man whatsoever President Sir I must interrupt you which I would not do but that which you do agreeth not with the proceedings of any Tribunal of Justice you enter into a controversie and dispute against the Authority of this Court before which you appear a prisoner and are accused as a great Delinquent If you will take upon you to controvert the Authority of this Court we cannot give way unto it neither will any tribunal of Justice admit it you ought to submit unto the Court and to give an exact and direct Answer whether you will answer to your charge or not and what is the answer that you make King Sir I know not the formalities of the law I know the law reason although I am no professed Lawyer I know the law as well as any Gentleman in England and I am more eager for the Liberties of the people of England then you are and if I should believe any man without he gives me Reasons for what he saith It would be absurd but I say unto you that the Reason which you give is no wayes satisfactory L. President Sir I must interrupt you for it cannot be permitted to you in this manner to proceed you speak of law and reason it is fit that there should be both law and reason and they are both against you Sir the Vote of the Commons of England Assembled in Parliament is the reason of the Kingdome and they ordained this law according to which you ought to Reign Sir It is not lawfull for you to dispute against our Authority This again hath been told you by the Court Sir Notice will be taken that you contemn the Court and this contempt of yours will be recorded King I know not how a King can be interpreted to be a Delinquent but by any law that I ever heard all men whether Delinquent or what you will may lawfully make objections against their Processe this is that which I require and I again desire that my Reasons may be heard If you deny this you deny Reason L. President Sir you have objected something to the Court I will declare unto you their opinion Sir It is not lawfull for you or any man else to dispute against this Subject It is Decreed you ought not to dispute against the jurisdiction of this Tribunal If you shall yet do it I must intimate unto you that they are above objections They sit here by Authority of the Commons of England and all your Predecessors and you your self are bound to be accountable to them King I deny that shew me one example L. President Sir you ought not to interrupt but attend whilest the Court speaks unto you This Subject is not to be disputed by you neither will the Court permit that you should object against the jurisdiction of it they have considered of their jurisdiction and do approve it King Sir I say that the Commons of England were never a Court of Judicature and I would fain know how they came to be made so now President Sir It is not permitted to you to proceed in those discourses Then the Secretary of the Court did read as followeth Charls Stuart King of England you have been accused in the Name of the People of England of High Treason and other grievous Crimes The Court hath determined that you shall answer to your Charge King I will answer as soon as ever I shall understand by what authority you do these things President If this be all that you will speak Gentlemen you who brought the prisonner hither take him back again King I demand that I may be permitted to exhibite my Reasons why I answer not unto the Charge and give me time to perform this President Sir It is not for prisonners to demand King Prisonners Sir I am no ordinary prisonner President The Court hath considered of their own jurisdiction and they have also confirmed their jurisdiction If you will not answer we will give order that your Default be recorded King You have not yet heard my Reasons President Your Reasons are not to be heard against the Supream Jurisdiction King Shew me that jurisdiction in the world where Reason is not to be heard President Sir We shew it you here the Commons of England the next time you are brought hither you shall understand further of the pleasure of the Court and peradventure their finall sentence King Shew me where the House of Commons was ever a Court of Judicature in that kind President Serjeant take away the Prisonner King Sir Remember that the King is not suffered to declare his Reasons for the Libertie and Immunities of his Subjects President Sir That Freedome of speech is not permitted to you how great a friend you have been to the Laws and the Liberties of the people let England and all the world judge King Sir By your leave I have alwayes loved the Liberty the Immunities and Laws of the subjects If I have defended my self by Arms I have not taken them up against the people but for them President You must obey the Decree of the Court you give no answer to the Charge against you King Well Sir And so was he brought to the House of Sir Robert Cotton and the Court was adjourned to the Painted Chamber untill Wednesday following at twelve of the clock at what houre they intended to adjourn again to Westminster-hall where all whom it doth concern are commanded to be present The third dayes proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe Cryer according to the Custome having with his Oyes commanded silence and attention the King being sate Mr. Atturney Generall turning to the Lord President spake in these words May it please your Lordship This is now the third time that by the great grace and favour of this High Court the prisoner hath been brought to the Bar and yet by reason of his refusall to put in his Answer there is yet no issue joyned in the cause My Lord I did at the first exhibit a Charge against him containing the highest practices of Treason that were ever wrought on the Theater of England That a King of England trusted to keep the Lawes of England and who had taken an Oath so to do and had tribute paid him for that end should be guilty of so wicked a design as to subvert our Laws and introduce an arbitrary and tyrannicall Government and set up his Standard of Warre against his Parliament and his people and I did humbly pray in the behalf of the people of England that he might speedily be required to make an answer to his charge But my Lord instead of making an answer he did then dispute the Authority of this Tribunal and your Lordship being pleased to give him a further day to put in his answer which was yesterday I did move again that he might be required to put in a direct and positive answer to his charge either by
a fine according as his Majesty shall impose upon them c. 19. That all such as are acquitted so it be by those that have authority to acquit them remain and stand in such a condition as they are put into and that all that have paid their Fines shall not be responsible for dammages and trespasses committed by them upon those against whom they fought in the time of the late troubles but that all dammages and trespasses be forgiven on both sides provided that the Church may have her dues 20. That because it may be of dangerous consequence that any Castles should remain in the power of those who were in actuall Rebellion against the King We therefore decree and ordain that for the Castles of Hardley Bytham and Chertley there be given a reasonable exchange 21. As for the Earl Simon Monfort his Countesse and his sons we decree nothing because our Soveraign Lord the King hath referred them and their offences to the King of France 22. As for the City of London taking notice it seems of their humble Submission we commend it and do make this motion to our Soveraign Lord the King that by the advise of his Privy Councel he take order for reforming the state of the City and settle their Lands Revenues Buildings and Liberties and that this Order be presently debated 23. For the L Ferrers we decree that he be fined seven years revenues of all his estate 24. That all that now keep Killingworth Castle be pardoned except Henry Hastings and those that had any hand in cutting off the Kings Messengers hand all which shall be Fined seven years revenues of all their estates or else submit themselves to the Kings mercy 25. That all men whatsoever endeavour to keep the peace of the Kingdome that none presume to commit any outrages firings murders robberies or by any other means break the Peace Which if any shall be so hardy as not to observe and be thereof lawfully convicted let him have sentence according to the Laws of the Land 26. Item That all whom it may concern take their oaths upon the holy Gospel of God that they will never take any revenge be accessory or consenting to take any revenge nor will suffer as much as in them lies that any revenge should be taken against any one for any injury suffered in the late times of trouble and if any one shall presume to revenge himself We decree that punishment be inflicted upon him in the Kings Bench Court 27. That the Holy Church receive full satisfaction from those that have injured her 28. But if there be any that will not submit to this Ordinance or refuse to be tryed by their Peers before our Soveraign Lord the King let them forfeit their estates for ever And if there be any that have gotten possession of the Rebels Lands and were himself a Rebel he is thereby uncapable of challenging any right to the Land or to have any title to the fine by the Kings Majesties gift 29. Whosoever will not submit to this Ordinance let him be accounted a profest enemy to our Soveraign Lord the King and to his sons and to the whole Realm and let all the Laity and Clergie as far as the Canon Laws and Common Laws will reach prosecute such an one as an enemy to the Peace of Church and State 30. Lastly that all those that are imprisoned or any way debarred of their liberty upon reasonable and competent security shall have their inlargement by putting in Sureties or such other way as the King hath allowed Dated and set forth from the Camp before Kenelworth the last day of September * in the year of our Lord God 1266. and of the Reign of the most renowned King Henry the third 51. Thus endeth that famous Ordinance called to this day Dictum de Kenelworth wherein are comprised the wisest rules that the wisest men of those times could possibly devise to uphold compose and recover a tottering distracted dying Kingdome About two Moneths after the publication of this Ordinance viz. upon Saint Thomas Eve the Castle was delivered up upon conditions too good for those that had so barbarously used the Kings Messenger contemned the King and impoverished the Countrey to march away with their goods to undergo no Fine for taking up arms This Castle had the K. bestowed upon the Earl of Leicester in frank marriage with his sister Aelionor but when the Earl by his Rebellion had forfeited and the King had now won it he gave it to his own son Edmund Earl of Lancaster who by this time had reduced the Isle of Axholm and all those rude ignorant people that flockt thither pillaging and plundering the Kings friends round about The Prince also met with Adam Gurdon a famous sturdy Rebell that lay lurking in Aulton Wood in Hamshire robbing and spoiling the adjacent parts praeoipuè terras eorum qui parti Regiae adhaerebant the Prince upon his approach hearing of his valour sent him a challenge for a single Combate Gurdon accepts it and performed it so Gallantly that the Prince assured him of his life and estate if he would submit which he did and was received into great favour with the Prince but divers of his men were there executed But now the Isle of Ely was strongly fortified by a great multitude got together that refused to submit to the Ordinance of Kenelworth Upon the naturall strength of this Isle and the plenty of all provision therein seditious Rebels have often presumed and from hence have molested more Kings than one as they did now the neighbouring Counties robbing and pillaging Norfolk Suffolk and Cambridgeshire plundering the City of Norwich and carrying away the richest Citizens made them redeem themselves at length a Message was sent unto them requiring them to submit to the Ordinance of Killingworth to leave off robbing their fellow Subjects and to return to their allegeance Hereto they return this insolent answer that they had taken up arms to defend the good of Church and State and therefore ought to be restored to their lands without paying any Fine In brief they require Hostages into the Island and that they might hold it five years peaceably till they saw how the King would perform his promises perfidious Subjects ever suspect their Princes fidelity which high insolency of theirs unheard of till our times so exasperates the King that he resolves to try the utmost to reduce them to their obedience for that purpose marches with a mighty army against them the Prince also joyns with a considerable power after many assaults at length after they had held it above two years by the help of new made bridges and boats they stormed it on every side that they were forced to yield And now men thought that the fire was quite out But there were yet some live embers which the Earl of Glocester upon some distast blowing suddenly flamed out again in London where the Commons of
denying or confessing it but he was then pleased to debate the Jurisdiction of the Court although he was commanded to give a positive answer My Lord by reason of this great delay of Justice I shall humbly move for speedy judgement against him I may presse your Lordship upon the known Rules of the Laws of the Land that if a prisoner shall stand in contempt not plead guilty or not guilty to the charge given against him it by an implicite confession ought to be taken pro confesso as I may instance in divers who have deserved more favor than the prisoner at the Bar hath done But I shall presse upon the whole fact The House of Commons the Supream Authority of the Kingdome have declared my Lord that it is notorious The matter of the charge is true and clear as chrystall or as the Sun that shineth at Noon day in which my Lord President if your Lordship and the Court be not satisfied I have severall witnesses on the behalf of the people of England to produce and therefore I do humbly pray and not so much I as the innocent blood that hath been shed the cry whereof is great for Justice and Judgement that speedy judgement may be pronounced against the prisoner at the Bar. President Sir you have heard what hath been moved by Mr. Sollicitor on the behalf of the Kingdome against you Sir you may well remember and if you do not the Court cannot forget the delayes which you have made You have been pleased to propound some Questions and amply you have had your resolution on them you have been often told that the Court did affirm their own Jurisdiction and that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England from which there is no appeal and touching which there must be no dispute yet you did deport your self in that manner that you gave no obedience nor did acknowledge any Authority either in them or the Supream Court of Parliament that constituted this high Court of Justice Sir the Court gives you to understand that they are very sensible of these demurres and that being thus authorised by the High Court of England they ought not to be trifled withall especially seeing if they please they may take advantage of these delayes and according to the rules of Justice proceed and pronounce Judgement against you Neverthelesse they are so favourable as to give directions to me and therefore on their behalf I do require you to make a positive answer to this charge that hath been read against you Justice knows no respect of persons You are to give your positive and final Answer in plain English whether guilty or not guilty of the Treason laid to your charge The King having meditated a little did answer in these words When I was here yesterday I desired to speak for the Liberties of the people of England I desire yet to know whether without interruption I may speak freely or not President Sir on the like Question you had yesterday the resolution of this Court you were told that having a charge of so high a nature against you your work was to acknowledge the Jurisdiction of the Court to answer the charge after you have done that you shall be heard at large to make the defence you can for your self but Sir the Court commands me to make known unto you that you are not permitted to run into any other discourses untill such time that you have returned a positive Answer to the matter that is charged upon you King I value not the charge a rush It is the Liberty of the people of England that I stand for For me who am your King and should be an example to all the Courts in England to uphold Justice and maintain the old Laws for me I say to acknowledge a new Court that I never heard of before is a thing that I know not how to do You did speak very well on the first day I came hither concerning the obligations that I have laid upon me by God for the maintenance of the Liberties of my people I do acknowledge that I do ow the same obligations to God and my people to defend as much as in me lies the ancient Laws of the Kingdom therefore untill I be satisfied that this is not against the fundamentall Laws of the Kingdome I can put in no particulars to the Charge If you will give me time I will shew you my Reasons wherefore I cannot do it and Here being interrupted he said By your favour you ought not to interrupt me How I came here I do not know There is no Law to make your King your prisoner I was in a Treaty upon the publick faith of the Kingdome that was the known two Houses of Parliament that was the Representative of the Kingdome and when I had almost made an end of the Treaty I was hurried away and brought hither and therefore I would President Sir you must know the pleasure of the Court King By you favour Sir President Nay Sir by your favour you may not be permitted to run into these discourses you appear here as a Delinquent you have not acknowledged the Authority of the Court the Court once more doâ—h command you to give your positive Answer M. Broughton Do your Duty King Duty Sir M. Broughton reads Charls Stuart King of England you are accused in the 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 finall answer either by way of confession or by deniall of the Charge King Sir I say again unto you If therby I may give satisfaction to the people of England of the uprightness of my proceedings not by way of answer but to satisfie them that I have done nothing against that trust that hath been committed to me I would do it but to acknowledge a new Court against their priviledges to alter the Fundamentall Laws of the Kingdome you must excuse me if I shall refuse to do it President Sir This is the third time that you have publiquely disowned this Court and put an affront upon it How far you have preserved the priviledges of the People your actions have spoke And truly Sir If mens intentions can be known by their actions you have written your intentions in bloody Characters throughout the whole Kingdome But Sir you are to understand the pleasure of the Court Clerk Record the Default And Gentlemen you that are a guard to the Prisoner take him back again King I will onely adde this one word If it were onely my own particular I would not say any more nor interrupt you at all President Sir you have heard the pleasure of the Court and notwithstanding you will not understand it you are to finde that you are before a Court of Justice The King going forth Proclamation was made that all
appear very plainly to the Court that you have gone upon very erronious principles The kingdome hath felt it to their smart and it will be no comfort to you to think of it for sir you have been heard to let fall such language as if you had not been subject to the law or that the law had not been your superiour The Court is very sensible of it I hope so are all the understanding people of England That the law is your superiour you ought to have ruled according to the law you ought to have done so and your pretence hath been that you have done so But sir the question is who shall be the expositors of the law whether you and your party out of the Courts of Justice shall take upon you to expound the law Or whither the Courts of Justice shall be the expounders themselves nay this soveraign and high Court of Justice the Parliament of England who may be well be obliged to be the highest expounders of the law since they are the sole makers of it Sir for you to set your self with your single judgment or for those who adhear unto you to set themselves against the highest Court of Justice there is no law for it Sir as the law is your superior so truly there is something that is superiour to the law which is the Parent or Author of the law and that is the people of England For as they are those who at first as other countries have done did chose unto themselves this form of Government that justice might be administred and the peace preserved so they gave laws unto their Governours according to which they were to govern and if those laws should have proved inconvenient or prejudiciall to the publick they had a power in them reserved to themselves to alter as they should finde cause It is very true what some of your side have alledged Rex non habet parem in regno This Court will affirm the same in some sense that whilest King you have not your peer for you are major singulis but they will aver again that you are minor universis and the same Author tells you that in exhibitione juris you have no power but they are quasi minimus This we know to be law Rex habet superiorem Deum legem etiam Curiam and so sayes the same Author and he makes bold to proceed further Debent ei fraenum ponere they ought to bridle him We know very well the stories of old we cannot be ignorant of those wars that were called the Barons wars when the Nobility of the land did stand out for the liberty and the propriety of the subject and would not suffer the Kings that did invade their liberties to play the tyrants but did call them to an account for it and did fraenum ponere But sir If the Nobility of the land do forbear to do their duty now and are not so mindfull of their own honour and the kingdoms good as the Barons of England of old have been certainly the Commons of England will not be unmindfull of what is requisite for their preservation and their safety Justitiae fruendi causa Reges constituti sunt By this we learn that the end of having Kings or Governours is for their enjoying of justice that is the end Now sir If the King will go contrary to that end or if any governour will go contrary to the end of his government he must understand that he is but an Officer in trust and that he ought to discharge that trust and order is to be taken for the animadversion and punishment of such an offending Governour Sir This is not a law of yesterday since the time of the division betwixt you and the Parliament but it is a law of old And we know very well both the Authors and the Authorities that acquaint us what the law was in that point on the election of Kings when they took their Oath to be true unto the people and if they did not observe it there were those remedies instituted which are called Parliaments The Parliaments were they that were to adjudge the very words of the Authors the plainenesse and wrongs done by the King and Queen or by their children such wrongs especially when the people could have no where else a remedy Sir this is the Case of the people of England they could not have their remedy else where but in Parliament Sir Parliaments were instituted for that intent it was their main end that the grievances of the people might be redressed and truly if the Kings of England had been rightly mindfull of themselves they were never more in Majesty or State than in the time of the Parliament but how forgetfull some have been Histories have informed us and we our selves have a miserable a lamentable and a sad experience of it Sir by the old Laws of England I speak these things the rather to you because you were pleased to affirm the other day that you thought you had as much knowledge in the law as most Gentlemen of England It is very well Sir and truly sir it is very fit for the Gentlemen of England to understand the laws under which they must live and by which they must be governed And then Sir the scripture saies they that know their Masters will and do it not you know what follows the law is your Master the acts of Parliament the Parliaments were antiently to be kept twice in the year as we finde in our old Author that the Subject upon any occasion might have a remedy and a redresse for his grievance Afterwards by several acts of parliament in the dayes of your Predecessor Edward the third they were to be but once a year What the Intermission of parliaments in your times hath produced is very well known and the sad consequences of it as also what in the interim instead of parliaments there hath been by you by a high and arbitrary hand introduced upon the people But when God by his providence had so farre brought it about that you could no longer decline the calling of a parliament a parliament was called where it may appear what your ends were against your antient and native Kingdom of Scotland but this parliament of England not serving your turn against them you were pleased to dissolve it Not long after another great necessity occasioned the calling of this parliament and what your Designs and Indeavours all along have been for the crushing and confounding of it hath been most notorious to the whol kingdom And truly Sir in that you did strike at all It had been a sure way to have brought about that which this Charge doth lay upon you your intention to subvert the fundamental laws of the land for the great Bulwarks of the peoples liberty is the parliament of England and to subvert and root up that which your aim hath been to do would certainly at one blow have confounded
William Gray Ol. Cromwell L. G. Comissary Gen. Ireton Sir Hardres Waller Colonel Harrison Colonel Haley Colonel Pride Col. Ewer Lord Gray of Groby Sir John Danvers S. Thomas Malleneret Sir John Bourchier William Heavningham Alderman Pennington Henry Martin Col. Purefoy Col. Berkstead Col. Thomlinson Mr. Blakston Mr. Millington Sir Gregory Norton Col. Harvey Col. Ven. Mr. Scot Alderman Andrews Mr. Cawley Mr. Burrel Col. Stapeley Col. Domnes Mr. Norton L.S. Hammon Mr. Love Mr. Potter Mr. Garland Sir William Constable Col. Ludlow Col. Hutchinson Sir Miles Livesey Mr. Dixwell Colonel Fleetwood of Bucks. Mr. Main Jacob Temple Mr. Blagrave Col. White Col. Titchburn Col. Rout. Col. Scroop Col. Lilburn Col. Dean Col. Okey Col. Hewsen L. Col. Goff Cornelius Holland Mr. Carew John Joanes Miles Corbet Mr. Allen Peregrine Pelham Col. Moors Mr. Eldicer Mr. Smith Mr. Edwards Mr. Clement Col. Wogan c. His Majesties Reasons Against the pretended Jurisdiction of the High Court of Justice which he had intended to have given there on Monday Jan. 22. 1649. Faithfully transcribed from the originall Copy of the King SInce I have already made my Protestation not onely against the illegality of this pretended Court but that no power on earth can justly call me who am your King into question as a Delinquent I would no longer have opened my mouth on this Argument but have referred my self to those things which I then spoke if this onely concerned my own particular But the duty which I ow to God to preserve the true liberty of my people doth not permit me at this time I should be silent for how can any free born Subject of England call his life or any thing he doth possess his own if power without law can daily make new and abrogate the old and Fundamental Laws of this Land which I judge to be the present case Wherefore when I was brought hither I expected that you would have studied to satisfy me in these Fundamentalls which do hinder me from putting in my Answer to the pretended charge but since I do observe that nothing which I can alledge can perswade you to it although negatives are not so naturally proved as affirmatives yet I have thought good to declare unto you the Reasons for which I am confident you are not in a capacity to judge me nor the vilest man in England for without showing my Reasons I will not as you be so unreasonably importunate as to exact either belief or obedience from my Subjects Here was I restrained and not suffered to speak any more of Reasons there is no just processe against any man which deriveth not its authority either from the Law of God or from the municipall Laws of the Land Now I am most sure that the Processe at this day made against me cannot be confirmed by the law of God for on the contrary the necessity of obedience is clearly confirmed and streightly commanded in the old and new Testament which if it be denyed I am prepared presently to prove it and as for the question now in agitation it is said there Where the word of a King is there is power and who can say unto him what doest thou Eccles. 8. v. 4. Then as to the laws of the land I am as confident that no learned lawyer will affirm that any charge can be brought against the King since they all go forth under his name and it is one of their axioms that the King can not do an injury Moreover the law on which you do ground your processe is either old or new if it be old shew that law unto me if it be new tell me what Authority established by the Fundamentall laws of this land did give it birth and when but how the House of Commons can erect a Tribunall of Justice which was never one it self as all lawyers will confesse with me I leave it to God and to the world to judge and it will seem most strange to any who ever have heard of the laws of England how they can pretend to make laws without either the King or the House of Peeres Neverthelesse it be admitted but not granted that a commission from the people of England is able to confirm your pretended power yet I see nothing that you can show for it for I am confident that you never asked that questiō of the 10th man in the kingdom in this method you do a most apparent injury even to the poorest ploughman if you ask not his consent neither can you pretend any colour to this your pretended Commission if you have not the concurring voyces of at least the greatest part of this Nation of every degree and quality which you are so far from obtaining that I am confident you never so much as sought it You see then that I do not onely speak for my own Right as I am your King but also for the true liberty of all my subjects which consisteth not in dividing the power of Government but in living under such laws and such a Government as may grant them the best security of their lives and the propriety of their goods In this I ought not to be forgetfull neither do I forget the priviledges of both Houses of parliament which these proceedings do not onely violate but give an occasion of the greatest breaking of the publick faith and such I believe as the like was never heard of before with which I will not at all charge both Houses for the pretended crimes which they impose upon me are far before the Treaty at Newport in which when I assented to and did conclude as much as possibly lay in my power and did justly expect the assent of both Houses I was suddenly taken from thence and carried away as a prisoner and against my will I was hurried hither and since I came to this court I cannot with all my Indeavours defend the ancient laws and liberties of this Kingdome together with my just priviledges and as much as I can possibly discern the upper House which is the House of Lords is totally excluded And as for the House of Commons it is too much known that the greater part of them are either imprisoned or affrighted from sitting so that if I had no other Cause this was sufficient enough to make me to protest against the authority of your pretended tribunall Besides all these things the peace of the Kingdome is not the least part of my cares and what hope can there be of establishing it as long as power reigneth without the Rule of the Law changing the whole frame of the Government under which this Kingdome hath flourished these many ages neither will I speak what is likely to follow if these unlawfull proceedings shall yet continue against me for I believe the Commons of England will give you no thanks for this change especially when they shall call into their minds how happily they heretofore have lived in the Reigns of Queen Elisabeth and of the
to know his gracious pleasure what Fine he would demand of the whole City for their offences against him The King at length signified unto them that the summe of fifty thousand Marks should be their Fine Whereto the Londoners return this humble answer They had been of late by this unhappy War so exceeding impoverished that a summe so great as it was in those times could not possibly be raised amongst them wherfore they humbly beseeched his Princely compassion might be so far extended towards them as to require and accept according to their abilities At length after much suit and submission and a Fine of twenty thousand Marks the King received them to mercy and sent them under his great Seal a generall Pardon those onely excepted whose Estates were already bestowed granting and allowing that their former Charter ancient Priviledges should be restored unto them notwithstanding all the transgressions they are the words of the Pardon and Trespasses done to us to our Queen to our noble brother Richard King of Almain and the Prince our first begotten sonne And here was the first pacification betwixt the King and the Londoners for whom we say thus much That their foul Rebellion against their Soveraigne was not more detestable than their humble submission to their Soveraign was commendable And therefore in the Ordinance called Dictum de Kenelworth made for the settling of the Kingdome we find them notwithstanding all their disloyalty commended as shall be seen in the ensuing Story After the proud stomack of this City was brought down and all tumultuous spirits quelled the King calls his Parliament in festo sancti Edvardi Regis to Westminster wherein those that aided and assisted the Earl were all excepting the Londoners attainted and that all their Lands and Goods were forfeited But this sentence though it was lesse than they deserved yet was more than they would endure and therefore the fire that was not yet quencht but smothered breaks forth again Some flie into the Isle of Ely and fortifie that Some into the Isle of Axholm in Lincolnshire Another party possesse themselves of Killingworth Castle Another under the command of the Lord Ferrers in the Northern parts And amongst others one Adam Gurdon lived as an Outlaw in Hampshire a tum rarus aut nullus locus in Anglia fuit tutus eò quod terra erat vespilionibus plena Now scarce any place in England free from plunderers To reduce these to obedience the King undertakes Killingworth Castle The Prince was sent against Adam Gurdon Lord Edmond the Prince's brother against those in Axholm and Lord Henry King of Almains sonne against the Lord b Ferrers To the Rebells in Killingworth Castle the King sent first a gracious Message willing them to desist and to return to their obedience But they contrary to all Law of Arms contrary to natural civility cut off the Messengers hand and sent him back with an uncivil answer Then the King marcht to Killingworth and sate down before it upon Midsummer Eve During the siege which lasted six moneths Clerus populus convocantur duodecim eliguntur de potentioribus Procerum prudentioribus Praelatorum quibus datur potestas ordinandi super Statutum exhaeredatorum c. The Clergie and Laity are assembled and out of the chiefest of the Peerage and wisest of the Prelates were chosen twelve to whom power was given to pronounce sentence against the Rebels and to settle the Peace of the Kingdome they first taking an Oath de utilibus ordinandis to decree nothing but what should be for the good of the common weale Then the people take a solemn oath Quod dictum ipsorum inviolabiliter observarent that they would stand to their Decree which to this day by our Lawyers is called Dictum de Kenelworth a severe yet a good and wholsom course without effusion of blood to punish Rebellious Subjects The Decree was as followeth In nomine sanctae individuae Trinitatis Amen Ad honorem gloriam Omnipotentis Dei Patris filii Spiritus sancti c. Et ad honorem bonum prosperum pacificum statū Christianissimi I rincipis Domini Henrici Regis Angliae illustris totius Angliae Ecclesiae Nos Wilielmus c. In English thus In the name of the holy and individuall Trinity Amen For the honor and glory of Almighty God the Father Son and holy Ghost c. And for the honour prosperity and peace of the most Christian Prince our Soveraign Lord Henry the most Renowned King of England and of the whole Church of England We William Exon William Bath and Wells Henry Worcester and T. S. Davids Bishops Gilbert de Clare Earl of Glocester Humphrey Earl of Hereford Philip Basset John Bailof Robert Wallop Alan de la Souch Roger de Somerie and Warren de Basinghorn providing for the welfare of the Land c have thought fit to order as followeth 1. That the rebels be not wholly deprived of their estates but shall have liberty to redeem their lands by Fines in manner following 1. That those that were in the fight at Chester-field against our Soveraign Lord the King Item All those that by force of arms impiously kept Northampton against the King Item Those that gave the King battel at Lewes Item Those that were taken prisoners at Kenelworth Item Those that came to pillage Winchester or were elsewhere against the King whom the King hath not pardoned Item Those that gave the King battel at Evesham Item All those that freely and voluntarily and without any compulsion have contributed to the War against the K. or Prince Item The Officers and servants of the Earl of Leicester that pillaged their neighbours or were the cause of any murders firings or other enormities that all these be fined five years Revenues of all their Estates respectively and that if they pay down their Fines presently they may enjoy their Lands presently but if the land must be sold for the payment of the Fine he on whom the King bestowed it shall have the refusal if he will give as much as any other And if the originall owner will pay down the whole Fine he shall have the whole Land and likewise if he will pay the moity or third part he shall have the moity or thirds of the Land And if at the end and term appointed the owner doth not pay for the other moity it shall be clearly theirs on whom the King was pleased to bestow it And assoon as any one hath paid down his whole Fine such shall have liberty to let or set or sell his land within the prefixed time Those that have Woods and would willingly make sale of them for the payment of their Fines He on whom the King bestowed and the originall owner shall have each one his Bailiffe to see it sold and those two Bailiffes shall as fast as the money is made pay it to whom the Fine
The Full Proceedings OF THE High Court of Iustice against King CHARLES In Westminster Hall on Saturday the 20. of January 1648. Together With the Kings Reasons and Speeches and his Deportment on the Scaffold before his Execution Translated out of the Latine by J. C. Hereunto is added A Parallel of the late Wars being a Relation of the five years Civill Wars of King Henry the 3d. with the Event of that unnatural War and by what means the Kingdome was settled again London Printed for William Shears at the Bible in St. Pauls Church-yard 1654. The First Dayes Proceeding of the High Court of Justice c. THe Triall and the Execution of the last King of England being still as much the wonder as the discourse of Christendome I shall indeavour to represent it to you with the exactest faithfulness that can possibly be desired and although others have gone before me on the same subject by the benefit of time I doubt not but that I shall exceed them by the advantage of truth In the Supream Tribunal of Justice sitting at Whitehall in Westminster Serjeant Bradshaw being President and about seventy other persons elected to be his Judges being present the Cryer of the Court having Proclaimed his Oyes to invite the people to attention silence was commanded and the Ordinance of the Commons in Parliament in reference to the Examination of the King was read and the Court was summoned all the Members thereof arising as they were called The King came into the Court his head covered Serjeant Dendy being remarkable by the Authority of his Mace did Usher him in Colonel Hatcher and about thirty Officers and Gentlemen did attend him as his Guard The Court being sat the Lord President Bradshaw spake thus unto him Charls Stuart King of England the Commons of England assembled in Parliament being touched with the sense of the Calamities which have happened to this Nation and of the innocent bloud spilt of which you are accused to be the Author have both according to their office which they ow unto God this Nation and themselves according to the power and fundamentall faith intrusted with them by the people Constituted this supream Court of Justice before which you are now brought to hear your Charge on which this Court will proceed Mr. Cook the Sollicitor Generall Sir In the Name of the Commons of England and of all the people thereof I do charge Charls Stuart here present as guilty of Treason and other great defaults and in the name of the Commons of England I require that his charge may be read unto him The King Stay a little L. President Sir The Court hath given order that the Charge shall be read If you have any thing afterwards to plead for your self you may be heard Hereupon the Charge was read THat the said Charls Stuart being admitted King of England and therein trusted with a limitted Power to govern by and according to the laws of the Land 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 neverthelesse out of a wicked Designe to erect and uphold in himself an unlimitted 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 therof and of all redress and remedy of misgovernment which by the fundamental constitutions of this kingdome were reserved on the peoples behalf in the right and power of frequent and successive Parliaments or nationall meetings in Councel he the said Charls Stuart for accomplishment of such his designes and for the protecting of himself and his adherents in his and their wicked practises to the same ends hath traiterously and maliciously leavied war against the present parliament and the people therein represented Particularly upon or about the thirtieth day of June in the year of our Lord One thousand six hundred fourty and two at Beverly in the County of York and upon or about the 30th 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 also on or about the twenty third day of October in the same year at Edg-hill and Keinton-field in the Coun-of Warwick and upon or about the thirtieth day of November in the same year at Brainchford in the County of Middlesex And upon or about the thirtieth day of August in the year of our Lord One thousand six hundred fourty 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 neer the City of Glocester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks And upon or about the one and thirtieth day of July in the year of our Lord One thousand six hundred fourty four at Cropredybridge in the County of Oxon And upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places neer adjacent in the County of Cornwall And upon or about the thirtieth day of November in the year last mentioned at Newbery aforesaid And upon or about the eighth day of June in the year of our Lord One thousand six hundred fourty 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 severall times and places or most of them and at many other places in the land at severall other times within the years aforementioned And in the year of our Lord One thousand six hundred fourty and six he the said Charls 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 Forraign parts endevoured and procured by him and by many other evill wayes and means He the said Charls Stuart hath not onely maintained and carried on the said War both by land and sea during the year before mentioned but also hath renewed or caused to be renewed the said war against the Parliament and good people of this Nation in this present year One thousand six hundred fourty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other Counties places in England Wales and also by sea and particularly he the said Charls Stuart hath for that purpose given Commission to his Son the prince and others whereby besides multitudes of other persons many such as were by the parliament intrusted and imployed for the safety of the nation being by him and his agents corrupted to the betraying of
the world in this one particular Give me leave to acquaint you that it is a thing of no small importance which you go about I am sworn to keep the peace according to the duty which I do ow to God and to my Land and I will here perform it to the last breath of my Body you shall therefore do wel first to satisfie God and afterwards the Land by what Authority you do this If you do it by an usurped Authority you cannot defend it God who sitteth in the Heavens will call you and all those who have conferred this power on you to give him an account of it Satisfie me in this and I shall answer you for otherwise I should betray the Faith committed to me and the liberties of my people Wherefore consider of it and I shall be willing to answer you For I do professe it is as great a sin to resist a lawfull Authority as to submit unto a Tyrannicall or any other unlawfull Authority wherefore resolve me in this particular and you shall receive my Answer L. President The Court expecteth that you should give them a finall Answer and will adjourn untill Munday next If you cannot satisfie your self although we tell you our authority our authority will satisfie our selves And it is according to the authority of God and the Kingdome and the peace of which you speak shall be preserved in the administration of Justice and that is our present work King I give you this for my answer you have not shown me any lawfull authority which may satisfie any reasonable man L. President It is onely your apprehension we are fully satisfied who are your Judges King It is not my apprehension nor yours which ought to determin this L. President The Court hath heard you and disposed of you accordingly as their discretions have thought expedient The Court adjourneth to the Painted chamber untill Munday at ten of the clock in the morn-ning and from thence hither Some thing that was ominous ought not to be passed by in silence when the Charge was read against the King the silver head of his staff did fall off which he much did wonder at and observing no man so officious to assist him he stooping towards the ground did take it up himself As the King returned looking on the Court he said I fear not thee meaning the sword As he came down the stayres the people who were in the Hall cryed out some of them God save the King but the greater part Justice Justice The second dayes proceeding against the King January 22. c. THe Cryer having thrice pronounced his Oyes and silence cōmanded after that the Judges were called and every one did particularly answer to his Name Silence was again commanded under pain of imprisonment and the Captain of the Guards was ordered to apprehend any that should endeavour to make a tumult At the comming of the King into the Court there was a great shout and the Court commanded the Captain of the Guards to apprehend and imprison those who should make either a noise or tumult The Court being sat the Sollicitor turning to the President said May it please your Lordship my Lord President In the former Court on Saturday in the Name of the Commons of England I exhibited and offered to this Tribunal the charge of high Treasons and other grievous crimes against the Prisoner with which I did charge him In the Name of the People of England and his charge was read and his Answer demanded My Lord It pleased him at that time to return no answer at all but instead of answering he questioned the Authority of the High Court My most humble motion to this High Court in the Name of the People of the Kingdome of England is that the Prisoner may be compelled to give a positive answer either by way of Confession or Negation which if he shall refuse that the subject of his Charge may be taken for granted and the Court proceed according to Justice L. President Sir you may remember that on the last convention of this Court the cause was expounded to you for which you were brought hither and you heard the charge against you read it being a charge of High Treason and other grievous crimes against the Kingdom of England you heard likewise that it was required in the name of the people that you should answer to your charge that there should be a proceeding thereon as should be agreeable unto Justice you were then pleased to move some scruples concerning the authority of this Court and you desired to be satisfied in your knowledge by what authority you were brought hither you severall times did propound your questions and it was often answered to you that it was by authority of the commons of England Assembled in Parliament who did judge it requisite to call you to an account for the great and grievous crimes of which you are accused After that the Court did take into their serious consideration those things which you objected and they are fully satisfied in their authoritie and do conceive it requisite that you should admit it they therefore require that you give a positive and a particular Answer to the charge exhibited against you they do expect that you should either confesse it or deny it If you shall deny it it will be proved in the behalf of the Kingdome the whole World doth approve of their Authority So that the kingdome is satisfied and you ought thereby to be satisfied your self you ought not therefore to waste time but to give your positive answer King It is true that when I was last here I moved that question and indeed if it were onely my businesse in particular I should have satisfied my self with that protestation which I then interposed against the lawfulnesse of this Court and that a King cannot be judged by any superiour jurisdiction on earth but my own interests are not onely involved in it but the liberties also of the people of England and pretend what you will I doe indeavour more for their liberties then any whatsoever For if Power without laws can make laws and change the Fundamentall laws of the Kingdome I know not what subject in England can be secure of his life or of any thing which he doth call his own Wherefore when I came hither I expected particular reasons that I might understand by what law and what Authority you would proceed against me I should then perceive what most especially I have to say unto you for the affirmative is to be proved which seldome the Negative is capable of but because I cannot perswade you thus I will give you my Reasons as briefly as I can The Reasons for which in conscience and duty which I ow first unto God and afterwards to my people for the preservation of their lives their liberties and their fortunes I believe I cannot answer until I am satisfied of your legality of it All proceedings against any
the liberties and the properties of England Truly Sir It makes me to call to minde I cannot forbear to expresse it for sir we must deale plainly with you according to the merits of your Cause for so is our Commission It makes me I say to call to mind what I have read of a great Roman Emperor a great Roman Tyrant I may call him Caligula by name who wished that the people of Rome had but one neck that at one blow he might cut it off Your proceedings have been something like to this the people of England have been and are no where else to be represented but in parliament and could you have but confounded that you had at one blow cut off the neck of England But God hath reserved better things for us and hath been pleased to break your forces and to overthrow your designes and to bring your person into custody that you might be answerable unto justice Sir we know very well that it is a question which hath been much pressed by your side By what presidents we shall proceed Truly sir for presidents I shall not at this present make any long discourse on that subject howsoever I shall acquaint them that it is no new thing to cite presidents all most out of all Nations where the people when power hath been in their hands have not sticked to call their Kings to an account and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people I will not waste time to mention France or Spain or the Empire of Germany or any other country Volumnes may be written of it But truly sir that president of the kingdom of Arragon hath by some of us been thought upon The justice of Arragon is as a man tanquam in medio positus it is placed between the people of that country and the king of Spain so that if wrong be done by the King of Arragon the justice of Arragon hath power to reform that wrong and he is acknowledged the Kings superiour and bring the grand prisoner of the priviledges and liberties of the people he hath prosecuted against the Kings for their misgovernment Sir What the Tribunes were heretofore to Rome and what the Ephori were to the State of Lacedemon we sufficiently know they were as the parliament of England to the English State and though Rome seemed to have lost her liberty when once the Emperours were constituted yet you shall finde some exemplar Acts of justice even done by the Senate of Rome on the great Tyrant of his time Nero who was by them condemned and adjudged unto death But why Sir should I make mention of these Forreign Histories and Examples unto you If we shall look but over the Tweede we shall finde examples enough in your native Kingdome of Scotland If we look on your first king Forgusius he was an elective King he died and left two sons both in their minority The elder brother afterwards giving small hopes to the people that he would govern them well so because he endeavoured to have supplant his Uncle who was chosen by the people to govern them in his minority he was rejected by the people for it and the younger brother was chosen c. Sir I will not take upon me to expresse what your Histories do at large declare you know very well that you are the hundred and nineth King of Scotland to mention all the Kings which the people of that kingdome according to their power and priviledge have made bold to deale withall either to banish imprison or put to death would be too long a story for this time and place Reges say your own Authors we created Kings at first Leges c. we imposed Laws upon them and as they were chosen by the Suffrages of the people at the first so upon the same occasion by the same Suffrages they may be taken down again and of this I may be bold to say that no Kingdome in the world hath yielded a more plentifull experience than your native Kingdome of Scotland on the deposition and the punishment of their transgressing Kings I need not go far for an Example your Grandmother was set aside and your father an Infant crown'd This State hath done the like in England The Parliament and people of England have made bold to call their King to an account therein frequent Examples of it in the Saxons time the time before the Conquest and since the Conquest there have not wanted some presidents King Edward the second King Richard the second were so dealt with by the Parliament and were both deposed and deprived and truly Sir whosoever shall look into their stories shall not find the Articles that are charged upon them to come near to the height and the Capitalnesse of the crimes that are laid to your charge nothing near Sir you were pleased the other day to alledge your Descent and I did not contradict it but take all together if you go higher than the Conquest you shall find that for almost a thousand years these things have been and if you come down since the Conquest you are the four and twentieth King from William called the Conquerour and you shall find one half of them to come meerely from the State and not meerely upon the point of Descent This were easie to be instanced The time must not be lost that way I shall onely represent what a grave and learned Judge said in his time who was well known unto you the words are since printed for posterity That although there were such a thing as a Descent many times yet the Kings of England ever held the greatest assurance of their Titles when it was declared by Parliament And Sir your Oath and the manner of your Coronation doth planly shew that the Kings of England although its true by the Law the next person in bloud is designed yet if there were a just cause to refuse him the people of England might do it For there is a Contract and a bargain made betwixt the King and his people and your Oath is taken and certainly Sir the Bond is reciprocall for as you are Liege Lord so are they Liege Subjects and we know very well that Legantis est duplex the one is a Bond of perfection that is due from the Soveraign the other is a Bond of Subjection which is due from the Subject for if this Bond be once broken farewell Soveraignty Subjectio trahit c. These things may not be denyed for I speak it the rather and I pray God it may work upon your heart that you may be sensible of your miscarriages for whether you have been as you ought to be a Protector of England or a destroyer of England let all England judge or all the world that hath beheld it and though Sir you have it by inheritance in the way that is spoken of yet it cannot be denyed but
your Office is an Office of Trust and indeed an Office of the highest Trust that can be lodged in any single person For as you were the grand Administrator of Justice and others were but as your delegates to see it executed through your Dominions If your great Office were to do Justice preserve your people from wrong if instead of executing Justice you will be the grand and publick disturber of the peace surely this is contrary to your Office and your Trust Now Sir if it be an office of inheritance as you speak of your Title by descent let all men understand that great Offices are seizable and forfeitable as if you had it but for a year or for your life It will therefore much concern you to take into your serious consideration your great miscarriages in this nature Truly Sir I shall not in this place undertake to give you the particulars of the many miscarriages of your Reign whatsoever they have been they are notoriously known It had been happy for the Kingdome and for your self also if they had not been so much known and so much felt as they are every where complained on and reported Sir that we are now upon by the command of the highest Court hath been and is to bring you to your Triall and to judge you for these great offences of yours Sir the Charge hath called you Tyrant a Traytor a murtherer and a publick enemy to the Common wealth Sir it had been well if these terms might rightly and justly have been omitted nay if any one of them all King Ha! President Truly we have been told Rex est qui bene regit Tyrannus qui populum opprimit and if that be the definition of a Tyrant then see if you come short of it in your Actions and whether not the highest Tyrant by that way of arbitrary Government which you sought to introduce and were putting upon the people Examine with your self if that were not as high an act of Tyranny as any of your predecessours were guilty of yea many degrees beyond it Sir the Term Traytor cannot be spared we shall easily conclude that it doth enforce and denote a breach of Trust and it must be supposed to be done by a superior and therefore as the people of England might have encurred that term if they had been truly guilty of it as to the definition of the Law so on the other side when you did break your Trust to the Kingdome you did break your Trust to your superior For the Kingdome is that for which you were trusted And therefore when you are called to an account for this breach of trust you are called to account by your superior Minimus Majorem in judicium vocat And Sir the people of England cannot be so wanting to themselves whom God hath dealt so miraculously and gloriously for they having both power and their great enemy in their hand but they must proceed to Justice to themselves and to you For Sir the Court could heartily desire that you would lay your hand upon your heart and consider what you have done amisse and that you would endeavour to make your peace with God Truly Sir These are too high Crimes Tyranny and Treason There is a third if those two had not been and that is murther which is laid to your charge also All the bloody murders that have been committed since the Division betwixt you and your people must be laid to your charge Sir It is a hainous and a crying sinne and truly Sir If any man will ask us what punishment is due unto a murtherer let Gods law let mans speak I will presume you are so well read in the holy Scripture as that you know what God himself hath said concerning the shedding of mans blood Gen. 9. and Numb. 35. will tell you what the punishment is and this Court in the behalf of the Kingdom are sensible of that innocent blood that hath been shed the land indeed stands still defiled with that bloud and as the Text hath it It can no way be cleansed but by the shedding of the blood of him who shed that blood Sir We know no dispensation from this blood in the Commandement Thou shalt do no Murther we do not know but that it extends to Kings as well as to the meanest peasants the meanest of the people the Command is universall Sir Gods law forbids it mans law forbids it nor do we know that there is any manner of execution not even in mans laws for the punishment of Murther in you T is true that in the Case of Kings every private hand is not to put forth its self to this work for their reformatian or punishment but the people represented having power in their hands were there but one willfull Act of murder by you committed have power to convent you and to punish you for it The weight Sir then lying upon you in all these respects that have been spoken for your Tyranny Treason Breach of Trust and the murders that have been committed surely it should drive you into a sad consideration concerning your eternall estate I know it cannot be acceptable to you to hear any such things as these mentioned from this Court for so do we call our selves and justifie our selves to be a Court and a High Court of Justice authorized by the highest and solemnest Court of the Kingdome as hath been often already said And although you have indeavored what lay in you to discourt us yet we do take knowledge of our selves to be such a Court as can administer justice to you as we are bound in duty to it Sir All I shall say before the reading of the Sentence is but this The Court doth heartily desire that you will seriously consider of those Evils that you stand guilty of You said well the other day you wished us to have God before our eyes Truly Sir I hope all of us have so that God whom we acknowledge to be King of Kings and Lord of Lords that God with whom there is no respect of persons that God who is the avenger of Innocent blood that God have we before our eys that God who bestows a Curse upon them who in the case of guilty malefactors that deserve death do withhold their hands from shedding of blood Sir That God we have before our eyes and were it not that the Conscience of our duty hath called us into this place and this imployment you should have had no appearance of a Court here But sir we must preferre our respect unto God and to the Kingdome above any respect whatsoever and although at this present many of us if not all of us are severely threatned by some of your party what they intend to do yet we do here declare that we shall not decline or forbear the doing of our Duty in the administration of Justice even to your self and that according to the merit of your offence although God should permit
King my Father and in my own Reign before the beginning of these unhappy tumults and they will have a just cause to doubt if they shall be so happy in any new Government In that time it will most evidently appear that I onely took up Arms to defend the Fundamentall Laws of this Kingdome against those who opposed my power and totally would have subverted the ancient Government Having so briefly declared my Reasons to you for which I could not submit to your pretended Authority without violation of the Trust which God hath committed to me for the safety and liberty of my people I expect from you either clearer Reasons to convince my Judgement by demonstrating to me that I am in an Error and then surely I shall be ready to give you an Answer or else that you suspend your present proceedings This I had determined to have spoken in Westminster Hall on Monday the two and twentieth of January but against Reason I was prohibited to pronounce my Reasons In the year 1648. English style 1649. vulgar style The End The Speech of King Charls upon the Scaffold at the gate of White Hall immediately before the execution January 30. ABout ten in the morning the King was brought from Saint Jameses Court he did walk on foot through the Park with a Regiment of Foot one half before him and the other behind him their Colours flying and their Drums beating his private guard of Partisan with some of his Gentlemen did go immediately bare headed before him and some part of them behind him but those who were next of all unto him behinde were Dr. Juxon and Colonel Thomlinson to the last of whom the care and charge of his Person was committed these two being barehead did talk with him all along the Park and as you go up the stairs into the Gallery and so into the Cabanet chamber where he used to lye in which place he continued at his Devotion and refused to dine because he that morning had taken the Sacrament onely about one hour before he came forth he drank a Glasse of Claret wine and did eat a crust of bread about twelve of the clock at Noon From thence he was accompanied by Doctor Juxon Col. Thomlinson and other Officers formerly appointed to be his Guard and with the private Guard of Partizans with musquetiers on either side through the banquetting house at the farther end on the outside whereof the Scaffold was erected near unto the Gate of White Hall The Scaffold was hung round with black and the floore was covered with black the ax and the Block laid on the middle of the Scaffold There were severall Companies of Foot and Troops of Horse placed on the one side of the Scaffold and the other and multitudes of people that thronged to see so rare a spectacle were very great The King was no sooner come upon the Scaffold but he looked very earnestly on the Block and asked Col. Hacker if there were no higher and then spake thus directing his speech chiefly to Colonel Thomlinson I Shall be very little heard by any of the people I shall therefore speak a word or two to you who are here Indeed I could hold my peace very well if I did not think that my silence would make some men think that I did submit to the guilt as well as to the punishment but I conceive it is my duty First unto God and afterwards to my Countrey to vindicate my self as an honest man a good King and a good Christian I shall begin first with my Innocency Introth I think it not very needfull for me to insist long upon this for all the world knows that I never did begin Warre with the two Houses of Parliament and I call God to witnesse to whom I must shortly make my account that I never did intend to incroach upon their priviledges they began with me It was the Militia they began upon they confessed that the Militia was mine but they thought it fit to have it from me and to be short if any man will look to the Dates of Commissions of their Commissions ormine and likewise to the Declarations will finde clearly that they began those unhappy troubles not I so that as for the guilt of these enormous crimes which are laid upon me I hope in God that God will clear me of them I am in charity I will not and God forbid that I should lay it upon the two-Houses of Parliament there is no necessity of either I hope they are free from the Guilt for I do believe that evill instruments between them and me have been the chief cause of all this bloodshed so that by way of speaking as I find my self clear of this I hope and I pray God that they may too yet for all this God forbid that I should be so ill a Christian as not to say that Gods judgements are just upon me Many times he does inflict Justice by an unjust Sentence this is ordinary I will onely say that an unjust Sentence * That I suffered to take effect is punished now by an unjust Sentence upon my self This is to shew you as I have said how far I am an innocent man Now for to show you that I am a good Christian I hope there is a good man * who will bear witnesse with me that I have forgiven all the world and even those in particular who have been the chief causers of my Death who they are God knows I do not desire to know I pray God forgive them But this is not all my Charity must go further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with Saint Stephen that this be not laid to their charge nay not onely so but that they may take the right way to the peace of the Kingdome for my charity commands me not onely to forgive particular men but my charity commands me to indevour to the last gasp the peace of the Kingdome This Sirs I do wish with all my Soul and I do hope there are some * who will carry it further that they may indeavour the peace of the Kingdome Now Sirs I must show you both how you are out of the way and I will put you into a way First you are out of the way for certainly all the way in which as yet you have gone as I could ever find out by any thing is in the way of conquest certainly this is an ill way for conquest Sirs in my opinion is never just except there be a good just cause either for matter of wrong or to defend a just Title and if in the prosecution of the quarrell you shall go beyond this it will make that unjust at the end which was just at the beginning But if it be onely matter of conquest therein it is a great robbery as a pirate said to Alexander that he was a great robber and that
he himself was but a petty robber and thus Sirs I do think that the way you are in is much out of the way Now Sirs for to put you in the way believe it you will never do right nor will God ever prosper you untill you give God his due and the King his due that is in their course of time my Successors and untill you give the people their due I am as much for them as any of you are You must give God his due by regulating aright his Church according to his Scripture your church is now out of order for to set you particularly in a way now I cannot but onely by a Synod of the whole Nation who being freely called and freely debating amongst themselves may by Gods blessing settle the Church when every opinion is freely and clearly discussed For the King indeed I will not much insist Then turning to a Gentleman whose cloak he observed to touch the edge of the Ax he said unto him Hurt not the Ax meaning by blunting the the edge thereof for that he said might hurt him Having made this short digression he proceeded For the King the laws of the land will clearly instruct you what you have to do but because it concerns my own particular I onely do give you but a touch of it As for the People truly I desire their liberty and freedome as much as any whosoever but I must tell you that their liberty and freedome consists in having of government by those laws by which their lives and their goods may be most their own It is not for them to have a share in Government that is nothing Sirs appertaining unto them A Subject and a Sovereign are clean different things and therefore untill that be done I mean untill the people be put into that liberty which I speak of certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an arbitrary power to have all laws changed according to the power of the sword I needed not to have come hither and therefore I tell you and I pray God that it be not laid to your charge that I am the martyr of the people In troth Sirs I shall not hold you much longer I shal onely say this unto you that in truth I could have desired some little longer time because I had a desire to put this that I have said into a little more order and to have a little better digested it than I have now done and therefore I hope you will excuse me I have delivered my conscience I pray God that you do take those courses that are most for the good of the Kingdome and your own salvations Doct. Juxon Will your Majesty although the affection of your Majesty to Religion is very well known yet to satisfie expectation be pleased to speak something for the satisfaction of the world King I thank you very heartily my Lord because I had almost forgotten it In troth Sirs my Conscience in Religion I think is already very well known to all the world and therefore I declare before you all that I die a Christian according to the profession of the Church of England as I found it left by my Father and this honest man * I think will witnesse it Then turning to the Officers he said Sirs excuse me for this same I have a good cause and I have a gratious God I will say no more Then turning to Colonel Hacker he said Take care they do not put me to pain and Sir this if it please you but then a Gentleman one Mr. Clerk comming neer the Ax the King said take heed of the Ax pray take heed of the Ax Then the King turning to the Executioner said I shall say but very short prayers and when I stretch forth my hands Then the King called to Doctor Juxon for his Night-cap and having put it on he said to the Executioner Will my hair trouble you who desired him to put it all under his Cap which the King did accordingly by the assistance of the Executioner and the Bishop the King then turning to Doctor Juxon said I have a good Cause and a gracious God on my side Doctor Juxon There is but one stage more This stage is turbulent indeed and troublesome but very short and which in an instant will lead you a most long way from earth to Heaven where you shall find great Joy and Solace King I go from a corruptible to an incorruptible Crown where can be no trouble none at all Doctor Juxon You shall exchange a temporall Crown for an eternall one it is a good change The King then said unto the Executioner Is my hair as it should be He then did put off his cloak and his George which he gave to Doctour Juxon saying Remember He immediately afterwards did put off his Doublet and did put on his cloak again and looking on the Block he said unto the Exkcutioner you should make it to be steddie Execut It is so King It might have been something higher Execut It cannot be made higher now King When I shall stretch forth my hands in this manner then After that when standing he had spoke two or three words unto himself with his hands and eyes lifted up towards Heaven immediately stooping down he laid his neck upon the Block and when the Executioner had again put all his hair under his cap. The King said Stay till I give the Sign Execut So I do if it please your Majesty and after a very little respite the King did stretch forth his hands and immediately the Executioner at one blow did sever his head from his Body Sic transit gloria Mundi The present Warre parralel'd Or A brief Relation of the five years Civil Warres of Henry the the third King of England with the event and issue of that unnaturall War and by what course the Kingdome was then settled again HEnry the third of of that Name a man more pious than prudent a better man than King swayed the Scepter of this Kingdome 56. years The former part of his Reign was very calm the latter as tempestuous The main Tempest was thus raised the King for many years during that high calm had sequestered himself wholly to his harmlesse sports and recreations and intrusted the whole managery of the State to his officers Ministers These taking advantage of his Majesties carelesnesse the main fault of this King insensibly suck'd and drained the Revenues of Crown and Kingdome till the King awakened by extream necessity began to enquire not how he came in for his necessities would not permit that but how he might get out The best way that his evil Counsellours could find to relieve their Master and save themselves was the ordinary way of supply in Parliament declined to have recourse to Monopolies Patents and other extraordinary and illegal Taxations But praeter naturall courses are never
was given by our Soveraign Lord the King this payment must be made within three years at the farthest All Officers and Reformades that were known to be common plunderers and made it their businesse to plunder if such have no lands but onely goods they shall be fined one moity of all their goods and shall find sufficient sureties that they shall keep the peace of our Soveraign Lord the King for the time to come They that have nothing shall be sworn upon the holy Gospel and find sufficient sureties that they will keep the Kings peace for the time forward and shall make such satisfaction and do such penance as the holy Church shall censure excepting onely banished persons who are wholly left to the will and pleasure of the King 2. Moreover as for Wards or young heirs that were in actual Rebellion against the King during their minority their Guardians shall pay their Fines and the said Wards when they come to age shall pay back the same to their Guardians within two or three years so that the Guardians shall have the Wardship and their marriages without disparagement even till they be come to full age and all Wards shall pay their Fines after the same manner as those of full age Onely the Kings own Wards shall be in the hands of those to whom the King shall give them untill they come to years and then they shall pay down their Fines acording to the same manner as those of full years Provided alwayes that there be no waste made by the Guardians upon their estates If there be then the Guardians to be punished according to Law 3. If any that were for the King before and since the battel at Lewes be now fined for not assisting the Prince when he was raising arms to rescue his Father we leave him to the King to be censured or pardoned as he shall think fit 4. That there be no sale or waste made of any Woods by those on whom they were bestowed unlesse the Fine be not paid within the time limited Onely it is allowed that they cut so much as is necessary to keep the houses in reparations and if they shall exceed this allowance to be severely punished 5. If any be thought to be dangerous persons and that they are like to move sedition and to revive the Wars let the King secure their persons as he shall think fit either by sending them into forrein parts for a time or what other way shall be thought expedient provided alwayes that if they be thereby hindered from paying their Fines they shall not forfeit their estates 6. That if any will not submit to this Ordinance he be left to be censured at the King-Bench-Bar before the Feast of St. Hillary next coming All those that live in forrein parts shall find sureties according to the Lawes and customes of those States to live peaceably otherwise that they shall not be received in a peaceable manner 7. Whereas the Kings Majesty is engaged to many that served him in his warres and faithfully stuck to him whom he hath not yet sufficiently rewarded and some have been rewarded above their deserts we desire that the King take speciall care that out of Delinquents estates they may be all rewarded to the full lest otherwise a new war should be occasioned 8. That the Kings Majesty be graciously pleased to make choice of twelve able men that may be authorised to see all this punctually and faithfully performed and that the Kings Majesty his Heirs or Successors take care that it be all firmly observed and maintained and to inquire into and regulate and see duly executed what shall be by the said twelve men ordered according to reason and equity 9. That all farmers and renters of lands that were against the King shall lose their farms for all the term or time of their leases that are to come provided that the landlords be no wayes endammaged and when the term of their leases are out then to return to the landlords again 10. As for Castles and Forts built by the Kings grant and allowance upon any delinquents ground contrary to the will of the said delinquent We decree that after the owner of that land hath paid his Fine which must be within three years for six years more the owner of that land shall pay such custome as was imposed by the King or else accept of a reasonable exchange for the land 11. All Lay-men who notoriously advanced the Earls designs and assisted him or his adherents Attrahendo homines per mendacia falsitates parti Comitis suorum detrahendo parti Regis filii sui by drawing people through lies and falsities either to the Earl and his party or from the King and his party it is ordained that they be fined as much as two years revenues of all their estates 12. That all such as were pressed or out of fear went to the wars but never fought against the King or did any mischief also those that being not able to go themselves yet by force and fear were compelled to contribute towards the Army against the K. or Prince or did any mischief also those that were enformed to be plunderers or to aid and assist any plunder-masters and yet did return to their habitation as soon as conveniently they could be all left In misericordia Domini Regis 13. That all those that wittingly bought any plundered goods restore the value of the goods and be in misericordia Domini Regis because they thereby have offended against the Law and done contrary to the Kings expresse command set for half a year before 14. That all those that at the Earls command went into Northampton yet never gave the Rebels their assistance or made any resistance but assoon as they perceived the King coming took Sanctuary provided that this be attested by the oathes of good and lawfull men likewise those that owed no suit or service to the Earl and yet came upon his command be all fined half a years revenue of every one respectively but those that held of the Earl in Fee let them be onely in Misericordia Domini Regis 15. That impotent silly people and all such as did no mischief may enjoy their estates as formerly and recover dammages at the Kings Bench against those that shall wrong them 16. Those that accuse any of their fellow subjects out of malice be punish'd at the Kings pleasure and that his Majesty thence forward do not easily give credit unto them And we judge that they deserve the same punishment as the accused if the accusation were true provided that they lose not life limbe or estate 17. That all such as are accused upon meer malice may still enjoy their estates and recover dammage against their accusers in the Kings Bench as abovesaid 18. That all women injoy their own inheritances and dowries but those lands that came by their husbands who have been against the King shall be redeemed by