Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

Westminster-Hall, Jan. 20.

ON Saturday the twentieth of January afternoon Serjeant John Bradshaw, President of the pretended Court, with about fifty seven of his fellow-Commissioners, came into West∣minster-Hall, having sixteen men with Partisans, and their Officers, with a Sword and Mace, marching before them; (thus profaning the Name, the Place, and the Ensigns of Justice, in the perpetration of the most enormous and unexampled Villany:) And at the West end of the Hall, prepared for their purpose, Bradshaw seated himself in a Crimson-Velvet Chair in the midst, having a Desk with a Crimson-Velvet Cushion before him, and at his feet a Table covered with a Turkey Carpet, whereon the Sword and Mace were laid; the rest were placed on each side upon Benches hung with Scarlet; and the Partisans divided themselves on each hand be∣fore them.

Being thus sate, and Silence made, the great Gate of the Hall was set open, and all persons promiscuously let in, so that the Hall was presently filled, and Silence again ordered.

Then Colonel Matthew Tomlinson was commanded to bring the Prisoner (their King) into the Court: which he did, within a quarter of an hour, with about twenty Officers with Partisans marching before Him, and others behind. Their Serjeant at Arms with his Mace received Him, and brought Him to the Bar, where a Crimson-Velvet Chair was set. His Majesty, with an unconcerned Look upon his pretended Judges and the People in the Galleries on each side, sate down, without taking notice of their Court; but presently rose up again, and turned about, looking down upon the Guards placed on the left side, and the multitude of Spectators on the right side of the Hall.

After Silence made, the pretended Act for His Trial was read by their Clerk, sitting at the side of the Table where the Sword and Mace lay.

An Act of Parliament of the House of Commons,* 1.1 for Trial of Charles Stuart King of England.

WHereas it is notorious that Charles Stuart, the now King of England, not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom, hath had a wicked Design to subvert the Ancient and Fun∣damental Laws and Liberties of this Nation, and in their place to introduce an Arbitrary and Tyrannical Government; and that besides all evil ways to bring his Design to pass, he hath prosecuted it with Fire and Sword, levied and maintained a Civil War in the Land against the Parliament and Kingdom, whereby this Country hath been miserably wasted, the publick Treasure exhausted, Trade decaied, thousands of People murthered, and infinite other mischiefs committed; for all which high Offences the said Charles Stuart might long since have been brought to exemplary and condign Punishment:

Whereas 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 Remissenss served only to encourage him and his Com∣plices in the continuance of their evil practices, and in raising new Commotions, Re∣bellions, and Invasions:

For prevention of the like and greater inconveniences, and to the end no Chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation, and to expect impunity, Be it Enacted and Ordained by the Commons in this present Parliament assembled, and it is hereby Enacted and Ordained, that Thomas Lord Fairfax, General, Oliver Cromwell, Lieutenant-General, Commissary General Henry Ireton, Major General Philip Skippon, Sir Hardresse

Waller, Colonel Valentine Walton, Colonel Thomas Harrison, Colonel Edward Whaley, Co∣lonel Thomas Pride, Colonel Isaac Ewer, Colonel Richard Ingoldsby, Sir Henry Mildmay, Sir Thomas Honywood, Thomas Lord Grey, Philip Lord Lisle, William Lord Mounson, Sir John Danvers, Sir Thomas Maleverer, Sir John Bourchier, Sir James Harrington, Sir William Brere∣ton, Robert Wallop Esq William Heveningham Esquire, Isaac Pennington Alderman, Tho∣mas Atkins Alderman, Colonel Rowland Wilson, Sir Peter Wentworth, Colonel Henry Mar∣ten, Colonel William Purefoy, Colonel Godfrey Bosvile, John Trenchard Esquire, Colonel Herbert Morley, Colonel John Berkstead, Colonel Matthew Tomlinson, John Blakeston Esq; Gilbert Millington Esquire, Sir William Constable, Colonel Edward Ludlow, Colonel John Lambert, Colonel John Hutchinson, Sir Arthur Hasilrig, Sir Michael Livesey, Richard Sal∣way Esquire, Humphrey Salway Esquire, Colonel Robert Tichborne, Colonel Owen Roe, Co∣lonel Robert Manwaring, Colonel Robert Lilborn, Colonel Adrian Scroope, Colonel Richard Dean, Colonel John Okey, Colonel Robert Overton, Colonel John Harrison, Colonel John Disborough, Colonel William Goffe, Colonel Robert Duckenfield, Cornelius Holland Esquire, John Carew Esquire, Sir William Armyne, John Jones Esquire, Miles Corbet Esquire, Fran∣cis Allen Esquire, Thomas Lister Esquire, Benjamin Weston Esquire, Peregrine Pelham Esq; John Gourdon Esquire, Serjeant Francis Thorp, John Nutt Esquire, Thomas Chaloner Esq; Colonel Algernon Sidney, John Anlaby Esquire, Colonel John Moore, Rich. Darley Esq; William Say Esquire, John Aldred Esquire, John Fagge Esquire, James Nelthrop Esquire, Sir William Roberts, Colonel Francis Lassels, Colonel Alexander Rigby, Henry Smith Esq; Edmond Wilde Esquire, James Chaloner Esquire, Josias Barners Esquire, Dennis Bond Esq; Humphry Edwards Esquire, Gregory Clement Esquire, John Fry Esquire, Thomas Wogan Esq; Sir Gregory Norton, Serjeant John Bradshaw, Colonel Edmund Harvey, John Dove Esq; Colonel John Venne, John Foulk Alderman, Thomas Scot Esquire, Thomas Andrews Alder∣man, William Cawley Esquire, Abraham Burrell Esquire, Colonel Anthony Stapely, Roger Gratwicke Esquire, John Downes Esquire, Colonel Thomas Horton, Colonel Thomas Ham∣mond, Colonel George Fenwick, Serjeant Robert Nichols, Robert Reynolds Esquire, John Liste Esquire, Nicholas Love Esquire, Vincent Potter, Sir Gilbert Pickering, John Weaver Esquire, John Lenthal Esquire, Sir Edward Baynton, John Corbet Esquire, Thomas Blunt Esquire, Thomas Boone Esquire, Augustine Garland Esquire, Augustine Skinner Esquire, John Dixwel Esquire, Colonel George Fleetwood, Simon Maine Esquire, Colonel James Temple, Colonel Peter Temple, Daniel Blagrave Esquire, Sir Peter Temple, Colonel Thomas Waite, John Brown Esquire, John Lowry Esquire, shall be and are hereby appointed, Com∣missioners and Judges for the hearing, Trying, and Judging 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 at such convenient times and places as by the said Commissioners, or the major part, or twenty or more of them, under their hands and seals shall be appointed, and notified by publick Proclamation in the great Hall or Palace-yard of Westminster; and to adjourn from time to time, and from place to place, as the said High Court or the major part thereof meeting shall hold fit; and to take order for the charging of him, the said Charles Stuart, with the Crimes above mentioned, and for the receiving His Personal Answer thereunto, and for ex∣amination of Witnesses upon Oath (if need be) 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, to be executed speedily and impartially.

And the said Court is hereby Authorized and required to chuse and appoint all such Officers, Attendanrs 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 premisses: and Thomas Lord Fairfax the General, with all Officers of Justice and other well-af∣fected persons, are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them. Pro∣vided that this Ordinance, and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof, and no longer.

After the reading of this, the several Names of the Commissioners were called over; every one who was present rising up, and answering to his call.

The King having again placed Himself in the Chair with His face towards the Commissioners, Silence was again ordered, and Bradshaw, with Impudence befitting his person and his place, stood up and said,

CHARLES STUART, King of England, The Commons of England assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Na∣tion, which is fixed upon you as the principal Author of it, have resolved to make in∣quisition for Blood; and according to that Debt and Duty they owe to Justice, to God,

the Kingdom, and themselves, and according to the Fundamental Power that rests in themselves, they have resolved to bring you to Trial and Judgment, and for that pur∣pose have constituted this High Court of Justice, before which you are brought.

Then their Solicitor John Cook standing within a Bar on the right hand began;

My Lord, in behalf of the Commons of England, and of all the People thereof, I do accuse CHARLES STUART, here present, of high Treason and high Misdemea∣nures; and I do, in the name of the Commons of England, desire the Charge may be read unto him.

As he was speaking, the King held up his Staffe, and laying it on his shoulders two or three times, bid him,

Hold a little.

But Bradshaw ordered him to go on; and the Charge being delivered to their Clerk, Brad∣shaw told the King,

Sir, the Court Commands the Charge to be read: If you have any thing to say af∣terwards, you may be heard.

Then the Clerk being ordered to read, began.

The Charge of the Commons of England against CHARLES STUART King of England, of High Treason and other High Crimes, exhibited to the High Court of Justice.

THat the said CHARLES STUART being admitted King of England, and there∣in trusted with a limited Power, to govern by and according to the Laws of the Land, and not otherwise, and by his Trust, Oath and Office, being obliged to use the Power committed to him for the good and benefit of the People, and for the preservation of their Rights and Liberties: yet nevertheless, out of a wicked Design to erect and uphold in him∣self an unlimited and Tyrannical Power, to Rule according to his Will, and to overthrow the Rights and Liberties of the People, yea, to take away and make void the Foundations thereof, and of all redress and remedy of Mis-government, which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right & Power of frequent and successive Parliaments, or National Meetings in Council; he, the said Charles Stuart, for accomplishment of such his Designs, and for the protecting himself and his Adherents in his and their wicked practices to the same Ends, hath traiterously and maliciously levied War against the present Parliament, and the People therein Re∣presented:

Particularly, upon or about the thirtieth day of June, in the year of our Lord one thou∣sand six hundred forty and two, at Beverly in the County of York; and upon or about the thirtieth day of July, in the year aforesaid, in the County of the City of York; and upon or about the twenty fourth day of August, in the same year, at the County of the Town of Nottingham, (when and where he set up his Standard of War;) and upon or about the twenty third day of October, in the same year, at Edge-Hill and Kineton field in the County of Warwick; and upon or about the thirtieth day of November, in the same year, at Brain∣ford in the County of Middlesex; and upon or about the thirtieth day of August, in the year of our Lord one thousand six hundred forty and three, at Cavesham Bridge near Reading in the County of Berks; and upon or about the thirtieth day of October, in the year last mentioned, at or near the City of Gloucester; and upon or about the thirtieth day of No∣vember, in the year last mentioned, at Newbury in the County of Berks; and upon or about the one and thirtieth day of July, in the year of our Lord one thousand six hundred forty and four, at Croperdy Bridge in the County of Oxon; and upon or about the thirtieth day of September, in the year last mentioned, at Bodmin 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 one thousand six hundred forty and five, at the Town of Leicester; and also upon the fourteenth day of the same month, in the same year, at Naseby-field in the County of Northampton: At which several times and places, or most of them, and at many other places in this Land, at several other times within the years aforementioned, and in the year of our Lord one thousand six hundred forty and six, he, the said Charles Stuart, hath caused and procured many thousands of the Free People of the Nation to be slain, and by Divisions, Parties and Infurrections within this Land, by Invasions from Forein 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 years before mentioned, but also hath renewed, or caused to be renewed, the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight, in the Counties of Kent, Essex, Surry, Sussex, Middlesex, and many other places in England and Wales, and also by Sea; and particu∣larly, he, the said Charles Stuart, hath for that purpose given Commission to his Son, the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation, being by him or his Agents corrupted to the betraying of their Trust, and revolting from the Parliament, have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People, as aforesaid. By which cruel and un∣natural Wars by him, the said Charles Stuart, levied, continued and renewed, as afore∣said, much innocent blood of the Free People of this Nation hath been spilt, many Fa∣milies have been undone, the publick Treasury wasted and exhausted, Trade obstructed and miserably decayed, vast expence and damage to the Nation incurred, and many parts of the Land 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 Foreiners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him, from whom further Invasions upon this Land are threatned, upon the procurement and on the behalf of the said Charles Stuart.

All which wicked Designs, Wars, and evil Practices of him, the said Charles Stuart, have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power, and pretended Prerogative to himself and his Family, against the Pub∣lick Interest, Common Right, Liberty, Justice, and Peace of the People of this Na∣tion, by and for whom he was intrusted, as aforesaid.

By all which it appeareth that he, the said Charles Stuart, hath been and is the Occasio∣ner, Author and Contriver of the said unnatural, cruel and bloody Wars, and therein guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Da∣mage and Mischief to this Nation, acted or committed in the said Wars, or occasioned thereby.

And the said John Cook (by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart, and also of replying to the Answers which the said Charles Stuart shall make to the Premisses 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 Stuart as a Tyrant, Traitor, Murtherer, and a publick and implacable Enemy to the Commonwealth of England; and pray that the said Charles Stuart, King of England, may be put to answer all and every the Premisses, that such Proceedings, Examinations, Tryals, Sentence and Judgment may be thereupon had, as shall be agreeable to Justice.

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, Trai∣tor] and the like.

Also the silver head of His Staff happened to fall off; at which He wondred, 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 it's 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 unlawful 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 Authori∣ty. 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 Here∣ditary Kingdom for near these thousand years: therefore let Me know by what Autho∣rity 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, Lieutenant Colonel 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 Privilege of the House of Commons, rightly understood, as any man here whatsoever: I see no House of Lords here, that may constitute a Par∣liament; 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 Countrey; 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 Coun∣try, by what Authority you do it. If you do it by an usurped 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 sub∣mit to a Tyrannical, or any otherways unlawful 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.

'Tis 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 com∣manded.

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 Ax, He said, I do not fear that.

As He went down the stairs, the People in the Hall cried out, God save the King; notwith∣standing some were there set by the Faction to lead the clamour for Justice.

O yes being called, they adjourn.

Notes

• * 1.1

  [Passed by the Fag∣end of the House of Commons; Jan. 4. having been cast out by the Lords, Jan. 2.]