had taken upon him the Command of the Fleet for which Reasons the King was resolv'd to punish Hotham Indeed the E. of W. had been by the Parl. commended to the King as the fittest man for Admiral the E. of N. being then sick but he was rejected by the King who conferr'd that place upon Sir John Pennington Yet afterwards the Parl. conceiving it necessary to get the Fleet into their hands they found means notwithstanding the Oppositions of Sir J. Pennington and his Adherents to make the E. of W. Admiral after which a Ship laden with Arms and Ammunition from Holland for the King being ignorant of the matter fell in among the Fleet and was by the E. of W. sent to the Parliament The Parliament now thought fit to Arm and therefore resolve that an Army shall be raised for Defence as they term it of King and Parliament and the Earl of Essex to be Capt. General and the E. of Bedford to command the Horse the E. of Holland Sir John Holland and Sir Will. Stapleton were ordered to carry a Petition to the King then at Beverly the effect whereof was To pray him to disband all his Forces to recal his Commissions of Array dismiss his Guard and return to the Parliament All which the King refused The Parliament next consider of raising Money and so declare for Loan upon the Publick Faith to promote which the endeavours of the Ministers were very serviceable whereby in a short time a very considerable quantity of Money Plate and Ammunition were brought in The King was likewise furnished with Money from the Queen upon the pawned Jewels and some Contributions from divers Lords and Gentlemen and the University of Oxford The King goes from Beverly to Leicester and there Proclaims the Earl of Stamford Traitor for removing the County Magazine from the Town to his own House at Bradgate Aug. 1. the King comes back to Yorkshire and raises a Regiment under the E. of Cumberland which he called Prince Charles his Regiment The Parliament on the other side declare the Commissioners of Array to be Traitors and disturbers of the State and Peace of the Kingdom and Lievtenants of â—everal Counties were constituted by Parliament The King likewise deals with their Commanders as â—hey did with his and Proclaimed General Essex with all his Collonels and Officers who should not â—nstantly lay down their Arms to be Rebels and Traiâ—ors and the Marquess of Hartford and his Forces â—â—re ordered to march against him The King then â—ummons in the Countrey on the North side of Trent â—nd 20 miles Southward and publisheth his Grand Declaration concerning all transactions between himself and the Parliament August 22. 1642. The King comes to Nottingham â—nd there erects his Standard to which some numbers resorted but far short of what was expected And three days after the King sends a Message to the Parliament to propose a Treaty the Messengers were â—he Earls of Southampton and Dorset Sir John Culpeper Chancellor of the Exchequer and Sir William Vdall none of which were suffered to sit in the House to deliver their Errand therefore it was sent in by the Usher of the Black Rod to which the Parliament Answered That untill His Majesty shall recall his Proclamations and Declarations of Treason against the E. of Essex and them and their Adherents And unless the Kings Standard set up in pursuance thereof be taken down they cannot by the fundamental Priviledges of Parliament give his Majesty another answer The King replyes that he never intended to declare the Parliament Traitors or set up his Standard against them but if they resolve to Treat either Party shall revoke their Declarations against all Persons as Traitors and the same day to take down his Standard To this they answer That the Differences could noâ— any ways be concluded unless he would forsake hiâ— evil Councellors and return to his Parliament And accordingly Sept. 6. they Order and Declare thaâ— the Arms which they have or shall take up for thâ— Parliament Religion Laws and Liberties of the Kingdom shall not be laid down untill the King withdraw his Protection from such persons as are or shall be Voted Delinquents and shall leave them to Justice that so their Estates may discharge the Debts and Loan Moneys of the Common-wealth The War being now begun the new raised Souldiers committed many Outrages upon the Countrey People which both King and Parliament upon Complaint endeavoured to rectifie The King himself was now Generalissimo over his own his Captain General was first the Marquess of Hartford and afterward the E. of Lindsey and the E. of Essex for the Parliamentarians The Kings Forces received the first repulse at Hull by Sir John Hotham and Sir John Meldrum and the King takes up his Quarters at Shrewsbury Portsmouth was next surrendred to the Parliament and presently after Sir John Byron takes Worcester for the King In September the two Prince Palatines Rupert and Maurice arrived in England who were presently entertained and put into Command by the King who having now got together a potent Army he made a solemn Protestation to them of his candid Intentions and sincere meaning to defend the Protestant Religion the Laws and Liberties of the Subject and Priviledges of Parliament according to the former protestation at York Sept. 9. the Earl of Essex in great State attended on by the Parliament set forth out of London toward St. Albans and from thence to Northampton where all his Forces met amounting to near fourteen thousand men having with him the Parliaments Petition which he was to present to the King the effect of which was That his Loyall Subjects the Lords and Commons in Parliament cannot without tenderness of Compassion behold the pressing Calamities of England and Ireland by the Practices of a prevailing Party with his Majesty to alter true Religion and the Ancient Government of this Kingdom introducing Superstition into the Churches and Confusion in the State Exciting encouraging and fostering the Rebellion in Ireland and as there so here begin the like Massacres by drawing on a War against the Parliament leading his Person against them as if by Conquest to establish an unlimited Power over the People seeking to bring over the Rebels of Ireland to joyn with them And all these evil Councellors are Defended and protected against the Justice of the Parliament who have for their just Defence of Religion the Kings Crown and Dignity the Laws Liberties and Power of Parliaments taken up Arms and Authorized the E. of Essex to be their Captain General against these Rebels and Traytors And pray the King to withdraw his Person and leave them to be supprest by his Power and to return to his Parliament and that they will receive him with Honour and yeild him Obedience secure his Person and establish him and his People with all the Blessings of a Glorious and Happy Reign This Petition was never delivered though Essex sent twice to the King for
E. of Strafford in the Grand Accusation charging him for obtruding thâ— Common Prayer Book and Canons and Constitution Ecclesiastical upon their Nation and for advising thâ— King to dissolve the last Parliament and other suâ—â— matters upon which he was first committed to thâ— black Rod and 10 weeks after Voted Guilty of Higâ— Treason and sent to the Tower where he continueâ— 4 years his Charge was endeavouring the subversiâ—â— 1. Of the Lawes 2. Of Religion 3. Of the Priviledgâ— of Parliament And after many times attending on thâ— House Jan. 4. 1644. they passed their Ordinance oâ— Parliament That he should be drawn hang'd and quartered but upon his Petition They voted him to be beheaded which he suffered Jan. 10. after Jan. 30. a Treaty was begun at Vxbridge between the King and Parliament but took no effect Basing House was relieved by the Kings Forces against which Sir William Waller had lost above 1000 men About this time the E. of Essex was cashiered ouâ— of his Command and Sir Tho. Fairfax was Voted General of the Parliaments Forces Col. Rossiter waâ— defeated by Sir Marm. Langdale and the Kings party In April 1645. Collonel Massey defeated by Prince Rupert at Ledbury and Blechington House delivered to the Parliament In May Oxford was besieged the first time and Leicester taken by the King In June Leicester regained by the Parliament Carlisle after 41 weeks siege deliver'd by Sir T. Glenham to the Scots June 14. 1645. was fought that unfortunate Battell at Naseby which proved so fatal to the King and his Cause This fight was exceeding bloody both Armies being very couragious and numerous there not being above 500 odds On the Parliaments side â—ere slain and wounded above 1000 Officers and â—rivate Souldiers but much more was the loss on 〈◊〉 the Kings side there being taken 6 Collonels 8 â—ieutenant Collonels 18 Majors 70 Captains 8 Lieuâ—â—nants 200 Enfigns and other inferior Officers 4500 â—ommon Souldiers many Women 13 of the Kings â—oushold Servants 4 Footmen 12 pieces of Ordinance â—000 Arms 48 Barrels of Powder 200 Carriages all â—heir Bag and Baggage with store of rich Pillage â—000 Horse the Kings Standard and one of his â—oaches and his Cabinet of Letters and Papers which were afterwards published so that it proved a comâ—leat Victory to the Parliamentarians In July the Kings Forces were defeated at Langâ—ort about 200 slain and 1400 Prisoners Pomfret Castle Bridgwater Scarborough and Bath deliverâ—d to the Parliament In August Sherburn Castle taâ—en by the Parliament In Sept. Bristoll surrendred â—o them and the Kings Forces worsted at Routon Heath In October Basing-House taken by Cromwell â—nd L. Digby defeated in York-shire in Decemb. Laâ—â—am House delivered by the Kings Order and Hereâ—â—rd surpriz'd by the Parliament before which â—lace the Scots in August had lost about 1000 men â—n March L. Ashly defeated near Stow. In April 1646. Ruthen Castle Exeter St. Michaâ—ls Mount Dunster Castle and Woodstock yielded Corf Castle taken by Stratagem Sir Tho. Fairfax resolves â—o march to Oxford which put the King upon thoughts of providing for his own safety and therefore April â—3 he goes out of Oxford in Disguise with Mr. Hudâ—â—… a Minister and Mr. John Ashburnham whose Serâ—ant he personated and went to the Scots Army at Newark In May Oxford was besieged and Banbury â—nd Radnor surrendred to the Parliament In June Litchfield Worcester Wallingford Castle Borstall Oxford and Farringdon and yielded to the Parliament In July Gothridge and Pendennis the like and Conway taken by Storm In August Ragland surrendred by the Marquess of Worcester In September Scilly Island and Castle taken Denbigh Castle also yielded In Novemb Gen. Fairfax marched Triumphantly into London In February the Scotch Army having first sold the King for two hundred thousand Pound marched into Scotland and the King was sent Prisoner to Holmby by the Parliament The King being now in the power of his Enemies they remove him from place to place and at length into the Isle of Wight under the Guard of Coll. Hâ—â—mond and afterwards a Treaty of Peace was there begun wherein things were so managed that his Majesties Concessions were Voted satisfactory After which the Army and some part of the Parliament driving on an Interest contrary to Peace turned all such Members out of the House of Commons as they thought would not comply with their Designs and then conveyed the King to Windsor During which time there happened several Bickerings and Ingagements between the Royalists and the Parliamentarians the Royal Party being in all places defeated especially at Maidstone Pontefract Bow Stratford Kingston and Preston where the Scotch Army received a very great Overthrow losing abundance of men And lastly at Colchester where those two gallant Gentlemen Sir Ch. Lucas and Sir George Lisle were shot to death after quarter given contrary to the Law of Arms. After this the Officers of the Army and those Members then left in the House proceeded to that height as to presume to bring the King to Tryal which because it was an unparallel'd Action it may be necestary to give a more particular Account thereof The King goes from Oxford in disguise 1646 The Illegall Tryall of King Charles the 〈◊〉 The Martyrdom of King Charles 1648 Upon the fourth of January 1648. the House of Commons being turned into a Grand Committee passed these following Votes 1. That the People under God are the Original of all just Power 2. That the Commons of England Assembled in Parliament being chosen by and representing the People have the Supream Authority of the Nation 3. That whatsoever is Enacted and Declared for Law by the Commons of England Assembled in Parliament hath the force of a Law 4. That all the People of the Nation are included thereby although the consent and concurrence of the House of Peers be not had thereunto 5. That to raise Arms against the Peoples Representative or Parliament and to make War upon them is High Treason 6. That the King himself took Arms against the Parliament and upon that account is guilty of the Blood-shed throughout the Civil War and that he ought to explate the Crime with his own Blood After this they proceeded to make a pretended Act for the Tryal of the King which they â—ntituled An Act of the Commons of England Assemâ—led in Parliament for erecting of an High Court of â—ustice for the Trying and Judging of CHARLES STUART King of England which was in the â—orm following WHereas it is notorious That Charles Stuart the now King of England not content with those many incroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked design totally to subvert the ancient and fundamental Laws and Liberty of the Nation And in their place to introduce an Arbitrary and Tyrannical Government with fire and sword levyed and maintained a cruel War in the Land against the Parliament and Kingdom Whereby the Countrey hath been miserably wasted
of his Staff fell off the which he wondered at and seeing none to take it up he stoop'd for it himself and put it in his pocket 2. That as the King was going away he looking with a very austere countenance upon the Court without stirring of his Hat replyed Well Sir when the L. President commanded the Guard to take him away and at his going down he said I do not fear that pointing with his staff at the Sword The people in the Hall as he went down the stairs cryed out some God save the King and some for Justice O yes being called the Court adjourned till Monday next January 22. at 9. in the morning to the Painted Chamber and from thence to the same place again in Westminster Hall January 21. being Sunday the Commissioners kept a Fast at White-Hall there Preached Mr. Spigge his Text was He that sheds Mans blood by Man shall his blood be shed next Mr. Foxeley his Text Judge not least you be judged Last was Mr. Peters his Text was I will bind their Kings in Chains and their Nobles in fetters of Iron At the High-Court of Justice sitting in Westminster-Hall Monday Jan. 22. 1648. O Yes made Silence commanded The Court called and answered to their Names Silence commanded upon pain of imprisonment and the Captain of the Guard to apprehend all such as make disturbance Upon the Kings coming in a shout was made Command given by the Court to the Captain of the Guard to fetch and take into his custody those who make any disturbance Mr. Solicitor May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibit and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble Motion to this High Court in behalf of the People of England is That the Prisoner may be directed to make a positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice President Sir You may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge against you containing a Charge of high Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an answer to that Charge that thereupon such proceedings might be had as should be agreeable to justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers times propound your Questions and were as often answered that it was by Authority of the Commons of England assembled in Parliament that did think fit to call you to an account for those high and capital misdemeanours wherewith you were then charged Since that the Court hath taken into Consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you they do expect you should either confess or deny it if you deny it is offered in the behalf of the Nation to be made good againsts you their Authority they do avow to the whole world that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto King When I was here last 't is true I made that Question and truly if it were onely my own particular case I would have satisfied my self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tryed by any Superiour Jurisdiction on Earth but it is not my case alone it is the Freedom and the Liberty of the people of England and do you pretend what you will I stand more for their Liberties For if power without Law may make Laws may alter the fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is proved the Negative often is very hard to do but since I cannot perswade you to do it I shall tell you my Reasons as short as I can My Reasons why in Conscience and the duty I owe to God first and my People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the legality of it Here the King would have delivered his Reasons All proceedings against any man whatsoever President Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice you are about to enter into Argument and dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent if you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give in a punctual and direct Answer whether you will answer to your Charge or no and what your Answer is King Sir by your favour I do not know the forms of Law I do know Law and Reason though I am no Lawyer professed yet I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you That by that Reason that I have as thus informed I cannot yield unto it President Sir I must interrupt you you may not be permitted you speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England Assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by
Silence commanded The Court called Seventy three Persons present The King comes in with his Guard looks with an austere countenance upon the Court and sits down The second O Yes made and silence commanded Mr. Cook Solicitor General May it please your Lordship my Lord President This is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the highest Treason that ever was wrought upon the Theatre of England that a King of England trusted to keep the Law That had taken an Oath so to do That had Tribute paid him for that end should be guilty of a wicked design to subvert and destroy our Lawes and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against his Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an answer to the Charge But my Lord instead of making any Answer he did then dispute the Authority of this High Court your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive answer either by denying or confession of it but my Lord he was then pleased for to demurre to the Jurisdiction of the Court which the Court did then overrule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might presse your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable plea Guilty or not Guilty of the Charge given against him whereby he may come to a fair Tryal That as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done but besides my Lord I shall humbly presse your Lordship upon the whole Fact the House of Commons the Supream Authority and Jurisdiction of the Kingdom they have declared That it is notorious That the matter of the Charge is true as it is in truth my Lord as clearas Chrystal and as the Sun that shines at noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the people of Englands behalf several witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the cry whereof is very great for justice and judgment and therefore I do humbly pray that speedy Judgement be pronounced against the Prisoner at the Bar. President Sir you have heard what is moved by the Councel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands you were pleased to propound some Questions you have had your Resolutions upon them You were told over and over again That the Court did affirm their own jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the Supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of obedience nor did you acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court That they are very sensible of these delays of yours and that they ought not being thus Authorized by the supreme Court of England to be thus trifled withall and that they might in justice if they pleased and according to the Rules of Justice take advantage of these delayes 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 President 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 do not know 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 Libertyes of my People The same Obligation you speak 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 then 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 lately in a Treaty upon the publick Faith of the Kingdom that was the known the 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 Here the President interrupted him and said Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have not acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of confession or denyal of the Charge King Sir I say again to you so that I might give satisfaction to the people of England of the clearness of my proceedings not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdom Sir you must excuse me President Sir this is the third time that you have publickly disowned the Court and put an affront upon it how far you have preserved the Priviledges of the people your Actions have spoke it but truly Sir mens intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdom but Sir you understand the pleasure of the Court Clerk Record the default and Gentlemen you that took charge of the Prisoner take him back again King I will onely say this one word to you If it were only my own particular I would not say any more nor interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with his Guard and Proclamation was made That all persons who had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster-Hall by Ten of the clock the next morning Cryer God bless the Kingdom of England His Majesty intended to have delivered in writing his Reasons against the Pretended Jurisdicton of the High Court of Justice upon Monday Jan. 22. but was not permitted Saturday the 27 of January 1648. O Yes made Silence commanded The Court called Serjeant Bradshaw Lord President in his Scarlet Robe suitable to the work of this day with sixtie eight other Members of the Court called As the King came into the Court in his usual posture with his Hat on a Cry made in the Hall by some of the Souldiers for Justice Justice and Execution King I shall desire a word to be heard a little and I hope I shall give no occasion of interruption President You may answer in your time hear the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word a sudden judgment President You shall be heard in due time but You are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir a hastie Judgment is not so soon recalled President Sir you shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir shall I be heard before the judgment be given President Gentlemen it is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before the Court to make answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England to which Charge being required to Answer Here an honourable Lady interrupted the Court saying Not half the People but she was soon silenced he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer reasoning and debate unto the Authoritie of the Court and of the highest Court that constituted them to try and judge him but being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit or Answer Hereupon the Court that they may not be wanting to themselves to the trust reposed in them nor that any mans wilfulness prevent Justice they have thought fit to take the matter into their consideration They have considered of the Contumacy and of that confession which in Law doth arise upon that contumacy They have likewise considered of the notoriety of the Fact charged upon the Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be now pronounced against this Prisoner but in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him yet Sir thus much I must tell you before-hand which you have been minded of at other Courts that if that you have to say be to offer any Debate concerning jurisdiction you are not to be heard in it you have offered it formerly and you have indeed struck at the root that is the power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed is an irrational thing in them to do being a Court that acts upon Authority denived from them that they should presume to judge upon their Superiority from whom there is no Appeal But Sir if you have any thing to say in defence of your self concerning the matters charged the Court hath given me command to let you know they will hear you King Since that I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it but only I must tell you That this many a day all things have been taken away from me but that that I call more dear to me than my life which is My Conscience and my Honour and if I had respect to my life more than the Peace of the Kingdom the Liberty of the Subject certainly I should have made a particular defence for my self for by that at least-wise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not overborn the care
been stories will tell you if you go no higher than the time of the Conquest if you do come down since the Conquest you are the 24th King from William called the Conqueror you shall find one half of them to come meerly from the State and not meerly upon the point of Descent it were easie to be instanced to you the time must not be lost that way And truly Sir what a grave and learned Judge said in his time and well known to you is since printed for posterity That although there was 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 the manner of your Coronation doth shew plainly That the Kings of England and though it 's true by the Law the next person in blood is designed yet if there were just cause to refuse him the people of England might do it For there is a Contract and Bargain made between the King and his People and your Oath is taken and certainly Sir the Bond is reciprocal for as you are the liege Lord so they liege Subjects and we know very well that hath been so much spoken of Ligantis est duplex This we know now the one tye the one Bond is the bond of perfection which is due from the Soveraign the other is the bond of Subjection that is due from the Subject Sir if this bond be once broken farewel Soveraignty Subjectio trahit c. These things may not be denyed Sir 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 by your Office you ought to be a Protector of England or the Destroyer of England let all England judge or all the world that hath look'd upon it Sir though you have it by Inheritance in the way that is spoken of yet it must not be denyed that your Office was an Office of Trust and an Office of the highest trust lodged in any single person For as you were the grand Administrator of Justice and others were as your Delegates to see it done throughout your Realms if your great Office were to do Justice and preserve your People from wrong and instead of doing that you will be the great wrong-doer your self If instead of being a Conservator of the Peace you will be the Grand Disturber of the Peace surely this is contrary to your Office contrary to your Trust Now Sir if it be an Office of Inheritance as you speak of your Title by Descent let all men know that great Offices are seizable and forfeitable as if you had it but for a year and for your life Therefore Sir it will concern you to take into your serious consideration your great miscarriages in this kind Truly Sir I shall not particularize the many miscarriages of your Reign whatsoever they are famously known it had been happy for the Kingdom and happy for you too if it had not been so much known and so much felt as the story of your miscarriages must needs be and hath been already Sir That that we are now upon by the command of the highest Court hath been and is to Trie and Judge you for great offences of yours Sir the Charge hath called you Tyrant a Traytor a Murtherer and a publick Enemy to the Common-wealth of England Sir it had been well if that any of all these terms might rightly and justly have been spared if any one of them at all King Ha President Truly Sir we have been told Rex est dum bene regit Tyrannus qui populum opprimet and if so be that be the definition of a Tyrant then see how you come short of it in your Actions whether the highest Tyrant by that way of Arbitrary Government and that you have sought to introduce and that you have sought to put you were putting upon the People whether that was not as high an Act of Tyrannie as any of your Predecessors were guilty of nay many degrees beyond it Sir the term Traytor cannot be spared we shall easily agree it must denote and suppose a breach of Trust and it must suppose it to be done by a Superiour and therefore Sir as the People of England might have incurred that respecting you if they had been truly guilty of it as to the definition of Law so on the other side when you did break your Trust to the Kingdom you did break your Trust to your Superior For the Kingdom is that for which you were trusted And therefore Sir for this breach of Trust when you are called to account you are called to account by your Superiors Minimus ad Majorem in judicium vocat And Sir the People of England cannot be so far wanting to themselves which God having dealt so miraculously and gloriously for they having power in their hands and their great Enemy they must proceed to do 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 That you would endeavour to make your peace with God Truly Sir These are your high crimes Tyranny and Treason There is a third thing too if those had not been and that is Murther which is laid to your charge All the bloody Murthers that have been committed since this time that the Division was betwixt you and your People must be laid to your charge that have been acted or committed in these late Wars Sir it is an heinous and crying sin and truly Sir if any man will ask us what punishment is due to a Murtherer Let Gods Law let Mans Law speak Sir I will presume that you are so well read in Scripture as to know what God himself hath said concerning the shedding of Mans blood Gen. 9. Num. 35. will tell you what the punishment is and which this Court in behalf of the Kingdom are sensible of of that innocent blood that has been shed whereby indeed the Land stands still defiled with that blood and as the Text hath it It can no way be cleansed but with the shedding of the blood of him that shed this blood Sir we know no Dispensation from this blood in that Commandement Thou shalt do no Murder 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 nor even in mans Laws for the punishment of Murther in you 'T is true that in the case of Kings every private hand was not to put forth it self to this work for their Reformation and punishment But Sir the People represented having power in their hands had there been but one wilful act of Murther by you committed had power to have convented you
these Queries 1. Whether the King had not lost the Regality of the Narrow Seas since the D. of Buckingham was Admixal 2. Whether his going as Admiral in this last Fleet was not the cause of its ill Success and return without any considerable Action 3. Whether the Kings Treasure hath not been impaired by the Dukes Immense Liberality 4. Whether he hath not Ingrossed all Offices and prefer'd his Kindred to most places 5. Whether he hath not sold places of Judicature 6. Whether Popish Recusants have not dependance upon his Mother and Father in Law These bold Expressions so provoked the King that he immediately sent Sir Richard Weston to demand Satisfaction of the House of Commons whereupon Dr. Turner presently after made a Speech in Vindication and for explaining himself alledging That what he had said was for the good of the Kingdom and not reflecting upon any one in patticular That to accuse upon common Fame he thought to be a Parliamentary way and warranted by the Cannons of the Church the Imperial Laws and by Ancient Presidents The Duke of Suffolk in King Hen. the Sixths time having been accused upon Common Fame He added likewise That Mr. Chancellor himself had presented some persons upon particular Fame and that he knew no reason why himself might not in that place have as ample Priviledge and the further debate of the matter being referr'd till another time Dr. Turner in the mean space writ a Letter to the Speaker to excuse his absence by reason of some Indisposition and to signify his desire of putting himself wholly upon the Judgment and Censure of Parliament Sir William Waller speaking his Opinion concerning Grievances said That the True Cause of them was because as was said of Lewes the 11th of France all the Kings Council Rode upon one Horse And that therefore His Majesty was to be advised as Moses was by Jethro to make choice of Councellors to assist him that should be thus qualified 1. Noble not Upstarts and of a Nights Growth 2. Men of Courage such as would execute their own places and not commit them to undeserving Deputies 3. Fearing God not inclining to false Worship or halting between two Opinions 4. Dealing truly not given to Flattery or favouring Courtship but such as might be safely trusted by the King and Kingdom 5. Hating Covetousness not such as lived upon other Mens Means or that would take Bribes or sell places in Church or State or about the King 6. To be many in the multitude of Councellors there being safety 7. To judg of small matters as well as great the greatest being to be referr'd to the King much less any one Councellor alone to manage all business 8. Elders not young and unexperienced Men through whose rash and unadvised proceedings great Designs many times miscarry And herein he was seconded by Sr. John Eliot who represented to the House The present State of the Kingdom and the great dishonour the King and Kingdom had sustained by several miscarriages and ill management of Matters of the highest Trust he likewise mentioned Two Presidents the first in the 16 year of Hen. 3. when the Parliament denied the Subsidies demanded till the great Officers were Examined and Hugh de Burg being found guilty of Corruption was displaced Another Example was in the 10th year of Rich. 2. when Supply was required and the Commons complaining that the Earl of Suffolk then over-ruled all they returned Answer That they could not give But notwithstanding these Discourses the Commons taking the Kings Necessities into Consideration Voted Three Subsidies and Three Fifteens and that the Bill should be brought in as soon as the Grievances which were represented were redressed They likewise considered of the matter of the Duke of Buckingham and the misimploying the Revenue and ordered that the Duke should again have notice of their Intentions therein But the King observing they did not make such hast as he expected to answer his last Message summons both Houses together and by the Lord Keeper complains to them For not punishing Dr. Turner and Mr. Cook and likewise for searching his Signet Office and also justified the D. of Buckingham to have acted nothing of Publick Imployment without his Special Warrant and therefore forbid them to concern themselves any further therein as looking upon it to be Libelling his own Government lastly he blamed them for being too sparing in the matter of Supply and for ordering the Bill not to be brought in till their Grievances were heard and answered which he would not admit of This was the substance of the Lord Keepers Speech to which the King himself added He must also put them in mind that his Father moved by their Counsel and won by their Perswasions broke the Treaties and that he himself was their Instrument towards his Father and was glad to be Instrumental in any thing which might please the whole Body of the Realm nor was there any then in greater Favour than the Duke whom they now traduced but that now finding him so far intangled in a War that he could make no honourable nor safe Retreat they made necessity their Priviledge and set what rate they pleased upon their Supplies a Practise not very obliging towards Kings and whereas Mr. Cook told them That it was better for them to die by a Forreign Enemy than to be destroyed at home Indeed he thought it to be more Honourable for a King to be Invaded and almost destroyed by a Forreign Enemy than to be despised at home After this at a Conference of both Houses in the Painted Chamber the Duke of Buckingham was commanded by the King to explain some Expressions in the Kings and the Lord Chancellors Speeches which might be subject to misunderstanding which the Duke performed accordingly and then gave a large Account of his Negotiation in the Low Countreys as soon as the Duke had ended the Lord Conway discoursed of the Treaties of Denmark and France and the business of the Navy and affirmed they were not done by single Councel since King James himself commanded it The Commons in Answer to the Kings last Speech presented him with a Remonstrance to this purpose That they gratefully acknowledged His Majesties Expressions of Affection to his People and Parliament That they had taken Mr. Cooks and Dr. Turners words into Consideration and might have given a good Account thereof by this time if his Majesties Message had not interrupted them That they had the Presidents of former Parliaments for searching the Letters of his Majesty and his Secretary of State the Signet Office and other Records upon the like occasions That it was the unquestionable Priviledge of Parliaments to complain of any Person of any degree and their proceedings in relation to the Duke should not prejudice either Crown or Kingdom That they were willing to Supply his Necessities Liberally and Faithfully if Additions might be made of other things which concerned his Service and were now in Consultation
Committee of the Lords and Commons to reside there for the better securing the Garrison to them and gave the Governor power to raise the Trained Bands for his defence after which the King hearing that the Parliament had raised a Guard of themselves without his consent and reflecting upon the business of Hotham he summoned the Gentry of Yorkshire to a Meeting and acquainted them That his Magazine at Hull was going to be taken from him against his will the Militia against the Law and his consent put in execution and Sir John Hothams Treason countenanced so that he was resolved to have a Guard to secure his person in which he desired their assistance that he might be able to protect them the Laws and the true Protestant Religion from violation or injury The King had hereby indifferently strengthened himself and more had come in had not those Members of Parliament who came to the King at York prevailed with some of the Free-holders to protest against it And the Parliament declare That the Subjects unless bound to it by special Service could not be commanded to attend the King at his pleasure without transgressing against the Laws and Liberties of the Kingdom And that whosoever upon pretence of his Majesties Command shall take up Arms in a warlike manner shall be esteemed disturbers of the peace and to be proceeded against accordingly In the mean while Sir Thomas Gardiner who had been Recorder of London for six years being Impeached by the Parliament and in danger of hanging was glad to shift for himself and by flight escaped to the King at which time his Majesty endeavoured to have removed the Term from London to York but was much opposed therein by the Parliament who Voted it Illegal and forbid the L. Keeper to issue out Writs or Seal any Proclamation to that purpose The Parliament now proceed to put the people into a Military posture requiring all Persons in Authority to put the late Ordinance of the Militia in Execution which the King by his Proclamation forbids but for the Peoples satisfaction the Parliament publish'd a severe Declaration to the same Effect as their former Remonstrance only this was added That the King at his being in Scotland had countenanced the Irish in their Rebellious Designs and that his connivance was manifested by his tedious with-holding the Proclamation whereby they were declared Traytors till Jan. 2. being almost a Quarter of a Year after the breaking out of the Rebellion and then had appointed but forty Copies to be printed none of them to be published without his pleasure signified whereas his Proclamations against the Scots had been dispersed throughout all the Kingdom with publick Prayers and Execrations The King makes a speedy Answer hereunto not much differing from what he had said before yet tells them That as to the business of the Irish his Council in Ireland had desired them no sooner nor so many Copies by twenty as he had Signed and and sent them His Majesty had written a Letter to his Privy Council of Scotland to take away from them all suspicion of those Imputations so frequently laid to his Charge of being Popishly affected to be guilty of the bloodshed in Ireland and to bring in Forreign Forces Wherewith they seemed so satisfied that they returned a most respectful Answer and presently interposed their Mediation to heal the Breach before it grew wider humbly desiring the King to hearken to his Parliament as his greatest his best and most unparallel'd Council and discouraging him from any personal Journey into Ireland This Message was sent by the Earl of Lowden Chancellor of Scotland and after this the Scots Petition to the Kings Privy Council there Not to meddle with any verbal or real Engagement for the King against the Parliament Hereupon the English Parliament publish a Protestation wherein they vindicate their own proceedings and declare the great sense they had of the Affection of their Scotish Brethren manifested unto them in so many particulars and more especially the mentioned Petition The Earl of Bristol an Old Experienced Statesman prudently foresaw that such unhappy beginings must necessarily have a very bad Issue therefore earnestly endeavoured an Accommodation by stating the Case in the House of Lords representing the Offers of the King on the one side and the Professions of the Parliament on the other and likewise the dreadful Effects of a Civil War then likely to ensue by the Example of the woful Desolations in Germany and the expensive Troubles in Scotland and then proposes some methods for preventing these dangers as 1. That a select Committee of Parliament should truly state the matters in difference with the most probable ways of reconciling them 2. To consider particularly what may be expected either in point of supporting the King or releiving his People And lastly how the Conditions agreed upon may be secured And to shew the necessity of this course he discovers the deplorable State of Ireland the debts and necessities of the Crown the distractions which were likely to produce confusion of Religion most dangerous and destructive to a State besides the general Distraction of the Subjects who between Commands and Countermands knew not whom to obey This was admitted as good and solid Reason but Divine Justice would not so permit the Sins of the English Nation to go unpunished and the L. Bristols Speech though well received yet proved ineffectual In the mean time the Kings Guard increases at York which the House Voted a preparation for War against the Parliament a Breach of the Trust reposed in him by his People and that all such as serve him there are Traitors to the Laws of the Kingdom as the 11 Rich. 2. and the 1 Hen. 3. This was followed by another Declaration or Remonstrance of the misactions of the King and their own Priviledges which the King answers and they again reply to and May 28. the Parliament ordain That all Sheriffs Justices c. make stay of all Arms and Ammunition going to the King at York the King on the other side forbids all Persons belonging to the Trained Bands or Militia of the Kingdom to obey any Order or Ordinance of any of the Houses divers Members of both Houses withdrew themselves to the King as being unsatisfied with their proceedings whereupon the Parliament Ordered That all such as did not make their Personal Appearance by June 16 ensuing should be fined an 100 pounds toward the Irish Wars such only excepted as were imployed by the Parliament They likewise understood that the Queen had pawned the Crown Jewels in Holland for Money to be transported to the King which to prevent him of they order That whoever hath or shall pay lend send or bring any Money in Specie into this Kingdom for or upon those Jewels or accept of any Bill hereafter shall be an Enemy to the State June 2. The Parliament sent to the King Nineteen Proposition 1. That all the Kings Privy
resolved to bring you to Tryal and Judgment and for that purpose have constituted this High Court of Justice before which you are brought This said Mr. Cook Solicitor General for the Common-wealth standing within a Bar on the right hand of the King offered to speak but the King having a Staff in his hand held it up and laid it upon the said Mr. Cooks shoulder two or three times bidding him hold Nevertheless the Lord President ordering him to go on he said Cook My Lord I am commanded to charge Charles Stuart King of England in the name of the Commons of England with Treason and high Misdemeanours I desire the said Charge may be read The said Charge being delivered to the Clerk of the Court the Lord President ordered it should be read but the King bid him hold Nevertheless being commanded by the Lord President to read it the Clerk begun The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said Charles Stuart being admitted King of England and therein trusted with a Limited Power to govern by and according to the Laws of the Land and not otherwise And by his Trust Oath and Office being obliged to use the power committed to him for the good and benefit of the people and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People Yea to take away and make void the Foundations thereof and of all redress and remedy of misgovernment which by the fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National meetings in Councel He the said Charles Stuart for accomplishment of such his Designs and for the protecting of himself and his Adherents in His and their wicked practices to the same end hath traiterously and maliciously levied War against the present Parliament and the people therein represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred forty and two at Beverly in the Count of York And upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Keinton-field in the County of Warwick And upon or about the thirtieth day of Nov. in the same year at Brainford in the County of Middlesex And upon or about the thirtieth day of Aug. in the year of our Lord One thousand six hundred forty and three at Cavesham-bridge neer Reding in the County of Berks And upon or about the thirtieth day of October in the year last mentioned at or near the City of Glocester And upon or about the thirtieth day of November in the year last mentioned at Newberry in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred forty and four at Cropredy-bridge in the County of Oxon And upon or about the thirtieth day of September in the last year mentioned at Bodmin and other places near adjacent in the County of Cornwall And upon or about the thirtieth day of November in the last year mentioned at Newberry aforesaid And upon or about the Eighth of June in the year of our Lord One thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned And in the year of our Lord One thousand six hundred forty and six He the said Ch. Stuart hath caused and procured many thousands of the Free-people of the Nation to be slain and by Divisions parties and insurrections within this Land by Invasions from Foreign parts endeavoured and procured by him and by many other evil wayes and means He the said Charles Stuart hath not onely maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good people of this Nation in this present year One thousand six hundred forty and eight in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and places in England and Wales and also by Sea and particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by Him or His Agents Corrupted to the betraying of Their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and the renewing of War and Hostility against the said Parliament and people as aforesaid By which cruel and unnatural Wars by Him the said Charles Stuart levyed continued and renewed as aforesaid much Innocent Blood of the Free-People of this Nation hath been spilt many Familie have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoyled some of them even to desolation And for further prosecution of his said evil Designs He the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Forreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the personal Interest of Will and Power and pretended Prerogative to Himself and his Family against the publick Interest Common Right Liberty Justice and Peace of the people of this Nation by and for whom he was entrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said Unnatural Cruel and Bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by protestation saving on the behalf of the people
the Court. Sir it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded accordingly King I do not know how a King can be a Delinquent not by any Law that ever I heard of all men Delinquents or what you will let me tell you they may put in Demurrers against any proceedings as Legal and I do demand that and demand to be heard with my Reasons if you deny that you deny Reason President Sir you have offered something to the Court I shall speak something unto you the sence of the Court Sir neither you nor any man are permitted to dispute that point you are concluded you may not demur the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer they sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them King I deny that shew me one President President Sir you ought not to interrupt while the Court is speaking to you this point is not to be debated by you neither will the Court permit you to do it if you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction King I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so President Sir you are not to be permitted to go on in that Speech and these Discourses Then the Clerk of the Court read as followeth Charles Stuart King of England You have been accused on the behalf of the People of England of High Treason and other high Crimes the Court have determined that you ought to answer the same King I will answer the same as soon as I know by what Authority you do this President If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again King I do require that I may give in my Reasons why I do not Answer and give me time for that President Sir 'T is not for Prisoners to require King Prisoners Sir I am not an ordinary Prisoner President The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction if you will not answer we shall give order to record your default King You never heard my Reasons yet President Sir your Reasons are not to be heard against the highest Jurisdiction King Shew me that Jurisdiction 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 you will know more of the pleasure of the Court and it may be their final determination King Shew me wherever the House of Commons was a Court of Judicature of that kind President Serjeant take away the Prisoner King Well Sir remember that the King is not suffered to give his Reasons for the Liberty and Freedom of all his Subjects President Sir You are not to have liberty to use this language how great a friend you have been to the Laws and Liberties of the people let all England and the World judge King Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended my self with Arms I never took up Arms against the People but for my people and the Laws President The command of the Court must be obeyed no Answer will be given to the Charge King Well Sir Then the Lord President ordered the default to be recorded and the Contempt of the Court and that no answer would be given to the Charge And so was guarded forth to Sir Robert Cotton's house Then the Court adjourned to the Painted Chamber on Tuesday at twelve a clock and from thence they intended to adjourn to Westminster-Hall at which time all persons concerned were to give their attendance Resolutions of the Court at their meeting in the Painted Chamber Lunae Jan. 22. 1648. This day the King being withdrawn from the Bar of the High Court of Justice the Commissioners of the said High Court of Justice sate private in the Painted Chamber and considered of the Kings carriage upon the Saturday before and of all that had then passed and fully approved of what the Lord President had done and said in the managing of the business of that day as agreeing to their sence And perceiving what the King aimed at viz. to bring in question if he could the Jurisdiction of the Court and the Authority thereof whereby they sate and considering that in the interim he had not acknowledged them in any sort to be a Court or his Judges and through their sides intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representatives the Commons assembled in Parliament after advice with their Councell learned in both Laws and mature deliberation had of the matter Resolved That the King should not be suffered to argue the Courts Jurisdiction of that which constituted them a Court of which debate they had not proper Conusance nor could they being a derivative Judge of that Supream Court which made them Judges from which there was no Appeal and did therefore order and direct viz. Ordered That in case the King shall again offer to dispute the Authority of the Court 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 be permitted to be disputed by him That in case the King 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 or answer with a saving notwithstanding of his pretended Prerogatives above the jurisdiction of the Court That the Lord President do in the Name of the Court refuse his protest and require his positive Answer whether he will own the Court or not That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring 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 divers high Crimes and Treasons which Charge hath been read unto you The Court requires you to give a positive Answer to confess or deny the Charge having determined that you ought to Answer the same At the High Court of Justice sitting in Westminster Hall Tuesday Jan. 23. 1648. O yes made
on that trouble and perpetual inconveniency to the Kingdom that the Child that is unborn may repent it and therefore again out of the Duty I owe to God and to my Countrey I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint me President Sir you have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgement of the Court in it and the Court now requires to know whether you have any more to say for Your self than you have said before they proceed to Sentence King I say this Sir That if you will hear me if you will give me but this delay I doubt not but I shall give some satisfaction to you all here and to my people after that and therefore I do require you as you will Answer it at the dreadfull day of judgment that you will consider it once again President Sir I have received direction from the Court King Well Sir President If this must be re-inforc'd or any thing of this nature your answer must be the same and they will proceed to Sentence if you have nothing more to say King I have nothing more to say but I shall desire that this may be entred what I have said President The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Sir you speak very well of a precious thing that you call Peace and it had been much to be wished that God had put it into your heart that you had as effectually and really endeavoured and studied the Peace of the Kingdom as now in words you seem to pretend but as you were told the other day Actions must expound Intentions yet Actions have been clean contrary and truly Sir it doth appear plainly enough to them that you have gone upon very erroneous principles the Kingdom hath felt it to their smart and it will be no ease to you to think of it for Sir you have held your self and let fall such Language as if you had been no wayes subject to the Law or that the Law had not been your Superiour Sir the Court is very well sensible of it and I hope so are all the understanding people of England That the Law is your Superiour That you ought to have ruled according to the Law you ought to have done so Sir I know very well your pretence hath been that you have done so but Sir the difference hath been who shall be the Expositors of this Law Sir whether you and your party out of Courts of Justice shall take upon them to expound Law or the Courts of Justice who are the Expounders nay the Soveraign and the High Court of Justice the Parliament of England who are not onely the highest Expounders but the sole Makers of the Law Sir for you to set your self with your single judgment and those that adhere unto you against the highest Court of Justice that is not Law Sir as the Law is your superiour so truly Sir there is something that is superior to the Law and that is indeed the Parent or Author of the Law and that is the People of England For Sir as they are those that at the first as other Countreys have done did chuse to themselves this Form of Government even for Justice sake that Justice might be administred that Peace might be preserved so Sir they gave Laws to their Governors according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the publick they had a power in them and reserved to themselves to alter as they should see cause Sir it is very true what some of your side have said Rex non habet parem in Regno This Court will say the same while King That you have not your Peer in some sence for you are Major singulis but they will averr again that you are Minor universis and the same Author tells you that in exhibitione juris there you have no power but are quasi minimus This we know to be Law Rex habet superiorem Deum Legem etiam Curiam and so says the same Author and truly Sir he makes bold to go a little further Debent ei ponere fraenum They ought to bridle him and Sir we know very well the stories of old Those Wars that were called the Barons Wars when the Nobility of the Land did stand out for the Liberty and Property of the Subject and would not suffer the Kings that did invade to play the Tyrants here but called them to account for it we know that truth That they did fraenum ponere But Sir if they do forbear to do their duty now and are not so mindful of their own honour and the Kingdoms good certainly the Commons of England will not be unmindful of what is for their preservation and for their safety Justitiae fruendi causa Reges constituti sunt This we learn is the end of having Kings or any other Governours it 's for the enjoying of Justice that 's the end Now Sir if so be the King will go contrary to the end of his Government Sir he must understand that he is but an Officer of trust and he ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour This is not Law of yesterday Sir since the time of the division betwixt you and your People but it is Law of old And we know very well the Authors and Authorities that do tell us what the Law was in that point upon the Election of Kings upon the Oath that they took unto their People and if they did not observe it there weere those things called Parliaments The Parliaments were they that were to adjudge the very words of the Author the plaints and wrongs done of the King and Queen or their Children such wrongs especially when the People could have no where else any remedy Sir that hath been the People of Englands case they could not have their remedy elsewhere but in Parliament Sir Parliaments were ordained for that purpose to redress the grievances of the People that was their main end and truly Sir if so be that the Kings of England had been rightly mindful of themselves they were never more in Majesty and State than in the Parliament but how forgetfull some have been Histories have told us We have a miserable a lamentable a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to let fall the other day you thought you had as much knowledge in the Law as most Gentlemen in England it is very well Sir And truly Sir it is very good for the Gentlemen of England to understand that Law
put my hands out this way stretching them out them After that having said two or three words as he stood to himself with hands and eyes lift up Immediately stooping down laid his Neck upon the Block and then the Executioner again putting his hair under his Cap the King said thinking he had been going to strike Stay for the sign Executioner Yes I will and it please your Majesty And after a very little pause the King stretching forth his hands the Executioner at one blow severed his head from his body The head being off the Executioner held it up and shewed it to the people which done it was with the Body put in a Coffin covered with black Velvet for that purpose and conveyed into his Lodgings there And from thence it was carried to his house at Saint James's where his body was embalmed and put in a Coffin of Lead laid there a fortninght to be seen by the people and on the Wednesday sevennight after his Corps embalmed and coffined in Lead was delivered chiefly to the care of four of his Servants viz. Mr. Herbert Captain Anthony Mildmay his Sewers Captain Preston and John Joyner former Cook to his Majesty they attended with others cloathed in Mourning Suits and Cloaks accompanied the Herse that night to Windsor and placed it in that which was formerly the Kings Bed-chamber next day it was removed into the Deans Hall which Room was hanged with black and made dark Lights burning round the Herse in which it remained till Three in the Afternoon about which time came the Duke of Lenox the Marquess of Hertford the Marquess of Dorchester the Earl of Lyndsey having obtained an order from the Parliament for the decent Interment of the King their Royal Master provided the expence thereof exceeded not five hundred pounds At their coming into the Castle they shewed their Order of Parliament to Collonel Wichcot Governour of the Castle desiring the Interment might be in St. Georges Chappel and by the Form in the Common-Prayer Book of the Church of England this request was by the Governour denyed saying It was improbable that the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. To which the Lords replyed There is a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases All could not prevail the Governour persisting in the Negative the Lords betook themselves to the search of a convenient place for the Burial of the Corps the which after some pains taking therein they discover a Vault in the middle of the Quire wherein as is probably conjectured lyeth the body of King Henry the Eighth and his beloved Wife the Lady Jane Seamor both in Coffins of Lead in this Vault there being Room for one more they resolve to inter the body of the King the which was accordingly brought to the place born by the Officers of the Garrison the four Corners of the Velvet Pall born up by the aforesaid four Lords the pious Bishop of London following next and other Persons of Quality the Body was committed to the earth with sighs and tears especially of the Reverend Bishop to be denyed to do the last Duty and Service to his Dear and Royal Master the Velvet Pall being cast into the Vault was laid over the Body upon the Coffin was these words set KING CHARLES 1648. After the Regicides had committed this Horrid and nefarious Act the prevailing Power consisting of a patcht number of the House of Commons and the chief Officers of the Army combined together and seeing how successfully and unopposed they had effected this so unparalel'd a Deed to which they knew the generality of the Nation were utterly averse and as far as they durst shew'd their absolute dislike They in the next place fall upon the alteration of the Government thinking to make sure work by subverting the Ancient Monarchy of this Realm and instead thereof introducing that which they called a Free State or Common-wealth For constituting of which the first thing they did was to Vote and publish by Proclamation That whereas several pretences might be made to the Crown c. to the apparent hazard of the publick Peace no Person whatsoever should presume to proclaim or any way promote Charles Stuart Son of the said Charles late King of England or any other person to be King or chief Magistrate c. by colour of Inheritance or any other claim whatsoever without the free Consent of the People in Parliament first signified by a particular Act for that purpose any Law or Custom to the contrary notwithstanding and whosoever should contrary to this Order proclaim c. shall be adjudged a Traytor and suffer accordingly This proceeding was founded upon a Maxim which they had taken up and agreed on among themselves namely That all Power and Authority is Originally in the People But well knowing that their Councils had soon been confounded and themselves interrupted in the course they had begun if they had incorporated again with those of their Members which had been forcibly kept out by the Army they Resolve and decree 1. That all those Members who had assented to the Vote of Decemb. 5. concerning the Kings Concessions for that was the occasion of their seclusion should never be readmitted and that those that Voted in the Negative should presently enter their said dissent or before they were to be admitted And together with the fortune of Monarchy was involved that of the House of Peers who having sent to desire a Conference about setling the Government in regard the Judges Commissions were determined by the Kings Death instead of an Answer to their Message the Junto of the Commons upon debate Voted the Lords House to be useless and dangerous and therefore to be laid aside as in like manner they declared the Kingly Office to be unnecessary and Burthensom and therefore fit to be abolished only they allowed the Lords the Priviledge of being capable to be chosen Burgesses into the House of Commons But the Lords were so highly incensed thereat that there was suddenly published a Declaration in the name of all the Peers and Barons of the Realm wherein they protest against the Proceedings of the Commons And a while after some of the Kings friends in despite of all Votes Acts and Orders to the contrary promoted a Proclamation in the name of all the Nobility Gentry and Commonalty of the Kingdom for proclaiming Charles our present Soveraign to be King of England But little could unarmed Declarations prevail against the reigning Power of an Armed faction who now assumed new Ensigns of Soveraignty cancelling the Old and caused all Writs Commissions and Instruments of publick Concernment to be issued out under a new Stile and Test that is of The Keepers of the Liberties of England by Authority of Parliament They ordered the old Great Seal to be
Archbishop Laud upon an Accusation of High Treason by the Commons was committed to the Tower And now Episcopacy it self was called in question and though the Lord Digby made a witty and weighty Speech in Defence of it and Archbishop Usher gave his Judgment for the Moderation and Emendation of it and the Liturgy not the Extirpation thereof yet the Wings of Episcopacy were shrewdly clipt for March 10 the Commons Voted That no Bishop should have any Vote in Parliament nor any Judicial power in the Star Chamber nor be concerned in any Temporal matters and that no Clergy-man should be a Justice of Peace Upon Monday March 26 1640. the Earl of Straffords Tryal began in Westminster-hall the King Queen and Prince being present and the Commons likewise being there as a Committee at the managing their Accusation the Earl of Arundel was Lord High Steward and the Earl of Lindsey Lord High Constable the Earl of Strafford though he had but short warning yet had gotten his Defence ready against the time The Accusation was managed by Mr. Pym consisting of Twenty eight Articles to most of which the Earl made Particular Replies But the Commons were resolved to prosecute him to the utmost and had therefore procured the Parliament of Ireland to prosecute him there also as guilty of High Treason which being unexpectedly produced extorted from the Earl this passionate Expression That there was a Conspiracy against him to take away his Life At which the Commons cryed out against him That standing Impeached of High Treason he durst accuse the Parliament of two Kingdoms of Conspiracy against him But besides all these certain notes were produced against him which were taken by Sir H. Vane in a close Committee of select Counsellors whom the King had chosen to consult about his second Expedition against the Scots out of which it was alledged against the Earl That he had given the King advice to borrow an Hundred thousand pound of the City of London To levy Ship-money rigorously and that his Majesty having tryed the Affections of his People was absolved and loosed from all Rules of Government and might do what power would admit and having an Army in Ireland might imploy it for the reducing of this Kingdom which he was sure could not hold out five months And London being full of the Nobility the Commission of Array was to be set on foot and all Opposers thereof to be severely dealt with To this the Earl replyed That he conceived it lawful for a Privy Counsellor to have freedom of Voting with others and as to the matter of the English Army he thought that the single Testimony of one man Secretary Vane was not of Validity in Law much less in Life and Death and that the Depositions of Secretary Vane was doubtful as appeared by several Examinations and that there were present at the Debate but eight Privy Counsellors whereof two were not to be produced and four others declared upon their Honours that they never heard him speak those words or any like them and lastly that if he had spoken them which he yet granted not that the word This Kingdom could not imply England the debate being concerning Scotland there being not the least intention of Landing the Irish Army in England and concluded his Defence with telling the Lords that he was accused as guilty of Treason for endeavouring to subvert the Fundamental Laws of the Land but it seemed strange to him that it should be Treason together which was not Treason in any part and lastly desired the Lords to consider how their own Priviledges and other Ministers of State would suffer by his Condemnation The Commons must now justifie their Charge by Law to which end they produced the Salvo annexed to the Stat. of 25 Ed. 3. The words were these Because all particular Treasons could not be then defined therefore what the Parliament should declare to be Treason in time to come should be punished as Treason And so this Salvo was to be the Ground work of the Bill of Attainder This being a point of Law the Earl had Council allowed him who answered on his behalf That the Statute which they cited was but a Declarative and a Penal Law awd would no way admit of such Consequential and Inferential Constructions and that this Salvo was repealed by an Act of Parliament in the Sixth of Henry the fourth And so the Court Adjourned without prefixing any time of Meeting for the Commons proceeded to dispatch their Bill of Attainder and April 19 1641 they Voted the Earl Guilty of High Treason upon the Evidence of Secretary Vane and his Notes And upon the 25th they passed the Bill and sent to the Lords for their Concurrence to whom it seemed at first so perplext a business that the Commons were forced to send Mr. Saint John the Kings Sollicitor to confer with them about it who gave them such satisfaction that thence forward they shewed greater propensity to the Earls Condemnation In the mean time the Commons petitioned the King 1. To remove all Papists from Court. 2. For disarming of them generally throughout the Kingdom 3. For disbanding the Irish Army To which the King answered 1. They all knew what Legal Trust the Crown hath in that particular therefore he shall not need to say any thing to assure them that he shall use it so as there shall be no just cause of scandal 2. As for the second he is content it shall be done by Law And for the last he had entred into Consultation about it finding many difficulties therein and doth so wish the disbanding of all Armies as he did conjure them speedily and heartily to joyn with him in disbanding those two here Scots and English The House of Commons having finished their Bill of Attainder against the Earl of Strafford and the King fearing the Conclusion and being willing to do some good Office to him His Majesty May 1 1641 calls both Houses together and in a Speech tells them That he had been present at the hearing of that great Cause and that in his Conscience positively he could not condemn him of High Treason and yet could not clear him of misdemeanours but hoped a way might be found out to satisfie Justice and their fears without oppressing his Conscience And so he dismissed them to their great discontent which was propagated so far that May 3. near a Thousand Citizens most of them armed with Swords Cudgels and Staves came thronging down to Westminster crying out for Justice against the Earl of Strafford especially applying themselves to the Earl of Montgomery Lord Chamberlain by whose perswasions and promises their fury was partly abated However they posted upon the Gate at Westminster a List of the Names of those who would have acquitted the Earl whom they stiled Staffordians The Parliament being Informed that some endeavours were used to raise a Disgust in the English Northern Army against their Proceedings they now enter into a National
King as not willing to have them too strong yet promised to take such care for their security from Violence as he would for the preservation of Himself and Children and if this general Assurrnce would not suffice to remove those Apprehensions he would command such a Guard to wait upon them as he would be responsible for to Almighty God This Answer being unsatisfactory the City joyn with them and in their Common Council drew up a Petition complaining That the Trade of the City was decayed to the utter Ruin of the Protestant Religion and the Lives and Liberties of the Subjects by the Designs of Papists Foreigners and Domesticks more particularly their fomenting the Irish Rebellion by changing the Constable of the Tower and making preparations there By the fortifying of White-hall and his Majesties late Invasion of thâ— House of Commons Whereupon they pray Thaâ— by the Parliaments Advice the Protestants in Ireland may be relieved the Tower to be put into hands of Persons of Trust a Guard appointed for the safety of thâ— Parliament and that the Five Members may not be restrained nor proceeded against but by the Priviledges of Parliament And besides this The King riding into London the Citizens in multitudes flockeâ— about his Coach beseeching him To agree with his Parliament and not to violate their Priviledges To their Petition the King returned Answer That he could not express a greater sense of Ireland that he had done That meerly to satisfie the City he had removed a worthy Person from the charge of the Tower and that the late Tumults had caused him to fortifie White-hall for the security of his own Person That his going to the House of Commons was to apprehend those five Members for Treason to which the Priviledges of Parliament could not extend and that yet he would proceed against them no otherwise than legally And now such numbers of ordinary People daily gathered about Westminster and White-hall that the King doubting of their Intentions thought fit to with-draw to Hampton Court taking with him the Queen Prince and Duke of York where he and his Retinue and Guard quickly increased by accession of divers of the Gentry But the next day the Five Members were triumphantly guarded to Westminster by a great number of Citizens and Seamen with hundreds of Boats and Barges with Guns in them shouting and hallowing as they passed by White-hall and making large Protestations at Westminster of their constant fidelity and adherence to the Parliament About this time the Parliament had notice the Lord Digby and Collonel Lunsford were raising Troops of Horse at Kingston where the County Magazine was lodged whereupon they order That the County Sheriffs Justices of Peace and the Trained Bands shall take care to secure the Countreys and their Magazine and suppress all unlawful Assemblies Lunsford was seized and sent to the Tower but Digby escaped beyond Sea The King removed to Royston at which time Sir Edward Harbert Attorney General is questioned at the Lords Bar to answer concerning the Articles against the Five Members where it had gone hard with him if the King at his earnest Supplication had not taken him off by a Letter to the Lord Keeper Littleton who succeeded L. Finch wherein the King clears the Attorney General and takes the whole business upon himself yet concludes That finding cause wholly to desist from proceeding against the Persons Accused he had commanded his Attorney General to proceed no further therein nor to produce nor discover any proof concerning the same And so this Breach between the King and Parliament seemed at present to be made up At this time the Scots having a considerable Interest in their Britttish Plantations in Ireland make Proposals for Transporting 2500 Souldiers thither which were accepted by both Houses and afterward consented to by the King after which the Scotch Commissioners interposed their Meditation for composing the differences between the King and Parliament which were now grown to too great an height for which Mr. Pym was ordered by the Commons to give them the thanks of the House January 20. The King sends a Message to the Parliament proposing the security of his own just Rights and Royal Authority and That since particular Grievances and Distractions were too many and would be too great to be presented by themselves that they would comprize and digest them into one entire body and send them to him and it should then appear how ready he would be to equal or exceed the greatest Examples of the most Iudulgent Princes in their Acts of Grace and Favour to the People After this the Commons move the Lords to joyn with them in Petitioning for the Militia and the Command of the Tower but they not complying the House of Commons singly of themselves Importune the King to put those things into the hands of the Parliament as the only available means for removal of their Fears and Jealousies But the King not willing to part with the Principal Jewels of his Crown signified to them That he thought the Militia to be lawfully subject to no command but his own and therefore would not let it out of his hands That he had preferred to the Lieutenancy of the Tower a Person of known Fortune and unquestionable Reputation and that he would prefer none but such to the command of his Forts and Castles yet would not intrust the power of conferring those Places and Dignities from himself being derived to him from his Ancestors by the Fundamental Laws of the Kingdom Yet the Commons would not desist but again petitioned and were again refused Soon after divers Petitions were delivered to the Parliament against the Votes of Popish Lords and Bishops in the House of Peers as one from Suffolk with 1500 and another from the Londoners with 2000 hands and a Third from the City Dames All which were Answered That the Commons had already endeavoured Relief from the Lords in their Requests and should so continue till Redress were obtained And shortly after the Lords passed the Bill For disabling all Persons in Holy Orders to have any Place or Vote in Parliament or to exercise any Temporal Jurisdiction At the same time they petition the King again for the Militia and for clearing Kimbolton and the Five Members by his Answer to both which they understood his Resolution Not to intrust the Militia out of himself nor to clear the Members but only by a General Pardon which was unsatisfactory The King now at Hampton Court thought fit to send for all his Domestick Servants of either House of Parliament and particularly the Earls of Essex and Holland but they refused to come excusing themselves with The necessity of performing their duties in Parliament and discharging the Trust reposed in them For which they were put from their Places at Court The Lord Digby about this time sent Three Letters from Middleburg in Zealand where he was fled out of England one to the Queen and two others to Secretary
under which they must live and by which they must be governed And then Sir the Scripture says They that know their Masters Will and do it not what follows The Law is your Master the Acts of Parliaments the Parliaments were to be kept anciently we find in our Author twice in the year That the Subject upon any occasion might have a ready remedy and redresse for his Grievance Afterwards by several Acts of Parliament in the dayes of your Predecessor Edward the third they must have been once a year Sir what intermission of PARLIAMENTS hath been in your time it is very well known and the sad consequences of it and what in the interim instead of these Parliaments hath been by you by an high and Arbitrary hand introduced upon the People that likewise hath been too well known and felt But when God by his Providence had so brought it about that you could no longer decline the calling of a Parliament Sir yet it will appear what your ends were against the Ancient and your Native Kingdom of Scotland The Parliament of England not serving your ends against them you were pleased to dissolve it Another great necessity occasioned the calling of this Parliament and what your designs and plots and endeavours all along have been for the ruining and confounding of this Parliament hath been very notorious to the whole Kingdom And truly Sir in that you did strike at all that had been a sure way to have brought about that that this layes upon you Your Intention to subvert the Fundamental Laws of the Land For the great bulwark of Liberty of the People is the PARLIAMENT of England and to Subvert and Root up that which your aim hath been to do certainly at one blow you had confounded the Liberties and the Propriety of England Truly Sir it makes me call to mind I cannot forbear to express it for Sir we must deal plainly with you according to the merits of your cause so is our Commission it makes me call to mind these proceedings of yours that we read of a great Roman Emperor by the way let us call him a great Roman Tyrant Caligula that wisht that the People of Rome had had but one Neck that at one blow he might cut it off and your proceedings hath been somewhat like to this for the body of the people of England hath been and where else represented but in the 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 pleased for to Confound your designs and to break your Forces and to bring your Person into Custodie that you might be responsible to Justice Sir we know very well That it is a question on your side very much Press'd By what president we shall proceed Truly Sir for Presidents I shall not at this present make any long discourse but it is no new thing to cite Presidents almost of all Nations where the People when power hath been in their hands have not sticked to call their Kings to account and where the change of Government hath ensued upon occasions of the Tyranny and Mis-government of those that have been placed over them I will not spend time to mention France or Spain or the Empire or other Countries Volumes may be written of them But truly Sir that of the Kingdom of Arragon I should think some of us have thought upon it where they have the Justice of Arragon that is a man tanquam in medio positus betwixt the King of Spain and the people of the Country that if wrong be done by the King he that is the King of Arragon the Justice hath power to reform the wrong and he is acknowledged to be the Kings Superiour and is the grand preserver of their priviledges and hath prosecuted Kings upon their miscarriages Sir What the Tribunes of Rome were heretofore and what the Ephori were to the Lacedaemonian State we know that is the Parliament of England to the English State and though Rome seem to have lost its liberty when once the Emperours were yet you shall find some famous Acts of Justice even done by the Senate of Rome that great Tyrant of his time Nero condemned and judged by the Senate But truly Sir to you I should not mention these Forreign examples and stories If you look but over Tweed we find enough in your native Kingdom of Scotland If we look to your first King Forgusius that your stories make mention of he was an Elective King he died and left two Sons both in their minority the Kingdom made choice of their Unkle his Brother to govern in the minority afterwards the Elder Brother giving small hopes to the People that he would rule or govern well seeking to supplant that good Unkle of his that governed them justly they set the Elder aside and took to the Younger Sir if I should come to what your stories make mention of you know very well you are the 109th King of Scotland for to mention so many Kings as that Kingdom according to their power and priviledge have made bold to deal withal some to banish and some to imprison and some to put to death it would be too long and as one of your Authors sayes it would be too long to recite the manifold examples that your own stories make mention of Reges say they we do create we created Kings at first Leges c. We imposed Lawes upon them and as they are chosen by the suffrages of the People at the first so upon just occasion by the same suffrages they may be taken down again and we will be bold to say that no Kingdom hath yielded more plentiful experience than that your Native Kingdome of Scotland hath done concerning the deposition and the punishment of their offending and transgressing Kings c. It is not far to go for an example near you your Grandmother set aside and your Father an Infant crowned and the State did it here in England here hath not been a want of some examples they have made bold the Parliament and the People of England to call their Kings to account there are frequent examples of it in the Saxons time the time before the Conquest since the Conquest there wants not some Presidents neither King Edward the second King Richard the second were dealt with so by the Parliament as they were deposed and deprived and truly Sir whoever shall look into their stories they shall not find the Articles that are charged upon them to come near to that height and capitalness of Crimes that are layed to your charge nothing near Sir you were pleased to say the other day wherein they descend and I did not contradict it but take altogether Sir if you were as the Charge speaks and no otherwise admitted K. of England but for that you were pleased then to alledge how that almost for a thousand years these things have