes Gent. be and they are hereby constituted Clerks of the said Court and enjoyned to give their Attendance from time to time accordingly Ordered That the Councel assigned or such as They or any of Them shall appoint shall have power to search for all Records and Writings concerning the King's Tryal and to take into their custody or order the producing of all such Records and Papers or Copies thereof by any Clerk or other Person whatsoever at or before the said Tryal as they shall judge requisite the Said Councel giving a Note under their Hands of their Receipt of all such Original Books and Papers which they shall so take into their custody And that the said Councel shall have power to send for such person or persons at or before the said Tryal and to appoint by Writing under their Hands their Attendance for the Service of the State in this Business as they shall think requisite requiring all Persons concerned to yield Obedience thereunto at their perils Sir Hardress Waller Knight and Col. Harrison are Ordered to desire the Lord General from time to time to appoint sufficient Guards to attend and guard the said Court during their Sitting Ordered That Col. Tichbourne Col. Roe Mr. Blackistone and Mr. Fry Members of this Court shall and do make Preparations for the Tryal of the King That it may be performed in a Solemn Manner and that they take care for other necessary Provisions and Accommodations in and about that Tryal and are to appoint and command such Workmen in and to their Assistance as they shall think fit Mr. Love Reporteth from the Committee appointed Jan. 10 th instant to consider of the Circumstances in Matters of Order for Tryal of the King And it is thereupon Ordered That in managing the Proceedings in Open Court at the time of the King's Tryal none of the Court do speak but the President and Councel and in case of any Difficulty arising to any one that he speak not to the Matter openly but desire the President that the Court may please to Advise By which Order it is not intended that any of the Commissioners be debarred at the Examination of any Witness to move the Lord President to propound such Question to the Witness as shall be thought meet for the better disquisition and finding out of the Truth Ordered That there shall be a Marshal to attend this Court if there be cause Ordered That the Lord President and Councel do manage the Tryal against the King according to Instructions to be given them by the Court and that the Committee for considering of all circumstances for the managing of the King's Trial do consider of Rules and Instructions in that behalf and are to consult with the Councel and address themselves to the Lord President for Advice in the Premises Ordered That the Councel do bring in the Charge against the King on Monday next The Committee for considering of the Circumstances of Order for the King's Trial together with Sir Hardress Waller Col. Whaley Mr. Scot Col. Tichbourne Col. Harrison Lieut. Gen. Cromwell and Col. Deane are appointed to consider of the place for Trying the King and make Report to morrow in the Afternoon and are to meet to morrow Morning in the Inner Court of Wards at Nine of the Clock and who else of the Court please may be there The Court Adjourned it self till the Morrow in the Afternoon at
England was openly read by one of the Clerks of the Court. The Act being read the Court was called every Commissioner present thereupon rising to his Name Commissioners present Westminster-Hall Jan. 20. 1648. John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William Lo. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Isaac Pennington Ald. of Lond. Henry Marten William Purefoy John Berkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Thomas Horton Thomas Hammond John Lisle Nicholas Love Vincent Potter Augustine Garland Richard Deane John Okey John Huson William Goffe Cornelius Holland John Carew John Jones Thomas Lister Peregr Pelham Francis Allen. Thomas Challoner John Moore William Say John Aldred Francis Lassells Henry Smith James Challoner Humphrey Edwards Gregory Clement John Fry Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scot. William Cawley Anthony Stapeley John Downs John Dixwell Simon Meyne James Temple Peter Temple Daniel Blagrave John Brown This done the Court command the Serjeant at Arms to send for the Prisoner and thereupon Col. Thomlinson who had the Charge of the Prisoner within a quarter of an hours space brought him attended by Col. Hacker and two and thirty Officers with Partizans guarding him to the Court his own Servants immediately attending him Being thus brought up in the Face of the Court the Serjeant at Arms with his Mace receives him and conducts him straight to the Bar having a crimson Velvet Chair set before him After a stern looking upon the Court and the People in the Galleries on each side of him he places himself in the Chair not at all moving his Hat or otherwise shewing the least respect to the Court but presently riseth up again and turns about looking downwards upon the Guards placed on the left side and on the multitude of Spectators on the right side of the said great Hall the Guard that attended him in the mean time dividing themselves on each side the Court and his own Servants following him to the Bar stand on the left hand of the Prisoner The Prisoner having again placed himself in his Chair with his Face towards the Court and Silence being again ordered and proclaimed the Lord President in the Name of the Court addressed himself to the Prisoner acquainting him That the Commons of England Assembled in Parliament being deeply sensible of the Evils and Calamities that had been brought upon this Nation and of the innocent Blood that had been spilt in it which was fixed upon him as the principal Author of it had resolved to make Inquisition for this Blood and according to the Debt they did owe to God to Justice the Kingdom and themselves and according to that Fundamental Power that rested and Trust reposed in them by the People other Means failing through his Default had resolved to bring him to Tryal and Judgment and had therefore constituted that Court of Justice before which he was then brought where he was to hear his Charge upon which the Court would proceed according to Justice Hereupon Mr. Cooke Sollicitor for the Common-wealth standing within a Bar with the rest of the Councel for the Common-wealth on the right hand of the Prisoner offered to speak but the Prisoner having a Staff in his hand held it up and softly laid it upon the said Mr. Cooke's Shoulder two or three times bidding him hold nevertheless the Lord President ordering him to go on Mr. Cooke did according to the Order of the Court to him directed in the Name and on the behalf of the People of England exhibit a Charge of High Treason and other high Crimes and did therewith accuse the said CHARLES STVART King of England praying in the Name and on the behalf aforesaid that the Charge might be accordingly received and read and due Proceedings had thereupon and accordingly preferred a Charge in writing which being received by the Court and delivered to the Clerk of the Court the Lord President in the Name of the Court ordered it should be read But the King interrupting the reading of it the Court notwithstanding commanded the Clerk to read it acquainting the Prisoner that if he had any thing to say after the Court would hear him whereupon the Clerk read the Charge the Tenor whereof is as followeth viz. A Charge of High Treason and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General appointed by the said Court for and on the behalf of the People of England against CHARLES STVART King of England THat He the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the Good and Benefit of the People and for the Preservation of their Rights and Liberties Yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National Meetings in Councel He the said CHARLES STUART for accomplishment of such his Designs and for the Protecting of himself and his Adherents in his and their wicked Practices to the same Ends hath Traiterously and Maliciously Levied War against the present Parliament and the People therein represented Particularly upon or about the Thirtieth day of June in the Year of our Lord 1642. at Beverley in the County of York and upon or about the Thirtieth day of July in the Year aforesaid in the County of the City of York and upon or about the four and twentieth day of August in the same Year at the County of the Town of Nottingham where and when he set up his Standard of War and also on or about the twenty third day of Octob. in the same Year at Edge-Hill and Keynton Field in the County of Warwick and upon or about the thirtieth day of November in the same Year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the Year of our Lord 1643 at Caversham-Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the Year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the Year last mentioned at Newbury in the County of Berks and upon or about the thirty first
Francis Allen. Sir Tho. Maleverer Bar. Valentine Wauton Peter Temple John Fry Thomas Scot. Henry Smith Thomas Pride Augustine Garland John Venn Sir John Bourchier William Purefoy Sir William Constable Bar. Isaac Pennington Ald. of Lond. Thomas Harrison Edmund Harvey John Hutchinson Oliver Cromwell Thomas Lord Grey of Groby Sir Gregory Norton Bar. Robert Wallop James Temple Owen Roe Richard Deane William Goffe Francis Lassels Edmond Ludlow William Cawley Gilbert Millington Sir Hardress Waller Anthony Stapeley John Jones Nicholas Love John Carew Tho. Andrews Ald. of Lond. Isaac Ewers John Huson Cornelius Holland Humphrey Edwards Vincent Potter John Okey John Blackistone Thomas Hammond Daniel Blagrave William Heveningham Sir Michael Livesey John Berkstead Peregrine Pelham John Downes Adrian Scroope John Dixwell John Moore Robert Tichbourne James Challoner Gregory Clement William L. Mounson Henry Marten Tho. Challoner Here the Court sit private Ordered That the Committee for nominating the Officers of this Court together with the Committee for nominating the Guards do consider of an Allowance for Diet of the Officers and what other satisfaction they shall have for their Service Col. Harvey informeth the Court That he was desired to signifie unto this Court in the behalf of Mr. John Corbet Member of this Court that his absence is not from any disaffection to the Proceedings of this Court but in regard of other especial Employment that he hath in the Service of the State Here the Court considered of the King's Carriage on the Saturday before and of all that had then passed on the Courts behalf and approved thereof as agreeing to their Sense and Directions and perceiving what the King aimed at viz to bring in question if he could the Jurisdiction of the Court and the Authority whereby they sate and considering that he had not in the interim acknowledged them in any sort to be a Court or in any Judicial capacity to determine of his Demand and Plea and that through their sides he intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representative The Commons Assembled in Parliament after Advice with their Councel Learned in both Laws and mature Deliberation had of the Matter Resolved That the Prisoner should not be suffered to bring these things in question which he aimed at touching that Highest Jurisdiction whereof they might not make themselves Judges and from which there was no Appeal And therefore Order and Direct viz. Ordered That in case the King shall again offer to fall into that Discourse the Lord President do let him know That the Court have taken into consideration his Demands of the last Day and that he ought to rest satisfied with this Answer That the Commons of England Assembled in Parliament have Constituted this Court whose Power may not nor should not be permitted to be disputed by him and that they were resolved he should answer his Charge That in case he shall refuse to Answer or acknowledge the Court the Lord President do let him know that the Court will take it as a Contumacy and that it shall be so Recorded That in case he shall offer to Answer with a Saving Notwithstanding of his pretended Prerogative That the Lord President do in the Name of the Court refuse his Protest and require his Positive Answer to the Charge That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring such his intention a Copy be granted unto him That in case the King shall still persist in his Contempt the Lord President do give Command to the Clerk to demand of the King in the Name of the Court in these Words following viz. CHARLES STUART King of England You are accused in the behalf of the People of England of diverse High Crimes and Treasons which Charge hath been read unto You The Court requires you to give a Positive Answer whether You confess or deny the Charge having determined that You ought to Answer the same Ordered That the Commissioners shall be called in open Court at the Courts Sitting in the Hall and that the Names of such as appear shall be Recorded Hereupon the Court forthwith Adjourned it self into Westminster-Hall Westminster-Hall 22 Jan. 1648. Post Merid. The Commissioners coming from the Painted Chamber take their Place in the Publick Court in Westminster-Hall as on Saturday before and being sate and the Hall Doors set open Three Proclamations are made for all Persons that were Adjourned over to this time to give their Attendance and for all Persons to keep Silence upon pain of Imprisonment The Court is thereupon called Commissioners Present in Westminster-Hall 22 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court William Say John Lisle Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Edmund Ludlow John Huson William Goffe Cornelius Holland John Carew Robert Lilbourne John Jones Francis Allen. Peregrine Pelham Thomas Challoner John Moore John Aldred Francis Lassels Henry Smith James Challoner Gregory Clement John Fry Thomas Wogan Peter Temple Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. Henry Martin William Purefoy John Berkstead William Tomlinson John Blakistone Gilbert Millington Sir William Constable Bar. Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Deane John Okey John Hutchinson Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland John Dixwell James Temple Daniel Blagrave Humphrey Edwards The Court being called the Serjeant is commanded to fetch his Prisoner The King is again brought Prisoner to the Bar as on Saturday before Proclamation is made for Silence whilst Pleas of the Commonwealth were in hand and Order given to the Captain of the Guard to take into his Custody such as should disturb the Court. Mr. Sollicitor moved the Court that the Prisoner might give a Positive Answer to his Charge or otherwise that the Court would take the Matter of it pro Confesso and proceed thereupon according to Justice which being pressed by the Court upon the Prisoner and their Judgment again made known unto him That he was to Answer his Charge otherwise that his Contumacy would be recorded The Prisoner that notwithstanding still insisted upon his former Plea and that the Court had no Power nor the Commons of England who had constituted it to proceed against him upon which the Clerk of the Court by Command and according to former Order required his Answer in the Form prescribed and the Prisoner still refusing to submit thereto his Default and Contempt were again Recorded the Prisoner remanded and the Court Adjourned it self till the
Authorized by the Supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the Rules of Justice take advantage of these Delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your Positive and Final Answer in plain English whether you be Guilty or not Guilty of these Treasons laid to your Charge The King after a little Pause said When I was here Yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir You have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the Advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other Discourses till such time as you have given a Positive Answer concerning the Matter that is charged upon you King For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a New Court that I never heard of before I that am your King that should be an example to all the People of England for to uphold Justice to maintain the Old Laws indeed I know not how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the Maintenance of the Liberties of my People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in me lies the Ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known Two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir You must know the Pleasure of the Court. King By your favour Sir Bradshaw Nay Sir By your Favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court The Court craves it not of You but once more they command You to give Your Positive Answer Clerk do your Duty King Duty Sir The Clerk reads CHARLES STVART King of England You are accused in the behalf of the Commons of England of divers High Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your Positive and Final Answer by way of Confession or Denial of the Charge King Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their Priviledges to alter the Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir This is the third time that You have publickly disown'd this Court and put an Affront upon it How far You have preserv'd the Priviledges of the People Your Actions have spoke it but truly Sir Mens Intentions ought to be known by their Actions You have written Your Meaning in bloody Characters throughout the whole Kingdom But Sir You understand the Pleasure of the Court. Clerk Record the Default And Gentlemen You that took Charge of the Prisoner take him back again King I will only say this one Word more to you if it were only My own Particular I would not say any more nor interrupt you Bradshaw Sir You have heard the Pleasure of the Court and You are notwithstanding You will not understand it to find that You are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all Persons which had then appeared and had further to do at the Court might depart into the Painted Chamber to which Place the Court did forthwith Adjourn and intended to meet at Westminster-Hall by Ten of the Clock next Morning Cryer God bless the Kingdom of England Mercurii 24 Jan. 1648. Painted Chamber Three Proclamations made The Commissioners Present John Bradshaw Serjeant at Law Lord President Sir Thomas Maleverer Baronet Thomas Scot. Edward Whalley John Carew Edmund Harvey Owen Roe John Blackistone William Purefoy Henry Smith John Fry Francis Lassels Daniel Blagrave Anthony Stapeley Sir Gregory Norton Bar. William Cawley Robert Tichbourne Henry Marten Oliver Cromwell Sir John Danvers John Moore Richard Deane Vincent Potter Thomas Horton Cornelius Holland John Berkstead Tho. Lord Grey of Groby John Huson John Okey Gilbert Millington John Jones William Goffe Sir John Bourchier Isaac Pennington Ald. of Lond. Simon Meyne Adrian Scroope John Dixwell Isaac Ewers John Aldred Peter Temple Peregrine Pelham Edmund Ludlow John Hutchinson Thomas Pride William Heveningham Sir William Constable Francis Allen. The Court took into Consideration the Manner how the Witnesses should be Examined and in regard the King hath not Pleaded to Issue and that this Examination was ex abundanti only for the further satisfaction of themselves Resolved That the Witnesses shall be Examined to the Charge against the King in the Painted Chamber before the Court there Ordered That Mr. Millington and Mr. Tho. Challoner do forthwith repair unto John Brown Esq Clerk of the House of Peers for such Papers as are in his Custody which are conducible for the Business and Service of this Court and the said Mr. Brown is required to send the said Papers hither accordingly Witnesses Produced and Sworn in Court to give Evidence to the Charge against the King Henry Hartford Edward Roberts William Braynes Robert Lacy.
Robert Loades Samuel Morgan James Williams Michael Potts Giles Gryce William Arnop John Vinson George Seely Tho. Ives James Crosby Tho. Rawlins Richard Blomfield John Thomas Samuel Lawson John Pyneger George Cornewall Tho. Whittington William Jones Humphrey Browne Arthur Young David Evans Diogenes Edwards Robert Williams John Bennett Samuel Burden Col. Horton Col. Deane Col. Okey Col. Huson Col. Roe Col. Tichbourne Col. Whalley Col. Tomlinson Col. Goffe Col. Ewers Col. Scroope Mr. Love Mr. Scot Mr. Tho. Challoner Mr. Millington and Sir John Danvers or any Three of them are a Committee appointed to take the Examination of the said Witnesses now sworn whom the Clerks are to attend for that purpose The Court granted their Summons for summoning further Witnesses and Adjourned it self till the Morrow at Nine of the Clock in the Morning to this Place Jovis 25 Jan. 1648. Painted Chamber Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Richard Deane Sir Hardress Waller John Moore Peregr Pelham John Huson John Barkstead Edw. Whalley John Okey Edmond Harvey Adrian Scroop Henry Smith Thomas Scot. William Cawley Gilbert Millington Thomas Challoner John Carew Sir John Bourchier Kt. Sir Thomas Maleverer Bar. Francis Allen. Thomas Harrison John Jones John Aldred John Browne Isaac Ewers Robert Tichbourne Augustine Garland Francis Lassells John Dixwell Sir Michael Livesey Bar. John Venn Edmond Wild. With divers others Here the Court sate private The Court Ordered that the Marshal Gen. of this Army or his Deputy do bring forthwith Mr. Holder Prisoner at White-Hall to the end that he may testify his knowledge of all such Matters as shall be propounded unto him concerning the Charge against the King Ordered That the Dean's House in Westminster-Abbey be provided and furnished for the Lodging of the Lord President and his Servants Guards and Attendants and a Committee are appointed to take care hereof accordingly Mr. Henry Gouge and Mr. William Cuthbert Witnesses produced to the Charge against the King were sworn and examined The Witnesses sworn in open Court and after examined by the Committee appointed for that purpose the 24 th Instant were now in open Court called and their respective Depositions were read to them who did avow their said several Depositions and affirm what was so read unto them respectively was true upon the Oaths they had taken The Court being informed that Major Fox being of the Guard attending the Lord President is arrested and committed to the Keeper of Ludgate Ordered That the said Keeper do forthwith bring the said Major before this Court and attend this Court in person himself M. Holder being brought before this Court according to the Order of this Day and his Oath tendred unto him to give Evidence to such Matters as should be propounded unto him concerning the Charge against the King the said Mr. Holder desired to be spared from giving Evidence against the King Whereupon the Commissioners finding him already a Prisoner and perceiving that the Questions intended to be asked him tended to accuse himself thought fit to wave his Examination and remanded him and accordingly did so to the Prison from whence he was brought The Depositions taken ut supra are as followeth viz. Jan 25. 1648. William Cuthbert of Patrington in Holderness Gent. Aged 42 Years or thereabouts sworn and examined saith That he this Deponent living at Hull-Bridge near Beverley in July 1642. did then hear that Forces were raised about three thousand Foot for the Kings Guard under Sir Robert Strickland And this Deponent further saith That about the Second of July 1642. he saw a Troop of Horse come to Beverley being the Lords Day about four or five of the Clock in the Afternoon called The Princes Troop Mr. James Nelthorp being then Major of the said Town And this Deponent further saith That he did see that Afternoon the said Troop march from Beverley aforesaid into Holderness where they received Ammunition brought up by the River of Humber unto them And this Deponent further saith That the same Night being Sunday there came about three hundred Foot Soldiers said to be Sir Robert Strickland's Regiment under the Command of Lieutenant Col. Duncombe and called The King's Guard unto this Deponents House called Hull-Bridge near Beverley about Midnight and broke open entred and possessed themselves of the said House and that the E. of Newport the E. of Carnarvan and divers others came that night thither to the said Forces and that the same night as this Deponent was then informed Sir Tho. Gower then High Sheriff of the said County came thither and left there a Warrant for staying all Provisions from going to Hull to Sir John Hotham which said Warrant was then delivered to this Deponent being Constable by Lieut. Col. Duncombe And this Deponent further saith That he was by the said Forces put out of his House and did with his Family go to Beverley and that after that viz. the Thursday following to this Deponent's best remembrance he did see the King come to Beverley to the Lady Gees House there where he this Deponent did often see the King with Prince Charles and the Duke of York and that the Trained Bands were then raised in Holderness who were raised as was generally reported by the King's Command And this Deponent further saith That the Night after the said Forces had as aforesaid possessed themselves of this Deponent's House Col. Legard's House was Plundered by them being upon a Monday which aforesaid Entry of this Deponent's House was the first Act of Hostility that was committed in those Parts And this Deponent further saith That after the said Sir Robert Strickland's said Company was gone from Hull-Bridge having continued there about ten days there then came to the said House Col. Wivel with about seven hundred Foot Soldiers who then took up his Quarters at Hull-Bridge aforesaid And this Deponent further saith That the Warrant he now produceth to this Court is the same Original Warrant aforesaid spoken of And this Deponent further saith That the General 's Name of the said Forces that were there and raised as aforesaid was the E. of Lindsey and that this Deponent was brought before him the said General in the Name of The King's Lord General for holding Intelligence with Sir John Hotham then Governor of Hull and because it was then informed to the said General that he this Deponent had Provisions of Corn to send over unto Ireland which he this Deponent was forbidden by the said General to send unto Ireland or any place else without his or the King's Direction or Warrant first had in that behalf The aforesaid Warrant mentioned in the Deposition of the said William Cuthbert is as followeth It is His Majesties Command that you do not suffer any Victuals or Provision of what sort soever to be carried into the Town of Hull without His Majesties Special License first obtained And of this you are not to fail at your Peril Dated at
in bright Armour in the said Town of Leicester David Evans of Abergenny in the County of Monmouth Smith Aged about twenty three years Sworn and Examined saith That about half an hour before the Fight at Naseby about Midsummer in June 1645. he saw the King marching up to the Battail in the Head of his Army being about half a mile from the place where the said Battail was fought Diogenes Edwards of Carston in the County of Salop Butcher Aged 21 years or thereabouts Sworn and Examined saith That in June 1645. he this Deponent did see the King in the Head of his Army an hour and a half before the Fight in Naseby Field marching up to the Battail being then a mile and a half from the said Field And this Deponent saith That he did afterwards the same day see many slain at the said Battail Giles Gryce of Wellington in Shropshire Gent. Sworn and Examined Deposeth That he this Deponent saw the King in the Head of his Army at Cropredy-Bridge with his Sword drawn in his Hand that day when the Fight was against Sir William Waller on a Fryday as this Deponent remembreth in the Year 1644 about the Month of Iuly and he further saith That he saw the King in the same Summer in Cornwall in the Head of his Army about Lestithiel at such time as the Earl of Essex was there with his Army And he further saith That he also saw the King in the Head of his Army at the second Fight near Newberry And further saith That he saw the King in the Front of the Army in Naseby Field having Back and Breast on And he further saith That he saw the King in the Head of the Army at what time the Town of Leicester was stormed and saw the King Ride into the Town of Leicester after the Town was taken and he saw a great many men killed on both sides at Leicester and many Houses Plundred John Vinson of Damorham in the County of Wilts Gent. Sworn and Examined saith That he did see the King at the First Newberry Fight about the Month of September 1643. in the Head of his Army where this Deponent did see many slain on both sides this Deponent also saith That he did see the King at the Second Battail at Newberry about the Month of November 1644. where the King was at the Head of his Army in Complete Armour with his Sword drawn and this Deponent did then see the King Lead up Colonel Thomas Howards Regiment of Horse and did hear him make a Speech to the Soldiers in the Head of that Regiment to this effect that is to say That the said Regiment should stand to him that Day for that his Crown lay upon the Point of the Sword and if he lost that Day he lost his Honour and his Crown for ever And that this Deponent did see many slain on both sides at that Battail This Deponent further saith That he did see the King in the Battail at Naseby Field in Northamptonshire on or about the Month of June 1645. where the King was then Completely Armed with Back Breast and Helmet and had his Sword drawn where the King himself after his Party was Routed did Rally up the Horse and caused them to stand and at that time this Deponent did see many slain on both sides George Seely of London Cordwainer Sworn and Examined saith That he did see the King at the Head of a Brigade of Horse at the Siege of Gloucester and did also see the King at the First Fight at Newberry about the Month of September 1643. where the King was at the Head of a Regiment of Horse and that there were many slain at that Fight on both sides This Deponent also saith That he did see the King at the second Fight at Newbery which was about November 1644. where the King was in the middle of his Army John Moore of the City of Corke in Ireland Gent. Sworn and Examined saith That at the last Fight at Newberry about the Month of November 1644. he this Deponent did see the King in the middle of the Horse with his Sword drawn and that he did see abundance of men at that Fight slain upon the ground on both sides This Deponent also saith That he did see the King ride into Leicester before a Party of Horse the same day that Leicester was taken by the Kings Forces which was about the Month of June 1645. This Deponent further saith That he did see the King before the Fight at Leicester at Cropredy-Bridge in the midst of a Regiment of Horse And that he did see many slain at the same time when the King was in the Fight at Cropredy-Bridge And Lastly this Deponent saith That he did see the King at the head of a Regiment of Horse at Naseby Fight about the Month of June 1645. where he did see abundance of men Cut Shot and slain Thomas Ives of Boyset in the County of Northampton Husbandman Sworn and Examined saith That he did see the King in his Army at the First Fight of Newberry in Berkshire in the Month of September 1643. and that he did see many slain at that Fight he this Deponent and others with a Party of Horse being Commanded to face the Parliaments Forces whilst the Foot did fetch off the Dead He saith also That he did see the King advance with his Army to the Fight at Naseby Field in Northamptonshire about June 1645. and that he did again at that Fight see the King come off with a Party of Horse after that his Army was Routed in the Field and that there were many Men slain on both parts at that Battail at Naseby Thomas Rawlins of Hanslop in the County of Bucks Gent sworn and examined saith That he did see the King near Foy in Cornwal in or about the Month of July 1644. at the Head of a Party of Horse and this Deponent did see some Soldiers plunder after the Articles of Agreement made between the King's Army and the Parliaments Forces which Soldiers were so plundered by the King's Party not far distant from the Person of the King Thomas Read of Maidstone in the County of Kent Gent. sworn and examined saith That presently after the laying down of Arms in Cornwal between Lestithiel and Foy in or about the latter end of the Month of August or the beginning of September 1644. he this Deponent did see the King in the Head of a Guard of Horse James Crosby of Dublin in Ireland Barber sworn and examined saith That at the first Fight at Newbury about the time of Barley-Harvest 1643. he this Deponent did see the King riding from Newbury Town accompanied with divers Lords and Gentlemen towards the place where his Forces were then fighting with the Parliaments Army Samuel Burden of Lyneham in the County of Wilts Gent. sworn and examined saith That he this Deponent was at Nottingham in or about the Month of August 1642. at which time he
Cotton's and thence to Whitehall the Soldiers continued tneir brutish Carriage toward him abusing all that seemed to shew any respect or even Pity to him not suffering him to rest in his Chamber but thrusting in and smoking their Tobacco and disturbing his Privacy But through all these Tryals unusual to Princes he passed with such a calm and even Temper that he let fall nothing unbeseeming his former Majesty and Magnanimity In the Evening a Member of the Army acquainted the Committee with his Majesties Desire That seeing they had passed a Sentence of Death upon him and his time might be nigh he might see his Children and Doctor Juxon Bishop of London might be admitted to assist him in his private Devotions and Receiving the Sacrament Both which at length were granted And the next day being Sunday He was attended by the Guard to S. James's where the Bishop Preached before Him upon these Words In the day when God shall judge the Secrets of all Men by Jesus Christ according to my Gospel HIS MAJESTIES SPEECH TO THE Lady ELIZABETH AND HENRY Duke of GLOVCESTER January 29. 1648 9. Of His Majesties Discourse to His Children there being Several Relations it is thought fit to represent the Several Copies I. A True Relation of the King's Speech to the Lady Elizabeth and the Duke of Gloucester the Day before his Death HIS Children being come to meet Him He first gave His Blessing to the Lady Elizabeth and bade her remember to tell her Brother James whenever she should see him that it was his Fathers last Desire that he should no more look upon Charles as his Eldest Brother only but be obedient unto him as his Sovereign And that they should love one another and forgive their Father's Enemies Then said the King to her Sweet-Heart You will forget this No said she I shall never forget it whilst I live and pouring forth abundance of Tears promised Him to write down the Particulars Then the King taking the D. of Gloucester upon His Knee said Sweet-Heart Now they will cut off thy Fathers Head upon which Words the Child looked very stedfastly upon Him Mark Child what I say They will cut off My Head and perhaps make Thee a King But mark what I say You must not be a King so long as Your Brothers Charles and James do live for they will cut off Your Brothers Heads when they can catch them and cut off Thy Head too at last and therefore I charge You do not be made a King by them At which the Child sighing said I will be torn in pieces first Which falling so unexpectedly from one so young it made the King rejoyce exceedingly II. Another Relation from the Lady Elizabeths own Hand WHat the King said to Me the 29 th of January 1648. Being the last time I had the happiness to see Him He told Me He was glad I was come and although He had not time to say much yet somewhat He had to say to me which He had not to another or leave in Writing because He feared their Cruelty was such as that they would not have permitted Him to write to me He wished me not to grieve and torment my self for Him for that would be a Glorious Death that He should die it being for the Laws and Liberties of this Land and for maintaining the True Protestant Religion He bid me read Bishop Andrews's Sermons Hooker's Ecclesiastical Polity and Bishop Laud's Book against Fisher which would ground me against Popery He told me He had forgiven all his Enemies and hoped God would forgive them also and commanded us and all the rest of my Brothers and Sisters to forgive them He bid me tell my Mother that His Thoughts had never strayed from her and that His Love should be the same to the last Withal He commanded me and my Brother to be obedient to Her and bid me send His Blessing to the rest of my Brothers and Sisters with Commendation to all His Friends So after He had given me His Blessing I took my Leave Further He commanded us all to forgive those People but never to trust them for they had been most false to Him and to those that gave them Power and He feared also to their own Souls And desired me not to grieve for Him for he should die a Martyr and that He doubted not but the Lord would settle His Throne upon His Son and that we should be all happier than we could have expected to have been if he had lived With many other things which at present I cannot remember III. Another Relation from the Lady Elizabeth THE King said to the Duke of Gloucester That he would say nothing to him but what was for the good of his Soul He told him that he heard the Army intended to make him King but it was a thing not for him to take upon him if he regarded the Welfare of his Soul for he had two Brothers before him and therefore commanded him upon his Blessing never to accept of it unless it redounded lawfully upon him and commanded him to fear the Lord and he would provide for him Painted Chamber Lunae 29 Jan. 1648. Three Proclamations made The Court is called The Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Crowwell Henry Ireton Sir Hardress Waller Knight Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Richard Ingoldsby Tho. L. Grey of Groby Sir John Bourchier Kt. Henry Marten William Purefoy John Barkstead John Blackistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. James Temple John Dixwell Peter Temple Robert Tichbourne Owen Roe Adrian Scroope Richard Deane John Okey John Huson William Goffe John Jones Francis Allen. Peregr Pelham John Anlaby William Say Henry Smith Humphrey Edwards John Venn Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter Augustine Garland Simon Meyne Daniel Blagrave Upon Report made from the Committee for considering the Time and Place of the Executing of the Judgment against the King that the said Committee have Resolved That the open Street before White-Hall is a fit Place and that the said Committee conceive it fit that the King be there Executed the Morrow the King having already Notice thereof The Court approved thereof and Ordered a Warrant to be drawn for that purpose which said Warrant was accordingly drawn and agreed unto and Ordered to be Engrossed which was done and Signed and Sealed accordingly as followeth viz. At the High Court of Justice for the Trying and Judging of CHARLES STVART King of England Jan. 29. 1648. WHereas CHARLES STVART King of England is and standeth Convicted Attainted and Condemned of High Treason and other High Crimes and Sentence upon Saturday last was Pronounced against him by this Court to be put to Death by the severing of his Head from his Body of which Sentence Execution yet remaineth to be done These are therefore
Hutchinson Reporteth from the Committee appointed to consider of the Habits of the Officers and it is thereupon Ordered That Three Gowns be Provided for three Vshers and Three Cloaks for Three Messengers of this Court Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge against the King that the Councel have perfected the Charge and are ready to present it He likewise reporteth the Draught of an Order whereby the Charge may by the Command of this Court be exhibited together with a Form of Words the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge Which said Order and Form of Words the Court have with some Alterations agreed unto as followeth It is Ordered That Mr. Attorney and in his absence Mr. Sollicitor do in the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes against CHARLES STVART King of England and charge him thereupon in the behalf aforesaid The Form of Words are as followeth My Lord ACcording to an Order of this High Court to me directed for that purpose I do in the Name and on the behalf of the People of England exhibit and bring into this Court a Charge of High Treason and other High Crimes whereof I do accuse CHARLES STVART King of England here present And I do in the Name and on the behalf aforesaid desire the said Charge may be received accordingly and due Proceedings had thereupon The Councel likewise according to Mr. Millington 's Report present a Draught of the Charge against the King which was read the first and second and third time and referred back to the said Councel to make some small Amendments as to the Form thereof Ordered That Commissary Gen. Ireton Col. Whalley Col. Harrison Sir Hardress Waller or any two of them do appoint the Thirty Persons that are by Order of the 17th Instant to attend the King and the Twenty that are to attend the Lord President Ordered That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet The Court Adjourned it self till Nine of the Clock to morrow morning Sabbathi 20 Jan. 1648. Three Proclamations and Attendance commanded Ordered That Sir Henry Mildmay be desired to deliver unto John Humphreys Esq the Sword of State in his Custody which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court The Court being sate as aforesaid before they engaged in further Business the Serjeant at Arms of the House of Commons came thither and acquainted the Court that the House wanted their Members that were of that Court the Court thereupon Adjourned till twelve of the Clock the same day The Court accordingly met at twelve of the Clock Three Proclamations made Commissioners present Painted Chamber 20 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court Tho. L. Grey of Groby Henry Martin Oliver Crowwell Henry Ireton Augustine Garland Thomas Challoner Nicholas Love William Cawley John Venn William Purefoy John Barkstead James Challoner Peter Temple Tho. Harrison Robert Tichbourne John Hutchinson Sir Gregory Norton Sir Tho. Maleverer Bar. Daniel Blagrave Owen Roe Thomas Wogan William Say Francis Lassels John Jones Sir John Bourchier John Carew John Dewnes John Fry Sir Michael Livesey Sir John Danvers Mr. Millington Sir Hardress Waller John Blakistone John Huson Humphrey Edwards Isaac Pennington Ald. of Lond. John Brown Edw. Whalley John Okey Thomas Pride Adrian Scroope Valentine Wauton Tho. Hamond James Temple Peregrine Pelham Thomas Lister Edmond Ludlow Simon Meyne Thomas Scot. Edmond Harvy William Lord Mounson Henry Smith Sir William Constable Isaac Ewers Sir Henry Mildmay Anthony Stapeley Here the Court sate private Ordered That the Form and Method of the Courts Proceeding unto and in the reading of the Commission by which they Sit sending for and bringing in the Prisoner to the Bar acquainting him in brief with the cause of his bringing thither receiving and reading the Charge and demanding what the Prisoner says thereto be referred to the discretion of the Lord President as also That in case the Prisoner shall in Language or Carriage towards the Court be insolent outragious or contemptuous that it be left to the Lord President to reprehend him therefore and admonish him of his Duty or to command the taking away of the Prisoner and if he see cause to withdraw or adjourn the Court But as to the Prisoners putting off his Hat the Court will not insist upon it for this day and that if the King desire time to Answer the Lord President is to give him time Ordered Vpon the Lord President 's Desire and Motion That Mr. Lisle and Mr. Say Commissioners of this Court be Assistants to the Lord President and for that purpose it is Ordered that they sit near the Lord President in Court Mr. Sollicitor presented the Charge against the King ingrossed in Parchment which was read and being by Mr. Sollicitor Signed was returned to him to be exhibited against the King in his presence in open Court And thereupon the Court Adjourned it self forthwith to the Great Hall in Westminster The Manner of the Tryal of Charles Stuart King of England ON Saturday being the 20 th Day of January 1648. the Lord President of the High Court of Justice his two Assistants and the rest of the Commissioners of the said Court according to the Adjournment of the said Court from the Painted Chamber came to the Bench or Place prepared for their Sitting at the West End of the Great Hall at Westminster divers Officers of the said Court one and twenty Gentlemen with Partizans and a Sword and Mace marching before them up into the Court where the Lord President in a crimson Velvet Chair fixed in the midst of the Court placed himself having a Desk with a crimson Velvet Cushion before him the rest of the Members placing themselves on each side of him upon several Seats or Benches prepared and hung with Scarlet for that purpose The Lord President 's two Assistants sitting next of each side of him and the two Clerks of the Court placed at a Table somewhat lower and covered with a Turky Carpet upon which Table was also laid the Sword and Mace the said Guard of Partizans dividing themselves on each side of the Court before them Three Proclamations are made for all persons that were Adjourned over thither to draw near The Court being thus sate and Silence enjoyned the Great Gate of the Hall was set open to the intent that all persons without exception desirous to see or hear might come unto it upon which the Hall was presently filled and Silence again ordered and proclaimed After Silence proclaimed as aforesaid the Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for Trying and Judging of CHARLES STVART King of