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.

LVII. His MAJESTIE's Speeches to the pretended High Court of Justice; with the History of His Tryal. Jan. MDCXLVIII, IX.

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.

Westminster-Hall, Monday, Jan. 22. Afternoon.

SVnday being spent in Fasting and Preaching, (according to their manner of making Re∣ligion a pretence and prologue to their Villanies) on Monday afternoon they came again into the Hall, and after Silence commanded, called over their Court, where Seventy persons be∣ing present answered to their Names.

His Majesty being brought in, the People gave a shout.

Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance.

Then their Solicitor Cook began,

May it please your Lordship, my Lord President, I did at the last Court, in the be∣half of the Commons of England, exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar, whereof I do accuse him in the name of the People of England; and the Charge was read unto him, and his Answer required. My Lord, he was not then pleased to give an Answer; but in stead of answering, did there dispute the Authority of this High Court. My humble motion to this High Court, in behalf of the Kingdom of England, is, That the Prisoner may be directed to make a Positive Answer, either by way of Confession, or Negation; which if he shall refuse to do, that the matter of Charge may be taken pro confesso, and the Court may proceed according to Justice.

Bradshaw.

Sir, you may remember, at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason and other high Crimes against this Realm of England; you heard like∣wise, that it was prayed in the behalf of the People, that you should give an Answer to that Charge, that thereupon such proceedings might be had as should be agreeable to Justice: you were then pleased to make some scruples concerning the Authority of this Court, and knew not by what Authority you were brought hither: you did divers time propound your Questions, and were as often answer'd, That it was by the Authority of the Commons of England assembled in Parliament, that did think fit to call you to ac∣count for those high and capital Misdemeanours wherewith you were then charged.

Since that, the Court hath taken into consideration what you then said: they are fully satisfied with their own Authority, and they hold it fit you should stand satisfied with it too; and they do require it, that you do give a positive and particular Answer to this Charge that is exhibited against you. They do expect you should either confess, or deny it: If you deny, it is offered, in the behalf of the Kingdom, to be made good against you. Their Authority they do avow to the whole World, that the whole Kingdom are to rest satisfied in, and you are to rest satisfied with it; and therefore you are to lose no more time, but to give a positive Answer thereunto.

KING.

When I was here last, 'tis very true, I made that Question; and if it were only My own particular Case, I would have satisfied My self with the Protesta∣tion I made the last time I was here against the Legality of this Court, and that a King cannot be tried by any superior Jurisdiction on Earth: But it is not My Case alone, it is the Freedom and the Liberty of the People of England; and do you pretend what you will, I stand more for their Liberties. For if Power without Law may make Laws, may alter the Fundamental Laws of the Kingdom, I do not know what Subject he is in England that can be sure of his Life, or any thing that he calls his own. Therefore, when that I came here, I did expect particular Reasons, to know by what Law, what Authority you did proceed against Me here; and therefore I am a little to seek what to say to you in this particular, because the Affirmative is to be proved, the Negative of∣ten is very hard to do. But since I cannot perswade you to do it, I shall tell you My Rea∣sons as short as I can.

My Reasons why in Conscience, and the Duty I owe to God first, and My People next, for the preservation of their Lives, Liberties and Estates; I conceive I cannot answer this, till I be satisfied of the Legality of it.

All proceedings against any man whatsoever—

Bradshaw.

Sir, I must interrupt you; which I would not do, but that what you do is not agreeable to the proceedings of any Court of Justice. You are about to enter into Argument and Dispute concerning the Authority of this Court, before whom you ap∣pear as a Prisoner, and are charged as an high Delinquent: If you take upon you to dispute the Authority of the Court, we may not do it, nor will any Court give way unto it: you are to submit unto it, you are to give a punctual and direct Answer; whe∣ther you will answer your Charge or no, and what you Answer is.

KING.

Sir, by your favour, I do not know the Forms of Law; I do know Law and Reason, though I am no Lawyer profess'd, but I know as much Law as any Gentle∣man in England; and therefore, under favour, I do plead for the Liberties of the People of England more than you do: and therefore if I should impose a belief upon any man without Reasons given for it, it were unreasonable: but I must tell you, that that Rea∣son that I have as thus informed, I cannot yield unto it.

Bradshaw.

Sir, I must interrupt you; you may not be permitted. You speak of Law and Reason, it is fit there should be Law and Reason; and there is both against you.

Sir, the Vote of the Commons of England assembled in Parliament, it is the Reason of the Kingdom; and they are these too that have given that Law according to which you should have ruled and reigned. Sir, you are not to dispute our Authority; you are told it again by the Court: Sir, it will be taken notice of, that you stand in contempt of the Court, and your Contempt will be recorded accordingly.

KING.

I do not know how a King can be a Delinquent: but by any Law that ever I heard of, all men (Delinquents, or what you will) let Me tell you, they may put in Demurrers against any proceeding as Legal; and I do demand that, and demand to be heard with My Reasons: If you deny that, you deny Reason.

Bradshaw,

Sir, you have offered something to the Court; I shall speak something unto you the sense of the Court. Sir, neither you nor any man are permitted to dispute that point; you are concluded, you may not demurr to the Jurisdiction of the Court; if you do, I must let you know that they over-rule your Demurrer: They sit here by the Au∣thority of the Commons of England, and all your Predecessors and you are responsible to them.

KING.

I deny that; shew Me one Precedent.

Bradshaw,

Sir, you ought not to interrupt while the Court is speaking to you. This point is not to be debated by you, neither will the Court permit you to do it. If you offer it by way of Demurrer to the Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction.

KING.

I say, Sir, by your favour, that the Commons of England was never a Court of Judicature; I would know how they came to be so.

Bradshaw.

Sir, you are not to be permitted to go on in that speech and these discourses.

Then the Clerk of the Court read,

Charles Stuart, King of England, you have been accused on the behalf of the People of England of High Treason and other High Crimes, the Court have determined that you ought to answer the same.

KING.

I will answer the same, so soon as I know by what Authority you do this.

Bradshaw,

If this be all that you will say, then, Gentlemen, you that brought the Prisoner hither, take charge of him back again.

KING.

I do require that I may give in My Reasons why I do not answer, and give Me time for that.

Bradshaw.

Sir, 'tis not for Prisoners to require.

KING.

Prisoners, Sir? I am not an ordinary Prisoner.

Bradshaw.

The Court hath considered of their Jurisdiction, and they have already affirmed their Jurisdiction: If you will not answer, we shall give order to record your Default.

KING.

You never heard My Reasons yet.

Bradshaw,

Sir, your Reasons are not to be heard against the Highest Jurisdiction.

KING.

Shew Me that Jurisdiction where Reason is not to be heard.

Bradshaw.

Sir, we shew it you here, the Commons of England: and the next time you are brought, you will know more of the pleasure of the Court; and, it may be, their final Determination.

KING.

Shew Me where ever the House of Commons was a Court of Judicature of that kind.

Bradshaw.

Serjeant, take away the Prisoner.

KING.

Well, Sir, remember that the King is not suffered to give in His Rea∣sons for the Liberty and Freedom of all His Subjects.

Bradshaw.

Sir, you are not to have liberty to use this language. How great a Friend you have been to the Laws and Liberties of the People, let all England and the World judge.

KING.

Sir, under favour, it was the Liberty, Freedom, and Laws of the Subject that ever I took—defended My self with Arms: I never took up Armes against the People, but for the Laws.

Bradshaw.

The Command of the Court must be obeyed. No Answer will be given to the Charge.

KING.

Well, Sir.

Then Bradshaw ordered the Default to be recorded, and the Contempt of the Court, and that no Answer would be given to the Charge.

The King was guarded forth to Sir Robert Cotton's house.

The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock, and from thence they intend to adjourn to Westminster-Hall, at which time all persons concerned are to give their attendance.

His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth, thought fit to leave them in writing to the more impartial judgment of Posterity, as followeth;

HAving already made My Protestations, not only against the Illegality of this pre∣tended Court, but also That no Earthly Power can justly call Me (who am your King) in question as a Delinquent; I would not any more open My mouth upon this occasion, more than to referr My self to what I have spoken, were I in this Case alone concerned. But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent. For, how can any free-born Sub∣ject of England call Life, or any thing he possesseth his own, if Power without Right daily make new, and abrogate the old Fundamental Law of the Land? which I now take to be the present Case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment: But since I see that nothing I can say will move you to it, (though Negatives are not so naturally proved as Affirmatives) yet I will shew you the Reason why I am confident you cannot Judge Me, nor indeed the meanest man in England: For I will not, (like you) without shewing a Reason, seek to impose a belief upon My Subjects.

There is no proceeding just against any man,* 2.1 but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives. Now I am most con∣fident this dayes proceeding cannot be warranted by God's Law; for, on the contra∣ry, the authority of Obedience unto Kings is clearly warranted and strictly command∣ed both in the Old and new Testament; which if denyed, I am ready instantly to prove. And for the question now in hand, there it is said, That where the Word of a King is, there is Power; and who may say unto him, What dost thou? Eccl. 8. 4. Then for the Law of this Land, I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King, they all going in His Name; and one of their Maxims is, That the King can do no wrong. Besides, the Law upon which you ground your proceedings must either be old or new: if old, shew it; if new, tell what Autho∣rity warranted by the Fundamental Laws of the Land hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one it self (as is well known to all Lawyers) I leave to God and the world to judge: And it were full as strange, that they should pretend to make Laws without King or Lords House, to any that have heard speak of the Laws of England.

And admitting, but not granting, that the People of England's Commission could grant your pretended Power, I see nothing you can shew for that; for certainly you never asked the question of the tenth man in the Kingdom; and in this way you ma∣nifestly wrong even the poorest Plough-man, if you demand not his free consent: nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England, of whatsoever quality or condition, which I am sure you never went about to seek; so far are you from having it. Thus you

see that I speak not for My own Right alone, as I am your King, but also for the true Liberty of all My Subjects, which consists not in the power of Government, but in living under such Laws, such a Government, as may give themselves the best assurance of their Lives and propriety of their Goods. Nor in this must or do I forget the Privileges of both Houses of Parliament, which this days Proceedings do not only violate, but likewise occasion the greatest breach of their publick Faith that (I believe) ever was heard of: with which I am far from charging the two Houses; for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport, in which I having concluded as much as in Me lay, and hopefully expecting the Houses agreement thereunto; I was suddenly surprized, and hurried from thence as a Prisoner, upon which account I am against My will brought hither; where since I am come, I cannot but to My power defend the ancient Laws and Liberties of this Kingdom, together with My own just Right. Then, for any thing I can see, the Higher House is totally excluded. And for the House of Commons, it is too well known that the major part of them are detained or deterred from sitting; so as, if I had no other, this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this, the Peace of the King∣dom is not the least in My thoughts; and what hopes of Settlement is there, so long as Power reigns without Rule or Law, changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years? (nor will I say what will fall out, in case this Lawless unjust proceeding against Me do go on.) And be∣lieve it, the Commons of England will not thank you for this Change, for they will re∣member how happy they have been of late years under the Reign of Queen Elizabeth, the King My Father, and My self, until the beginning of these unhappy Troubles, and will have cause to doubt that they shall never be so happy under any new. And by this time it will be too sensibly evident, that the Arms I took up were only to defend the Fundamental Laws of this Kingdom, against those who have supposed My Power hath totally changed the ancient Government.

Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority, without violating the Trust which I have from God for the Welfare and Liberty of My People; I expect from you either clear Reasons to convince My Judgment, shewing Me that I am in an Error (and then truly I will answer) or that you will withdraw your proceedings.

This I intended to speak in Westminster-Hall on Monday 22. January, but against Reason was hindred to shew My Reasons.

Westminster-Hall, Tuesday, Jan. 23. Afternoon.

O Yes made, Silence commanded. The Court called; Seventy one present.

The King brought in by the Guard, looks with a Majestick Countenance upon his pre∣tended Judges, and sits down.

After the second O yes, and Silence commanded, Cooke began more insolently;

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 exhibite 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 pay'd him for that end, should be guilty of a wicked Design to subvert and destroy our Laws, and introduce an Arbitrary and Ty∣rannical Government, in the* 2.2 defence 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 An∣swer to the Charge.

But, My Lord, in stead 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 re∣quired 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 Counsel on the behalf of the Kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget, what di∣latory 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 Eng∣land, to be thus trifled withal, and that they might in Justice, if they pleased, and ac∣cording 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 do not know 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* 2.3 Charge. 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 Pri∣soner. 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 dis∣courses: 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 Stuart, King of England, you are accused, in the behalf of the Commons of England, of divers high Crimes and Treasons, which Charge hath been read unto you: the Court now requires you to give your positive and final Answer by way of Confes∣sion 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 com∣mitted to Me, I would do it: but to acknowledge a new Court against their Privileges, 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 Privileges 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 parti∣cular, I would not say any more nor interrupt you.

Bradshaw.

Sir, you have heard the pleasure of the Court, and you are (notwithstan∣ding 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 ad∣journ, and intended to meet in. Westminster-Hall by ten of the Clock next morning.

Cryer.

God bless the Kingdom of England.

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* 2.4 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.* 2.5 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

  [Passed by the Fag∣end of the House of Commons; Jan. 4. having been cast out by the Lords, Jan. 2.]
• * 2.1

  Here∣about I was stopt, and not suffered to speak any more con∣cerning Reasons.
• * 2.2

  defiance.
• * 2.3

  Answer.
• * 2.4

  four (for it seems some came in after)
• * 2.5

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