Beverley 3 Julii 1642. Tho. Gower Vi. Co. To all Head Constables and Constables in the East-Riding of the County of York and to all other His Majesties Loyal Subjects John Bennet of Harwood in the County of York Glover Sworn and Examined saith That he being a Soldier under the King's Command the first Day that the King's Standard was set up at Nottingham which was about the middle of Summer last was six years he this Examinant did work at Nottingham and that he did see the King within the Castle of Nottingham within two or three days after the said Standard was so set up and that the said Standard did fly the same day that the King was in the said Castle as aforesaid and this Deponent did hear that the King was at Nottingham the same day that the said Standard was first set up and before And this Deponent further saith That he this Deponent and the Regiment of which he then was had their Colours then given them and Sir William Penyman being the Colonel of the said Regiment the said Sir William Penyman was present with his said Regiment at that time And this Deponent further saith That there was then there the E. of Lindsey's Regiment who had then their Colours given them and that the said E. of Lindsey was then also Proclaimed there The King's General and that it was proclaimed then there likewise in the King's Name at the Head of every Regiment that the said Forces should fight against all that came to oppose the King or any of His Followers and in particular against the E. of Essex the Lord Brooke and divers others and that they the said E. of Essex and Lord Brooke and divers others were then proclaimed Traytors and that the same Proclamations were Printed and dispersed by the Officers of the Regiments throughout every Regiment And this Deponent further saith That the said Standard was Advanced upon the highest Tower of Nottingham Castle and that he this Deponent did see the King often in Nottingham at that time that the said Forces continued at Nottingham as aforesaid they continuing there for the space of one Month and that the Drums for raising Volunteers to fight under the King's Command were then beaten all the said County over and divers other Forces were raised there And this Deponent further saith That he did take up Arms under the King's Command as aforesaid for fear of being Plundered Sir William Penyman giving out that it were a good deed to Fire the said Town because they would not go forth in the King's Service and that this Deponent's Father did thereupon command him this Deponent to take up Arms as aforesaid and that divers others as they did confess did then also take up Arms for the King for fear of being Plundered And this Deponent further saith That in or about the Month of October 1642. he did see the King at Edge-Hill in Warwickshire where he sitting on Horseback while his Army was drawn up before him did speak to the Colonel of every Regiment that passed by him that he would have them speak to their Soldiers to encourage them to stand it and to fight against the L. of Essex the L. Brookes Sir William Waller and Sir William Balfour And this Deponent saith That he did see many slain at the Fight at Edge-Hill and that afterwards he did see a List brought in unto Oxford of the Men which were slain in that Fight by which it was reported that there were slain 6559 Men. And this Deponent further saith Afterwards in or about the Month of November 1642. he did see the King in the Head of his Army at Hounslow-Heath in Middlesex Prince Rupert then standing by Him And he this Deponent did then hear the King encourage several Regiments of Welshmen then being in the Field which had run away at Edge-Hill saying unto them That He did hope they would regain their Honour at Brentford which they had lost at Edge-Hill William Brayne of Wixhall in the County of Salop Gent. being Sworn and Examined deposeth That about August in the Year 1642. this Deponent saw the King at Nottingham while the Standard was set up and the Flagg flying and that he this Deponent much about the same time Marched with the King's Army from Nottingham to Derby the King himself being then in the Army And about September the said Year he this Deponent was put upon his Tryal at Shrewsbury as a Spy before Sir Robert Heath and other Commissioners of Oyer and Terminer the King then being in person in Shrewsbury Henry Hartford of Stratford upon Avon in Warwickshire Sworn and Examined deposeth That about Corn-Harvest in the Year 1642. this Deponent saw the King in Nottingham Castle while the Standard was set upon one of the Towers of the said Castle and the Flagg flying And he further saith and deposeth That he this Deponent saw the King the same Year about the Month of November in Brainford Town on Horseback with a great many Commanders about him on a Sunday Morning when on the Saturday Night before there were a great many of the Parliaments Forces slain by the Kings Forces in the said Town Robert Lacy of the Town and County of Nottingham Painter Sworn and Examined deposeth That he this Deponent in Summer-time in the Year 1642. by Order from my Lord Beaumont did Paint the Standard-Pole which was set up on the top of the old Tower of Nottingham Castle And he further saith That he saw the King in the Town of Nottingham diverse times while the Standard was up there and the Flagg flying and the King did lie at the House of my Lord of Clare in Nottingham Town and that he this Deponent did then and there see the King many times Edward Roberts of Bishop-Castle in the County of Salop Ironmonger Sworn and Examined saith and deposeth That he this Deponent saw the King in Nottingham Town while the Standard was set upon the High Tower in Nottingham Castle And he further saith That he saw the King at the Head of the Army at Shrewsbury upon the March towards Edge-Hill and that he likewise saw the King in the Reer of his Army in Keynton-Field and likewise saw the King upon the Sunday Morning at Brainford after the Fight upon the Saturday next before in the said Town Robert Loads of Cottam in Nottinghamshire Tyler Sworn and Examined saith That he this Deponent about October in the Year 1642. saw the King in the Reer of his Army in Keynton Field upon a Sunday where he saw many slain on both sides And he further saith That he saw the King in Cornwal in his Army near the House of my Lord Mohun about Lestithiel about Corn-Harvest 1644. Samuel Morgan of Wellington in Com. Salop Felt-maker Sworn and Examined deposeth That he this Deponent upon a Sunday Morning in Keynton-Field saw the King upon the top of Edge-Hill in the Head of the Army some two hours before the Fight which
in bright Armour in the said Town of Leicester David Evans of Abergenny in the County of Monmouth Smith Aged about twenty three years Sworn and Examined saith That about half an hour before the Fight at Naseby about Midsummer in June 1645. he saw the King marching up to the Battail in the Head of his Army being about half a mile from the place where the said Battail was fought Diogenes Edwards of Carston in the County of Salop Butcher Aged 21 years or thereabouts Sworn and Examined saith That in June 1645. he this Deponent did see the King in the Head of his Army an hour and a half before the Fight in Naseby Field marching up to the Battail being then a mile and a half from the said Field And this Deponent saith That he did afterwards the same day see many slain at the said Battail Giles Gryce of Wellington in Shropshire Gent. Sworn and Examined Deposeth That he this Deponent saw the King in the Head of his Army at Cropredy-Bridge with his Sword drawn in his Hand that day when the Fight was against Sir William Waller on a Fryday as this Deponent remembreth in the Year 1644 about the Month of Iuly and he further saith That he saw the King in the same Summer in Cornwall in the Head of his Army about Lestithiel at such time as the Earl of Essex was there with his Army And he further saith That he also saw the King in the Head of his Army at the second Fight near Newberry And further saith That he saw the King in the Front of the Army in Naseby Field having Back and Breast on And he further saith That he saw the King in the Head of the Army at what time the Town of Leicester was stormed and saw the King Ride into the Town of Leicester after the Town was taken and he saw a great many men killed on both sides at Leicester and many Houses Plundred John Vinson of Damorham in the County of Wilts Gent. Sworn and Examined saith That he did see the King at the First Newberry Fight about the Month of September 1643. in the Head of his Army where this Deponent did see many slain on both sides this Deponent also saith That he did see the King at the Second Battail at Newberry about the Month of November 1644. where the King was at the Head of his Army in Complete Armour with his Sword drawn and this Deponent did then see the King Lead up Colonel Thomas Howards Regiment of Horse and did hear him make a Speech to the Soldiers in the Head of that Regiment to this effect that is to say That the said Regiment should stand to him that Day for that his Crown lay upon the Point of the Sword and if he lost that Day he lost his Honour and his Crown for ever And that this Deponent did see many slain on both sides at that Battail This Deponent further saith That he did see the King in the Battail at Naseby Field in Northamptonshire on or about the Month of June 1645. where the King was then Completely Armed with Back Breast and Helmet and had his Sword drawn where the King himself after his Party was Routed did Rally up the Horse and caused them to stand and at that time this Deponent did see many slain on both sides George Seely of London Cordwainer Sworn and Examined saith That he did see the King at the Head of a Brigade of Horse at the Siege of Gloucester and did also see the King at the First Fight at Newberry about the Month of September 1643. where the King was at the Head of a Regiment of Horse and that there were many slain at that Fight on both sides This Deponent also saith That he did see the King at the second Fight at Newbery which was about November 1644. where the King was in the middle of his Army John Moore of the City of Corke in Ireland Gent. Sworn and Examined saith That at the last Fight at Newberry about the Month of November 1644. he this Deponent did see the King in the middle of the Horse with his Sword drawn and that he did see abundance of men at that Fight slain upon the ground on both sides This Deponent also saith That he did see the King ride into Leicester before a Party of Horse the same day that Leicester was taken by the Kings Forces which was about the Month of June 1645. This Deponent further saith That he did see the King before the Fight at Leicester at Cropredy-Bridge in the midst of a Regiment of Horse And that he did see many slain at the same time when the King was in the Fight at Cropredy-Bridge And Lastly this Deponent saith That he did see the King at the head of a Regiment of Horse at Naseby Fight about the Month of June 1645. where he did see abundance of men Cut Shot and slain Thomas Ives of Boyset in the County of Northampton Husbandman Sworn and Examined saith That he did see the King in his Army at the First Fight of Newberry in Berkshire in the Month of September 1643. and that he did see many slain at that Fight he this Deponent and others with a Party of Horse being Commanded to face the Parliaments Forces whilst the Foot did fetch off the Dead He saith also That he did see the King advance with his Army to the Fight at Naseby Field in Northamptonshire about June 1645. and that he did again at that Fight see the King come off with a Party of Horse after that his Army was Routed in the Field and that there were many Men slain on both parts at that Battail at Naseby Thomas Rawlins of Hanslop in the County of Bucks Gent sworn and examined saith That he did see the King near Foy in Cornwal in or about the Month of July 1644. at the Head of a Party of Horse and this Deponent did see some Soldiers plunder after the Articles of Agreement made between the King's Army and the Parliaments Forces which Soldiers were so plundered by the King's Party not far distant from the Person of the King Thomas Read of Maidstone in the County of Kent Gent. sworn and examined saith That presently after the laying down of Arms in Cornwal between Lestithiel and Foy in or about the latter end of the Month of August or the beginning of September 1644. he this Deponent did see the King in the Head of a Guard of Horse James Crosby of Dublin in Ireland Barber sworn and examined saith That at the first Fight at Newbury about the time of Barley-Harvest 1643. he this Deponent did see the King riding from Newbury Town accompanied with divers Lords and Gentlemen towards the place where his Forces were then fighting with the Parliaments Army Samuel Burden of Lyneham in the County of Wilts Gent. sworn and examined saith That he this Deponent was at Nottingham in or about the Month of August 1642. at which time he
and Collonel Sidney professeth boldly that he dies a Martyr that Old Cause in which he had from his Youth been trained up The Dissenters esteem him no less Now do I appeal to themselves if they do not think the Cause for which he Glories that he died a Martyr a Righteous Cause Nay and Gods Righteous Cause too If they do not think so why do they so zealously embrace and so far as they may without danger of the Laws encourage support and defend it by continuing so pertinaciously in their Separation the very Badge and distinguishing Character of those who have devoted themselves to it Most assuredly if they did not think so of it they would for ever abandon it And if they do think and believe that it is Gods Righteous Cause they will judge themselves under the most powerful Obligations in the World upon occasion offered to be assistant with their Persons or Purses to maintain it and even to fight the Lords Battels against the Mighty And were it possible to keep the Two Devils of Fear and Dissimulation from jogging their Elbows and pulling them by the Sleeves to make them conceal the depth of their Hearts I do strongly assure my self that they would boldly tell the World and proclaim it by the sound of Trumpet and beat of Drum That they esteem nothing they possess not their very Lives too precious if they may be instrumental in carrying on the Glorious Reformation of the Old Cause And here are the Dimensions of this late Conspiracy the depth and breadth of the Plot which Walcot mentions which is not one hairs breadth narrower or one inch shallower than the united Strength Power and Interest of the whole Faction of the Dissenters who would once again have adventured not only Bodkins and Thimbles Plate Money Horses and Arms but their Lives also to set up this Golden Calf of their Old Cause had not God been more Gracious and Merciful to them and the whole Nation than to suffer them by Success in this Wicked Enterprize to run headlong to our Ruine and their own Damnation Let it suffice That all Wise Men know that the strength of this detestable Conspiracy was built upon no other Foundation than the Hopes and Confidence which the Traytors had from some of the Principal of them of the Assistance the Vigorous Unanimous Assistance of the Dissenters and that all Good Honest and Loyal men believe it nay that they who seem most to dispute or doubt it are conscious to themselves of their own good wishes not only to the Principal Traytors but even to the Treason and since it is well known they have long ago abandoned all shame for such Imputations nothing but the disappointment of their hopes and expectations could be the Cause of that Universal damp consternation amazement and dejection which were so visibly painted in their Faces that one might know them by those Marks from other men as they walk't the Streets And though they are somthing recovered out of the trance of their Sorrows and have reassumed some part of their wonted courage and confidence yet even that courage betrays their guilt whilest they wholly imploy it to discredit all belief of the truth of this Conspiracy And it is almost impossible to give a more infallible Demonstration for the certainty of any thing in this World than for this and that they must of necessity be in some sort or other Guilty themselves who Ridicule Extenuate Palliate Applaud Justifie and use all the Arts imaginable not only to make their Party appear Innocent but to make the whole Plot an Artifice and a Contrivance and to arraign the Supreme Power and the Justice of the Nation as Guilty by the Condemnation and Execution of the Principal Traytors and Accomplices in the Treason And certainly they have no thoughts of abhorrence and detestation of such black and execrable Villanies nor any intentions to abandon them who do so warmly hugg and cherish the only Cause of this and so many other Treasons Plots and Conspiracies both against the late King and his present Majestie their wicked Principle of Separation which is the Mother of all those Seditions Insurrections and Rebellions which to their cost these Nations have so often felt For when Men have once separated themselves from the Ecclesiastical they do at the same instant cut the Cords and Ligaments of Obedience to the Civil Government they by usurping Soveraign Power to dispense with the Obligation of any one Law bid open defiance to the very Essence of all Laws and without the consent of King Lords and Commons undertake to Abrogate Repeal and make not only void but unlawful and unjust and intolerable such Acts of Parliament as were by the Common Consent of the King and the Three Estates of the Realm Enacted to retain the Subjects in their due Obedience and cannot without shocking the very Foundations of the Government be cancelled by any other Authority than that which at first gave them being So that they are in actual Rebellion even at the first step though not in actual Arms and open Hostility against the King the Laws and the very Constitution and Life of the Government which consists in the Power and Authority of making Laws and exacting Obedience to them Now this disobedience to the Laws and thereby disowning the Authority which made them naturally leads the transgressors to fear the Penalties of those Laws which they have violated and to dread the threatning edge of the Sword of Justice the Guardian of those Laws with which the Supreme Magistrate is by God intrusted to punish the Disobedient and preserve the Peace and Tranquillity of Human Society Now Fear is only so much the Elder Brother of Hatred as Esau was to Jacob that smooth Supplanter ever lays hold of the Heel of its hairy Brother and when men are once advanced to hate what they fear they do immediately proceed to wish desire and indeavour to put themselves out of the reach of danger from what they both fear and hate When these two Passions thus adopted into the Family of Religion have once taken full possession of Mens Minds it is not long before they Precipitate them into the Search of all Ways and Contrivances how to secure themselves which because they cannot immediately obtain they presently fall to accusing the Laws of Injustice and the Magistrates of Tyranny and Persecution that so their disobedience may find a Refuge under the shelter of their pretended Innocence for which they can have no other Foundation but the Charging the Laws themselves with want of Equity and Justice Nor is the Government only to be thus accused as unrighteous and despised as unjust and obedience to its Laws renounced as unlawful but their fear and hatred put them upon all the Out-side Acts of Hypocritical Piety and dissembled Sanctity that by them they may win both Pity and gain a Party and so intrench themselves in the Fortifications of Numbers hoping for
reason to complain For as to the Motions of the Presbyterians for Reformation in Church Government in the whole First there is much Self-seeking for to what end is it motioned to have Parish-Ministers raised up to an equal Height as it were of Power and Authority with the Bishops but that They and the Bishops together keeping from the people their Rights and Liberties in the Gospel may equally Lord it and do what they please without control But our hope is that the Parliament being Men in whom the Lord hath put Wisdom and Understanding will for their Brethren and Companions sake yea and for their own Souls sakes too prudently foresee the Evil and prevent the Motion and not put Authority into their hands who will be if they have it as great Persecutors of the Saints as the Prelates formerly have been and so instead of one Lordly Domineering Bishop in a Diocess we shall then have one in every Parish and in some more to oppress and suppress all such as walk up to their Light more Closely and Conscionably in all Gods ways and what we speak we speak no more than what we have had woful Experience of and can make good by Proof But in the next place we cannot but take notice of their mixing of Heaven and Earth together motioning for a Discipline which is a very Hotch-Potch a Gallimaufrey compounded of Episcopacy Presbytery and Popery thinking in likelyhood to please all sides by framing like the Samaritans a Worship of Sundry Religions But the Lord sees their Halting and will one day reward them for it in their own bosoms as they have deserved and for these Reasons we desire the removing of this devised Liturgy and Hierarchy and that Christs true Ministry Worship and Government may be established by Act of Parliament Petition of the Independents supra citat Presbyt But when you have Petitioned you do not Acquiesce in the Wisdom and Justice of the two Houses who would have you quietly to attend the intended Reformation which they hope to perfect ere long by those Arms which they have raised to rescue the King from the Hands of his Evil Councellors and bring him back to his Great Council the Parliament Indep Alas Alas What do you tell us of Acquiescing What Favour can tender Consciences expect from Rigid Presbyterians who are resolved to set up their Discipline above all Power and to enslave both King and People Presbyt What can they expect but a Kingdom of Righteousness and that the King should be made the most Glorious King in Christendome as his Parliament hath promised him That the Parliament should injoy their Priviledges the People their Liberties and be freed from Monopolies Ship-money and the Antichristian Yoke of Prelacy and a National Church-Government according to the Word of God and the Solemn League and Covenant be established Indep Ah Sir From thence arise all our Fears Which are notably confirmed from former Experiences wherever Presbytery hath obtained Power For as to the King he must never flatter himself with any hopes from the Presbyterians Their Government carries such a special Enmity against Monarchy That whosoever will Found the one must rase the Fundamentals of the other For this little upstart Hierarchy can be little acknowledged where Kingly Power is This Epidemical Pest of Scotland was baptized by their Charity into a National Form in the Minority of King James when the great Lords and Clergy ruling all divided Stakes so that when he came at age and thought to grasp a Scepter he found a Manacle for it had consumed the Monarchie to a Skeleton the unlimited Power of the Convention of Estates and General Assembly especially like the Rod of Aaron was such a budding Evil that it devoured the Rod of Moses For where they prevail they will allow the King nothing but a Name without Substance the Bishops neither Name nor Substance And as for the People they must expect no more favour from them than the Prince For they leave the Lords and Gentry nothing but Slavery and the Commons Tyranny under the meanest of their fellow-Subjects And to say truth Solomon's great Vanity is a Prime Mystery of Presbyterian Government Servants on horseback and Princes on foot for they assert That Magistrates of what Degrees or Rank soever ought to use the Sword as they advise or command and compel others to submit to the Decree of the General Assembly And with what furious violence did they press their Covenant sequestring all that refused to take it So that they tread down all by a Moarnival or Two of Tyrants no less Monstrous perhaps for Pride than Ignorance in every Parochial Inquisition And should their Government be established in England for 24 Diocesses we should have 1000 Presbyteries besides the Torture of Classes Provincial Juntos Synods Assemblies And how many of the Clergy must be called off from their Charges to take upon their shoulders the Weight of Government which was their only Argument against the Bishops And certainly Tyranny is more supportable in a few than many hands and there is nothing to be expected but a fiery Tryal where the Furnace of Discipline is so excessively heated as it is by the Presbyterians there being in one Ordinance of theirs about the Lord Supper no less than Eighty sins named excluding the Persons accused of any one of them from it all which are left to the Malice of their Elders to accuse as they did Susanna So that a Citizen shall not dare to dispose of his Estate wear good Apparrel get ten twenty or thirty per Cent. by Lawful ways of Trade without the leave of the Elders And then for the Men of the Long Robe what will become of them For all matters of Controversie will come before the Consistory And after all this Lay-Eldership is a meer decoy the Preaching Presbyters will do all and the other must stand or fall according to his Report at the General Assembly The Case of the Kingdom Stated by M. N. Shewing the several Interests Printed 1647. Presbyt Kings and Parliaments have found a Notable Advocate of you I have heard your Party speak other Language even the most Wicked Blasphemies against this Reforming Glorious Parliament And to what purpose are your Fawning Applications to them whose Authority you do not own Pray do but hear this Paper read Upon sight and consideration of the Votes of Parliament Dated Die Veneris 20 Februarii 1645 and upon the Ordinance Dated Sabbati 14 Martii 1645. Intituled an Ordinance of the Lords and Commons Assembled in Parliament for keeping of Scandalous Persons from the Sacrament of the Lords Supper the enabling of Congregations for the choice of Elders and supplying defects in former Ordinances and Directions of Parliament concerning Church-Government Resolved by Tender Conscience with the consent of Gods Holy Word and Spirit assembled together That the Word of the Lords and Commons assembled in Parliament without the Word of the Lord of Heaven
prosecute the Charge against the King according to the Act of the Commons Assembled in Parliament in that behalf and in particular the Court did appoint Mr. Steel Attorney and Mr. Cooke Solicitor to take care thereof And the Act for Constituting the said Court was ordered to be transcribed and delivered to the said Councel which was done accordingly Mr. Love Mr. Lisle Mr. Millington Mr. Garland Mr. Marten Mr. Tho. Challoner Sir John Danvers and Sir Henry Mildmay or any two of them are appointed a Committee to consider of all circumstances in matter of order and method for the carrying on and managing the Kings Tryal and for that purpose to advise with the Councel assigned to prove the Charge against the King and to make Report therein the next Sitting and the care of the business is particularly recommended to Mr. Love Edward Dendy Serjeant at Arms made return of the Precept of the Eighth instant for Proclaiming the Sitting of the Court which was received the said Serjeant Dendy having Proclaimed the same by the sound of Trumpet in Westminster Hall as also at the Old Exchange and in Cheapside Edward Dendy Serjeant at Arms is appointed Serjeant at Arms to attend the said Court Mr. John King is appointed Cryer of the said Court The Court having thus made preparations for the said Tryal during all which time they sate private the doors are now opened for all parties that had any thing to do there to give their attendance Three Proclamations being made by the Cryer the Act for constituting the said Court was openly read and the Court called the Commissioners present were as before-named The Commissioners that were absent were ordered to be summoned to attend the said Service and Summons were issued forth accordingly The Court Adjourned it self till Fryday Jan. 12 th at Two of the Clock in the Afternoon to the same place Januarii 12 1648. At which time the Commissioners Present were as after-named Die Veneris 12 Januarii 1648. Painted Chamber Commissioners Present Oliver Cromwell Esq Sir John Danvers Thomas Hammond Esq Peregr Pelham Esq Herbert Morley Esq James Temple Esq William Say Esq John Huson Esq Sir John Bourchier Kt. John Bradshaw Serj. at Law Gilbert Millington Esq John Moore Esq John Brown Esq John Fry Esq Sir Hardress Waller Kt. Adrian Scroope Esq Thomas Challoner Esq Thomas Pride Esq John Lisle Esq Owen Roe Esq Thomas Scot Esq John Jones Esq John Carew Esq John Fagg Esq Henry Marten Esq John Blackistone Esq John Dove Esq Henry Smith Esq John Ven Esq John Downs Esq Nicholas Love Esq Thomas Harrison Esq John Berkstead Esq With divers more Serjeant Bradshaw upon special Summons attended this Court being one of the Commissioners thereof and being according to former Order called to take his place of President of the said Court made an earnest Apology for himself to be excused but therein not prevailing in obedience to the Commands and Desires of this Court he submitted to their Order and took place accordingly and thereupon the said Court Ordered concerning him as followeth viz. That John Bradshaw Serjeant at Law who is appointed President of this Court should be called by the Name and have the Title of Lord President and that as well without as within the said Court during the Commission and Sitting of the said Court Against which Title he pressed much to be heard to offer his Exceptions but was therein over-ruled by the Court. Mr. Andrew Broughton attended according to former Order and it was thereupon again Ordered That Andrew Broughton and John Phelpes Gent. be and they are hereby constituted Clerks of the said Court and enjoyned to give their Attendance from time to time accordingly Ordered That the Councel assigned or such as They or any of Them shall appoint shall have power to search for all Records and Writings concerning the King's Tryal and to take into their custody or order the producing of all such Records and Papers or Copies thereof by any Clerk or other Person whatsoever at or before the said Tryal as they shall judge requisite the Said Councel giving a Note under their Hands of their Receipt of all such Original Books and Papers which they shall so take into their custody And that the said Councel shall have power to send for such person or persons at or before the said Tryal and to appoint by Writing under their Hands their Attendance for the Service of the State in this Business as they shall think requisite requiring all Persons concerned to yield Obedience thereunto at their perils Sir Hardress Waller Knight and Col. Harrison are Ordered to desire the Lord General from time to time to appoint sufficient Guards to attend and guard the said Court during their Sitting Ordered That Col. Tichbourne Col. Roe Mr. Blackistone and Mr. Fry Members of this Court shall and do make Preparations for the Tryal of the King That it may be performed in a Solemn Manner and that they take care for other necessary Provisions and Accommodations in and about that Tryal and are to appoint and command such Workmen in and to their Assistance as they shall think fit Mr. Love Reporteth from the Committee appointed Jan. 10 th instant to consider of the Circumstances in Matters of Order for Tryal of the King And it is thereupon Ordered That in managing the Proceedings in Open Court at the time of the King's Tryal none of the Court do speak but the President and Councel and in case of any Difficulty arising to any one that he speak not to the Matter openly but desire the President that the Court may please to Advise By which Order it is not intended that any of the Commissioners be debarred at the Examination of any Witness to move the Lord President to propound such Question to the Witness as shall be thought meet for the better disquisition and finding out of the Truth Ordered That there shall be a Marshal to attend this Court if there be cause Ordered That the Lord President and Councel do manage the Tryal against the King according to Instructions to be given them by the Court and that the Committee for considering of all circumstances for the managing of the King's Trial do consider of Rules and Instructions in that behalf and are to consult with the Councel and address themselves to the Lord President for Advice in the Premises Ordered That the Councel do bring in the Charge against the King on Monday next The Committee for considering of the Circumstances of Order for the King's Trial together with Sir Hardress Waller Col. Whaley Mr. Scot Col. Tichbourne Col. Harrison Lieut. Gen. Cromwell and Col. Deane are appointed to consider of the place for Trying the King and make Report to morrow in the Afternoon and are to meet to morrow Morning in the Inner Court of Wards at Nine of the Clock and who else of the Court please may be there The Court Adjourned it self till the Morrow in the Afternoon at
before the said Lodging-Chamber be for the King's Dining-Room and that a Guard consisting of Thirty Officers and other choice Men do always attend the King who are to attend him at his Lodging above Stairs and that Two of the said Thirty do always attend in his Bed-Chamber That Place for a Court of Guard for 200 Foot-Soldiers be built in Sir Robert Cotton 's Garden near the Water-side That Ten Companies of Foot be constantly upon the Guards for securing Sir Robert Cotton's House and those Companies to be Quartered in the Court of Requests the Painted Chamber and other necessary Places thereabouts That the Passage that cometh out of the Old Palace into Westminster-Hall be made up at the Entrance of the said Passage next the said Guard That the top of the Stairs at the Court of Wards Door have a cross Barr made to it That the King be brought out of Sir Robert Cotton's House to his Tryal the lower way into Westminster-Hall and so brought to the Barr in the Face of the Court attended by the above-said Guard above Stairs That Two Rayls of about forty foot distance from the Place where this Court shall Sit in Westminster-Hall be made cross the said Hall for the effectual and substantial doing whereof this Court do refer it to the care of the Committee appointed to consider of the manner of bringing the King to Tryal who are likewise to take care for raising the Floor in such part of the Hall as they shall think fit for placing of the Guards and that a Rayl or Rayls from the Court down to the Hall-Gate be made in such manner as they shall think fit on the Common-Pleas side to keep the People from the Soldiers That there be â—â—ards set upon the Leads and other places that have Windows to look into the Hall That the General be desired from time to time to send and appoint convenient Guards of Horse for the convenient Sitting of the Court. That Twenty Officers or other Gentlemen do attend upon the Lord President from time to time to and from this Court through Westminster-Hall That the Officers of the Ordnance do send unto this Court 200 Halberts or Partizans lying within the Tower of London for the Arming of the Guards that are to attend this Court That at the time of the Tryal of the King the Commissioners do before their Sitting in the Court meet in the Exchequer-Chamber and do from thence come up the Hall into the Court. That all Back-doors from the House called Hell be stopt up during the Kings Tryal That Lodgings be prepared for the Lord President at Sir Abraham Williams 's House in the New Palace-Yard during the Sitting of this Court and that all Provisions and Necessaries be provided for his Lordship That Sir Henry Mildmay Mr. Holland and Mr. Edwards do take care for providing all Provisions and Necessaries for the King during his Tryal That Sir Henry Mildmay Mr. Holland and Mr. Edwards do likewise take care for all Necessaries for the Lord President Ordered That the Committee for considering of the manner of bringing the King to Tryal do consider what Habits the Officers of this Court shall have who are to advise with some Heralds at Arms therein and concerning the Ordering of the said Officers That a Sword be carried before the Lord President at the Tryal of the King That John Humphreys Esq do bear the Sword before the Lord President That a Mace or Maces together with a Sword be likewise carried before the Lord President This Court doth Adjourn it self to Three of the Clock in the Afternoon Jan. 17. 1648. Post Meridiem Three Proclamations The Court is cleared of Strangers and they sit private The Charge against the King is presented by the Councel and Ordered to be re-committed to the Committee appointed for Advice with the Councel concerning the Charge against the King who are to contract the same and fit it for the Courts proceeding thereupon according to the Act of Parliament in that behalf And the same Committee are likewise to take care for the King 's coming to Westminster to Tryal at such time as to them shall seem meet and Lieutenant Gen. Cromwell is added to the said Committee and the Councel are to attend this Court with the said Charge to morrow at Two of the Clock in the Afternoon and thereupon Ordered That the Committee for Considering of the manner of bringing the King to Tryal do meet to Morrow Morning at Eight of the Clock in the Exchequer-Chamber The Court Adjourned it self till the Morrow at Two of the Clock in the Afternoon to the same Place Jovis 18 Jan. 1648. Three Proclamations made Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Edward Whalley Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Bar. Sir Hardress Waller John Berkstead John Blackistone Sir William Constable John Hutchinson Robert Tichbourne Cornelius Holland John Moore Richard Deane John Okey Thomas Hammond John Carew William L. Mounson John Huson Thomas Pride William Cawley Henry Smith Peter Temple Thomas Wogan George Fleetwood Francis Lassels Adrian Scroope Peregrine Pelham John Fry Sir Gregory Norton Humphrey Edwards John Venn William Purefoy Simon Meyne John Browne Herbert Morley Here the Court sit private Col. Tichbourne one of the Commissioners of this Court informeth the Court that he was with Mr. Steel Attorney of this Court and found him in his Bed very sick and by reason thereof not like to attend yet the Service of this Court according to former Order and desired him the said Colonel to signifie that he the said Mr. Steel no way declineth the Service of the said Court out of any disaffection to it but professeth himself to be so clear in the Business that if it should please God to restore him he should manifest his good Affection to the said Cause and that it is an addition to his Affliction that he cannot attend this Court to do that Service that they have expected from him and as he desires to perform The Court Adjourned it self till to morrow Two of the Clock in the Afternoon Veneris 19 Jan. 1648. Three Proclamations The Court called openly The Commissioners Present John Bradshaw Serjeant at Law Lord President Henry Ireton Sir Hardress Waller Knight Thomas Harrison Edward Whalley Isaac Ewers William Lord Mounson Sir John Danvers Sir Thomas Maleverer Bar. Sir John Bourchier Kt. William Heveningham William Purefoy John Barkstead John Blackistone Gilbert Millington John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Huson Cornelius Holland John Jones Peregr Pelham Thomas Challoner Algernon Sydney William Say Francis Lassells Henry Smith Humphrey Edwards John Fry Sir Gregory Norton Bar. John Dove Thomas Scot. William Cawley Thomas Horton John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple John Brown John Okey William Goffe John Carew Here the Court sate private Col.
of the Clock declaring that from thence they intended to Adjourn to the same Place again But that the Reader may have the entire Relation of this deplorable Tragedy I have from the most Authentick Prints inserted at large the interlocutory Passages between the King and Bradshaw of which Mr. Phelpes in his Journal gives only a succinct Account which take as follows His Majesty with his wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the Pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved Countenance and sometimes smiling especially at those Words Tyrant Traytor and the like Also the Silver Head of his Staff happened to fall off at which he wondered and seeing none to take it up He stooped for it himself The Charge being read Bradshaw began Sir You have now heard your Charge read containing such Matters as appear in it You find that in the Close of it it is prayed to the Court in the behalf of the Commons of England that you Answer to your Charge The Court expects your Answer King I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer Story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much Publick Faith as its possible to be had of any People in the World I Treated there with a number of Honourable Lords and Gentlemen and Treated honestly and uprightly I cannot say but they did very Nobly with Me We were upon a Conclusion of the Treaty Now I would know by what Authority I mean Lawful There are many Vnlawful Authorities in the World Thieves and Robbers by the High-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what Lawful Authority I shall Answer Remember I am your King your Lawful King and what Sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one Sin to a greater Therefore let me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray my Trust I have a Trust committed to me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve me that and you shall hear more of me Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the Name of the People of England of which you are Elected King to Answer King No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed King I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand Years Therefore let me know by what Authority I am called hither I do stand more for the Liberty of my People than any here that come to be my pretended Judges and therefore let me know by what lawful Authority I am seated here and I will Answer it otherwise I will not answer it Bradshaw Sir How really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this condition You have been told of it twice or thrice King Here is a Gentleman Lieut. Col. Cobbet ask him if he did not bring me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Priviledge of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to his Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir You have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take Charge of you back again The Court desires to know whether this be all the Answer you will give or no. King Sir I desire that you would give me and all the World satisfaction in this Let me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and my Country and I will do it to the last breath of my Body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an Vsurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie me in that and I will answer otherwise I betray my Trust and the Liberties of the People And therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any other ways Vnlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive my Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their Purpose is to Adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work King For Answer Let me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in Your Apprehension We are satisfied that are your Judges King 'T is not My Apprehension nor Yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take him away His Majesty only replied Well Sir And at his going down pointing with his Staff toward the Axe He said I do not fear that As He went down the Stairs the People in the Hall cried out God save the King notwithstanding some were set there by the Faction to lead the Clamour for Justice Painted Chamber 22 Jan. 1648. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court William Say John Downs Edward Whaley
Francis Allen. Sir Tho. Maleverer Bar. Valentine Wauton Peter Temple John Fry Thomas Scot. Henry Smith Thomas Pride Augustine Garland John Venn Sir John Bourchier William Purefoy Sir William Constable Bar. Isaac Pennington Ald. of Lond. Thomas Harrison Edmund Harvey John Hutchinson Oliver Cromwell Thomas Lord Grey of Groby Sir Gregory Norton Bar. Robert Wallop James Temple Owen Roe Richard Deane William Goffe Francis Lassels Edmond Ludlow William Cawley Gilbert Millington Sir Hardress Waller Anthony Stapeley John Jones Nicholas Love John Carew Tho. Andrews Ald. of Lond. Isaac Ewers John Huson Cornelius Holland Humphrey Edwards Vincent Potter John Okey John Blackistone Thomas Hammond Daniel Blagrave William Heveningham Sir Michael Livesey John Berkstead Peregrine Pelham John Downes Adrian Scroope John Dixwell John Moore Robert Tichbourne James Challoner Gregory Clement William L. Mounson Henry Marten Tho. Challoner Here the Court sit private Ordered That the Committee for nominating the Officers of this Court together with the Committee for nominating the Guards do consider of an Allowance for Diet of the Officers and what other satisfaction they shall have for their Service Col. Harvey informeth the Court That he was desired to signifie unto this Court in the behalf of Mr. John Corbet Member of this Court that his absence is not from any disaffection to the Proceedings of this Court but in regard of other especial Employment that he hath in the Service of the State Here the Court considered of the King's Carriage on the Saturday before and of all that had then passed on the Courts behalf and approved thereof as agreeing to their Sense and Directions and perceiving what the King aimed at viz to bring in question if he could the Jurisdiction of the Court and the Authority whereby they sate and considering that he had not in the interim acknowledged them in any sort to be a Court or in any Judicial capacity to determine of his Demand and Plea and that through their sides he intended to wound if he might be permitted the Supream Authority of the Commons of England in their Representative The Commons Assembled in Parliament after Advice with their Councel Learned in both Laws and mature Deliberation had of the Matter Resolved That the Prisoner should not be suffered to bring these things in question which he aimed at touching that Highest Jurisdiction whereof they might not make themselves Judges and from which there was no Appeal And therefore Order and Direct viz. Ordered That in case the King shall again offer to fall into that Discourse the Lord President do let him know That the Court have taken into consideration his Demands of the last Day and that he ought to rest satisfied with this Answer That the Commons of England Assembled in Parliament have Constituted this Court whose Power may not nor should not be permitted to be disputed by him and that they were resolved he should answer his Charge That in case he shall refuse to Answer or acknowledge the Court the Lord President do let him know that the Court will take it as a Contumacy and that it shall be so Recorded That in case he shall offer to Answer with a Saving Notwithstanding of his pretended Prerogative That the Lord President do in the Name of the Court refuse his Protest and require his Positive Answer to the Charge That in case the King shall demand a Copy of the Charge that he shall then declare his intention to Answer and that declaring such his intention a Copy be granted unto him That in case the King shall still persist in his Contempt the Lord President do give Command to the Clerk to demand of the King in the Name of the Court in these Words following viz. CHARLES STUART King of England You are accused in the behalf of the People of England of diverse High Crimes and Treasons which Charge hath been read unto You The Court requires you to give a Positive Answer whether You confess or deny the Charge having determined that You ought to Answer the same Ordered That the Commissioners shall be called in open Court at the Courts Sitting in the Hall and that the Names of such as appear shall be Recorded Hereupon the Court forthwith Adjourned it self into Westminster-Hall Westminster-Hall 22 Jan. 1648. Post Merid. The Commissioners coming from the Painted Chamber take their Place in the Publick Court in Westminster-Hall as on Saturday before and being sate and the Hall Doors set open Three Proclamations are made for all Persons that were Adjourned over to this time to give their Attendance and for all Persons to keep Silence upon pain of Imprisonment The Court is thereupon called Commissioners Present in Westminster-Hall 22 Jan. 1648. John Bradshaw Serjeant at Law Lord President of this Court William Say John Lisle Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whaley Thomas Pride Isaac Ewer Tho. Lord Grey of Groby William L. Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. Edmund Ludlow John Huson William Goffe Cornelius Holland John Carew Robert Lilbourne John Jones Francis Allen. Peregrine Pelham Thomas Challoner John Moore John Aldred Francis Lassels Henry Smith James Challoner Gregory Clement John Fry Thomas Wogan Peter Temple Robert Wallop William Heveningham Isaac Pennington Ald. of Lond. Henry Martin William Purefoy John Berkstead William Tomlinson John Blakistone Gilbert Millington Sir William Constable Bar. Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Deane John Okey John Hutchinson Sir Gregory Norton Bar. Edmond Harvey John Venn Thomas Scot. Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond Nicholas Love Vincent Potter Sir Gilbert Pickering Bar. Augustine Garland John Dixwell James Temple Daniel Blagrave Humphrey Edwards The Court being called the Serjeant is commanded to fetch his Prisoner The King is again brought Prisoner to the Bar as on Saturday before Proclamation is made for Silence whilst Pleas of the Commonwealth were in hand and Order given to the Captain of the Guard to take into his Custody such as should disturb the Court. Mr. Sollicitor moved the Court that the Prisoner might give a Positive Answer to his Charge or otherwise that the Court would take the Matter of it pro Confesso and proceed thereupon according to Justice which being pressed by the Court upon the Prisoner and their Judgment again made known unto him That he was to Answer his Charge otherwise that his Contumacy would be recorded The Prisoner that notwithstanding still insisted upon his former Plea and that the Court had no Power nor the Commons of England who had constituted it to proceed against him upon which the Clerk of the Court by Command and according to former Order required his Answer in the Form prescribed and the Prisoner still refusing to submit thereto his Default and Contempt were again Recorded the Prisoner remanded and the Court Adjourned it self till the
happened after Michaelmas on a Sunday the Year 1642. And he this Deponent saw many men killed on both sides in the same time and place And he further saith That in the Year 1644. he this Deponent saw the King in his Army near Cropredy-Bridge where he saw the King light off his Horse and draw up the Body of his Army in person himself James Williams of Ross in Herefordshire Shoemaker Sworn and Examined deposeth That he this Deponent about October the Year 1642. saw the King in Keynton-Fields below the Hill in the Field with his Sword drawn in his hand at which Time and Place there was a great Fight and many kill'd on both sides And he further deposeth That he saw the King at Brainford on a Sunday in the Forenoon in November the Year abovesaid while the King's Army was in the said Town and round about it John Pyneger of the Parish of Hainer in the County of Derby Yeoman Aged 37 Years or thereabout Sworn and Examined saith That about August 1642. he the Deponent saw the King's Standard flying upon one of the Towers of Nottingham Castle and that upon the same day he saw the King in Thurland-House being the Earl of Clare's House in Nottingham in the Company of Prince Rupert Sir John Digby and other Persons both Noblemen and others and that the King had at the same time in the said Town a Train of Artillery and the said Town was then full of the King's Soldiers Samuel Lawson of Nottingham Maltster Aged Thirty Years or therabouts Sworn and Examined saith That about August 1642. he this Deponent saw the Kings Standard brought forth of Nottingham Castle born upon diverse Gentlemens Shoulders who as the Report was were Noblemen and he saw the same by them carried to the Hill close adjoyning to the Castle with a Herald before it and there the said Standard was Erected with great Shoutings Acclamations and Sound of Drums and Trumpets and that when the said Standard was so Erected there was a Proclamation made and that he this Deponent saw the King present at the Erecting thereof And this Deponent further saith That the said Town was then full of the Kings Soldiers of which some quartered in this Deponents House and that when the King with his said Forces went from the said Town the Inhabitants of the said Town were forced to pay a great sum of money to the Kings Army being threatned that in case they should refuse to pay it the said Town should be plundred Arthur Young Citizen and Barber Chirurgeon of London being Aged twenty nine Years or thereabouts Sworn and Examined saith That he this Deponent was present at the Fight at Edge-Hill between the King's Army and the Parliaments in October 1642. and he did then see the King's Standard advanced and flying in his Army in the said Fight And that he this Deponent did then take the King 's said Standard in that Battel from the Kings Forces which was afterwards taken from him by one Middleton who was afterwards made a Colonel Thomas Whittington of the Town and County of Nottingham Shoemaker Aged twenty two Years sworn and examined saith that he this Deponent saw the King in the Town of Nottingham the same day that his Standard was first set up in Nottingham Castle being about the beginning of August 1642. and that the King then went from his Lodgings at Thurland House towards the said Castle and that he this Deponent saw him several times about that time in Nottingham there being divers Soldiers at that time in the said Town who were called by the name of The King's Soldiers And this Deponent further saith that he saw the King's Standard flying upon the Old Tower in the said Castle John Thomas of LLangollen in the County of Denbigh Husbandman Aged twenty five Years or thereabouts sworn and examined saith that he saw the King at Brainford in the County of Middlesex on a Saturday Night at twelve of the Clock soon after Edge-Hill Fight attended with Horse and Foot Soldiers the King being then on Horseback with his Sword by his side and this Deponent then heard the King say to the said soldiers as he was riding through the said Town Gentlemen You lost your Honour at Edge-Hill I hope you will regain it again here or Words to that effect And this Deponent further saith that there were some skirmishes between the King's Army and the Parliament's Army at the same time both before and after the King spake the said Words and that many men were slain on both sides Richard Blomfield Citizen and Weaver of London Aged thirty five Years or thereabouts sworn and examined saith that at the Defeat of the E. of Essex's Army in Cornwal he this Deponent was there it being at the latter end of the Month of August or beginning of September 1644. At which time he this Deponent saw the King at the Head of his Army near Foy on Horseback And further saith that he did then see divers of the L. of Essex's Souldiers plundered contrary to Articles then lately made near the person of the King William Jones of Vske in the County of Monmouth Husbandman Aged twenty two Years or thereabouts sworn and examined saith That he this Deponent did see the King within two Miles of Naseby-Field the King then coming fromwards Harborough Marching in the Head of his Army towards Naseby-Field where the Fight was and that he this Deponent did then see the King ride up to the Regiment which was Col. St. Georges and there the Deponent did hear the King ask the Regiment Whether they were willing to fight for him To which the Soldiers made an Acclamation crying All All. And this Deponent further saith that he saw the King in Leicester with his Forces the same day that the King's Forces had taken it from the Parliaments Forces And this Deponent further saith That he saw the King in his Army that besieged Glocester at the time of the said Siege Humphrey Browne of Whitsondine in the County of Rutland Husbandman Aged twenty two Years or thereabouts sworn and examined saith That at such time as the Town of Leicester was taken by the King's Forces being in or about June 1645. Newark Fort in Leicester aforesaid was surrendred to the King's Forces upon Composition that neither Cloaths nor Money should be taken away from any of the Soldiers of that Fort which had so surrendred nor any violence offered to them and that assoon as the said Fort was upon such Composition so surrendred as aforesaid the King's Soldiers contrary to the Articles fell upon the Soldiers of the said Fort stript cut and wounded many of them whereupon one of the King's Officers rebuking some of those that did so abuse the said Parliaments Soldiers this Deponent did then hear the King reply I do not care if they cut them three times more for they are mine Enemies or words to that effect And that the King was then on Horseback
saw a Flagg flying upon the Tower of Nottingham Castle and that the next day afterwards he did see the King at Nottingham when the said Flagg was still flying which Flagg this Deponent then heard was the King's Standard He saith also That he did afterwards see the King at Cropredy-Bridge in the Head of his Army in a Fallow Field there and did see the King in pursuit of Sir William Waller's Army being then Routed which was about the Month of July 1644. And at that time this Deponent did see many People slain upon the Ground And further this Deponent saith That in or about the Month of Novemb. 1644. he did see the King at the last Fight at Newbury riding up and down the Field from Regiment to Regiment whilst his Army was there fighting with the Parliaments Forces and this Deponent did see many Men slain at that Battel on both sides Michael Potts of Sharpereton in the County of Northumberland Vintner Sworn and Examined deposeth That he this Deponent saw the King in the Head of the Army in the Fields about a Mile and a half from Newbury Town upon the Heath the day before the Fight was it being about Harvest-tide in the Year 1643. And he further saith That he saw the King on the day after when the Fight was standing near a great Piece of Ordnance in the Fields And he further saith That he saw the King in the second Newbury Fight in the Head of his Army being after or about Michaelmas 1644. And he further saith That he saw a great many Men slain at both the said Battels And he further saith That he saw the King in the Head of his Army near Cropredy-Bridge in the Year 1644. And he further saith That he saw the King in the Head of his Army in Cornwal near Lestithiel while the E. of Essex lay there with his Forces about the middle of Harvest 1644. George Cornwal of Aston in the County of Hereford Ferryman Aged fifty Years or thereabouts sworn and examined saith That he this Deponent did see the King near Cropredy-Bridge about the time of Mowing of Corn 1644. in the Van of the Army there and that he drew up his Army upon a Hill and faced the Parliaments Army and that there was thereupon a Skirmish between the King 's and the Parliaments Army where he this Deponent saw divers persons slain on both sides The Examination of Henry Gooche of Grayes-Inn in the County of Middlesex Gent. Sworn and Examined This Deponent saith That upon or about the Thirtieth day of September last he this Deponent was in the Isle of Wight and had Access unto and Discourse with the King by the means of the L. Marquess of Hartford and Commissary Morgan where this Deponent told the King that his Majesty had many Friends and that since his Majesty was pleased to justifie the Parliaments first taking up Arms the most of the Presbyterian Party both Soldiers and others would stick close to him To which the King answered thus That he would have all his old Friends know that though for the present he was contented to give the Parliament leave to call their own War what they pleased yet that he neither did at that time nor ever should decline the Justice of his own Cause And this Deponent told the King that his Business was much retarded and that neither Col. Thomas nor any other could proceed to Action through want of Commission The King answered That he being upon a Treaty would not dishonour himself but that if he this Deponent would take the pains to go over to the Prince his Son who had full Authority from him he the said Deponent or any for him should receive whatsoever Commissions should be desired and to that purpose he would appoint the Marquess of Hartford to write to his Son in his Name and was pleased to express much of Joy and Affection that his good Subjects would ingage themselves for his Restauration Robert Williams of the Parish of St. Martins in the County of Cornwal Husbandman Aged twenty three Years or thereabouts sworn and examined saith That he this Deponent did see the King marching in the Head of his Army about September 1644. a Mile from Lestithiel in Cornwal in Armor with a short Coat over it unbuttoned And this Deponent further saith That he saw him after that in St. Austell Downes drawing up his Army And this Deponent saith he did after that see the King in the Head of his Army near Foy and that the E. of Essex and his Army did then lie within one Mile and a half of the King's Army The Witnesses being Examined as aforesaid the Court Adjourned for an hour 25 Jan. 1648. post Merid. Commissioners Present John Bradshaw Serjeant at Law Lord President of this Court Daniel Blagrave John Okey Henry Marten John Carew Thomas Horton Sir Michael Livesey Bar. Owen Roe Sir John Bourchier Kt. Thomas Scot. John Moore Oliver Crowwell William Goffe Richard Deane Cornelius Holland Thomas Harrison Robert Lilbourne John Downs Edmond Ludlow Peregr Pelham Sir Henry Mildmay John Jones Valentine Wauton Sir Gregory Norton Bar. Sir Thomas Maleverer Bar. Adrian Scroope Henry Smith Anthony Stapeley John Huson Sir William Constable Bar. John Barkstead Sir John Danvers Edward Whalley Thomas Waite William Purefoy Thomas Pride John Fry John Blackistone Sir Hardress Waller Knight John Venn Robert Tichbourne Humphrey Edwards Peter Temple Vincent Potter William Cawley Isaac Ewers Richard Price of London Scrivener was produced a Witness to the Charge against the King who being Sworn and Examined saith That upon occasion of some tampering by the King's Agents with the Independants in and about London to draw them from the Parliaments Cause to the King's Party and this being discovered by some of those so tampered with unto sundry Members of the Committee of Safety who directed a carrying on of a seeming Compliance with the King he this Deponent did travel to Oxford in January 1643. having a safe Conduct under the Kings Hand and Seal which he this Deponent knoweth to be so for that the King did own it when he was told that this Deponent was the man that came to Oxon with that safe Conduct And this Deponent also saith That after sundry Meetings between him and the E. of Bristol about the drawing of the Independents unto the King's Cause against the Parliament the Substance of the Discourse at which Meetings the said Earl told this Deponent was communicated to the King he this Deponent was by the said Earl brought to the King to confer further about that Business where the King declared That he was very sensible that the Independents had been the most active men in the Kingdom for the Parliament against him and thereupon perswaded this Deponent to use all means to expedite their turning to Him and his Cause And for their better encouragement the King promised in the Word of a King That if they the Independents would turn to him and
be active for him against the Parliament as they had been active for them against him then he would grant them whatsoever freedom they would desire And the King did then refer this Deponent unto the E. of Bristol for the further prosecuting of the said Business And the said Earl thereupon this Deponent being withdrawn from the King did declare unto this Deponent and willed him to inpart the same unto the Independents for their better encouragement That the King's Affairs prospered well in Ireland That the Irish Subjects had given the Rebels meaning the Parliaments Forces a great Defeat That the King had sent the Lord Byron with a small Party towards Cheshire and that he was greatly multiplied and had a considerable Army and was then before Namptwich and would be strengthened with more Soldiers out of Ireland which were come and expected dayly And when this Deponent was to depart out of Oxford four safe Conducts with Blanks in them for the inserting of what Names this Deponent pleased were delivered to him under the King's Hand and Seal and one Ogle was sent out of Oxon with this Deponent to treat about the Delivering up of Alisbury to the King it being then a Garrison for the Parliament and at the same time Oxford was a Garrison for the King Several Papers and Letters of the King 's under his own Hand and of his own Writing and other Papers are produced and read in open Court Mr. Thomas Challoner also reporteth several Papers and Letters of the Kings writing aud under the Kings own Hand After which the Court sate private The Court taking into Consideration the whole Matter in Charge against the King passed these Votes following as preparatory to the Sentence against the King but Ordered that they should not be binding finally to conclude the Court viz. Resolved upon the whole matter That this Court will Proceed to entence of Condemnation against Charles Stuart King of England Resolved c. That the Condemnation of the King shall be for a Tyrant Traitor and Murtherer That the Condemnation of the King shall be likewise for being a publique Enemy to the Common-wealth of England That this Condemnation shall extend to Death Memorandum The last aforementioned Commissioners were present at these Votes The Court being then moved concerning the Deposition and Deprivation of the King before and in Order to that part of his Sentence which concerned his Execution thought fit to defer the Consideration thereof to some other time and Ordered the Draught of a Sentence grounded upon the said Votes to be accordingly prepared by Mr. Scot Mr. Marten Col. Harrison Mr. Lisle Mr. Say Commissary Gen. Ireton and Mr. Love or any three of them with a Blank for the manner of his Death Ordered That the Members of this Court who are in and about London and are not now present be Summoned to attend the Service of this Court to morrow at One of the Clock in the Afternoon for whom Summons were issued forth accordingly The Court Adjourned it self till the Morrow at One of the Clock in the Afternoon Veneris 26 Jan. 1648. post Merid. Painted Chamber Three Proclamations The Court called Commissioners present John Bradshaw Serjeant at Law Lord President of this Court Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Tho. Harrison Edward Whalley Thomas Pride Isaac Ewers Thomas Lord Grey of Groby Sir John Danvers Sir Henry Mildmay Kt. William Heveningham Henry Martin William Purefoy John Blakistone Gilbert Millington Sir William Constable Bar. Edmond Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Adrian Scroope John Dixwell Simon Meyne Peter Temple Thomas Wait. Cornelius Holland Thomas Scot. Francis Allen. Richard Deane John Okey John Huson John Carew John Jones Miles Corbet William Goffe Peregrine Pelham John Moore William Lord Mounson Humphrey Edwards Thomas Wogan Sir Gregory Norton John Dove John Venn William Cawley Anthony Stapeley John Downes Thomas Horton Thomas Hammond John Lisle Nicholas Love Augustine Garland George Fleetwood James Temple Daniel Blagrave John Browne Henry Smith John Berkstead Sir Thomas Maleverer Bar. Vincent Potter Here the Court sate private The Draught of a Sentence against the King is according to the Votes of the 25 th Instant prepared and after several Readings Debates and Amendments by the Court thereupon Resolved c. That this Court do agree to the Sentence now read That the said Sentence shall be ingrossed That the King be brought to Westminster to morrow to receive his Sentence The Court Adjourned it self till the Morrow at Ten of the Clock in the Morning to this Place the Court giving notice that they then intended to Adjourn from thence to Westminster-Hall Sabbati 27 Jan. 1648. Painted Chamber Three Proclamations being made The Court is thereupon called Commissioners present John Bradshaw Serjeant at Law Lord President Oliver Cromwell Henry Ireton Sir Hardress Waller Valentine Wauton Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Henry Marten William Purefoy John Berkstead Matthew Tomlinson John Blackistone Gilbert Millington Sir William Constable Bar. Edmund Ludlow John Hutchinson Sir Michael Livesey Bar. Robert Tichbourne Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Augustine Garland George Fleetwood James Temple Daniel Blagrave John Browne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore William Say John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. Edmund Harvey John Venn Thomas Scott Tho. Andrews Ald. of Lond. William Cawley Anthony Stapeley John Downes Thomas Horton Tho. Hamond John Lisle Nicholas Love Vincent Potter John Dixwell Simon Meyne Peter Temple Thomas Waite The Sentence agreed on and ordered by this Court 26 Instant to be ingrossed being accordingly ingrossed was read Resolved That the Sentence now read shall be the Sentence of this Court for the Condemnation of the King which shall be Read and Published in Westminster-Hall this day The Court hereupon considered of certain Instructions for the Lord President to manage the Business of this day in Westminster-Hall and Ordered That the Lord President do manage what Discourse shall happen between him and the King according to his discretion with the advice of his two Assistants and that in case the King shall still persist in excepting against the Courts Jurisdiction to let him know that the Court do still affirm their Jurisdiction That in case the King shall submit to the Jurisdiction of the Court and pray a Copy of the Charge that then the Court do withdraw and advise That in case the King shall move any thing else worth the Courts Consideration that the Lord President upon Advice of his said Assistants do give Order for the Courts withdrawing to advise That in case the King shall not submit to Answer and there happen no such
acquiesce under to introduce them to fill the heads of the People with furious Fears and raging Jealousies and at the same time both to alienate the Affections of his People from their King and by Disobedience to his Ecclesiastical Laws to teach them a Contempt even of his Secular Power and to put them even into the nearest approaches to Sedition and to seem to want nothing but a favourable occasion to precipitate them into a new Rebellion all this considered one cannot but be tempted to think that this ingrateful impenitence and obstinacy menaces these obdurate Sinners with some Uncommon and Remarkable Vengeance Amongst all their other Arts so dangerous and destructive to the present Constitution of our Government I cannot think it either the smallest or least dangerous which the Dissenters from the Monarchick Government as well as the Church of England have made use of for though nothing of Fact can be more notoriously true than that they actually either Murther'd the late King or were Aiding Abetting and Assisting to such as did yet to preserve some Reputation to their Party and that they may be able to increase it by such as they can by their pretensions to Purity and Sanctity delude they constantly endeavour to shift all the Guilt of this Execrable Regicide from themselves and charge it upon others the Fact they are well aware is so ugly and wicked in its own Nature and accompanied with so many aggravating Circumstances that there are few Natures who would not at first sight start at it as at the Apparition of some terrible Daemon this therefore must be totally denied where it may with success or palliated by making the King Guilty of the War and of his own Murder the Effect of it full well do these Deceivers know that if the poor infatuated People were really perswaded and convinced that the Leaders of their Party and the precious Men their Teachers had been Guilty of such a detestable Murder even the Dictates of common Sense Reason and Natural Religion would instruct them That such Guilty Miscreants whose Hands blushed with Innocent Blood must needs be unfit to lift up to Heaven the just Avenger of it and that such Men must needs be very unfit and unproper Guides and Conductors of others to Heaven who had travelled so far in Rebellion the High Road to Hell without ever looking or making one step backwards by Repentance The Presbyterians therefore in this particular have ever stood high upon their Justification as being therefore Innocent of the Guilt of this Royal Blood because then when the Fatal Stroke was given they were luckily displaced from the Helm of State by the prevailing Faction and Interest of the Independents The Independents when they are charged with this barbarous Fact they endeavour to transfer all the blame from themselves and Party by throwing it upon a Junto of ill men who then Governed and had gotten all the Power and though those very bloody and infamous Traitors Cromwel Ireton Peters Nye c. were while living esteemed by them most Heroick and renowned Saints and would have Pillars and Monuments erected to their immortal Memories had they Power equal to their Kindness to those Glorious Villains who are still the Idols of their Hearts yet they would make this pass for excuse sufficient for the whole Company of their Perswasion that they were not every individual man of them actually upon the Trial and Condemnation of the King or set their Hands and Seals to the Warrant for his Execution So that consenting to approving and applauding the Fact when done must pass for Innocence that so they may plead Not Guilty though after all this the Survivers of those differing Factions and their Successors in the same Principles were never heard or known to manifest so much as in the cheap way of words their unfeigned detestation and abhorrence of that wicked Rebellion which brought the King to that deplorable Death and I think without breach of Charity I may introduce their Famous Baxter who is the whole Schisme in Epitome neither Presbyterian Independent c. but both and all of them speaking the true sense of the whole body of the Separation and I am confident if they had all one Mouth and he were the Tongue the Office he would chuse he would speak for them in his Language of the Holy Common-wealth I cannot see that I was mistaken in the main Cause nor dare I repent of it nor forbear the same if it were to do again in the same state of things Baxters Holy Common-wealth pag. 486. And therefore if this Argument happens to be started though the late Statute which makes some sorts of Language Treasonable render them more cautious and reserved yet they will plead for themselves that Matters were carried to those Extremities much beyond the intention of those who first took up Arms against the evil Counsellors and had no ill Design either against the Person of the King or his just Power and Prerogative but they will dye before they will acknowledge that the War on the Parliaments side let the pretended Reasons be what they will was unjust and unlawful and that the taking up Arms by Subjects against their King is not only unlawful but damnable Now the maintaining of this Opinion of the Lawfulness of the War was that which in reality cut off the Kings Head And will be the Eternal Parent of future Rebellions so long as it is propagated and received For if Subjects may upon any colourable pretensions which can never be wanting so long as Men are Wicked enough to invent them be allowed to take up Arms against their King it is morally impossible but things must proceed to the utmost Extremities for he that draws his Sword against his King must throw away the Scabbard and it is a Crime of so high a Nature that tho' there should be found a King of so God-like a Temper as really to pardon the greatest Rebels yet the Consciousness of their own Guilt and the perpetual apprehensions of deserved Punishment will never permit such Rebels to believe his intentions real and sincere and therefore the uneasiness of their fears naturally conducts them to cure their Fears and consult their future Safety by removing the Cause of their distrust and danger But however these two Factions and the Spawn of them may endeavour to palliate this horrid Guilt and that they may be the better enabled to maintain their Party and increase it may endeavour to acquit themselves by criminating one another nothing is more evident than that both these Factions of the Presbyterians and Independents and the other lesser Sects and Schismaticks which sprung from their Roots were actually Guilty of the Kings Murder and that not only by their fomenting and carrying on the War against him whereby he was reduced to those Extremities that he was forced to throw himself upon the Perjured Scottish Presbyterians who sold him to the English Independents who
Murdered him but also by not hindring and preventing the doing of it For it is a most certain Truth Qui non prohibet cum potest jubet For instance Two Thieves bind an honest Man and rob him one is for dispatching him out of the way that he may not ever be in a capacity to prosecute them the other pretends he does not so well approve of that last Extremity while they are in the contest the honest Mans Servant comes up and finding his Master in that condition puts himself in a posture to attempt his Rescue now he who was pretendedly against the Murder though he could well enough dispence with the Robbery if he had meant sincerely ought rather to have assisted the Loyal Servant in his Generous and Dutiful Design and it had then been easie to have delivered the despoiled Prisoner at least from the danger of Death but instead of this he joyns with his former Companion and assists him first to dispatch the Servant who indeavoured his Masters Deliverance and then sits him down while his Companion sends his Fetter'd Master to keep him Company Now do I appeal to God and Men whether both these men were not involved in equal guilt as well he who help'd to bind disarm and rob the Master and opposed the honest indeavour of his Servant to deliver him as he who actually imbrued his Hands in their innocent Blood The Case is exactly the same but under this more hainous aggravation that Royal Blood is much more valuable and Sacred than that which runs in Common veins The Zealous Presbyterian Saints began the late Rebellion and the Independents and other Schismaticks being associated with them in that Traiterous Combination or the Solemn League and Covenant they joyntly and unanimously prosecuted the War and by murdering of such of his Loyal Subjects as out of Duty and Conscience came to his assistance having subdued his Forces they got his Person into their Power The Independents having in the mean time gotten the Ascendant of Power over the Presbyterians were absolutely for assuring their Usurpation by the King's death on the other side the Presbyterians more out of detestation of the Independents who now began to deride their Discipline and have their Blew-Cap-Reformation as they termed it in the utmost contempt and hatred than out of true Loyalty and Duty to the King were for shackling of His Majesty with Parliament Fetters and so to let him live hoping under the protection of his Authority and Name to re-establish their own Power and subdue the Independents And for this purpose was all the noise of a Personal Treaty with the King during his Confinement at Cairsbrook Castle in the Isle of Wight in which if they had meant honourably and sincerely they might have had such Conditions as would have brought sufficient advantage and reputation both to their Cause and Interest But so stiff were they in their Demands and so cautious to put strong and lasting Fetters upon His Majesty that the whole Treaty came to nothing In the mean time the Royalists seeing the gasping condition of the King and Monarchy and that nothing but the most abject Vassallage was to be expected from those Men who were resolved to make their King a Royal Slave they summoned their scattered Force to make one Vigorous Attempt for his deliverance Now had the Presbyterians joyned in that generous Design in all humane probability the King had been rescued from his Captivity among the Independents by which means they might have obtained honourable Conditions of Oblivion Security and Accommodation for the Present and Reputation for the Future But so far were they from this that mortally hating the Loyal Party they contributed all that lay in their power to assist the Independent Army under Fairfax or indeed Cromwel for the other was but a Cypher utterly to ruine and subdue the slender Remains of Loyalty which had taken Arms in Kent and Essex which when it was accomplished by the surrender of Colchester and the Execution of the Noble Capel Lisle and Lucas the Independents fell presently upon their Bloody Project of cutting off the King and subverting the Monarchy which they also effected the Presbyterians all this while sitting still and looking on Whereas had they ever heartily opposed such a detestable Wickedness their Party was then so considerable that with the Addition of the Loyal Interest which was not so dead but that upon the least hope it would have revived and joyned them they might have given such a shock to the Independent Faction that they would difficultly if ever have been able to accomplish or execute their Execrable Design against the Life of the King but so far were they from this that there was not the least Attempt to oppose the Traytors or prevent the Treason Nay had the Rabble of the City and Suburbs which were much at the Devotion of the Presbyterian Interest had but half so much Zeal to hurry down to Westminster to oppose the Murder of the King as they had before times to oppose him and cry up Priviledge of Parliament in the beginning of the Tumults it is very disputable whether Cromwel with all his black Myrmidons would have had the Courage to strike the Fatal Stroke But the Presbyterians are only Couragious in Rebellion but perfect Cowards in the Cause of Loyalty But to these little palliating shifts to which the Presbyterians and Independents have been reduced to varnish and guild over their Infamous Actions they have now very lately found out another and that is to vindicate themselves by charging the whole Contrivance and Execution of this hellish Murder of the late King upon the Papists And though nothing in the World is more ridiculous or remote from the truth in most demonstrable Matter of Fact yet it is incredible how much the belief of this senseless Fiction and Romance has gained upon this new Generation of the Vulgar Proselytes of the Dissenters And I speak it of my own knowledge that in Discourse with divers of them when I have made use of this Argument of the Wickedness and Infamy of the most Eminent Patrons of their Religion who as Mr. Baxter confesses of himself when he tells us I have been in the heat of my Zeal so forward to Changes and Ways of Blood that I fear God will not let me have a hand in the Building of his Church Hypocrisie unveil'd R. Baxter 's Letters to Dr. Hill pag. 11. must needs be ill men and worse Guides to Heaven and have from their guilt of the Kings Blood indeavoured to reclaim them from following the Witchcraft of such dangerous Principles and to bring them home to the Communion of the Loyal and Primitively obedient Church of England I have been amazed to hear with what confidence they have vindicated their Leaders and Party from the least share or imputation of the guilt of that Horrid Murder and averred with as much confidence that the late King was murdered by the
of the sanguinary desires of the Separatists he may consult a Pamphlet Intituled Justices Plea Printed and Published August 1 st 1644 of which this is the Abridgment The Cruel Miscreant addresses himself to the Assembly of Divines and by that he should be a Presbyterian and vehemently exhorts them to move the High and Honorable Court of Parliament that Justice may be speedily and severely Executed upon all the most Disloyal and Treacherous Enemies of the Kingdom For saith he One if not the main provoking Cause of all our Miseries is that Wrath-provoking Sin of Impunity and not Executing Justice and deserved Punishment upon Eminent Offenders and Malefactors amongst us Then he falls upon quoting and misapplying Scripture and the History of Achan Joshua 7 th and from thence proceeds to charge the Blood of Bohemia the Palatinate Rochel the Isle of Rhee Ireland and England upon the King and Loyal Party whom according to the Presbyterian Rhetorick he Styles Papists Atheists Pontificians and Malignants of all Sorts and Sexes and adds he some of them are put into our Hands as so many devoted Achans accursed ones yet of all of them but one Capital Offender except some Inferiour ones Three in London and as many at Bristol brought by our Renowned Joshua's meaning the Faction of the Two Houses to deserved Death and Destruction P. 1. The Remedy saith he of England's Malady which is a State Gangrene is the serious zealous and unpitying Execution of Justice upon the said Malefactors and by no means out of Pretence of sinful Pity or Partiality to spare the Lives of any whom God hath thus appointed to Death And this he endeavours to prove to be a Duty first from Precepts Gen. Cap. 9. Ver. 6. Whosoever sheddeth Mans Blood by Man shall his Blood be shed This is a general Rule saith he and from one end of the Bible to the other admits of no Exception either of Princes or Peasants Noble or Ignoble So that here you see is a Fatal Blow directly levell'd at the Kings Neck by the Presbyterian Doctrine though the Independents robb'd them of the power of putting it in practice but he goes forward leaving the impressions of his Cloven-footed Tutor upon every step he takes and falls with him to his Scriptum est quoting 1 Sam. Chap. 15. Ver. 2 3. Thus saith the Lord of Hosts I remember that which Amaleck did to Israel how he laid wait for him in the Way when he came up from Egypt Now go and smite Amaleck and utterly destroy all that they have and spare them not but slay both Man and Woman Infant and Suckling Oxe and Sheep Camel and Ass The Royalists were the Amalekites and the most Religious King in the World was in Presbyterian Dialect Agag and this was the Doom to which they were adjudged by these pretended Saints and that too as peremptorily as if God had told them his Will by immediate Revelation as he did to Samuel and had declared the King and his Loyal Subjects his unpardonable Enemies and as Wicked Idolaters as were the Amalekites and their King Agag But the killing Blow was alway that passage Revelations Chap. 18. Ver. 6. Reward her even as she rewarded you and double unto her double according to her works in the Cup which she hath filled fill to her double and then to be sure they came to the dashing out the Brains of the Babylonish Brats the Cavaleers against the Stones Lastly adds he that of the Prophet Jeremy which I most humbly and heartily desire all our Grave and Godly Parliamentary Worthies should be most often and extraordinarily minded of Jer. Chap. 48. ver 10. Cursed be he that doth the work of the Lord deceitfully and Cursed be he that keepeth back his Sword from Blood Here 's a Precept cries out this Son of the Horseleech with a witness indeed a Precept under no less than a Curse yea an ingeminated Curse to shew the certainty and severity of Gods displeasure in the neglect of it yea we see it is called a dealing deceitfully with God and Men to do it slightly much more not to do it at all the Lord give those whom it most nearly concerns care and conscience timely and truly to set upon it Page 3. But lest the Authority of perverted Scripture-Precepts should not be sufficient to stimulate and instigate the Heads of the Faction to so much Cruelty and so many indiscriminating premeditated Murders he proceeds to furnish Presidents to fortifie his bloody Doctrine and first saith he affirmatively Phineas Executed Judgment on Zimri and Cozbi Upon which Text adds he as Reverend and Mellifluous Mr. Marshal in his Sermon observes That one man by his Holy Zeal may be a means to save a whole Kingdom how much more then a whole Parliament punishing Offenders in a Legal way by the Rule of Justice Then he produces Jehu Executing Vengeance upon Joram and Ahaziah two Kings and slaying the seventy Sons of Ahab and the two and forty Brethren of Ahaziah King of Judah 2 Kings Chap. 9 and 10. From Positive he proceeds to Negative Presidents as he calls them to shew that God was displeased for neglecting Executing Vengeance upon Capital Offenders instancing in the Quarrel between the Benjamites and Israelites Judges Chap 20 th the whole Chapter being as he saith the very Case of England comparing the King and his Party to the wicked Benjamites who had committed and justified that inhumane Rape upon the Levites Concubine and the Parliament and Faction to the true Israelites Then he tells you the story of Ahab's permitting Benhadad to escape 1 Kings Chap 20. ver 42. And he said unto him thus saith the Lord because thou hast let go out of thy hands a man whom I appointed to utter destruction therefore thy Life shall go for his Life and thy People for his People Then he instances in Saul's forfeiting his Kingdom for sparing Agag King of the Amalekites 1 Sam. Chap. 15. Ver. 23. Because thou hast rejected the word of the Lord he hath rejected thee from being King A strong push for Deposing and Murdering the King as being rejected of God as Saul was But in regard this was addressed to People who had Pretended most wonderful tenderness of Conscience lest there should be any remains of that he comes now to hardning of them by answering an Objection Obj. What is all this to us of the Ministry Answ It concerns you all very much and you also in the first place even You Reverend Gentlemen Such as are Arch-Enemies to God and his most Righteous Cause who have suck'd the Blood of Gods precious Ones are now held in Prison among us they are only imprisoned but some only pincht in their Purses and set at Liberty at least from danger of Death And this I say nay God says Justice is grievously neglected and the just Wrath of God highly incensed and exasperated against us for the same Now you Reverend Gentlemen are Sentinels and Watchmen Ezek.
they may know the true difference between the truly Apostolical Loyal and Obedient Church of England and those false Schismaticks who call themselves True Protestants but are of the Synagogue of Satan That they may understand the difference betwixt those Glorious Stars the Angels of the Churches the Bishops which are for ever fixed in the powerful Right-hand of the Son of God and those New Lights unfixed Meteors wandring Stars for whom St. Jude tells us is reserved the blackness of darkness for ever As for Exasperating the Government against them as it is not my design and that I address my whole discourse by way of Caution to private Persons so they ought rather to accuse their own Actions and not my Words if the Government be justly Exasperated against them And indeed as it would be a very foolish Presumption in me to pretend to advice so it would be a superfluous Vanity to go about to exasperate the Government since it is most certain the Government knows them sufficiently already and if the Tongues and Pens of all mankind were for ever silenced their own Mouths Pens Words and Actions never cease to make Proclamations against themselves and to provoke the Government even at no less Peril than not only its Well-being but it s very Being to take such Effectual Care of them as to secure the Monarch and Monarchy the Church and Apostolical Hierarchy from the continual Attempts of their unwearied Practices both secret and open against them And it is a Duty which not only the Government owes it self by the most Primitive and Innate Law of Self-Preservation but it is bound by all the Laws of God Nature and Nations and by all the Obligations both Divine and Humane by the strongest Reasons of Wisdom and Interest to protect and defend the Loyal Dutiful Peaceable and Obedient Subjects against the wicked Designs of the Seditious Unruly and Rebellious And as every Good man may modestly challenge this Protection from the Government so ought every Honest Man heartily to lend his best assistance towards the Support of that Power from which he expects Protection by detecting the Designs exposing the Artifices and weakning the Force of its implacable Enemies and such our Separatists have proved themselves sufficiently to be had there been no other Pens but their own imployed against them And because the whole World to whose hands these Papers shall come shall witness for me that I have Treated them at a far more temperate Rate than these Brethren in Iniquity have treated each other in their mutual Quarrels in their Censures and exposing each others destructive Principles And that if they find themselves pierced through the very heart of their Reputation they may with the Eagle in the Fable perceive that the Arrow from which they received their Mortal wound is feathered from their own Wings I will present the Reader with a Dialogue taken out of their own Writings and in their own proper Language which possibly may not be indivertive and I hope not unuseful or unserviceable to the design of Exposing and if possible Exploding these Wicked Turbulent and Factious Opinions out of the Minds of Mankind And that it may be known which are their Words and what is only inserted to reduce it into the form of a Familiar discourse those Expressions which serve only to tack it together are printed in Italick the other in the ordinary Roman Letter Independent Here 's a stir indeed What a bustle do these Presbyterians make for Reformation of Church-Government We must put in An Humble Supplication to the King and Parliament in opposition to these Motions of the Presbyterians for a Reformation Independents Petition Printed at Amsterdam 1641. Presbyterian And what art thou Independent A poor Suppliant of the Congregational way who am come with some others of our Church to present our Humble Petition to the King and Parliament for some Liberty and Indulgence to be shewed to the Tender Consciences of our Gathered Churches Presbyt What An Independent A Brownist a Separatist I warrant you None else would oppose this glorious Reformation and Endeavour to set Christ upon his Throne Indep Good Sir be not scandalized at the Name or the Thing We are for the purity of the Gospel according to the Pattern in the Mount Presbyt Oh! You are one of that new-born Bastard Sect of Independency which is nothing but a Confounding Ataxy Rent upon Rent and a Schisme of Schismes until all Church Community be torn into Atomes every three Men nay every three Women among you dissociating themselves into an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Will-Worship of their own devising which fondly and madly you call a Church But where I pray and in what corner of the world hath this aëry Independency been asleep until these days Quo consule Under what Kings Reign was it born Where may I hear that it hath a being Where may I read below the World in the Moon that ever it had a being I will be bold to brand it with the name of a new-minted Seminary for all Self-Pride Heresie Schisme Sedition and for all Libertinisme An Outside seeming Saintship a Pestilence to all Government except a Traiterous and clouted Anarchy Sir Edward Deerings Speeches Page 82. Sect. 2. Indep I perceive Sir your Worship is a member of the most Honourable House of Commons and I hope you will entertain a better Opinion of your weak Brethren whose Tender Consciences cannot come up to all your Heights Presbyt Never Never I assure you Independency Why it is a Genus Generalissimum of all Errors Heresies Blasphemies and Schismes compounded of first a Jew arrogating to be with them the peculiar People of God Secondly Christian in acknowledging the Scriptures some of them at least tho' Pharisees themselves and Publicaning all the World whereas True Religion is like Jacobs Ladder Stat pede in terris caput inter nubila condit Thirdly Turk submitting all to the Fate and Power of the Sword Religion Laws and Liberty that Idol of the People Walkers History of Independency at the beginning Independ Good your Worship what ever you think of us be pleased according to the trust reposed in you as one of our Representatives to deliver our Petition to the House where I hope we have many Friends you know there hath passed a Vote of the Commons of England for it and I hope you have too much Honour for that Body to deny that Request Presbyt I know indeed very well that your Schismatical Party hath been so Clamorous with Petitions that a Vote was passed in your Favour That it is the undoubted Right of Subjects to Petition and afterwards to acquiesce in the Wisdom and Justice of the two Houses Hist of Indep Indep Vpon the Foundation of that undoubted Right it is that we Address our selves to that Honourable Assembly And you will see by the contents of our Petition that it is time for us to stir and that we have
and Earth is no warrant for Tender Conscience to joyn with ungodly Parishes in the choice of Spiritual Elders to Govern Gods Spiritual House Resolved c. That the Lords and Commons Assembled in Parliament have the Civil Government over the Bodies and Estates in Civil things but the Lord Jesus in Spiritual Resolved c. That the Kingdom of England and Dominion of Wales and the Parish Churches and Chappels therein have not yet been proved to tender Conscience to be Churches of Christ Nor have the Directions that passed both Houses bearing Date 19 August 1645. Nor the supplying Ordinance since nor hath any thing of that nature been proved to be according to the Word of God and that Tender Conscience never read of Classes's nor Parochial Congregations in the Bible Resolved c. That therefore such Election of Parochial Congregational Elders the Warning thereof and the Sermon preparatory is in the Judgment of tender Conscience a taking Gods Name in vain Resolved c. That the Major part of the Parishes being Ungodly will chuse Ungodly Elders and that not all such as have taken the National Covenant are fit to chuse Godly Elders that many persons under Age and Servants without Families are more Godly than their Parents and Masters that keep Families and in Christs Church not to be excepted against in the Choice of Church-Officers seeing that all Saints both Jews and Gentiles Bond and Free are all one in Christ Gal. Chap. 3. ver 28. And that his Saints are not to have the Faith of Jesus Christ the Lord of Glory in respect of Persons Resolved c. That the Lord Mayor and Cities Presidents or any Presidents which tend or have tended to the taking away or obstruction of the Settlement or Establishment of the Antient bounds of Liberty of Conscience cannot amount in the least to be any binding President to Tender Conscience Finally It is Resolved c. That the Lord of Tender Conscience is Lord of all Lords and Laws and never Ordained to bring in any thing into his Worship but that which First was by his own Institution and that therefore all Acts Ordinances Votes Protestations Declarations c. made or which hereafter without the Word of God shall be made by any Person or Persons whatsoever shall be of no Force against Tender Conscience in the Worship of God and that though such Humane Acts Ordinances c. take hold only of all those Men that have the Mark of the Beast but that Tender Conscience and the Friends thereof shall be Exempted there-from May 1. 1646. Ordered to be Printed Christian Meekness Clerk to Tender Conscience Several Votes of Tender Conscience Printed July 28. 1646. Pray do you own this Paper good Mr. Independent Indep Why truely Sir I do own it and since you are so hot upon inslaving of poor Tender Consciences I am to deal plainly with you and to tell you that the Manner of a true pure and perfect Reformation is hidden from your Eyes You Presbyterians are Friends to the Midnight of Popery your Directory is the Golden Calf of your own Invention your Two Children are Power and Maintenance The Angel of the Lord hath Smitten you with Blindness as he did the Sodomites else you would have found the Door of the Visible Church Your Way is a persecuting Way Your Blind Guides would all be Controllers You are like your Fore-Fathers the Blood-Thirsty Bishops you Pollute Prophane and Trample under Foot Christs precious Truths you derive your Ordination from the Antichristian Prelates and are the Second Beast Rev. Chap. 13. ver 2. What can be said bad enough of this Sect of the Blasphemous Persecuting Treacherous Presbyterians Popish Presbyterians Prophane Presbyterians 'T is you that wherever you come are guilty of all Divisions in Towns Cities Families you even you Presbyterian Praters all whose Ways are Impure Imperfect and Impious Come on Sir I 'll shew you your Picture here in a Broad-side Do you see that Winged Heart mounting towards Heaven that is Tender Conscience look there on the Right hand stands the Pope with the Latin Mass-book in one of his hands and in the other a Sword to wound Tender Conscience on the left hand stands a Prelate in the same Posture holding in his left hand The Liturgie and in the middle d' ye mark there stands your Dapper Sir Jack Presbyter in his Cloak in one hand a Dagger with which he attempts to Wound the Winged Heart and in his other hand the Directory Look ye all these three are linked together in one Chain to shew that they have all the same Design but Presbyter is the Worst of the Three for if you observe you will see he tramples upon a Crown Imperial which he hath gotten under his Feet but pray mark the Curst Cow hath the shortest Horns your Presbyters's Dagger is too short and how good soever his Will may be here 's a Weight with a Chain fastened to his Bloody Dagger-hand so that he is not able to reach the Flying Heart but that by the Help of her Wings Tender Conscience mounts out of his and the reach of all her Enemies and The more You wound my dear and precious Tender Heart The more Your Seared ones shall feel the grievous Smart All Three to injure me as Mortal Foe Encreaseth your Eternal Wo Wo Wo. Rev. 8.13 Dictated thoughts upon the Presbyterians late Petitions for Complete and Vniversal Authority in Divine Ordinances to be conferred upon them by Humane Authority Printed April 14. 1646. Presbyt Most certainly by his Foming at the mouth the Man is distracted and perfectly Raves but Sir I shall give your Courage a Cooling Julep by informing the House concerning you Indep What do you tell us of the House or the Parliament I must tell you that opposing of Independency is a perfect Theomachy a plain Fighting against God We are under the Government of Christ alone No Power on Earth or Earthly Lawgivers may can or ought to give Laws for the Government of the Church Neither Kings nor Parliaments nor Synods have Authority to prescribe Laws or Rules for Church Government to make Coactive Laws to bind Conscience to Conformity or to inflict Mulcts or Penalties for contempt or disobedience For the Members of Parliament are chosen but by a Secular Rout by the Generality and Riff-Raff of the World Papists Atheists Drunkards and Swearers And the Parliament's Claiming this Power is seven times more undermining and destructive of their Power Honor Peace and Safety it is claiming the incommunicable Prerogative and Regalities of Heaven an attempt to make themselves equal with God Truth Triumphing over Falshood c. by W. Pryn Printed by the Order of the House of Commons June 2. 1644 In the Epistle Dedicatory to the Parliament Presbyt You give the Parliament good incouragement to favour you But I doubt not but they and all honest Men are sufficiently sensible of and acquainted with your Temper and Inclinations but lest
they should not I shall take the Liberty to inform Them and the Whole Nation That if Independent Government be suffered at this insolent rate in time it cannot but overthrow all other Sorts of Ecclesiastical Government and Civil too by the same Principles for in reality it destroys all Civil Power Magistracy Corporations Parliaments Courts of Justice for what ever Meekness they may pretend Independency is such a Turbulent Dangerous Unquiet Schismatical Government as will un-un-King un-un-Parliament Parliament un-Church a Nation nay un-Nation them For it makes each several gathered Congregation an absolute Monarchy Church Republick and Nation within it self It is a Model of Government more Rigid Uncharitable Unsociable Papal Tyrannical Anti-Monarchical Anti-Synodical Anti-Parliamentary than any Government whatsoever A full Reply to certain brief Observations and Anti-Queries upon Pryn's 12 Queries Printed Oct. 19. 1644. Indep Vnking and Anti-Monarchical Very fine your Worship forgets the Proverb Nay for that commend me to you Presbyterians You are for a King that shall be no King a King of Clouts Have not you taught us That Parliaments are the Supreme Power and that Kings are Subordinate to them That a King hath no Power to impose Taxes to give Portions to his Children That he cannot displace a Judge That he is bound to confirm what is concluded by the States That he is Obliged not to depart from the Parliament That they may Summon him to Appear before them Question him Restrain him Allow him only a Pension to support him Order his House Appoint him Counsellors Appoint him Governors Separate his Queen from him Void his last Will Seize his Revenues Keep his Forts Raise Arms against him Bring in Foreigners Banish him Make Peace and Wars Force him to resign his Right to the Crown Force him to resign his Crown Determine the Right of Succession to the Crown Chuse their own Judges Rescind the Kings Acts Imprison him put out his Eyes strangle him Absolve his Subjects from their Allegiance Depose him Disinherit him Remove him at the Peoples pleasure Elect another Christian or Infidel Pryn's Soveraign Power of Parliaments Ordered to be printed by the Committee for Printing and Licensed by John White Printed for Michael Sparke Jun. June 23. 1643. Presbyt You are very Brisque in Charging us with what if it be a Crime you are as guilty of as We For Independency if admitted ruines not only Monarchy but even our Soveraign Power of Parliaments and cassates all Obedience For you make Laws for your selves which your Congregations must submit to or be Excommunicated and delivered up to the Devil you affirm That every particular Congregation is a Complete Intire Absolute Spiritual Republick Corporation Body and City of God of it self and of absolute Authority within it self subject to no other Jurisdiction than that of Christ and his Word and Spirit and not under any Congregation Synod or National Church or humane Power whatsoever and that the Parliament cannot make Canons or Rules to bind it nor perscribe any Church-Government or Discipline to it And in short Independency is flat Popery holding themselves as the Pope doth subject and accountable to none but Christ as you may see in Alv. Pelag. de planctu Ecclesiae lib. 1. Art 6.13.31.34 35.37 And every Independent Minister is a perfect Pope Pryns Truth triumphing over Falshood supra citat Nay one of your Ministers in the Summer Islands one White was openly pronounced in the presence of God and the whole Congregation to be Supreme Head of that Church next under Christ and none above him And your manner of entring into your Congregational way shews your true Temper for after Confession of Sins the Proselytes are admitted and received and enter into Church-Covenant to stand to and maintain their Church and Discipline Orders Governors and Government to the uttermost of their Power and Abilities and to strive therein even unto Blood Letter from Summer Islands from one Richard Beak who at 74 years of age was imprisoned 13 Months for opposing this White and his Independent Congregation But I hope the Parliament will serve you as they did your busie Socinian Teacher Goodwin and stop all your Mouths with a silencing Ordinance Indep They served that precious man so indeed for his Book called Theomachia An excellent recompence for his kindness to them which was if any fault Error Amoris not Amor Erroris in him and designed to prevent their dashing against this Stone which will one day break all Power in pieces Truth Triumphing c. But never trouble your selves for we do not with your Parliament Ordinances which are but Parliament Toyes Martins Eccho the People never trusted the Parliament with Church Government which they themselves have not and therefore cannot give it For what cannot be given cannot be received but had you the Arch-Bishops Power I find you would exceed him in Cruelty of Persecution you are the Parliaments Evil Genius egging and inciting them to Acts of Tyranny against an Innocent People and had you Command you would Censure Fine Pillory Imprison Banish and differ little from Bonner and Gardiner in Queen Maryes Days A help to understand Mr. Pryn for you are neither better nor worse than a company of Prophane Apostates Popish Jesuitical Incendiaries Haters of Gods People and while we are fighting and hazarding our dearest Lives for the Subjects Liberty as Mr. Lilburn too truly said of you we are in danger of being brought into Egyptian Bondage in this and other particulars by the Black-coat Presbyterians who I am affraid will prove more Cruel Task-masters than their dear Brethren the Bishops For what I pray is the inhansing and ingrossing of Interpretations Preachings and Discipline into the Presbyterians Hands but a meer Monopoly of the Spirit and worse than the Monopoly of Sope. The Ordinance That no Unordained Persons Preach is a Patent of the Spirit to get the whole Trade into their own Hands to rob the People with what Ware and Price they please to look in their Faces and pick their Pockets A Fresh Discovery of some prodigious new wandring Blazing Stars and Fire-brands Styling themselves New Lights by W. Pryn 1645. Presbyt Nay you and your un-ordained Independent Preachers have made brave work in the Pulpit It would make ones Hair stand an end to hear what hath been taught by Ignorant Impudent Mechanicks and what Damnable Blasphemies and Heresies have been broached by them among the People for Soul-saving Truths Such as these That Christs Righteousness is a beggarly Righteousness That Christ's Blood did not purchase Heaven for any Man That Christ shed his Blood for Kine and Horses as well as for Men That the Devils and Souls of Men are Mortal and none but God Immortal That we are only to believe the Scriptures as they are agreeable to Sense and Reason That the Scriptures are uncertain insufficient and not an Infallible Rule of Faith That the Scriptures cannot be said to be the Word of God Christ only being so
fittest place I leave you and them Good Sir John Presbyter These are the Men and these are the Manners these are their Positions and Principles this is their Meekness and Charity their Tenderness and Unity these are their Thoughts of Monarchy and Episcopacy of Order and Government of Obedience and Subjection Here is a taste of their Divinity Humanity Morality Politicks Ethicks and Honesty though it is Canis ad Nilum only a few Snaps and away for fear of the Crocodiles and indeed Nilus is their proper Emblematical Parent and they are the very Crocodiles of Religion who are always Whining till they are able to devour the Government But certainly here is sufficient Deformity to perswade all Good Virtuous and Religious People for ever to abandon them not but that if I thought it necessary or that it would not Nauseate rather than Divert the Reader I could have blotted many more Pages out of their own Ink but truly measuring the Inclinations of others by my own I must ingenuously acknowledge that it gives me very slender diversion to Traffick in such Course Painting and such Ugly Colours but there is a necessity that he who must Paint the Infernal Legions of Darkness should dip his Pencil in the deepest Black and pourtray Deformity And that he who would from the Life draw the exact Picture of Presbyterians Independents and other Sects must fetch the best Colours to do it with from their own Shops And truly it is a satisfaction to me that I have not had this drudgery put upon me but that these Monsters have drawn the Lineaments of their own hideous Shapes and Figures And whatever Opinion the present Separatists may have either of me or of their Predecessors I think though I might have displaid their Principles which are equally Monstrous and Dangerous in the proper Colours of Truth yet I should not have bespattered my self at this gross rate to render them more ugly And indeed let who will dress these Principles in the Whitest Garb they will look like Negro's who though Apparrelled in the cleanest Linnen will be Negro's still But certainly as there can be no Exceptions against the Persons who have given these Characters they being the Principal Champions and Heroes of these two powerful Sects of the Presbyterians and Independents so there can be no doubt of the Truth of their Characters for like skilful Combatants as by long tryal they best knew each others defects so they addressed themselves most vigorously to attack each other in the weakest places and one may well perceive by the mutual Wounds they give and receive that they both wanted the Armour of Truth And most assuredly if all they charge each other to be Guilty of be true Hell hath nothing able much to surpass them in Blackness and if they be false nothing that can equal them in Malice and Falseness so that let their Accusations be true or false they manifestly prove each Faction to be most intolerably Wicked Faithless Mischievous and Dangerous to all Mankind and even to Humane Society And for my own particular I cannot see how it had been possible to have found any Arguments so capable to undeceive and deliver the deluded People of this Nation out of that strange fond Opinion which they have entertained of such Sanctimonious Impostors as these with which they themselves have furnished us against themselves and this I hope may likewise excuse the Repetition of such Treasonable Positions such unmannerly and bitter Invectives such fierce Accusations and such horrible Crimes as these two Factions are by their own Mouths and Pens convicted to be Guilty of But their greatest Guilt is still behind the very Quintessence of those Envenomed Anti-Monarchical Principles refined into one Dismal Act. For notwithstanding all these mutual Quarrels they were still most Harmoniously consenting and united in the Prosecution of the King as the Common Enemy And after all the Miseries of a Cruel Bloody and Unnatural War in which they had involved the Kingdom they proceeded at the last to Consummate all their former Wickednesses by the most Execrable Design that ever the Sun lent Beams to the Day to behold the Murder of the Ornament of Monarchy the Miracle of Piety and the Vice-gerent of Heaven upon Earth the King their King their Natural Liege Lord and Soveraign seeking the Security of their former Treasons by his Ruine and palliating their Rebellion by Murdering first his Innocence and then his Sacred Person and indeavouring to cover all their Former Crimes by committing Greater For the Independent Faction under Cromwel's Favour who had now openly declared himself of that Party having now got into their Possession the uncontrolable Power of the Sword they first Endeavour to get the King now a Prisoner to the Parliament into the hands of the Army which was now wholly Independent the Prebyterians being thrust out of all Military Employs this was in a little time by Cromwel's Power effected by one Joyce a Creature of his who when he had given him an Account of the Success of that Commission That 's well said Cromwel for now I have the King in my Power I have the Parliament in my Pocket The next step was to make sure of the City of London which by the mischief it had done the King was of too great Importance to be slighted and of great Necessity and Advantage to be gained They were very sensible should London heartily and unanimously oppose them that heavy Weight would be able to turn the Scale and very much Traverse if not Hazard the intire Ruine of their Designs This Cromwel knew so well that he was wont to say to his Confidents That London must be brought to more absolute Obedience or laid in the Dust A Declaration well worth the Consideration of that Noble City and a Caution to them for ever to be aware of these Treacherous Factions who if their Interest required it and their Power were able to effect it would make no Difficulty to Execute the Menace of that Infamous Vsurper But to proceed in order to the gaining of this Point they first Court the City to a Neutrality but the City declining that and there being some Overtures of an Accommodation with the King which Cromwel and his Party most dreaded he Threatens to March up with the Army to London whereupon the Citizens Hearts misgiving them and the Independents having gained upon diverse Considerable Members of it it was Resolved to try to divert that Storm whereupon they send Fowke Gibbs and Estwick to Treat with the Army who like perfidious and timerous Slaves betrayed their Trust and those that Employed them in that Affair For the Result of their Negotiation was That the City should relinquish the Power of the Militia and leave the Establishment of it to the Council of the Army That they should deliver up all their Forts the Line of Communication the Tower with all the Arms and Ammunition to the Army That they should disband
their Forces demolish all their Out-works and Fortifications and suffer the whole Army to March through the City all which to the Eternal Dishonor of those Pusillanimous Cowards only Valiant in Rebellion they presently after most Triumphantly put in Execution This great Rub being so fortunately surmounted they now began to open the Dismal Scene and that they might extinguish the least remaining Sparks of Loyalty they fall to Menacing such as durst in the least Oppose them For upon the Debate which happened concerning the Nulling of all Acts Orders c. from July 26. 1647. to August 6. Sir Arthur Hasilrig openly declared in the House That some Heads must fly off and that he feared the Parliament of England would not Save the Kingdom of England that they must look another way for Safety And many other threatning Speeches were made by Sir H. Vane Jun. Sir John Evelyn Jun. Prideaux Gourdon Mildmay Scot and Cornelius Holland and in conclusion a Letter with a Remonstrance full of Invectives and Menaces from the General Fairfax and the general Council of the Army was produced by which Means they gained that Point also Upon the 24. of December the four Bills whereby the King was to be Devested of every thing but the Empty Name were sent to the King as the Conditions of restoring him to his Liberty and Crown And upon the third of January the Kings answer was Read and Debated upon which Sir Thomas Wroth broke out into this Extravagant Speech fitter for Bedlam Himself or rather Tyburn than St. Stephen's Chappel That Bedlam was appointed for Mad-men and Tophet for Kings That our Kings of late had carried themselves as if they were fit for no place but Bedlam and therefore Moved first to Secure the King and keep him close Prisoner in some Inland Castle with strong Guards Secondly to draw up Articles of Impeachment against him Thirdly to lay him aside and settle the Kingdom without him and for his own particular he said he valued not what Form of Government they set up so it were not by Kings and Devils This was Seconded by Ireton who spoke the Sense of the Army and said That the King had denyed Safety and Protection to his People by denying the four Bills That Subjection to his was but in lieu of Protection from him to the People that This being denied by the King they may well deny any more Subjection to him and settle the Kingdom without him That it was expected after so long Patience they should now shew their Resolution and not desert those Valiant Men of the Army who had ingaged for them beyond the possibility of retreat And to put the thrust home to the very Heart of the King towards the latter end of his Speech laying his Hand upon the Hilt of his Sword that Sorcerer Cromwel stood up and spake to this Effect That it was now expected that the Parliament should Govern and Defend the Kingdom by their own Power and Resolution and to teach the People no longer to expect Safety and Government from an Obstinate Man whose Heart God had hardened That they who had defended the Parliament from so many hazards difficulties and dangers with the expence of their Blood would defend them herein with Fidelity and Courage against all Opposition whatsoever therefore that they ought not to teach them by neglecting their own and the Kingdoms Safety in which their own is included to think themselves betrayed and left to the Rage and Malice of an irreconcilable Enemy whom they had subdued for the Parliament's sake and therefore in probability likely to find his future Government of them insupportable and more inclined to Revenge than Justice lest otherwise Despair should teach those Valiant Men to seek their Safety in some other means than adhering to the Parliament when they shall plainly see you will not stick to your selves and how destructive such a Resolution in them may be to you all added he I tremble to think and leave to you to Judge Whereupon the Question was immediately put Whether the Two Houses should make no more Addresses or Applications to the King and the House being Divided with the Yeas were 141. with the Noes 91. So it passed in the Affirmative But matters did not run so smoothly as they had hoped For the general Cry of the Nation was for a Personal Treaty with the King This was violently opposed by the Independent Faction and because there appeared great Inclinations in the City to favour the King they Threatned That after they had done with Colchester they would Humble that Proud City of London And to the Eternal Shame and Confusion of these Pretenders to Conscience and to Tender Conscience too the Reader shall hear that hideous Animal upon this occasion bray out the Bloody and Treasonable Thoughts of the Party possessed with this Legion in one of those Pamphlets which according to their constant Practice when they have the Press at Liberty they Print and Disperse abroad to poyson the abused People and to incite and animate them to Disloyalty Treason and the most Flagitious Villanies under pretence of following the Directions and Dictates of Conscience The Paper wears this Title The Voice of Conscience to all Well-meaning Citizens Printed July 16. 1648. And thus he Harangues the People If you desire to see a longer and more Bloody War and London as the Chief Seat thereof weltring in its own Blood your Wives Children and Families starved and pined to death through Poverty Famine and want of Trade if you would overthrow Parliaments for ever and subject both them and all People to the Will of the King and his Courtiers if you desire to see Foreigners invade you on all Hands and many Armies at once Quartered upon your Land putting hard for a New Conquest of this miserable divided Nation and if you desire to see your Wives and your Daughters ravished before your Faces and your Childrens Brains Dasht against the Stones by lustful and Blood-thirsty Cavaleers then follow the Steps of your Wealthy head-strong Aldermen and Common-Council-Men in their hasty pursuance of a Personal Treaty with the King or which is all one removing him out of the Armies Power For if you do flatter not your selves but be assured most Impious Confidence as certain as God is in Heaven you will see those Miseries come to pass and that swiftly too you will be devoured in an instant without Hope of Remedy But if you abhor and would prevent those Mischiefs then avoid and detest their Ingagement fly from it as from a Serpent it being a Viper bred in your own Bowels to destroy you and if you have unadvisedly subscribed it Repent speedily and Recal your Hands They most grosly delude you and abuse the Parliament in pretending they are able nay willing to Prevent or Suppress Tumults Trust them once and they will desire no more they will soon make it past a Treaty And when you lye at their Mercy complaining of
of the Floor of the Court was raised very high from the Ground and also made close up with Boards from the Ground about three Foot higher than the Level of the Court Floor so that the Commissioners whose safety seeems principally Consulted in this new Model could not be discerned much less pressed upon by the Multitude in the Hall but at some considerable distance But his Majesties back parts sitting and standing were always visible to the People below in the Hall he being placed as you see on the outer Line of the Pales of the Court. This Court extended it self in length and depth from the west Window of Westminster-Hall as far as the stone Steps now leading up to the Courts of the Chancery and the Kings-Bench and in Breadth from Gallery to Gallery belonging to the said Courts respectively covering and over-laying both the said Courts For the Usurpers thought it not enough to destroy and abolish the ancient Fundamental Laws the envied Ornaments of Monarchy and the Safeguard both of the King and People And to commit all the Liberties of England to the safe Custody of Keepers of their own appointing and who were to be Answerable to them for their Escape unless they also overwhelmed and trod under foot the said Courts also from whence those wholesome Laws were wont duly to be dispensed to the Nation that their place might no where be found but for ever be forgotten for when they had once killed and taken Possession also they then deserted and laid desolate those ancient Tribunals and planted the Courts of their Keepers of the Liberties of England and of their Vpper Bench forsooth along the North side of Westminster-Hall whence they distributed to the enslaved People such Liberties Priviledges and Laws as they thought fit to afford them A Passage lined with Souldiers on both sides leading from the Court of Wards into the High Court of Justice and through which the Commissioners coming from the Painted Chamber made their entry into the said Court. The Place where the moving Guard with Partizans who together with the Serjeant at Arms and a Person carrying the Sword of State or Justice always came along with the Commissioners from the Exchequer Chamber into the Court stood sitting the Court. The place where the moving Guards with Partizans which always attended the King from Sir Robert Cotton's House up into the said Court and back thither again stood sitting the Court. The passage leading from the Stair head to the distinct Apartment appointed for the King as aforesaid Note This passage was railed and hung with Turky Carpets and always kept Barr'd and Empty on purpose as is to be supposed that none might come near the King to advise or assist him in any wise The Partition where the Counsel of the Common-wealth viz. Cooke Dorislaus and Aske stood alone on the Right hand of the King as he was sitting The Stairs by which the King ascended up into the Court out of Westminster-Hall The Passage leading into Westminster-Hall from Sir Robert Cotton's House where His Majesty was kept under strong Guards in readiness when the Court should from time to time order him to be brought up This Passage was planted thick with Souldiers on both sides who as his Majesty passed through them to and from the Court were wont to blow their stinking Mundungoes in his Royal Face without any reproof of their Officers who at that time durst not distaste the Souldiers nor appear Guilty of any the least Respects if they had any for the King Of which base rudeness and affront the King yet made no Complaint though he gave them to understand he was sensible of it by his often putting away the offensive smoak with his Hand A large free Passage leading from Westminster-Hall gate streight through the said Hall within 12 or 14 Foot of the bottom of this Court Another such like passage going cross the upper end of the last mentioned passage reaching and extending it self from one side of the said Hall to the other Note both these Passages were strongly Rayled to keep the Multitude who when the Court was set was freely permitted to fill the Hall between the Rayls and the Wall from breaking in upon the Souldiers who were planted all along within the Rayles to observe and awe the Multitude and secure the Court. In these vacant free Passages the Officers walked to and fro in a readiness and the Souldiers thus fenced from the Mulitude had the free use and security of their Arms upon all Accidents and which was thought to be no more than necessary For how confident soever the said Commissioners might seem to be yet certainly they had their Fears Witness besides all this solemnity of security in view as aforesaid the Guards in both the Palace Yards the Guards in Sir Robert Cotton's Garden Journal Page 18 19. The bricking up the Door in the passage going out of the Hall towards Heaven The strong Guards in the Courts of Request and Court of Wards where no Stranger upon any terms was permitted to stay the Commissioners being to pass through those Guards from the Painted Chamber into the Court by which it appeared they had Fears within and without and on every side else what meant those other Guards also placed above in the Leads on the out side the Hall and other suspected places mentioned in the Journal Page 19. if it were not to prevent the danger which they feared might otherwise have come from thence upon them where they sat indeed a very fair Mark for any Person that had been but half so bloody-minded as themselves The thronging Multitudes between the Rayles and the Hall Walls The Officers walking up and down in the said free Passages between the Souldiers standing within the Rayles ready to give the necessary Orders and Commands upon all occasions The Pageants of this Mock-Tribunal is thus represented to your view by an Eye and Ear Witness of what he saw and heard there Charles by y e Grace of God King of Great Britain France Ireland Defender of the Faith etc. A JOURNAL OF THE PROCEEDINGS OF THE High Court of Iustice ERECTED By Act of the Commons of England Intituled An Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for the Trying and Judging of CHARLES STUART King of England The Tenor whereof followeth viz. The Act. An Act of the Commons of England Assembled in Parliament for Erecting of a High Court of Justice for the Trying and Judging of Charles Stuart King of England WHereas it is notorious That Charles Stuart the now King of England not content with those many Encroachments which his Predecessors had made upon the People in their Rights and Freedoms hath had a wicked Design totally to Subvert the Ancient and Fundamental Laws and Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all other evilways and means to
bring this Design to pass he hath prosecuted it with Fire and Sword Levied and maintained a cruel VVar in the Land against the Parliament and Kingdom whereby the Country hath been miserably wasted the Publick Treasure Exhausted Trade decayed thousands of People murdered and infinite other mischiefs committed For all which high and treasonable Offences the said Charles Stuart might long since justly have been brought to exemplary and condign Punishment VVhereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the distempers of the Kingdom did forbear to proceed Judicially against him but found by sad Experience that such their Remisness served only to encourage him and his Complices in the continuance of their evil practices and in raising of new Commotions Rebellions and Invasions for prevention therefore of the like or greater Inconveniences and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Nation and to expect Impunity for so doing Be it Ordained and Enacted by the Commons in Parliament and it is hereby Ordained and Enacted by Authority thereof That Thomas Lord Fairfax Oliver Cromwell Henry Ireton Esquires Sir Hardress Waller Knight Philip Skippon Valentine Wauton Thomas Harrison Edward Whaley Thomas Pride Isaac Ewer Richard Ingoldsby Henry Mildmay Esquires Sir Thomas Honywood Thomas Lord Grey of Groby Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Sir James Harrington Sir William Allanson Sir Henry Mildmay Sir Thomas Wroth Knights Sir William Masham Sir John Barrington Sir William Brereton Baronets Robert Wallop William Heveningham Esquires Isaac Pennington Thomas Atkins Rowland Wilson Aldermen of the City of London Sir Peter Wentworth Knight of the Bath Henry Martin William Purefoy Godfrey Bosvile John Trenchard Herbert Morley John Berkstead Matthew Tomlinson John Blackiston Gilbert Millington Esquires Sir William Constable Baronet Edmond Ludlow John Lambert John Hutchinson Esquires Sir Arthur Hesilrige Sir Michael Livesey Baronets Richard Salwey Humphry Salwey Robert Tichbourn Owen Roe Robert Manwaring Robert Lilbourn Adrian Scroop Richard Deare John Okey Robert Overton John Huson John Desborough William Goff Robert Duckenfield Cornelius Holland John Carey Esquires Sir William Armyn Baronet John Jones Esquire Miles Corbet Francis Allen Thomas Lister Benjamin Weston Perigrin Pelham John Gourdon Esquires Francis Thorp Serjeant at Law John Nutt Thomas Challoner Algernon Sydney John Anlaby John Moore Richard Darley VVilliam Say Joh. Aldred John Fagg James Nelthorp Esquires Sir VVilliam Roberts Knight Francis Lastells Alexander Rigby Henry Smith Edmond VVild James Challoner Josias Berners Dennis Bond Humphrey Edwards Gregory Clement John Fry Thomas VVogan Esquires Sir Gregory Norton Baronet John Bradshaw Serjeant at Law Edmond Harvey John Dove John Ven Esquires Iohn Fowks Alderman of the City of London Thomas Scot Esquire Thomas Andrews Alderman of the City of London William Cawley Abraham Burrell Anthony Stapeley Roger Gratwick Iohn Downs Thomas Horton Thomas Hammond George Fenwick Esquires Robert Nicholas Serjeant at Law Robert Reynolds Iohn Lisle Nicholas Love Vincent Potter Esquires Sir Gilbert Pickering Baronet Iohn Weaver Roger Hill Iohn Lenthall Esquires Sir Edward Banton Iohn Corbet Thomas Blunt Thomas Boon Augustine Garland Augustine Skinner Iohn Dixwell George Fleetwood Simon Meyne Iames Temple Peter Temple Daniel Blagrave Esquires Sir Peter Temple Knight and Baronet Thomas VVayte Iohn Brown Iohn Lowry Esquires Shall be and are hereby Appointed and Required to be Commissioners and Judges for the Hearing Trying and Adjudging of the said Charles Stuart And the said Commissioners or any Twenty or more of them shall be and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster and to adjourn from time to time and from place to place as the said High Court or major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned and for the receiving of his personal Answer thereunto and for the examination of VVitnesses upon Oath which the Court hath hereby Authority to administer or otherwise and taking any other Evidence concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause and such final Sentence to execute or cause to be executed speedily and impartially And the said Court is hereby Authorized and required to appoint and direct all such Officers Attendants and other circumstances as they or the major part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises And Thomas Lord Fairfax the General and all Officers and Soldiers under his command and all Officers of Justice and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed Provided That this Act and the Authority hereby granted do continue in force for the space of one Month from the making hereof and no longer Hen. Scobell Cler. Par. Dom. Com. In pursuance of which said Act the House of Commons Ordered as followeth viz. Die Sabbati 6. Jan. 1648. ORdered by the Commons Assembled in Parliament That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart King of England do meet on Monday next at two of the Clock in the afternoon in the Painted Chamber By virtue of which said recited Act and of the said Order grounded thereupon the Commissioners whose Names are here under-written met on Monday the said eighth day of January 1648. in the said Painted Chamber at Westminster where the said Act was openly read and the Court called Commissioners Present Thomas Lord Fairfax Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Valentine Wauton Edward Whaley Thomas Pride Isaac Ewers Sir Gregory Norton Bar. Peter Temple Esq John Ven Esq Thomas Challoner Esq Henry Martin Esq John Berkstead Esq Gilbert Millington Esq Richard Deane Esq Cornelius Holland Esq John Jones Esq John Aldred Esq Henry Smith Esq John Lisle Esq James Temple Esq Adrian Scroope Esq Edmond Ludlow Esq John Huson Esq Thomas Harrison Esq Nicholas Love Esq Thomas Lord Grey of Groby Sir John Danvers Sir Tho Maleverer Bar. Sir John Bourchier Sir Henry Mildmay James Challoner Esq Gregory Clement Esq John Fry Esq Augustine Garland Esq Daniel Blagrave Esq Robert Tichbourn Esq Wil. Heveningham Esq William Purefoy Esq John Blackistone Esq William Lord Mounson John Okey Esq John Carew Esq
Peregrine Pelham Esq Francis Lassells Esq John Downs Esq John Brown Esq John Hutchinson Esq Miles Corbet Esq Humphrey Edwards Esq Edmond Harvy Esq William Goff Esq The Comissioners of the Court being as aforesaid met and informing themselves of the tenor of their Commission they accordingly appoint the said Court to be holden in the same place on Wednesday the Tenth of the said Month of January and ordered Proclamation thereof to be made in the great Hall at Westminster by Edward Dendy Serjeant at Arms Authorizing him thereunto by Precept under their Hands and Seals in these words following viz. By Virtue of an Act of the Commons of England Assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of Charles Stuart King of England we whose Names are hereunder written being Commissioners amongst others nominated in the said Act do hereby appoint That the High Court of Justice mentioned in the said Act shall be holden in the Painted Chamber in the Palace of Westminster on Wednesday the tenth day of this instant January by One of the Clock in the afternoon and this we do appoint to be Notified by Publique Proclaiming hereof in the great Hall at Westminster to morrow being the Ninth day of this Instant January betwixt the hours of Nine and Eleven in the Forenoon In Testimony whereof we have hereunto set our Hands and Seals this eight day of January Anno Domini 1648. We the Commissioners whose Names are hereunto Subscribed do hereby Authorize and Appoint Edward Dendy Serjeant at Arms to cause this to be Proclaimed according to the Tenor thereof and to make due Return of the same with this Precept to the said Court at the time and place above-mentioned Sealed and Subscribed by William Monson Tho. Grey Oliver Cromwell Gregory Norton Henry Ireton H. Edwards John Hutchinson Har. Waller William Constable John Lisle Henry Martin Valentine Wauton John Blackistone Gilbert Millington Adrian Scroope James Temple James Chaloner Thomas Harrison John Jones John Huson Peregr Pelham Edward Ludlow John Berkstead Peter Temple Edw. Whaley John Okey Rob. Tichbourn Thomas Pride Henry Smith Thomas Maleverer Thomas Challoner John Fry John Bourchier John Carew Aug. Garland Richard Deane Daniel Blagrave Which said Precept is thus returned on the Backside viz. I have caused due Proclamation to be made hereof according to the tenor of the Precept within written E. Dendy Serjeant at Arms. And in order to the more regular and due proceedings of the said Court they nominate Officers and accordingly chose Mr. Aske Dr. Dorislaus Mr. Steel and Mr. Cooke Councel to attend the said Court Mr. Greaves and Mr. John Phelpes Clerks to whom notice thereof was ordered to be given Mr. Edward Walford Mr. John Powel Mr. John King Mr. Phineas Payne and Mr. Hull are chosen Messengers to attend this Court January the Ninth 1648. According to the Precept of the Eighth instant Serjeant Dendy made Proclamation for the sitting of the said Court in manner following viz. About Ten of the clock of the same day the said Serjeant being attended with six Trumpets and a Guard of two Troops of Horse himself with them on horseback bearing his Mace rideth into the middle of Westminster-Hall the Court of Chancery then sitting at a general Seal where after the said Trumpets sounding the Drums then likewise beating in the Palace-yard he causeth the said Precept to be openly read which being done the House of Commons at the same time sitting Order as followeth Die Martis 9 Januarii 1648. Ordered by the Commons Assembled in Parliament that the same Proclamation that was made this Morning in Westminster-Hall touching the Tryal of the King be made at the Old Exchange and in Cheapside forthwith and in the same manner and that Serjeant Dendy the Serjeant at Arms do Proclaim the same accordingly and that the Guard that lieth in Pauls do see the same done In pursuance whereof Serjeant Dendy about twelve of the clock of the same day accompanied with ten Trumpets and Two Troops of Horse drawn out for that purpose in Paul's Church-Yard himself mounted bearing his Mace they all march from thence unto the Old Exchange London where after the Trumpets had sounded he maketh Proclamation as he had done before in Westminster-Hall And from thence they immediately march to Cheapside making the like Proclamation there also in manner as aforesaid during all which time the Streets are throng'd with Spectators without the least violence injury or affront publiquely done or offered Mercurii 10 Januarii 1648. Commissioners present Painted Chamber Oliver Cromwell Esq Henry Ireton Esq Sir Hardress Waller Knight Valentine Wauton Esq Edward Whaley Esq Thomas Harrison Esq Thomas Pride Esq Sir Thomas Maleverer Baronet James Challoner Sir John Danvers John Fry Sir Gregory Norton Augustine Garland Peter Temple Daniel Blagrave John Ven. Henry Martin William Purefoy John Blackistone Gilbert Millington Edmond Ludlow John Hutchinson John Corbet Robert Tichbourne Esq Owen Roe Esq John Dean Esq John Huson Esq Cornelius Holland Esq John Carew Esq Thomas Lister Esq Sir Henry Mildmay Knight Thomas Challoner Esq Peregrine Pelham Esq John Moor Esq William Say Esq Francis Lassells Esq Henry Smith Esq Thomas Scot Esq Nicholas Love Esq Vincent Potter Esq Adrian Scroope Esq John Dixwell Esq John Lisle Esq John Okey Esq John Berkstead Esq The Court being sat in the Place aforesaid began to take into consideration the manner and order that they intended to observe at the Kings Tryal and appointed two Ushers of the Court viz. Mr. Edward Walford and Mr. Vowell and Mr. Litchman was chosen a Messenger of this Court John Bradshaw Serjeant at Law a Commissioner of this Court was then chosen President of the said Court who being absent Mr. Say one of the Commissioners then present was appointed President Pro tempore and untill the said Serjeant Bradshaw should attend the said Service the said Mr. Say accordingly took his place and gave the thanks of this Court to Mr. Garland one of the Commissioners of this Court for his great pains by him formerly taken about the business of this Court The Court were informed of the great and important Imployment that at present lay upon Mr. Greaves in the behalf of the Commonwealth from which he cannot be spared without prejudice to the Publique and it was therefore moved in his behalf that he might be Excused from attending the service of one of the Clerks of the said Court which the Court admitted as a sufficient Excuse and thereupon Mr. Andrew Broughton was named and appointed one of the Clerks of this Court with John Phelpes the said John Phelpes being then sent for by a Messenger of the Court and accordingly making his appearance was commanded to attend the said service who attended the same accordingly and a Messenger of the Court was sent to Summon the said Mr. Broughton Mr. Aske Mr. Steel Dr. Dorislaus and Mr. Cooke are appointed Councel in the behalf of the Common-wealth to prepare and
day of July in the Year of our Lord 1644. at Cropredy-Bridge in the County of Oxon and upon or about the thirtieth day of September in the last Year mentioned at Bodwyn and other Places near adjacent in the County of Cornwall and upon or about the thirtieth day of November in the Year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the Year of our Lord 1645. at the Town of Leicester and also upon the fourteenth day of the same Month in the same Year at Nazeby-Field in the County of Northampton At which several Times and Places or most of them and at many other Places in this Land at several other times within the Years afore-mentioned and in the Year of our Lord 1646. He the said CHARLES STUART hath caused and procured many Thousands of the free People of this Nation to be slain and by Divisions Parties and Insurrections within this Land by Invasions from Foreign Parts endeavoured and procured by him and by many other evil ways and means He the said CHARLES STUART hath not only 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 1648. in the Counties of Kent Essex Surrey Sussex Middlesex and many other Counties and Places in England and Wales and also by Sea And particularly He the said CHARLES STUART hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other Persons many such as were by the Parliament intrusted and employed for the safety of the Nation being by him or his Angels corrupted to the betraying of their Trust and revolting from the Parliament have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said CHARLES STUART Levied Continued and Renewed as aforesaid much innocent Blood of the free People of this Nation hath been spilt many Families have been undone the Publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast Expence and Dammage to the Nation incurred and many parts of this Land spoiled some of them even to desolation And for further Prosecution of his said evil Designs He the said CHARLES STUART doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreigners and to the E. of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said CHARLES STUART All which wicked Designs Wars and evil Practices of him the said CHARLES STVART have been and are carried on for the advancement and upholding of a Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that He the said CHARLES STVART hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Dammages and Mischiefs to this Nation acted and committed in the said Wars or occasioned thereby And the said John Cooke by Protestation saving on the behalf of the said People of England the liberty of exhibiting at any time hereafter any other Charge against the said CHARLES STVART and also of replying to the Answers which the said CHARLES STVART shall make to the Premises or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said CHARLES STVART as a Tyrant Traytor Murderer and a Publick and implacable Enemy to the Commonwealth of England and pray that the said CHARLES STVART King of England may be put to answer all and every the Premises and that such Proceedings Examinations Trials Sentences and Judgments may be thereupon had as shall be agreeable to Justice Subscribed John Cooke The Prisoner while the Charge was reading sate down in his Chair looking sometimes on the High Court and sometimes on the Galleries and rose again and turned about to behold the Guards Spectators and after sate down looking very sternly and with a Countenance not at all moved till these words viz. CHARLES STVART to be a Tyrant Traytor c. were read at which he laughed as he sate in the face of the Court. The Charge being read the Lord President in the Name of the Court demanded the Prisoner's Answer thereto But the Prisoner declining that fell into a Discourse of the late Treaty in the Isle of Wight and demanded By what lawful Authority he was brought from the Isle thither upbraiding the Court with the many unlawful Authorities in the World instancing in Robbers and takers of Purses pleading his Kingship and thereby a Trust committed to him by God by descent which he should betray together with the Liberties of the People in case he should answer to an unlawful Power which he charged the Court to be and that they were raised by an Vsurped Power and affirmed that He stood more for the Liberties of the People than any of the Judges there sitting and again demanded by what Authority he was brought thither To which it was replied by the Court That had he been pleased to have observed what was declared to him by the Court at his first coming and the Charge which he had heard read unto him he might have informed himself by what Authority he was brought before them namely By the Authority of the Commons of England Assembled in Parliament on the behalf of the People of England and did therefore again several times advise him to consider of a better Answer which he refused to do but persisted in his Contumacy Whereupon the Court at length told him That they did expect from him a Positive Answer to the Charge affirming their Authority and giving him to understand that they were upon God's and the Kingdom 's Errand and that the Peace stood for would be better had and kept when Justice was done and that was their present Work and advised him seriously to consider what he had to do at his next appearance which was declared should be upon Monday following and so remanded him to his former Custody The Prisoner all the time having kept on his Hat departed without shewing any the least respect to the Court but going out of the Bar said He did not fear that Bill pointing to the Table where the Sword and Charge lay The Prisoner being withdrawn three Proclamations were made and the Court Adjourned it self to the Painted Chamber on Monday Morning then next at Nine
Prisoner in mind of former Proceedings and that although by the Rules of Justice if Advantage were taken of his past Contempts nothing would remain but to pronounce Judgment against him they had nevertheless determined to give him leave to Answer his Charge which as was told him in plain terms for Justice knew no respect of Persons to plead Guilty or Not Guilty thereto To which he made Answer as formerly That he would not acknowledge the Jurisdiction of the Court and that it was against the Fundamental Laws of the Kingdom that there was no Law to make a King a Prisoner that he had done nothing against his Trust and issued out into such like Discourses Upon which the Courts Resolution was again remembred to him and he told That he had now the third time publickly disowned and affronted the Court That how good a Preserver he had been of the Fundamental Laws and Freedoms of the People his Actions had spoken that mens Intentions were used to be shewed by their Actions and that he had written his Meaning in bloody Characters throughout the Kingdom and that he should find at last though at present he would not understand it that he was before a Court of Justice Hereupon in the manner appointed the Clerk in the Name of the Court demanding the Prisoners Answer to his Charge and the same refused the Default was Recorded the Prisoner remanded and the Court Adjourned to the Painted Chamber Painted Chamber The Court according to their former Adjournment from Westminster-Hall came together from thence into the Painted Chamber where they sate privately and Ordered as followeth Ordered That no Commissioner ought or shall depart from the Court without the special leave of the said Court This Court took into consideration the managing of the Business of the Court this day in the Hall and the King's Refusal to Answer notwithstanding he had been three several times demanded and required thereunto and have thereupon fully approved of what on the Courts part had then passed and Resolved That Notwithstanding the said Contumacy of the King and refusal to plead which in Law amounts to a standing mute and tacit Confession of the Charge and notwithstanding the Notoriety of the Fact charged the Court would nevertheless however examine Witnesses for the further and clearer satisfaction of their own Judgments and Consciences the manner of whose Examination was referred to further Consideration the next Sitting and Warrants were accordingly issued forth for summoning of Witnesses Mr. Peters moveth the Court as a Messenger from the King viz. That the King desires he might speak with his Chaplains that came unto him privately but the House of Commons having taken that into their Consideration the Court conceived it not proper for them to intermeddle therein The Court Adjourned it self till Nine of the Clock to morrow morning to this Place What passed in the Hall more at large than is related by Phelpes in this Days Transactions see in the following Discourse The King being brought in by the Guard looks with a Majestick Countenance upon his Pretended Judges and sits down After the second O Yes and Silence commanded Cooke began more insolently Cooke May it please your Lordship My Lord President This is now the third time that by the great Grace and Favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibit a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute paid him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defiance of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord instead of making any Answer he did then dispute the Authority of this High Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being Yesterday I did humbly move that he might be required to give a direct and positive Answer either by Denying or Confession of it But my Lord he was then pleased for to Demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord Besides this great Delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole That according to the known Rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea Guilty or Not Guilty of the Charge given against him whereby he may come to a fair Tryal that as by an implicite Confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides My Lord I shall humbly press your Lordship upon the whole Fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the Matter of the Charge is true as it is in truth My Lord as clear as Crystal and as the Sun that shines at Noon-day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent Blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir You have heard what is moved by the Councel on the behalf of the Kingdom against you Sir You may well remember and if you do not the Court cannot forget what dilatory Dealings the Court hath found at your hands You were pleased to propound some Questions You have had Your Resolution upon them You were told over and over again That The Court did affirm their own Jurisdiction that it was not for You nor any other man to dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal and touching which there must be no Dispute yet You did persist in such Carriage as You gave no manner of Obedience nor did You acknowledge any Authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these Delays of yours and that they ought not being thus
Authorized by the Supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the Rules of Justice take advantage of these Delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your Positive and Final Answer in plain English whether you be Guilty or not Guilty of these Treasons laid to your Charge The King after a little Pause said When I was here Yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir You have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a Nature against you your Work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the Advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other Discourses till such time as you have given a Positive Answer concerning the Matter that is charged upon you King For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a New Court that I never heard of before I that am your King that should be an example to all the People of England for to uphold Justice to maintain the Old Laws indeed I know not how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon me by God to the Maintenance of the Liberties of my People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in me lies the Ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Answer If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted he said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known Two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir You must know the Pleasure of the Court. King By your favour Sir Bradshaw Nay Sir By your Favour You may not be permitted to fall into those Discourses You appear as a Delinquent You have not acknowledged the Authority of the Court The Court craves it not of You but once more they command You to give Your Positive Answer Clerk do your Duty King Duty Sir The Clerk reads CHARLES STVART King of England You are accused in the behalf of the Commons of England of divers High Crimes and Treasons which Charge hath been read unto you The Court now requires you to give your Positive and Final Answer by way of Confession or Denial of the Charge King Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their Priviledges to alter the Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir This is the third time that You have publickly disown'd this Court and put an Affront upon it How far You have preserv'd the Priviledges of the People Your Actions have spoke it but truly Sir Mens Intentions ought to be known by their Actions You have written Your Meaning in bloody Characters throughout the whole Kingdom But Sir You understand the Pleasure of the Court. Clerk Record the Default And Gentlemen You that took Charge of the Prisoner take him back again King I will only say this one Word more to you if it were only My own Particular I would not say any more nor interrupt you Bradshaw Sir You have heard the Pleasure of the Court and You are notwithstanding You will not understand it to find that You are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all Persons which had then appeared and had further to do at the Court might depart into the Painted Chamber to which Place the Court did forthwith Adjourn and intended to meet at Westminster-Hall by Ten of the Clock next Morning Cryer God bless the Kingdom of England Mercurii 24 Jan. 1648. Painted Chamber Three Proclamations made The Commissioners Present John Bradshaw Serjeant at Law Lord President Sir Thomas Maleverer Baronet Thomas Scot. Edward Whalley John Carew Edmund Harvey Owen Roe John Blackistone William Purefoy Henry Smith John Fry Francis Lassels Daniel Blagrave Anthony Stapeley Sir Gregory Norton Bar. William Cawley Robert Tichbourne Henry Marten Oliver Cromwell Sir John Danvers John Moore Richard Deane Vincent Potter Thomas Horton Cornelius Holland John Berkstead Tho. Lord Grey of Groby John Huson John Okey Gilbert Millington John Jones William Goffe Sir John Bourchier Isaac Pennington Ald. of Lond. Simon Meyne Adrian Scroope John Dixwell Isaac Ewers John Aldred Peter Temple Peregrine Pelham Edmund Ludlow John Hutchinson Thomas Pride William Heveningham Sir William Constable Francis Allen. The Court took into Consideration the Manner how the Witnesses should be Examined and in regard the King hath not Pleaded to Issue and that this Examination was ex abundanti only for the further satisfaction of themselves Resolved That the Witnesses shall be Examined to the Charge against the King in the Painted Chamber before the Court there Ordered That Mr. Millington and Mr. Tho. Challoner do forthwith repair unto John Brown Esq Clerk of the House of Peers for such Papers as are in his Custody which are conducible for the Business and Service of this Court and the said Mr. Brown is required to send the said Papers hither accordingly Witnesses Produced and Sworn in Court to give Evidence to the Charge against the King Henry Hartford Edward Roberts William Braynes Robert Lacy.
the Parliaments Justice explaining the Nature of the Crimes of which the Prisoner stood charged and for which he was to be condemned and by way of Exhortation to the Prisoner to a serious Repentance for his high Transgressions against God and the People and to prepare for his Eternal Condition The Sentence formerly agreed upon and put down in Parchment-Writing O Yes being first made for Silence was by the Courts Command solemnly pronounced and given the Tenor whereof followeth Whereas the Commons of England Assembled in Parliament have by their late Act Entituled An Act of the Commons of England Assembled in Parliament for Erecting of an High Court of Justice for the Trying and Judging of CHARLES STVART K. of England Authorized and Constituted us an High Court of Justice for the Trying and Judging of the said CHARLES STUART for the Crimes and Treasons in the said Act mentioned By vertue whereof the said CHARLES STUART hath been three several times convented before this High Court where the first Day being Saturday the Twentieth of Jan. instant in pursuance of the said Act a Charge of high Treason and other high Crimes was in the behalf of the People of England Exhibited against him and read openly unto him wherein he was charged That he the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Law of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the Good and Benefit of the People and for the preservation of their Rights and Liberties Yet nevertheless out of a wicked Design to erect and uphold in himself an Vnlimited and Tyrannical Power to rule according to his Will and to overthrow the Rights and Liberties of the People and to take away and make void the Foundations thereof and of all Redress and Remedy of Misgovernment which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments or National Meetings in Councel he the said CHARLES STVART for accomplishment of such his Designs and for the protecting of himself and his Adherents in his and their wicked Practices to the same End hath trayterously and maliciously Levied War against the present Parliament and People therein represented as with the Circumstances of Time and Place is in the said Charge more particularly set forth And that he hath thereby caused and procured many Thousands of the free People of this Nation to be slain and by Divisions Parties and Insurrections within this Land by Invaisons from Foreign Parts endeavoured and procured by him and by many other evil ways and means he the said CHARLES STVART hath not only maintained and carried on the said War both by Sea and Land 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 1648. in several Counties and Places in this Kingdom in the Charge specified and that he hath for that purpose given his Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and employed for the Safety of this Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had Entertainment and Commission for the continuing and renewing of the War and Hostility against the said Parliament and People and that by the said cruel and unnatural War so levied continued and renewed much innocent Blood of the free People of this Nation hath been spilt many Families undone the Publick Treasure wasted Trade obstructed and miserably decayed vast expence and dammage to the Nation incurred and many parts of the Land spoiled some of them even to desolation and that he still continues his Commission to his said Son and other Rebels and Revolters both English and Foreigners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned by his Procurement and on his behalf And that all the said wicked Designs Wars and evil Practices of him the said CHARLES STVART were still carried on for the Advancement and Vpholding of the Personal Interest of Will Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation And that he thereby hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murthers Rapines Burnings Spoils Desolations Dammage Mischief to this Nation acted and committed in the said Wars or occasioned thereby Whereupon the Proceedings and Judgment of this Court were prayed against him as a Tyrant Traytor and Murtherer and publick Enemy to the Commonwealth as by the said Charge more fully appeareth To which Charge being read unto him as aforesaid He the said CHARLES STVART was required to give his Answer but he refused so to do And upon Monday the twenty second day of January instant being again brought before this Court and there required to answer directly to the said Charge he still refused so to do whereupon his Default and Contumacy was Entred and the next day being the third time brought before the Court Judgment was then prayed against him on the behalf of the People of England for his Contumacy and for the Matters contained against him in the said Charge as taking the same for confest in regard of his refusing to Answer thereto Yet notwithstanding this Court not willing to take advantage of his Contempt did once more require him to Answer to the said Charge but he again refused so to do Vpon which his several Defaults this Court might justly have proceeded to Judgment against him both for his Contumacy and the Matters of the Charge taking the same for confest as aforesaid Yet nevertheless this Court for their own clearer Information and further satisfaction have thought fit to examine Witnesses upon Oath and take notice of other Evidences touching the Matters contained in the said Charge which accordingly they have done Now therefore upon serious and mature deliberation of the Premises and consideration had of the Notoreity of the Matters of Fact charged upon him as aforesaid this Court is in judgment and Conscience satisfied that he the said CHARLES STVART is guilty of Levying War against the said Parliament and People and maintaining and continuing the same for which in the said Charge he stands accused and by the general course of his Government Councels and Practices before and since this Parliament began which have been and are notorious and publick and the Effects whereof remain abundantly upon Record this Court is fully satisfied in their Judgments and Consciences that he hath been and is guilty of the wicked Designs and Endeavors
to Will and Require you to see the said Sentence Executed in the open Street before White-Hall upon the Morrow being the Thirtieth Day of this instant Month of January between the hours of Ten in the Morning and Five in the Afternoon of the same Day with full effect And for so doing this shall be your sufficient Warrant And these are to require all Officers Soldiers and others the Good People of this Nation of England to be assisting unto you in this Service Given under our Hands and Seals To Col. Francis Hacker Col. Huncks and Lieutenant Col. Phray and to every of them Sealed and Subscribed by John Bradshaw Tho. Grey Oliver Cromwell Edward Whalley Michael Livesey John Okey John Danvers John Bourchier Henry Ireton Thomas Maleverer John Blackistone John Hutchinson William Goffe Thomas Pride Peter Temple Tho. Harrison John Huson Henry Smith Peregrine Pelham Simon Meyne Thomas Horton John Jones John Moore Hardress Waller Gilbert Millington George Fleetwood John Alured Robâ—rt Tilbourne William Say Anthony Stapeley Richard Deane Robert Tichbourne Humphrey Edwards Daniel Blagrave Owen Roe William Purefoy Adrian Scroope James Temple Augustine Garland Edmund Ludlow Henry Marten Vincent Potter William Constable Richard Ingoldsby William Cawley John Berkstead Isaac Ewers John Dixwell Valentine Wauton Gregory Norton Tho. Challoner Thomas Wogan John Venn Gregory Clement John Downes Thomas Waite Thomas Scott John Carew Miles Corbet It was Ordered That the Officers of the Ordnance within the Tower of London or any other Officer or Officers of the Store within the said Tower in whose Hands or Custody the bright Execution-Axe for the Executing Malefactors is do forthwith deliver unto Edward Dendy Esq Serjeant at Arms attending this Court or his Deputy or Deputies the said Axe and for their or either of their so doing this shall be their Warrant Directed to Col. John White or any other Officer within the Tower of London whom it concerneth The Court Adjourned till to morrow Morning at Nine of the Clock Mercurii 30 Jan. 1648. Painted Chamber Commissioners meet Ordered That Mr. Marshall Mr. Nye Mr. Caryl Mr. Salway and Mr. Dell be desired to Attend the King to Administer to him those Spiritual Helps as should be sutable to his present Condition And Lieut. Col. Goffe is desired forthwith to repair unto them for that purpose Who did so but after informed the Court That the King being aquainted therewith refused to confer with them expressing that he would not be troubled with them Ordered That the Scaffold upon which the King is to be Executed be covered with Black The Warrant for Executing the King being accordingly delivered to those Parties to whom the same was directed Execution was done upon him according to the Tenor of the said Warrant about Two of the Clock in the Afternoon of the said Thirtieth of January Mr. Phelpes makes as short Work of this part of the Narrative as his Infamous Masters had done of their Pretended Tryal of this Illustrious Innocent and therefore to supply that Defect take the following Account of the Conclusion of this Dismal Tragedy Tuesday the Thirtieth of January the Fatal Day being come the Commissioners met and Ordered four or five of their Ministers to attend upon the King at St. James's where they then kept him but his Majesty well knowing what miserable Comforters they were like to prove refused to have Conference with them That Morning before his Majesty was brought thence the Bishop of London who with much ado was permitted to wait upon him a day or two before and to assist him in that sad Instant read Divine Service in his Presence in which the 27th of St. Matt. the History of our Saviours Crucifixion proved the Second Lesson The King supposing it to have been selected on purpose thank'd him afterwards for his seasonable Choice But the Bishop modestly declining that undue Thanks told him that it was the Lesson appointed by the Calendar for that day He also then and there received of the Bishop the Holy Sacrament and performed all his Devotions in preparation to his Passion Which ended about Ten of the Clock his Majesty was brought from St. James's to White-Hall by a Regiment of Foot with Colours flying and Drums beating part marching before and part behind with a private Guard of Partisans about him the Bishop on the one hand and Col. Tomlinson who had the Charge of him on the other both bare-headed his Majesty walking very fast and bidding them go faster added That he now went before them to strive for an Heavenly Crown with less solicitude than he had often encouraged his Soldiers to fight for an Earthly Diadem Being come to the end of the Park he went up the Stairs leading to the Long Gallery in White-Hall so into the Cabinet-Chamber where he us'd formerly to lodge There finding an unexpected Delay in being brought upon the Scaffold which they had not as then fitted he past the time at convenient Distances in Prayer About Twelve of the Clock his Majesty refusing to Dine only eat a Bit of Bread and drank a Glass of Claret and about an hour after Col. Hacker with other Officers and Soldiers brought him with the Bishop and Col. Tomlinson through the Banquetting-House to the Scaffold to which the Passage was made through a Window Divers Companies of Foot and Troops of Horse were placed on each side of the Street which hindred the Approach of the very numerous Spectators and the King from speaking what he had premeditated and prepared for them to hear Whereupon his Majesty finding himself disappointed omitted much of his intended Matter and for what he meant to speak directed himself chiefly to Col. Tomlinson I shall be very little heard of any body here I shall therefore speak a Word unto you here Indeed I could hold 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 to my Country for to clear my self both as an honest Man a good King and a good Christian I shall begin first with my Innocence In troth I think it not very needful for me to insist long upon this for all the World knows that I never did begin a War first with the Two Houses of Parliament and I call God to witness to whom I must shortly make an Account that I never did intend for to encroach 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 they will see clearly that they began these unhappy Troubles not I. So that as to the guilt of these enormous Crimes that are laid against me I hope in God that God
in the said Charge set forth and that the said War hath been Levied maintained and continued by him as aforesaid in prosecution and for accomplishment of the said Designs And that he hath been and is the Occasioner Author and Continuer of the said unnatural cruel and bloody Wars and therein guilty of High Treason and of the Murthers Rapines Burnings Spoils Desolations Dammage and Mischief to this Nation acted and committed in the said War and occasioned thereby For all which Treasons and Crimes this Court doth adjudge That he the said CHARLES STVART as a Tyrant Traytor Murtherer and Publick Enemy to the good People of this Nation shall be put to Death by the severing of his Head from his Body This Sentence being read the President spake as followeth The Sentence now Read and Published is the Act Sentence Judgment and Resolution of the whole Court Whereupon the whole Court stood up and owned it The Prisoner being withdrawn the Court Adjourned it self forthwith into the Painted Chamber The Court being sate in the Painted Chamber according to Adjournment from Westminster-Hall aforesaid Painted Chamber Commissioners present John Bradshaw Serjeant at Law Lord President John Lisle William Say Oliver Cromwell Henry Ireton Sir Hardress Waller Thomas Waite Thomas Harrison Edward Whalley Thomas Pride Isaac Ewers Tho. Lord Grey of Groby Sir John Danvers Sir Thomas Maleverer Baronet Sir John Bourchier Kt. William Heveningham Isaac Pennington Ald. of Lond. John Downes Henry Marten John Berkstead Matthew Tomlinson Gilbert Millington John Blackistone Sir William Constable Bar. John Hutchinson Sir Michael Livesey Bar. John Dixwell James Temple Tho. Andrews Ald. of Lond. Anthony Stapeley Tho. Hamond Peter Temple Edmund Ludlow Robert Tichbourne Nicholas Love Owen Roe Robert Lilbourne Adrian Scroope Richard Deane John Okey Simon Meyne John Huson William Goffe Cornelius Holland John Carew John Jones Miles Corbet Francis Allen. Peregrine Pelham Tho. Challoner John Moore John Alured Henry Smith Humphrey Edwards Gregory Clement Thomas Wogan Sir Gregory Norton Bar. John Venn Thomas Scott Edmund Harvey William Cawley Thomas Horton Augustine Garland Daniel Blagrave Sir Hardress Waller Col. Harrison Commissary Gen. Ireton Col. Deane and Col. Okey are appointed to consider of the Time and Place for the Execution of the Sentence against the King And then the Court Adjourned it self till Monday Morning at Eight of the Clock to this Place The more full Account of this Days Action take as follows The King being come in in his wonted Posture with his Hat on some of the Soldiers began to call for Justice Justice and Execution But Silence being Commanded His Majesty began I desire a Word to be heard a little and I hope I shall give no occasion of Interruption Bradshaw Sawcily Answered You may answer in your time Hear the Court first His Majesty patiently Replied If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgment Bradshaw Sir You shall be heard in due time but you are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir You shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir Shall I be heard before the Judgment be given Bradshaw Gentlemen It is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before this Court to make Answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England To which Charge being required to Answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the Highest Court that pointed them to Try and Judge him But being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit to answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any mans Wilfulness prevent Justice they have thought fit to take the Matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner And upon the whole Matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir Thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supream Authority of the Commons of England which this Court will not admit a Debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in Defence of your self concerning the Matter Charged the Court hath given me in command to let you know they will hear you King Since I see that you will not hear any thing of Debate concerning that which I confess I thought most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you That this many-a-day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honour And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for my self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that my true Zeal to my Countrey had not overborn the care that I have for my own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled And truly the self same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes me now at last desire That I having something to say that concerns both before Sentence be given that I may be heard in the Painted Chamber before the