is a breach of their priviledge against the Laws of the Land and the liberty of the subject They likewise past an Order to prevent the Levying any Souldiers in Yorkshire or Lincolnshire to force a passage into the Towne of Hull and the more to enrage the King Hotham is ordred to Levy The trained bands which being come into the Towne he disarmes and dismisses them There was a select Committee appointed to goe to Hull with Instructions for the safety of the Counties of York and Lincoln to whom all Sheriffs Justices of the peace Constables and other Officers are requir'd to be ayding and assisting Things began to grow very high The King summons the Gentry of the County of York where he gave them a large account of all the messages and replyes touching Hull and the Reasons why he did not signe the Bill for the Militia To be short You see my Magazine is going to be taken from me directly against my Will The Militia against the Law and my consent is going to be put in execution and lastly Sir John Hothams Treason is countenanced all which being considered none can blame me to apprehend dangers and upon this reall Ground to tell you that I am resolv'd to have a Guard onely to secure my person In which I desire you assistance that I may be able to protect you the Laws and the true Protestant Religion from any affront or Injury Which speech was by them received with great affection The Parliament being inform'd of the Kings Speech to the Yorkshire Gentry declare that it is against the Laws and liberties of the Kingdome that any of the subjects thereof should be commanded by the King to attend him at his pleasure and that whosoever upon pretence of his Majesties command shall take up Armes in a warlike manner shall be esteemed disturbers of the peace and to be proceeded against accordingly and likewise signed an Order to the Sheriffe of that County to take care to suppresse the raising of the trained bands upon the Kings Command But the Parliament Issue out Commissions to all parts of the Kingdome appointing certain dayes for all the trained bands to be exercised in each County and that severall Members be sent into the severall Counties to see the Commissions put in execution and all the Magazines in the severall Counties to be put into the hands of their confiding friends Which Commissions were answered by Proclamation from the King forbidding the trained bands and all others to rise or muster on pretence of any Ordinance of Parliament without his consent The breach was now growne wide the Parliament still opposing and thwarting the King on all occasions moved diverse of the Members to desert it and repaire to the King so that in a small time the Lords at York were more in number then those at Westminster The names of those that went were the Marquesse of Hartford the Earle of Lindsey Cumberland Huntington Bath Southampton Dorset Salisbury who presently return'd Northampton Devonshire Bristoll Westmerland Barkshire Munmouth Rivers Newcastle Dover Carnarvan Newport the Lord Howard Charlton New-wark Pawlet Paget Matreverse Willowby Rich Fawconbridge Chandois Coventry Lovelesse Savill Seymor Mohune Dunsmore Lord Capell Gray of Ruthen Together with above fifty of the Commons House whose departure startled the active men of the House who notwithstanding having gone so far proceed and Vote That it appeares that the King being seduced by evill Councell Intends to make war against the Parliament and that when he doth it is a breach of trust reposed in him and likewise that whosoever shall ayd or assist him in the said war are traytors by the fundamental Laws of the Kingdome And on the 30 of May by Vote summon nine of those Lords that went to returne but they utterly refused which the House deemed a sleighting of them which occasioned Mr. Hollis after a long Speech to Impeach them of high treason which the Peeres afterwards confirm'd in Voting them never to sit in the House more and to be uncapable of any priviledge of Parliament And not long after the Lord Keeper Littleton sent away the Great Seale to the King and immediately followed it which put the House to a great plunge for the present In June 1642. The two Houses sent a Petition with 19 Propositions to the King to which he reutrn'd a smart answer taxing them that they had contrary to law pressed their Ordinances on the people wrested from him the command of the Militia countenanced the Treason of Hotham and had directed to the people Invectives against his Government asperst him with the favouring of Papists and with an utter dislike of the Propositions protested that if he were vanquisht and a prisoner in worse condition then any the most unfortunate of his predecessors had ever been reduced unto he would never stoop so low as to Grant those demands and to make himselfe of a King of England a Duke of Venice And now both sides prepare for war The Parliament the 10 of June 1642. past an Order for bringing in money and plate to maintaine horse and foote for defence of the publick peace for which they did engage the publick faith The King on the other side receives advice by Letters from Amsterdam of a considerable quantity of Armes and Ammunition which was provided upon some Jewells pawned by the Queen he likewise sends Commissions of Array with Letters to the Lieutenants of the severall Counties making use of the Parliaments Vote and declares That the Kingdome being in danger of Enemies abroad and a Popish party at home it is necessary to put the people in a posture of defence that you immediately cause to be restored all the ancient trained bands and free-hold bands and to appoint Collonells and Captaiens and other Officers to command them The Parliament Vote the Commission to be against Law and the actors therein to be esteemed disturbers of the peace Whereupon the King summons the Lords of the Councell with the rest of the Nobility at York and declares that he requires no obedience of them but what shall be according to law and requires them to yeeld to no commands Illegally Imposed by any other and that he will not Ingage them in any war against the Parliament except for necessary defence against such as shall Invade him or them Upon which with unanimous consent they all freely engag'd to him their duty and allegiance The King sends a Letter to the Lord Mayor of London Aldermen and Sheriffes forbidding any contribution of money and plate toward the raising of any Armies whatsoever for the Parliament By this time the Armes were arrived from Holland but the King wanted men to weild them yet by his Speeches and Declarations had gained the affections of many of his people and a considerable number was got together and from Beverly he sends a Message and Proclamation to the Parliament of his Intentions to goe against Hull requiring it might be delivered up to him
obedience The King fummons his Privy Councel who conclude a Parliament to be called the 13 of April 1640 and for the present each of the Councel except Hamleton who pretended poverty subscribed large Contributions for the carrying on of the war untill such time as the Parliament should convene which was a leading card for the rest of the Nobility the Judges and others The Scots being informed of the Kings Preparation for a war sent the Lord Dunferling Lord Louden Sir Will. Douglas and M. Markham as Commissioners to represent the affaires of their transactions which were friendly received by the King and he well hoped that all differences might be composed with lenity and gentlenesse but it could not possibly be for during the treaty most of the Nobility that wisht well to the Kings interest in Scotland are imprisoned procured old souldiers out of Holland made divers fortifications required ayd of the King of France and by colouring their designes with the pretence for Religion and the cause of God they had gained a very strong party here in England By this time Episcopacy was totally extirpated in Scotland and the Presbyterian Contagion began to reigne here in England The Bishop of Canterbury a man learned pious and devout though unseasonably zealous was by the vulgar lookt upon as a great freind and favourer of Popery by reviving ancient Ceremonies in the Church and service of God which gave great occasion of discontent to the more precise and godly party On the 13 of Aprill 1640. the Parliament began and were composed for the most part of persons of Honour affectionate to Religion and their Country onely some sew violent restlesse spirited men that endeavoured to represent all the transactions of the King in the most ugly colours The King laid before them the treacherons designs of the Scots and demands 12 subsidies Mr. Pim and divers other members made long speeches reciting the greivances both of Church and State which were very many for it is with Government both Ecclesiasticall Civil as it is with watches that how good and excellent soever they be length of time disorders them they urge that there was never more need of redressing grievances and that would be the onely way to procure the Subsidies required The King promised to redresse the grievances afterward The King seeing them very backward concerning the Subsidies which his pressing necessities call'd for on the sift of May came into the House and dissolv'd the Parliament using Civill Language protesting that he would governe as much according to Law as if a Parliament were constantly sitting yet Mr Bellosis and Sir John Hotham were committed for speeches a small time and Mr Crew Chaireman to the Committee for Ministers was committed to the Tower for refusing to discover some Petitions presented to the Parliament The Convocation now sitting had formed an Oath for maintaining their Hierarchy as the Scots on the other side had Covenanted for the destruction of Episcopacy for which they were much blamed by many good men They likewise granted a large Contribution of 45. in the pound for six years to be assest on all the Clergy of England toward the carrying on of the Scotch war which was lookt upon as Illegall being without consent of Parliament And now the English in Imitation of the Scots began in a rude manner to assault the Archbishop of Canterbury as they did the Archbishop of St Andrews conceiving him to be the onely man that advised the King to break up the Parliament and on Munday the 16 of May 1640. a great number of rude disorderd persons meet together and goe to his house at Lambeth beset it but he being forewarned had sufficiently provided for his own safety Some of the principall were apprehended and committed to the White Lyon in Southwarke which not long after was violently by the multitude broke open and the prisoners discharge One of the Principall Riag-leaders was afterwards apprehended and condemned to be hang'd drawn and quartered to terrifie the rest The King being in want applyes himselfe to the City for supply but they being discontented at the last dissolution pretend poverty a likely thing after so many yeares of peace plenty and prosperity as they had enjoyed under his Government besides they are a little troubled at the questioning of their London-Dery Lands in Ireland by the Star-Chamber They Gentry were generally more free and afforded large Contributions by which meanes the Army began to Muster the Earle of Northumberland was appointed Generall and the Earle of Strafford Lievtenant Generall but both being indispos'd in health the King resolved to goe himselfe in person In July 1640. The Queene was delivered of a Son who was baptized Henry August 20. 1640. The King advances toward the North the Army having rendevouzed some dayes before whether being come he was informed of the sad disaster of a defeate given by Lessly to 1200 Horse and 3000 foote under the Command of the Lord Conway who were lest to secure the passe over the River Tine nere Nuburne as likewise Sir Jacob Astley Governour of Newcastle quit the Towne after he had sunck all the Ordinance as being no way tenable By this time the Earle of Strafford was recover'd and came to his command much troubled at my Lord Conways loss which Conway stoutly alledg'd was neither through neglect nor oversight Yet notwithstanding the Covenanters had a Check in their own Country Lesley having left some superfluous Ordnance at Dounse which the Garrison of Warwick being advertised of adventure forth and did seaze them which allarum'd the Earle of Haddington who with 2000 horse and foote pursue and with a very sharp Encounter rescue them which were carried back to Duglasse The Earle being at dinner the next day with diverse Knights and Gentlemen in a roome over the Magazine of Powder in the midst of their mirth they were suddenly blowne up whether by easualty or on purpose it was not known In September following the King was at Yorke presented with a Petition subscribed by eleven of the English Nobility To which he made Answer as followeth Before the receipt of your Petition his Majesty well foresaw the danger that threatens himselfe and Crowne and therefore resolveth the twenty-fourth of this moneth to summon all the Peeres and with them to consult what in this case is fittest to be done for his own honour and safety of the Kingdome where they with the rest may offer any thing that may conduce to these ends And accordingly they were by Writs from the Lord Keeper summoned to attend the 24 of September Great were the sufferings at that time of the Northerne Counties for Lesley the Scots Generall had imposed a tax of 350 l. per diem on the Bishoprick of Durham and 300 l. per diem on Northumberland on penalty of plundering and likewise seaz diverse English Ships laden with Corne in Newcastle Road as lawfull prize On the 24 of September the Lords assembled at Yorke
and took notice how they had taken the Government all in pieces how that a skilfull Watch-maker to clense his Watch will take it asunder and when it is put together it will goe better provided no pin be omitted Now I have done this on my part you know what to doe on yours reposing Great Trust and confidence in your affection The passing of this Bill was by wise men thought to be none of the least of his failings Judge Barkly was by the Usher of the black Rod arrested as he sat on the Kings Bench for high treason Thomas Earle of Strafford was next brought upon the stage the Articles exhibited against him were from 14 made 28. and on the 22 of March 1640. his Triall began The place appointed was Westminster-Hall where scaffolds were raised on both sides nine degrees in height The two uppermost for the Scotch Commissioners and the Irish Lords In the midst in a lower ascent sat the Peeres of the Realme a Throne also was erected for the King but he never appear'd publiquely but was every day of the Triall in a Close Gallery to heare and observe the whole proceedings and took notes The Earle of Arundell was Lord High Steward and the Earle of Linsey Lord High Constable The Charge was principally managed by Mr. Glin and Mr. Maynard both Members of the Commons House fifteene dayes together was the Earle arraigned and gave in his answer to every particular Charge The Commons Charge him afresh by Mr. Pim concerning some Notes taken by Secretary Vane which were discover'd by his son of his telling the King be had an Army in Ireland which his Majesty might Imploy to reduce this Kingdome to obedience He is againe call'd to the Barre and Mr. Glin and Mr. Pim endeavour to prove him Guilty by Law They extend his Crimes and make him as Odious as possible they can The Earle moves for Councell which the Peeres could not in reason deny The Commons oppose but after three dayes contest the Peeres prevaile Councell is assign'd him viz. M. Lane The Princes Atturney Mr. Gardner Recorder of London Mr. Loe and Mr. Lightfoote and Saturday the 17 of Aprill was appointed for him and his Councell to appeare where his Councell argued his case in Law that day they adjourn not appointing any time for their next meeting The Commons House Vote him Guilty of high Treason upon the evidence of Sir Henry Vanes notes which Bill of Attainder was sent up to the Lords which in their House was much opposed Some few dayes after Mr. St John The Kings Soliciter was sent by the Commons to the Lords to Justifie the Bill by Law which accordingly was by him performed in Westminster-Hall The Earle being present and The King in his accustomed place The Peeres in their House proceed to Condemnation The King having notice of it on the first of May Calls both Houses together where he declares that he had been present at the whole Triall and that in Conscience he could not condemne him of high Treason He likewise in Vindication of the Earle declares 1. That he never had any Intention to bring over the Irish Army nor ever was advised by any body so to doe 2. That there never was any debate before him either in publick Councell or private Committee of the disloyalty of his English subjects And that though he could not in Conscience condemne him of high Treason yet he could not cleare him of misdemeanours He desired them to consider what a tender Conscience was and that to satisfie his people he would doe much but in this of Conscience neither fear nor any other respect should make him goe against it He desired them to find out some middle way and was of opinion that for misdemeanours he thought him not fit to serve him or the Common-wealth in any place of trust no not a Constable This speech gave much discontent to both Houses Sunday May the second The Prince of Orange was married to the Lady Mary at White Hall with Great solemnity and triumph The next day diverse seditious persons had stirred up the multitude to the number of 5000 or 6000. who in a Tumultuous manner came arm'd to Westminster crying out for Justice to be executed on the Earle committed outrages on divers Lords but by faire promises of my Lord Chamberlain they were appeased They likewise posted at Westminster Hall Gate and the Exchange a Catalogue of those that opposed the Bill of Attainder under the title of Strafordians The fift of May a Motion was made in the House for a loan of 650000 l. to be Lent till it was Levied by Subsidy provided the King would pass a Bill not to adjourne prorogue or dissolve this Parliament without the consent of both Houses upon which Motion a Bill was order'd to be drawne up The Lords by advice of the Judges Vote the Earle Guilty of the 15 and 19 Articles And at a Conference of both Houses it was ordred That some Lords be sent to the King with the two Bills one for executing the Earle The other for continuance of this Parliament which accordingly was done on Saturday and The King promised his answer on Monday All the Sabbath day he was much perplext within himselfe The Clamours of the multitude were great he sends for the Judges to advise summons the Privy Councell and with them spends much time in arguing the Case sends for five Bishops viz. London Lincolne Carlile Durham and Bishop Vsher who for Law wholly remit him to the Judges and for Conscience he having heard the whole proceedings if he conceiv'd him Guiltlesse he ought not to condemne him The Judges in part satisfie the King by declaring that he was Guilty of high Treason The Earle himselfe that day writ a Letter with his own hand To set his Majesties Conscience at Liberty humbly requesting him to prevent such mischiefes as might ensue upon his refusall to pass the Bill and That his consent herein should acquit him to God more then all the world beside Munday the 10th of May his Majesty being wearied with complaints granted a Commission to the Earle of Arundell Lord Privy Seale Lord Chamberlain and others to pass the two Bills The next day being much afflicted in his spirit he wrote to the Lords and sent it by the Prince wherein he requests That although he had past the Bill of Attainder against The Earle yet desir'd to shew mercy by letting that unfortunate man to end his life in Close Imprisonment but if no lesse then life can satisfie my people I must say Fiat Justicia The Postscript was If he must die it were Charity to reprieve him till Saturday The House returnd answer that his request could not possibly be admitted without apparent danger to Him his Wife and Children On Wednesday the 12 of May he was brought from the Tower to the scaffold on Tower-hill attended by Bishop Vsher where he made his last Speech to the people Protesting his Innocency in
Earle of Warwick Earle of Manchester Vicount Say and Seale Lord Wharton and Lord Roberts For the Commons Mr Perepoint Mr Nathaniell Fines Sir Henry Vane senior Sir Arthur Haslerig Sir Gilbert Gerard Sir William Ermine Sir John Evelin Sir Henry Vane junior Sir William Waller Mr Crew Mr Soliciter St John Mr Wallop Mr Samuel Browne Lieutenant Generall Cromwell A Generall Councell of the Army being met at Windsor they were very Joyfull and unanimously approv'd of the Votes of the House touching his Majesty and ordred two Declarations to be drawne up one to shew their good liking of the Houses proceedings with promise to ayd and assist them in setling the Kingdome yea without the King or against the King the second for the maintenance of the Peerage of England with Resolution to stand by Lords and Commons to the last man On the 17 of January the Votes for non-addresses past the Lords House They Ordred Colonel Barksteds Regiment to quarter in White Hall Colonel Rich his Regiment of Horse to quarter in the Mews His Majesty having heard of the Resolves of both Houses continues very chearfull and is much retired The Scots Commissioners desire leave to Returne The House of Lords added four of their order to the Committee of Darby-House Viz. the Earle of Salsbury the Lord Mograve Earle of Denbigh and Lord Howard The Earle of Pembrooke was Voted Chancellor of Oxford Both Houses Vote that the Committee of Darby-House have plenipotence to order the dispose of the Army Commanded by Sir Thomas Fairfax as they shall thinke fit The Commons consider'd of Commissioners to goe to Scotland to acquaint the Parliament of Scotland with the miscarriages of their Commissioners here And Order Mr Goodwin Mr Ashurst Mr Brian Stapleton and Colonel Birch to receive their Instructions from the Committee of Darby-House The Lords joyne the Earle of Nottingham and the Earle of Stamford to goe with them The second of February the Commons past an Order that all the servants lately made by the Commissioners attending his Majesty be removed and that the Generall Sir Thomas Fairfax place such about his Majesty as he should thinke fit provided they exceed not thirty They likewise order'd a Declaration to be drawne up to satisfie the Kingdome of the Grounds and Reasons of their passing the Votes for non-addresses The 21 of February Judge Jenkins was brought to the Bar of the House where he refused to kneele a Charge was read against him That he had condemn'd or pasT sentence upon men to be hang'd drawne and quarter'd for not assisting against the Parliament That he tooke up Armes himselfe that he stir'd up others to levy war and assist against the Parliament that he accused the Parliament and charg'd them with counterfeiting the Great Seale and bein requir'd to speak what he had to say for himselfe he answer'd that they had no power to try him he assur'd with confidence the Militia was in the King alone he said Kings did not formerly covenant to maintaine the Law but onely to be mercifull to the people He endeavoured to terrifie the Parliament with his Majesties numerous Issue in Geniollogy he pray'd the Laws might be protected he saith there can be no Laws without a King and that there is none in Venice nor the Vnited Provinces for his ill deportment and words which were indeed a breach of the priviledge of the House he was fined 1000 l. and the House Voted a Charge to be brought in against him His Majesty at Caresbrooke Castle is very much dejected and discontented at his confinement and the removall of his old servants he will not permit his haire nor beard to be medled withall but by a Barbar of his own choosing by which meanes he is growne very hairy The Scots Commissioners Report to their Parliament much to the prejudice of the Parliament of England touching their proceedings with the King The Lords and Commons Concur that no forces be raised in London nor ten miles round but by speciall warrant from the Committee of Darby-House The House being Inform'd that one Colonell Poyer Governour of Pembroke Castle had refused to deliver it up being required thereunto by Letters from the Generall Order that if the said Colonell Poyer shall not within twelve houres after notice hereof surrender the Castle with all the Armes and Ammunition therein that then the said Colonell Poyer and all that shall adhere to him are hereby declared Traytors and Rebells and the Generall is hereby required to reduce the said Castle and to bring the said Colonell Poyer and his adherents to Justice and the Generall was requir'd to send this Order that the Colonell might not plead excuse Colonell Langhurne likewise raised a body of men and came to the assistance of Colonell Poyer and had gathered together a considerable body of men neere 2000 Horse and foote They publish a Declaration of their Resolutions to establish his Majesty in his full power and dignity The Generall Order'd thirty Companyes of Horse and foote to suppresse them under the Command of Colonel Horton The King though set aside and confin'd to the Isle of Wight was more formidable this Summer then ever he was since the beginning of the late troubles for the very name of a King was now grown into great credit with the people throughout the Kingdome and by it not onely tumults but Armyes were raised A mutiny hapned at Bury about a Maypole some discontented persons declare for the King the House order the Generall to send some forces who besieged it and after some time was delivered up to mercy Chepstow was likewise surprized for the King On the 22 of Aprill the Earle of Northumberland Inform'd the House of the escape of the Duke of Yorke from St James's The manner thus The Earle went as his custome was to attend the Duke at eight a clock at night after some stay the Duke came from his brothers Chamber when the Earle was gone the Duke went out againe as his manner was in way of play to obscure himselfe that his Gentlemen might seeke him which accordingly they did but could not find him upon search they Informe the Earle who upon enquiry dilcovers that he had borrowed the Key of the Garden doore the day before of the Gardner as also there was discovery made of his footsteps The Parliament in Scotland order a Committee for safety who advise that an Army of 40000 men be forthwith Levied for the preservation of his Majesty and Kingdome of Scotland notwithstanding diverse Lords Knights and Gentlemen Members of the Parliament Remonstrate of their utter dislike of it Immediately the Parliament of England Order the fortifying of Newcastle and Hull to prevent the Scots Invasion The Parliament men being summon'd to attend the House were cald over and found to be neere 320 men A Petition was presented to the Parliament from the City Requiring the Armyes removall from the City and that the Posts and Chaines may be put up for the
which if he refuse the Charge to be taken pro Confesso and the Court proceed to Justice President Requires the King to give a positive answer and either confesse or deny it is offerd in behalfe of the Kingdome to be made good against you for the Authority of the Court they avow it and the whole Kingdome are to rest satisfied with it I therefore require your positive answer The King persisted in his former protest against the Jurisdiction of the Court and that a King could not be tryed by any superior Jurisdiction on Earth and tould them that pretend what they would be stood for their Liberties for if Power without Law may alter the fundamentall Laws of the Kingdome what subject is he that can be secure of his Life or Estate and going to shew reasons why he could not allow them a Court he was Interrupted by the President who tould him they would not allow him to dispute the Authority of the Court desiring a punctuall and direct answer The King I understand Law and reason and therefore under favour I doe plead for the Liberty of the people more then you doe and therefore if I should Impose a beliefe upon any man without reasons given for it it were unreasonable The President againe Interrupted him telling him he might not be permitted to speake of Law and reason there The Vote of the Commons of England assembled in Parliament are the reason of the Kingdome Sir you are not to dispute our Authority and it will be taken notice of that you stand in contempt of the Court and your contempt will be recorded King I doe not know how a King can be a Delinquent by any Law I ever heard of I demand to be heard my reasons if you deny that you deny reason President Sir Neither you nor any man shall be permitted to dispute the Authority of the Court further telling him that if he demurr'd to the Jurisdiction of the Court they sitting there by the Authority of the Commons of England he and all his Predecessors are responsible to them The King I deny it President You ought to disturbe or Interrupt the Court in speaking They have considerd of their own Jurisdiction King I say Sir The Commons of England were never allow'd a Court of Judicature President Sir you are not to be permitted to goe on in these discourses Then the Clarke Read as was Ordered in the painted Chamber requiring the King to answer Upon which the King promised to answer so soone as he knew the Authority of the Court. President If that be all you have to say then take away the Prisoner To which the King reply'd I require to give in my Reasons which the President would not permit The King urges againe to give in his Reasons but the President tould him his Reasons were not to be heard against the highest Jurisdiction To which the King answered shew me the Court where Reason is not to be heard The President againe commands the Prisoner to be taken away who was accordingly convey'd back to S James's The President ordered to record the default On the 23 of January 1648. The Court met againe according to the usuall manner and the Prisoner was brought with his Guard and seated in his Chaire Soliciter Cooke made a formall Speech addressing himselfe to the President and in the Close craved Judgement to be pronounced against the Prisoner The President addresses himselfe to the King and tells him That it was not for him to dispute the Jurisdiction of the supreame and highest Authority of England from whom there is no appeale and further to let him know that the Court was sensible of his delays and that they ought not to be thus trifled with and that they might in Justice take advantage of those delays and proceed to Judgement against him yet neverthelesse by direction of the Court I require a positive answer whether you are Guilty or not Guilty of the Treasons laid to your Charge To which the King reply'd when I was here last I did desire to speake for the Liberties of the people of England but was Interrupted I desire to know whether I may speake freely or not President Sir I must let you know from the Court that you are not to be permitted to run out into any discourses untill such time as you have given a positive answer to the matter that hath been Charg'd upon you The King For the Charge I value it not a rush it s the Liberty of the people I stand for I that am your King and sworne to maintaine the Laws for me to acknowledge a new Court that I never heard of here he was Interrupted Sir you ought not to Interrupt me How I came here I know not there is no Law for it to make your King your Prisoner President Sir you must know the pleasure of the Court. The King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses The Court once more demands your positive answer Here the Clarke Read the same as before To which the King replyed To give satisfaction to the people of the Clearenesse of my proceedings not by way of answer but to satisfie them that I have done nothing against the trust that hath been committed to me but to acknowledge a new Court against their priviledge or to alter the fundamentall Laws of the Kingdome you must excuse me President Sir This is the third time you have disownd the Court and put an affront upon it how far you have preserv'd the priviledge of the people your actions have spoke it mens Intentions are knowne by their actions you have written your meaning in bloody Characters but Sir The pleasure of the Court is that the Clarke Record your default and you Gentlemen that take Charge of the Prisoner take him away Who was Immediately convey'd back to St James's as accustomd On the 27 of January 1648. The Court met againe in Westminster Hall being in all seventy eight Whose Names were John Bradshaw Sarjeant at Law President Oliver Cromwell Lieutenant Generall Commissary Generall Ireton Major Gen Skippon Lords Thomas Lord Gray of Groby Philip Lord Lisle Colonells Edward Whaly Thomas Harrison Isaac Ewer Thomas Pride Rowland Wilson Richard Ingolshy William Purofoy Henry Martin Hewson Edward Ludlow Robert Titchburne John Huchinson Owen Row Adrian Scroope Robert Lilburne John Harrison Richard Deane John Okey John More William Goffe John Desborough Edmond Harvey Francis Lasseley John Venne John Downes Anthony Stapeley George Fleetwood James Temple Thomas Hamond Thomas Wait. John Barkstead Godfry Boswell Mathew Tomlins Herbottle Morley Knights Sir Henry Mildmay Sir John Danvers Sir William Brereton Sir Miles Livesey Francis Thorpe Sargeant Aldermen of London Isack Pennington Thomas Atkins John Fowkes Thomas Scott Thomas Andrews Esquires Gilbert Millington John Blackstone William Heinington Cornelius Holland Miles Corbet Francis Allin John Carme John Jones Peregrine Pelham John Gowden Thomas
forthwith commanded the Prisoner to be carried away who was convey'd to White Hall The Reasons why he could not consent to the Court are as followeth which he Intended to deliver on Munday Jan. 22. in writing but was not permitted Having already made My protestations not only against the illegality of this pretended Court but also that no Earthly power can justly call Me who am your KING in question as a Delinquent I would not any more open My mouth upon this occasion more than to refer My self to what I have spoken were I alone in this case alone concerned But the duty I owe to God in the preservation of the true liberty of My people will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old fundamentall Law of the Land which I now take to be the present case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment but since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot judge Me nor indeed the meanest Man in England for I will not like you without shewing a reason seek to impose a belief upon My Subjects * Hereabout I was stopt not suffered to speak any more concerning Reasons There is no proceeding just against any Man but what is warranted either by Gods Laws or the municipall Laws of the Country where he lives Now I am most confident that this dayes proceeding cannot be warranted by Gods Law for on the contrary the authority of obedience unto Kings is cleerly warranted and strictly commanded both in the Old and New Testament which if denied I am ready instantly to prove and for the Question now in hand there it is said That where the word of a King is there is power and who may say unto him what doest thou Eccles 8.4 Then for the Laws of this Land I am no lesse confident that no learned Lawyer will affirm that an impeachment can lye against the King they all going in His Name and one of their Maximes is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the fundamentall Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the World to judge And it were full as strange that they should pretend to make Laws without King or Lords-House to any that have heard speak of the Laws of England And admitting but not granting that the people of Englands Commission could grant your pretended power I see nothing you can shew for that for certainly you never asked the question of the tenth man of the Kingdome and in this way you manifestly wrong even the poorest ploughman if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own right alone as I am your KING but also for the true liberty of all My Subjects which consists not in sharing the power of Government but in living under such Lawes such a Government as may give themselves the best assurance of their lives and propriety of their goods Nor in this must or do I forget the Priviledges of both Houses of Parliament which this dayes proceeding doth not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all the pretended crimes laid against Me bear date long before this late Treaty at Newport in which I having concluded as much as in Me lay hopefully expecting the two Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdome together with My own just right Than for any thing I can see the higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the lawfulnesse of your pretended Court. Besides all this the peace of the Kingdome is not the least in My thoughts and what hopes of settlement is there so long as Power reigns without rule of Law changing the whole frame of that Government under which this Kingdome hath flourished for many hundred yeares nor will I say what will fall out in case this lawlesse unjust proceeding against Me do go on and believe it the Commons of England will not thank you for this change for they will remember how happy they have been of late years under the Reign of Q. Elizabeth the King My Father and My Self untill the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the fundamentall Laws of this Kingdome against those who have supposed My power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the trust which I have from God for the welfare and liberty of My People I expect from you either cleer Reasons to convince My judgement shewing Me that I am in an Error and then truly I will readily answer or that you will withdraw your proceedings Sir Hardresse Waller Harrison Deane and Okey Colonels with Lieutenant Generall Ireton are by the Court appointed to consider of time and place for executing the King who resolve that the Open streete before White Hall is a fit place and that the King be there executed the next day being the 30 of January 1648. and that the scaffold he covered with black January 27. the King lay at White Hall the next day being Sunday the Bishop of London preached before him in his Chamber The same day all the Members of the Court kept a fast in the Chappell at White Hall Munday his Children were permitted to visit him at St James's but staid not long Tuesday the 30 of January the
serve for a speciall Order was signed for their departure and sent the Lord Charlton to give his Brother a true account of that action The French King being informed of his Message would not permit him audience but sent Monsieur the Marshall de Bassom Pierre as extraordinary Ambassadour to demand their Restitution who might as well have saved the labour for it was in vaine the King would by no means permit it all the Merchants Ships were stopt by an Imbargo at Burdeux which incenst the King so high that he resolv'd on open wars with France And accordingly in October a Fleete of thirty sail under the Command of the Earle of Denbigh and the Lord Willowby set out which by a violent storme were very much damaged and forc't to return Anno 1626. dyed the Reverend Prelate Bishop Andrews a man very well skil'd in the Orientall Languages truly pious and devout Three hundred thousand pound was borrowed by Loane toward the Reliefe of Rotchell which was then intended to be besieged by the Duke of Guiz. On the 27 of June the Duke with six thousand horse and foote and ten of the Navy Royall assisted with ninety Merchant men set sale for Portsmouth and published a Manifesto of the Kings undertaking for the reliefe of the Protestants Sir John Burroughs with divers Gentlemen of quality and 1200 Souldiers landed in the Isle of Rhe who were received by the French valiantly which by their valour made it hard to distinguish who had the better The Duke perceiving the backwardnesse of the French to engage lands his horse and sends Sir William Beecher with 500 foote and some horse to the reliefe of Rotchell Upon their approach to Sr Martins Towne the Inhabitants immediately fled into the Castle The Duke being possest of the Towne raised batteries against the Castle where after he had laine before it two moneths without doing any considerable hurt and by poysoning their springs had almost inforc't them to yield had not Monsieur Balon at high water by twelve Pinaces in the dead of the night supplyed their necessities and on the 29 of October Marshall Schomberg at Port dela Pree landed 4000 foote and 200 horse who facing the besiegers put them to a great fright whereupon they resolve to rise be gon and in their retreat had diverse skirmishes The French with fury fell in on the reare of my Lord Mountjoys Troops who endeavouring to fly routed our own party which the Enemy perceiving pursue with violence We lost in that Encounter neere 2000 common Souldiers and 50 Officers prisoners of note 35. besides 100 common Souldiers which the King dismist out of respect to his Sister But the Duke being returned with those few scattered Troops the King resolves speedily to besiege Rotchell endeavouring to gain the Towne by famine built three Forts and drew a line toward the Land with many Redoubts within Musket-shot of the Town and by the Advice of Cardinall Ritchlew made a Huge Boone or Barachado a-crosse the Chanell almost 1500 yards in length leaving a small space for the ebbing and flowing of the Sea The Rotchellers perceiving their utter ruine approaching send over Deputies into England to solicite the King in their behalfe who promised what assistance he could The Kings necessities were at that time very great wanting almost what ever was necessary for a warre He resolves to summon a Parliament to meete on the 17th of March 1627. March 17. 1627. the Parliament met Sir Jo. Finsh was chosen Speaker And thus the King speaks to them My Lords and Gentlemen The times are for action for action I say not for words therefore I shall use but a few and as Kings are said to be exemplary to their subjects so I wish you would imitate me in this and use as few falling upon speedy consultation No man is I conceive such a stranger to the common necessities as to expostulate the cause of this meeting and not to thinke supply to be the end of it and as this necessity is the product consequent of your advise so the true Religion the Laws and Liberties of this state and Just defence of our freinds and allies being so considerably concern'd wil be I hope argument enough to perswade supply for if it be as most true it is my duty and yours to preserve this Church and Common-wealth this exigent time certainly requires it In this time of common danger I have taken the most antient speedy and best way for supply by calling you together if which God forbid in not contributing what may answer the quality of my accasions you doe not your duties it shall suffice I have done mine In the conscience whereof I shall rest content and take some other course for which God hath impowred me to save that which the folly of some particular men might hazzard to lose Take not this as a menace for I scorne to threat my inferiours but as an admonition from him who is tied both by nature and duty to provide for your preservation and I hope though I thus speake your demeanour will be such as shall ablige me in thankfulnesse to meet you oftner then which nothing shall be more pleasing to me Remembring the distractions of our last meeting you may suppose I have no confidence of good successe at this time but be assured I shall freely forget and forgive what is past hoping you will follow that sacred advise lately inculcated to maintaine the unity of the Spirit in the bond of peace The Parliament being deeply affected with the necessities of our neighbour Protestants and freinds in eminent danger forthwith granted five subsidies with unanimous consent Secretary Cooke brings the news to the King who wept for joy and bid him tell them he would deny them nothing of their just liberties Immediatly the House fall upon the peoples libertyes and vote that no freeman be imprisoned by King or Councell without legall cause alledged They draw up a petition to this effect 1. That no person be compeld to make give or yeild any gift loan benevolence tax but by common consent of Parliament 2. That no freeman be imprisoned or detained of his liberty but by the Laws of the Land 3. That the souldiers and mariners be removed from billiting and the people eased for the time to come 4. That martial Law be revoked Which petition was presented to which his Majesty gave a speedy answer with plenary satisfaction and withal told them he having done his part if the Parliament have not a happy conclusion the sin was theirs he was free Which answer was received with great acclamation and Joy The House having fared so well fall a ripping up of old fores and drew up a Remonstrance which reflected upon the Duke at which the King stood amazed They likewise were drawing a Bill against Tunnage and Poundage which the King would by no means permit On the 26 of June the King prorogued the Parliament to the 20 of
resorting to Westminster every day caused the King for his own safety to repaire to Hampton Court with the Queen and Prince for which by many good men he was much blamed The next day after the King went to Hampton Court many Citizens with a great company of boats with Guns and flags Guard the five Members in Triumph to Westminster which gave occasion to the King to dislike the City The House of Commons Petition the King for the Militia To which he gives a speedy answer though not satisfying to them They likewise Petition that the five Members may be estated and cleared of that Imputation of Treason To which he answered That he had ground and proofe enough to accuse them but he is willing to forbeare prosecution if that will not doe to satisfie the people he will pass a free and Generall pardon as they shall think fit The King after he had been at Hampton Court some small time sends for the Earle of Essex then Lord Chamberlain and the Earle of Holland Groom of the Stoole to attend him but they refused rather choosing to obey his Writ upon which he sends a Messenger for the Staffe and Key the Ensignes of their Office which they willingly resign'd The Queen having receiv'd a Message from both Houses by the Earle of Newport and the Lord Seamor that they intended to charge her with Treason She answered she never saw any Articles in writing and therefore gave little credit and she hop'd they would lay no aspersions upon her that never mistrusted the actions of one single person much lesse the whole House and that she ever wisht a happy and right understanding betwixt the King and his people In February the King and Queen went to Canterbury and so to Dover with the Princess Mary wife to the Prince of Orange The Queen went along with her into Holland and some affirme carried the choicest Jewells of the Crown with her to pawn During the Kings stay at Canterbury he signed the Bill to take away Bishops Votes in Parliament The King came back to Greenwich and sends for the Duke of York to attend him in his going to York where he intended to reside From Greenwich he removes to Theobalds where he is presented with a Petition for the Militia and likewise to reside neer London and not to take his Son with him The King refused to give any other answer to the Militia then what he had already done and that he should take such care of his Son as should justifie him to God as a Father and to his Dominions as a King and that he conceiv'd himselfe not safe neer London The House immediatly Vote That his Majesties answer was a flat deniall and likewise Order The Earle of Northumberland Lord High Admirall to take care for the providing and rigging of the Royall Navy for the service of the Kingdome The House seeing they could not prevaile with the King for the Militia past an Order for setling the Militia throughout England and Wales in confiding persons hands From Huntingdon the King sent a Message to both Houses shewing the Grounds and Reasons of his removall to York desiring them to expedite the necessary supplyes for Ireland and forbids them by any pretence of Order or Ordinance to meddle with the Militia or to doe or execute any thing against Law he being tyed up by the Law as well as his subjects and must obey Upon which the House drew up a Declaration of their utter dislike of his proceedings The King at Stamford puts forth a Proclamation for putting in execution the Laws against Papists And being at York puts forth a Proclamation for Tunage and Poundage The eight of Aprill 1642. the King sends a message to both Houses declaring his Intentions to goe himselfe in person to chastize the bloody rebells and that he intended to raise forthwith by Commission a Guard for his own person consisting of 2000 foote and 200 horse and to arme them from his Magazine at Hull Upon which the Houses Petition to remove the Magazine from Hull The Gentry Ministers and Freeholders of the County of York Petition the King to which his Majesty gives a speedy and gracious answer The House again Petitions that the Magazine at the Tower of London being much drained that from Hull may be brought up to which his Majesty answered That for the Charge of Locking to the Magazine at Hull as it was by them at first voluntarily undertaken though unnecessarily yet you may free our good people of that Charge and leave it to Vs to look to who are the proper owners of it The Parliament though they could not prevaile by Intreaty resolve to doe it by possicy for they had sent to keep out the Earle of Newcastle and committed the Towne and Fort to a faithfull Friend of theirs Sir John Hotham The County of York petition the King that the Magazine may remaine there for the security of the Northern Countyes and during the Contests the Parliament went on might and maine setling the Militia in many Countyes and by Reason the Earle of Northumberland was indisposed in health and could not attend the Sea-service they petition that the Earle of Warwick may be Admirall The King utterly refuses the Earle of Warwick yet notwithstanding the Earle of Warwick being Encouraged by some Votes of the House though with some opposition got possession of most part of the Navy The King attended by many of the Nobility a great number of Gentlemen and some Souldiers came before the walls of Hull but found the Gates shut and the Bridges drawne up by the Command of Sir John Hotham a Member of the Commons House Sir John Hotham appeared on the wall Kneelling downe Intreating his Majesty not to command that which he must be inforc't at that time to deny and that he could not admit him in without breach of trust to the Parliament craving leave that he might have time of acquaint the Parliament The King being very wrath desired to know if he had any Order in writing expressly to deny his entrance And after some houres stay Proclaimed Sir John Hotham a Traytor after he had received The Duke of York and the Prince Elector out of the Town who had been there one day The King forthwith sends a Message to the Parliament accusing Hotham for a traytor and likewise sent a Letter to the Mayor of Hull to take care that no part of the Magazine should be conveyd away without his consent there were Scouts appointed to Intercept all Letters between London and Hull and a Letter accordingly was Intercepted going from the Parliament to Hull giving encouragement to Sir John to continue firme nothing doubting but they would stick by him The House being Informed of the Intercepting of their Letter Voted it a high breach of the priviledge of Parliament and that what Sir John had done was in obedience to that House and that the proclaiming him a traytor without due process of Law
then close besieged by the Kings Forces ballanc't the scale and at a Councell of War it was resolved to relieve Taunton The King at that time was in a condition to take the field and had sent severall Dispatches to that purpose Sir Thomas Fairfax on the first of May advances with the whole Army first to Blauford then to Salisbury excepting that party of Horse and Dragoones Commanded by Lieutenant Generall Cromwell and foure Regiments of foote which were ordered to joyn with him The King taking the advantage of the Armies march into the West draws forth his Artillery from Oxford and began to gather into a considerable Body Lieutenant Generall Cromwell and Browne were orderd to attend him but being too few in number to engage The Generall by the Committee of both Kingdomes was commanded back all but a Brigade for the Reliefe of Taunton which were neer 5000 foote and 2000 horse who march without any impediment till they came within ten miles of Taunton where they discharged ten pieces of Ordinance to give the Enemy notice of their arrivall The Enemy being inform'd that the Generall and the whole Army were within ten miles prepare to draw off upon which Blake made a sally out and fell upon the reare kild and took diverse Colonel Wildon sends a party of Horse who approach to the walls for the Enemy had quit it The viewing the Towne was one of the saddest spectacles that ever eyes beheld it being almost consum'd by fire and the people almost starv'd The Generall and most of the Army being come back to Newbery were met with an order of the Committee of both Kingdomes immediately to lay close siege to Oxford Cromwell and Browne that attended the King were commanded back to assist in the work and after fifteen dayes surrounding the Towne it was by a Councell of War thought altogether Inconvenient to continue the siege the Kings Army unattempted in the field which the Generall presents to the Committee The King Horses most of his foote and moves up and downe and taking the Advantage of the Scots advance toward Westmorland and after he had relieved Chester comes on and faces Leicester Prince Rupert sent a Summons to the Towne offering quarter to the Souldiers Townsmen and Countrymen The Committee and Officers within desire till next morning to returne their answer The Trumpeter no sooner comes to the Kings Army but immediately a Drum is sent to require an answer in a quarter of an houre which while they were debating in the Towne the Kings Canons from the battery began to play and all were commanded to their Charge in order to a storme the Contest continued a day and a night with a great deale of Resolution on both sides In some breaches they came to push of Pike On Saturday at three of the Clock they enterd the Towne and in hot blood many were put to the sword some plunderd On the other side Colonel Massey with 2000 Horse and foote having laine two dayes before Evisham storm'd the Towne and took it with the Governour and twenty Officers 500 foote 120 Horse with all the Armes and Ammunition The Commons order six hundred men to be sent for the security of Portsmouth There came news from the West that Generall Goring Sir Ralph Hopton and Sir Richard Greenvill had joyned together and falne upon that party that had relieved Taunton and forc't them to retire to Taunton in great disorder Upon the news of the taking of Leicester the Commons order that the straightning of Oxford be turned to a close siege Lieutenant Generall Cromwell was orderd toward Ely to prevent the Kings breaking into the associated Counties they like vise order the Earle of Leven to advance with the Scots Army and to joyne with Colonel Vermuden to prevent the Kings going Northward But upon second thoughts the Commons order the Generall to raise the siege at Oxford and to take care to preserve the associated Counties and fight the King The Generall on his removall viewed Bostoll House and ordred a party to besiege it He likewise sent a party of Horse and foote Commanded by Colonel Rainsborough to summon Gaunt House The Governour upon the first summons return'd answer that he liked not Windebanks Law but the next day Rainsborough having provided all things ready for a storme the Governour caused a parly to be beaten and surrenderd upon Quarter Lieutenant Generall Cromwell moving up and downe in Cambridge-shire Huntington and Ely managed his businesse with so much discretion as that he was able to have raised an Army of 12000 men to assist him in following the King But leaving those Counties in a posture of defence he marches toward the Generall with 600 Horse and Dragoones The King sends a party of Horse and faces Northampton he himselfe being at Harborough with the maine Body The King sends 1200 Horse with good store of Cattell and sheepe to Oxford which immediately returne Sir Thomas Fairfax came with the Army to Wotton thence to Glastenborough within five miles of Burrough hill where the Kings Forces were all drawne up in a readinesse The Generall for the Parliament advances from Gilling to Naseby endeavouring to ingage the Enemy the scouts discover that they were at Harborough and great bodyes of Horse appeared on the hills nigh Harborough he orders a Randevouz of the Army neere Naseby and to put them in such a posture that should the King advance toward them they might having the advantage of ground receive him By this time the Kings Army advances endeavouring to get the winde which occasioned Sir Thomas Fairfax to draw off the Army into a large fallow field toward the Northwest of Naseby which was defended on the right hand with a Hedge a place very convenient for a battell January 13. 1645. the King draws off from Burrough hill the scouts bringing Intelligence of the Parliaments Army approaching took up their quarters in Naseby Ireton with a flying party of Horse fell upon the flanke of the Enemy kild some and took diverse prisoners which so allarum'd the King that he posts to Harborough for better security summons a Councell of War and considerd that should they draw off and march to Leicester if the reare were ingaged the whole Army might be in danger and they could with no safety march with the Van till the Reare was secured whereupon it was resolv'd to give battell which was the most fatall and destructive to the King that ever hapned since the first beginning of the quarrell yet many of the principall Officers endeavoured to perswade to avoyd fighting The King Commanded the maine body The Right wing was Commanded by Prince Rupert and Prince Maurice The Left by Sir Marmaduke Langdale The Right Hand Reserve by the Earle of Lindsey and Sir Jacob Astley The Left by the Lord Bards and Sir George Lisle Sir Thomas Fairfax Commanded the maine Body Lieutenant Generall Cromwell the Right Wing Ireton the Left Prince Rupert falls in on the
Horse the next day he came to Windsor and was deliver'd up to the Governour who had Instructions not to permit him to be spoken with nor visited by any but by speciall order from Parliament or Generall Divers of the secluded Members were discharged by the Generall on the 23 of December The Commons order a Charge to be drawne up against the Capitall offenders of the Kingdome and amongst the rest the King was named Decem. 28 an Ordinance was brought into the House nominating divers persons to try the King which being tenderd to the Lords was refused Major Pitcher an Active stout man for the King having his life Granted on promise to goe out of the Land was apprehended and shot to death in St Pauls Church-yard The Commons seeing the Lords averse proceed themselves and agreed to the Commission brought in for Triall of the King and order the Commissioners to meete on Munday in the painted Chamber to consider of manner time and place January the9th the Lords Vote that the King could not commit Treason against the Common-wealth and order a Declaration to be drawne up of the Grounds and reasons of their rejecting the Commission for triall of the King and another That no Act of the Commons is binding without the consent of the Lords The Queene sent a Letter to both Houses craving leave to come over to visit her husband but it would not be Granted The Ministers of London though now too late came to the Generall at White Hall to declare their dislike of the proceedings which begat a High contest The Commons Adjourne part of Hillary Tearme in order to the Kings Triall Some Judges for dissenting from the Kings Triall are displaced Jan. 17. The Commissioners for Triall of the King meet in the painted Chamber and debated whether they should have in Court the Mace and Sword and accordingly it was Resolv'd to have both Mace and Sword the Sword alone being too terrible The Commons upon the Kings request Order Dr Juxson Bishop of London to attend him as Chaplain Proclamation was made in Westminster Hall and the Old Exchange for witnesses to come in against the King Fryday the 19 of January the King was brought from Windsor Castle and was met by a Regiment of Horse four miles from London and that night lodg'd at St James's The Kings Bench-Bar and Chancery were appointed for the Commissioners to sit in which were Rayled and Scaffolded in the midst was placed a Crimson Velvet Chaire for the President with a Desk before him on which lay a Crimson Velvet Cushon The Seates all Covered with Red Beneath was a Table with a Turky Carpet for the Carkes On saturday the 20 of January the King was brought with a strong Guard of foote through St James's Parke to White Hall and from thence was convay'd by water to Sir Robert Cottons House with a Guard of twenty Partesons The President Sargeant Bradshaw with his Traine held up before whom was Carried the Sword by Collonell Humphrys and the Mace by Sergeant Dandy after whom came seventy Commissioners the Councell was Mr Aske a Lawyer of the Inner Temple Dr Daureslaus a Civilian and Mr Cooke of Grays Inne was Solicitor Genenerall for the businesse The Court being sat the Commission by which they sat was Read together with the Commissioners names The President commanded the Sergeant at Armes to fetch in the Prisoner who immediately brought the King attended by a Guard of Partezons and placed him in a Chaire He was no sooner sat but with a sterne Countenance he viewed the Court Lookt up toward the Galleries and rising from his Chaire turn'd himselfe to behold the vast multitudes of Souldiers and others that were in the Hall It was further observable that at his Majesties first coming into the Court the top of his staff fell off which none stooping for he took up himselfe Silence being Commanded the Lord President told the King they were assembled by the Authority of the Commons of England to proceed to the Triall of Charles Stuart King of England who had betrayed the trust reposed in him by the people and Commanded the Charge to be read in Open Court which was to this effect That the said Charles Stuart being admitted King of England and Intrusted with a Limited power to Governe according to the Laws for the good and benefit of the people and preserving their Rights and Liberties yet neverthelesse out of a wicked designe to uphold himselfe by a Tyrannicall power according to his will thereby to overthrow the Rights and Liberties of the people yea thereby to make voyd the foundation thereof he the said Charles Stuart for accomplishing such wicked designes and for the protecting himselfe and his adherents in his and their wicked practices hath traiterously and maliciously Levied war against the present Parliament and the people therein represented Particularly upon or about the 13 day of June 1642 at Beverly in the County of York and at or upon the 13 day of July in the yeare aforesaid in the County and City of York and upon the 24 of August in the same yeare at the County of the Towne of Nottingham when and where he set up his Standard of War and on about the 23 of October in the same yeare at Edg-hill and Keinton field and upon or about at 13 day of November in the same yeare at Branford in the County of Middlesex and at or upon the 13 of August 1643 at Cavesham bridge neare Reading in the County of Berks and at our upon the 13 of October in the same yeare at or neare the City of Glocester and at or upon the 30 of November in the yeare last mentioned at Newbery in the County of Berks and at Crepida bridge the 13 of July 1644 and the third of September in the same yeare at Bodmin and other places neere adjacent in Cornwall and on the 30 day of November in the yeare last mentioned at Newbery aforesaid and on the 8 of June 1645 at the Towne of Leicester and also on the 14th day of the same moneth in the same yeare at Naseby field at which severall times and places or most of them and at many other places in the Land at severall other times within the yeares aforementioned as also in the yeare 1646 He the said Charles Stuart hath caused many thousands of the people of the Nation to be slaine by divisions partyes and Insurrections in the Land by Invasions from forraine parts endeavoured and procur'd by him and by many other evill wayes and meanes He the said Charles Stuart hath not onely maintain'd and carried on the said war by Land and Sea during the yeares aforementioned but hath also revived or caus'd to be revived the said war against the Parliament and the good people of the Nation this present yeare 1648 in the Counties of Kent Essex Sutry Sussex and Middlesex and in many other Counties in England and Wales and also by Sea And particularly
fatall day he prays and receives the Sacrament and at ten a Clock attended by a Regiment of foote and his Guard of Partisons with Bishop Juxson on one hand and Colonell Tomlinson on the other walks afoote through the Parke as they were going he bids them goe faster telling them he now went before them to strive for a heavenly Crowne with less solicitude then he had oftentimes bid his Souldiers to fight for an earthly Diadem he goes into his Cabinet Chamber at White Hall continuing in his devotions refusing to dine but about twelve a Clock he eat a bit of bread and drank a glasse of claret wine neere one of the Clock he was convey'd through the Banqueting-house and past through the great window upon the scaffold covered with black where he beheld two Executioners disguisd with vizards the Ax and Block ready which nothing affrighted him he addrest himself to Colonell Tomlinson as followeth I Shall be very little heard of any body else I shall therefore speak a word unto you here Indeed I could have held My peace very well if I did not think that holding My peace would make some men think that I did submit to the guilt as well as to the punishment But I think it is My duty to God first and then to My Countrey to clear My Self both as an honest man a good King and a good Christian I shall begin first with My innocency and in troth I think it not very needfull for Me to insist long upon this for all the World knows that I never did begin a War with the two Houses of Parliament and I call God to witnesse to whom I must shortly make an account that I never did intend to incroach upon their Priviledges they began upon Me it is the Militia they began upon they confest that the Militia was Mine but they thought it fit for to have it from Me and to be short if any body will look to the dates of Commissions of their Commissions and Mine and likewise to the Declarations he will see clearly that they began these unhappy troubles not I so that as for the guilt of these Enormous crimes that are laid against Me I hope that God will clear Me of it I will not for I am in charity 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 of this guilt but I believe that ill Instruments between them Me have been the chief cause of all this bloodshed so that as I finde My self clear of this I hope and 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 doth pay Justice by an unjust sentence that is ordinary I will only say this That an unjust * Earl of Strafford sentence that I suffered for to take effect is punished now by an unjust sentence upon Me so far I have said to shew you that I am an Innocent man Now for to shew you that I am a good Christian I hope there is * Poiating to Dr. Juxen B. of London a good man that will bear Me witnesse That I have forgiven all the World and even those in particular that have been the chief causers of My Death who they are God knows I doe not desire to know I pray God forgive them But this is not all My charity must goe further I wish that they may repent for indeed they have committed a great sin in that particular I pray God with St. Stephen That this be not laid to their charge and withall that they may take the right way to the peace of the Kingdom for My charity commands Me not only to forgive particular men but to endeavour to the last gasp the peace of the Kingdom So Sirs I doe wish with all My Soul Turning to some that wrote I see there are some here will carry it further that they may endeavour the peace of the Kingdom Now Sirs I must shew you both how you are out of the way and put you in a way first you are out of the way for certainly all the way you ever have had yet as far as I could finde by any thing is in the way of Conquest certainly this is an ill way for Conquest in My opinion is never just except there be a good and a just cause either for matter of wrong or a just Title and then if you goe beyond the first quarrel that you have that makes it unjust at the end that was just at first For if there be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that he was the great Robber himself was but a pety Robber and so Sirs I doe think for the way that you are in you are much out of the way Now Sirs for to put you in the way believe it you will never go right nor God will never prosper you untill you give God his due the King his due that is my Successour and the people their due I am as much for them as any of you You must give God his due by regulating rightly his Church according to the Scripture which is now out of order and to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when every opinion is freely and clearly heard For the King Indeed I will not the Laws of the Land will clearly instruct you for that therefore because it concerns My own particular I only give you a touch of it For the people Truly I desire their liberty and freedom as much as any body whomsoever but I must tell you That their liberty and their freedom consists in having Government under those Laws by which their Lives and their Goods may be most their own It is not in having a share in the Government that is nothing pertaining to them A Subject and a Soveraign are clean different things and therefore untill you doe that I mean That you doe put the people into that liberty as I say certainly they will never enjoy themselves Sirs It was for this that now I am hither come for if I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge That I am the Martyr of the people In troth Sirs I shall not hold you any longer I will only say this to you That I could have desired some little time longer because I would have put this that I have said in a little better order and have had it a little better digested then I have done and therefore I hope you will excuse Me. I have delivered my Conscience I pray