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, Saturday, Jan. 27. Afternoon.

TWo or three dayes being spent in a formal Examination of Witnesses, and preparing them∣selves for the last scene of this Mock-shew, at length, on Saturday the twenty seventh of January, Bradshaw in his Scarlet Robes appeared in the Hall, and Sixty* 1.1 seven others answered to their Names.

As the King came in (in His wonted posture, with his Hat on) and passed toward them, some few Souldiers began a clamour for Justice, Justice, and Execution.

O yes made, and Silence commanded, the Captain of their Guard ordered to take into Custody such as made any disturbance.

His Majesty began;

I desire a word, to be heard a little; and I hope I shall give no occasion of inter∣ruption.

Bradshaw saucily 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 interrup∣tion; 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.* 1.2 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 appointed them to try and judge him: But be∣ing 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 man's 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 up∣on 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 Supreme Authority of the Commons of Eng∣land; 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 though 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 Honor: And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject, cer∣tainly 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 recal∣led: and truly the self-same desire that I have for the Peace of the Kingdom and the Li∣berty of the Subject, more than my own particular Ends, makes Me now at last desire, That I having something to say that concerns both, I desire, before Sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons. This De∣lay cannot be prejudicial unto you, whatsoever I say. If that I say no Reason, those that hear Me must be Judges: I cannot be Judge of that that I * have. If it be Reason, and really for the welfare of the Kingdom and the Liberty of the Subject, I am sure on it, it is very well worth the hearing. Therefore I do conjure you, as you love that that you pretend, (I hope it is real) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing before any Sentence be past. I only desire this, That you will take this into your Consideration: it may be you have not heard of it before∣hand. If you will, I will retire, and you may think of it: but if I cannot get this Li∣berty, I do protest, That these fair shews of Liberty and Peace are pure shews, and that you will not hear your King.

Bradshaw.

Sir, you have now spoken.

KING.

Yes, Sir.

Bradshaw.

And this that you have said is a further declining of the Jurisdiction of this Court, which was the thing wherein you were limited before.

KING.

Pray excuse Me, Sir, for My interruption, because you mistake Me. It is not a declining of it; you do judge Me before you hear Me speak. I say it will not, I do not decline it; though I cannot acknowledge the Jurisdiction of the Court, yet, Sir, in this, give Me leave to say, I would do it, though I did not acknowledge it; in this, I do protest, it is not the declining of it, since, I say, if that I do say any thing but that that is for the Peace of the Kingdom and the Liberty of the Subject, then the shame is Mine. Now I desire that you will take this into your Consideration; if you will, I will withdraw.

Bradshaw.

Sir, this is not altogether new that you have moved unto us, not altoge∣ther new to us, though the first time in person you have offered it to the Court. Sir, you say you do not decline the Jurisdiction of the Court.

KING.

Not in this that I have said.

Bradshaw.

I understand you well, Sir; but nevertheless, that which you have offered seems to be contrary to that saying of yours; for the Court are ready to give a Sentence. It is not as you say, That they will not hear their King; for they have been ready to hear you, they have patiently waited your pleasure for three Courts together, to hear what you would say to the Peoples Charge against you: to which you have not vouchsafed to give any Answer at all. Sir, this tends to a further Delay. Truly, Sir, such Delays as these neither may the Kingdom nor Justice well bear. You have had three several days to have offered in this kind what you would have pleased. This Court is founded upon that Authority of the Commons of England, in whom rests the Supreme Jurisdiction. That which you now tender is to have another Jurisdiction, and a co-ordinate Juris∣diction: I know very well you express your self, Sir, That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber, yet nevertheless you would proceed on here; I did hear you say so. But, Sir, that you would offer there, what∣ever it is, must needs be in delay of the Justice here; so as if this Court be resolved and prepared for the Sentence, this that you offer they are not bound to grant. But, Sir, ac∣cording to that you seem to desire, and because you shall know the further pleasure of the Court upon that which you have moved, the Court will withdraw for a time.

This he did to prevent the disturbance of their Scene by one of their own Members Colonel John Downes, who could not stifle the reluctance of his Conscience, when he saw his Majesty press so earnestly for a short hearing, but declaring himself unsatisfied, forced them to yield to the King's Request.

KING.

Shall I withdraw?

Bradshaw.

Sir, You shall know the pleasure of the Court presently.

The Court withdraws for half an hour into the Court of Wards.

Serjeant at Arms.

The Court gives command that the Prisoner be withdrawn; and they give order for his return again.

Then withdrawing into the Chamber of the Court of Wards, their business was not to consider of his Majesties desire, but to Chide Downes, and with reproaches and threats to harden him to go through the remainder of their Villany with them.

Which done, they return; and being sate, Bradshaw commanded,

Serjeant at Armes, send for your Prisoner.

Who being come, Bradshaw proceeded:

Sir, you were pleased to make a motion here to the Court, to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom. Sir, you did in effect receive an Answer before the Court adjourned: truly, Sir, their withdrawing and adjournment was pro forma tan∣tùm, for it did not seem to them that there was any difficulty in the thing. They have considered of what you have moved, and have considered of their own Authority, which is founded, as hath been often said, upon the supreme Authority of the Commons of England assembled in Parliament: the Court acts accordingly to their Commission. Sir, the return I have to you from the Court is this, That they have been too much delayed by you already, and this that you now offer hath occasioned some little further Delay, and they are Judges appointed by the highest Authority, and Judges are no more to delay than they are to deny Justice: they are good words in the Great old Charter of Eng∣land, Nulli negabimus, nulli vendemus, & nulli deferemus Justitiam; there must be no de∣lay. But the truth is, Sir, and so every man here observes it, that you have much delayed them in your Contempt and Default, for which they might long since have proceeded to Judgment against you; and notwithstanding what you have offered, they are re∣solved to proceed to Sentence and to Judgment, and that is their unanimous Resolution.

KING.

Sir, I know it is in vain for Me to dispute; I am no Sceptick for to deny the Power that you have; I know that you have Power enough. Sir, I must confess, I think it would have been for the Kingdoms Peace, if you would have taken the pains for to have shewn the Lawfulness of your Power.

For this Delay that I have desired, I confess it is a Delay, but it is a Delay very im∣portant for the Peace of the Kingdom; for it is not My Person that I look at alone, it is the Kingdoms Welfare, and the Kingdoms Peace.

It is an old Sentence, That we should think on long before we resolve of great matters suddenly. Therefore, Sir, I do say again, that I do put at your doors all the inconvenien∣cy of a hasty Sentence. I confess I have been here now, I think, this Week, this day eight dayes was the day I came here first; but a little Delay of a day or two further may give Peace, whereas a hasty Judgment may bring on that Trouble and perpetual In∣conveniency to the Kingdom, that the Child that is unborn may repent it. And there∣fore again, out of the Duty I owe to God and to My Country, I do desire that I may be heard by the Lords and Commons in the Painted Chamber, or any other Chamber that you will appoint Me.

Bradshaw.

You have been already answered to what you even now moved, being the same you moved before, since the Resolution and the Judgment of the Court in it: And the Court now requires to know whether you have any more to say for your self than you have said, before they proceed to Sentence.

KING.

I say this, Sir, That if you hear Me, if you will give Me but this Delay, I doubt not but I shall give some satisfaction to you all here, and to My People after that; and therefore I do require you, as you will answer it at the dreadful Day of Judgment, that you will consider it once again.

Bradshaw.

Sir, I have received direction from the Court.

KING.

Well, Sir.

Bradshaw.

If this must be re-inforced, or any thing of this nature, your Answer must be the same; and they will proceed to Sentence, if you have nothing more to say.

KING.

I have nothing more to say; but I shall desire that this may be entred what I have said.

Bradshaw.

The Court then, Sir, hath something to say unto you, which although I know it will be very unacceptable, yet notwithstanding they are willing and are re∣solved to discharge their Duty.

Then Bradshaw went on in a long Harangue, endeavouring to justifie their proceedings, misapplying Law and History, and raking up and wresting whatsoever he thought fit for his purpose, alleging the Examples of former Treasons and Rebellions, both at home and abroad, as authentick proofs; and concluding that the King was a Tyrant, Traitor, Murtherer, and publick Enemy to the Commonwealth of England.

His Majesty having with His wonted Patience heard all these Reproaches, answered,

I would desire only one word before you give Sentence, and that is, That you would hear Me concerning those great Imputations that you have laid to My charge.

Bradshaw.

Sir, you must give me now leave to go on, for I am not far from your Sen∣tence, and your time is now past.

KING.

But I shall desire you will hear Me a few words to you; for, truly what∣ever Sentence you will, put upon Me, in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir, it is very true that—

Bradshaw.

Sir, I must put you in mind: truly, Sir, I would not willingly, at this time especially, interrupt you in any thing you have to say that is proper for us to ad∣mit of; but, Sir, you have not owned us as a Court, and you look upon as a sort of people met together, and we know what Language we receive from your Party.

KING.

I know nothing of that.

Bradshaw.

You disavow us as a Court, and therefore for you to address your self to us, not to acknowledge us as a Court to judge of what you say, it is not to be permitted. And the truth is, all along from the first time you were pleased to disavow and disown us, the Court needed not to have heard you one word; for unless they be acknow∣ledged a Court, and engaged, it is not proper for you to speak. Sir, we have given you too much Liberty already, and admitted of too much Delay, and we may not admit of any further. Were it proper for us to do, we should hear you freely, and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether for totally excusing, or for in part excusing, those great and hai∣nous Charges that in whole or in part are laid upon you. But, Sir, I shall trouble you no longer; your Sins are of so large a dimension, that if you do but seriously think of them, they will drive you to a sad consideration, and they may improve in you a sad and serious repentance. And that the Court doth heartily wish, that you may be so penitent for what you have done amiss, that God may have mercy at least-wise upon your better part. Truly Sir, for the other, it is our parts and duties to do that that the Law prescribes. We are not here Jus dare, but Jus dicere: we cannot be unmind∣ful of what the Scripture tells us, For to acquit the guilty is of equal abomination as to con∣demn the innocent; we may not acquit the guilty. What sentence the Law affirms to a Traitor, Tyrant, a Murtherer, and a publick enemy to the Countrey, that Sentence you are now to hear read unto you, and that is the Sentence of the Court.

Make an O yes, and command Silence while the Sentence is read.

Which done, their Clerk, Broughton, read the Sentence, drawn up in Parchment.

WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles Stuart King of England, before whom he had been three times convented, and at the first time a Charge of High Treason, and other Crimes and Misdemeanours, was read in the behalf of the King∣dom of England.

[Here the Charge was repeated.]

Which Charge being read unto him as aforesaid, he, the said Charles Stuart, was re∣quired to give his Answer; but he refused so to do:

[Expressing the several passages of His refusing in the former Proceedings:]

For all which Treasons and Crimes this Court doth adjudge, That he, the said Charles Stuart, as a Tyrant, Traitor, Murtherer, and a publick Enemy, shall be put to death by the severing of his Head from his Body.

Which being read, Bradshaw added,

This Sentence now read and published, it is the Act, Sentence, Judgment and Re∣solution of the whole Court.

To which they all expressed their Assent by standing up, as was before agreed and ordered.

His Majesty then said,

Will you hear Me a word, Sir?

Bradshaw.

Sir, you are not to be heard after the Sentence.

KING.

No, Sir?

Bradshaw.

No, Sir; by your favour, Sir.

Guard, withdraw your Prisoner.

KING.

I may speak after Sentence, by your favour, Sir, I may speak after Sen∣tence, ever.

By your favour, hold: The Sentence, Sir,—I say, Sir, I do—

I am not suffered to speak; expect what Justice other People will have.

The Persons that sate when Judgment was given upon the Life of their KING, were these.

• Serjeant John Bradshaw.
• Lieutenant General Cromwell.
• Commissary General Ireton.
• John Lisle, Esquire.
• William Say, Esquire.
• Sir Hardresse Waller.
• Colonel Valentine Walton.
• Colonel Thomas Harrison.
• Colonel Edward Whaley.
• Colonel Thomas Pride.
• Colonel Isaac Ewer.
• Thomas Lord Gray of Groby.
• Sir John Danvers, Knight.
• Sir Thomas Maleverer, Baronet.
• Sir John Bourchier, Knight.
• William Heveningham, Esquire.
• Isaac Ponnington, Alderman.
• Colonel Henry Marten.
• Colonel William Poresoy.
• Colonel John Berksted.
• John Blakeston, Esquire.
• Gilbert Millington.
• Sir William Constable, Baronet.
• Colonel Edmund Ludlow.
• Colonel John Hutchinson.
• Sir Michael Livesey, Baronet.
• Colonel Robert Tichburne.
• Colonel Owen Rowe.
• Colonel Robert Lilburne.
• Colonel Adrian Scroope.
• Colonel Richard Deane.
• Colonel John Okey.
• Colonel John Hewson.
• Colonel William Goffe.
• Cornelius Holland, Esquire.
• John Carew, Esquire.
• Colonel John Jones.
• Miles Corbet, Esquire.
• Francis Allen, Esquire.
• Peregrine Pelham, Esquire.
• Colonel John More.
• Colonel John Alured.
• Colonel Henry Smith.
• Humphrey Edwards, Esquire.
• Gregory Clement, Esquire.
• Thomas Wogan, Esquire.
• Sir Gregory Norton, Baronet.
• Colonel Edmund Harvey.
• Colonel John Venne.
• Thomas Scot. Esquire.
• Thomas Andrewes, Alderman.
• William Cawley, Esquire.
• Antony Stapely, Esquire.
• Colonel John Downes.
• Colonel Thomas Horton.
• Colonel Thomas Hammond.
• Nicholas Love, Esquire.
• Vincent Potter.
• Augustine Garland, Esquire.
• John Dixwell, Esquire.
• Colonel George Fleetwood.
• Simon Mayne, Esquire.
• Colonel James Temple.
• Peter Temple.
• Daniel Blagrave, Esquire.
• Colonel Thomas Waite.

Counsellors Assistant to draw up the Charge,

• Doctor Isaac Dorislaw.
• —Aske.
• William Steele, who excused himself by sickness.
• John Cooke, Solicitor.
• Dendy Serjeant, Mace-bearer.
• Broughton and Phelps, Clerk••.

His Majesty being taken away by the Guard, as He passed down the Stairs the insolent Souldiers scoffed at Him, casting the smoak of their Tobacco (a thing very distastful to Him) in His Face, and throwing their Pipes in his way: And one more insolent than the rest, spitting in His Face, His Majesty, according to His wonted Heroick Patience took no more notice of so strange and barbarous an indignity, than to wipe it off with His Hand∣kerchief.

As He passed along, hearing the rabble of Souldiers crying out Justice, Justice, He said,

Poor souls, for a piece of Money they would do so for their commanders.

Being brought first to Sir Robert Cotton's, and thence to White Hall, the Souldiers continued their brutish carriage toward Him, abusing all that seemed to shew any respect or even pity to Him; not suffering Him to rest in his Chamber, but thrusting in, and smoaking their Tobacco, and disturbing His Privaty.

But through all these Trials (unusual to Princes) He passed with such a calm and even temper, that He let fall nothing unbeseeming His former Majesty and Magnanimity.

In the Evening a Member of the Army acquainted the Committee with His Majestie's desire, That seeing they had passed a Sentence of Death upon Him, and His time might be nigh, He might see His Children, and Doctor Juxon Bishop of London might be admitted to assist Him in His private Devotions, and receiving the Sacrament.

Both which at length were granted.

And the next day, being Sunday, He was attended by the Guard to Saint James's, where the Bishop preached before Him upon these words, In the day when God shall judge the secrets of all men by Jesus Christ according to my Gospel.

Notes

• * 1.1

  four (for it seems some came in after)
• * 1.2

  Here a La∣dy interpo∣sed, saying▪ Not half the People; but was si∣lenced with threats.