The Full Proceedings OF THE High Court of Iustice against King CHARLES In Westminster Hall, on Saturday the 20. of January, 1648. Together, With the Kings Reasons and Spee∣ches, and his Deportment on the Scaffold before his Execution.
Translated out of the Latine. by J. C.
Hereunto is added, A Parallel of the late Wars, being a Relation of the five years Civill Wars, of King Henry the 3d. with the Event of that unnatural War, and by what means the Kingdome was settled again.
London, Printed for William Shears, at the Bible in St. Pauls Church-yard, 1654.
The First Dayes Pro∣ceeding of the High Court of Justice, &c.
THe Triall and the Ex∣ecution of the last King of England, be∣ing still as much the wonder as the dis∣course of Christendome: I shall indeavour to represent it to you, with the exactest faithfulness that can possibly be desired; and al∣though others have gone before me on the same subject, by the be∣nefit of time; I doubt not but that I shall exceed them by the advan∣tage of truth.
Page 2In the Supream Tribunal of Ju∣stice sitting at Whitehall in West∣minster, Serjeant Bradshaw being President, and about seventy o∣ther persons, elected to be his Judges, being present; the Cryer of the Court, having Proclaimed his Oyes, to invite the people to attention, silence was comman∣ded, and the Ordinance of the Commons in Parliament, in refe∣rence to the Examination of the King, was read, and the Court was summoned, all the Members there∣of arising as they were called.
The King came into the Court, his head covered, Serjeant Dendy, being remarkable by the Autho∣rity of his Mace, did Usher him in; Colonel Hatcher, and about thirty Officers and Gentlemen did at∣tend him as his Guard.
The Court being sat, the Lord President Bradshaw spake thus un∣to him.
Page 3Charls Stuart King of England, the Commons of England assem∣bled in Parliament, being touched with the sense of the Calamities which have happened to this Na∣tion, and of the innocent bloud spilt, of which you are accused to be the Author, have both accord∣ing to their office, which they ow unto God, this Nation and them∣selves, according to the power and fundamentall faith intrusted with them, by the people, Constituted this supream Court of Justice, be∣fore which you are now brought to hear your Charge, on which this Court will proceed.
Sir, In the Name of the Commons of England, and of all the people thereof: I do charge Charls Stuart here present, as guilty of Treason and other great defaults, and in the name of the Commons of Eng∣land,Page 4 I require that his charge may be read unto him.
Stay a little.
Sir The Court hath given order, that the Charge shall be read: If you have any thing afterwards to plead for your self, you may be heard: Hereupon the Charge was read.
THat the said Charls Stuart be∣ing admitted King of Eng∣land, and therein trusted with a li∣mitted Power, to govern by, and according to the laws of the Land, & 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 Peo∣ple, and for the preservation of their Rights and Liberties; Yet neverthe∣lesse out of a wicked Designe, to e∣rect, and uphold in himself an un∣limitted and Tyrannical power, to Page 5 rule according to his Will, and to overthrow the Rights and liberties of the people; Yea, to take away, and make void the foundations therof, and of all redress and remedy of mis∣government, which by the funda∣mental constitutions of this king∣dome, were reserved on the peoples behalf, in the right and power of fre∣quent and successive Parliaments, or nationall meetings in Councel; he the said Charls Stuart, for accom∣plishment of such his designes, and for the protecting of himself and his adherents, in his and their wicked practises to the same ends, hath trai∣terously and maliciously leavied war against the present parliament, and the people therein represented.
Particularly, upon or about the thirtieth day of June, in the year of our Lord, One thousand six hundred fourty and two, at Beverly, in the County of York; and upon, or about Page 6 the 30th day of July, in the year a∣foresaid, 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 also on, or about the twenty third day of October in the same year, at Edg∣hill, and Keinton-field, in the Coun-of Warwick; and upon or about the thirtieth day of November, in the same year, at Brainchford, in the County of Middlesex: And upon, or about the thirtieth day of August in the year of our Lord, One thousand six hundred fourty and three, at Cavesham-bridge, neer Reding, in the County of Berks; and upon, or about the thirtieth day of October, in the year last mentioned, at, or neer the City of Glocester; and upon, or about the thirtieth day of Novem∣ber, in the year last mentioned, at Page 7 Newbury, in the County of Berks; And upon, or about the one and thir∣tieth day of July, in the year of our Lord, One thousand six hundred fourty & four, at Cropredybridge, in the County of Oxon; And upon, or about the thirtieth day of Se∣ptember, in the year last mentioned, at Bodmin, and other places neer ad∣jacent, in the County of Cornwall; And upon, or about the thirtieth day of November, in the year last men∣tioned, at Newbery aforesaid; And upon, or about the eighth day of June in the year of our Lord, One thousand six hundred fourty 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 Northamp∣ton. At which severall times and places, or most of them, and at many other places in the land, at severall other times, within the years afore∣mentioned: Page 8 And in the year of our Lord, One thousand six hundred fourty and six; he the said Charls Stuart, hath caused and procured many thousands of the Free-people of the Nation to be slain; and by Divi∣sions, parties and insurrections, within this land, by invasions from Forraign parts, endevoured and pro∣cured by him, and by many other e∣vill wayes and means. He the said Charls Stuart, hath not onely main∣tained and carried on the said War, both by land and sea, during the year before mentioned; but also hath renewed, or caused to be renewed, the said war against the Parliament, and good people of this Nation, in this present year, One thousand six hun∣dred fourty and eight, in the Coun∣ties of Kent, Essex, Surry, Sussex, Middlesex, and many other Coun∣ties & places in England & Wales and also by sea; and particularly, he Page 9 the said Charls Stuart, hath for that purpose, given Commission to his Son the prince and others, whereby be∣sides multitudes of other persons, many such, as were by the parliament intrusted and imployed, for the safe∣ty of the nation, being by him and his agents, corrupted, to the betray∣ing of their Trust, and revolting from the parliament, have had entertain∣ment and commission, for the conti∣nuing and renewing of war and ho∣stility, against the said Parliament and People as aforesaid. By which cruel and unnatural wars by him, the said Charls Stuart, leavied, con∣tinued, and renewed as aforesaid, much innocent blood of the Free-people of this nation hath been spilt; many families have been un∣done, the publick treasury wasted and exhausted, trade obstructed, and miserably decayed; vast ex∣pence and dammage to the Nati∣on Page 10 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 Charls Stuart doth still continue his Com∣missions to the said Prince, and o∣ther Rebels and Revolters, both Eng∣lish and Forraigners, 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 Charls Stuart.
All which wicked designes, wars, and evill practises of him, the said Charls Stuart, have been and are carried on, for the advancing and upholding of the personall Interest of Will and Power, and pretended Pre∣rogative to himself and family, a∣gainst the publique interest, Common Right, Liberty, Justice and peace of Page 11 the people of the nation, by and for whom he was entrusted, as aforesaid.
By all which it appeareth, that he the said Charls Stuart, hath been, & is the occasioner, author, and contri∣ver of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murthers, rapines, burn∣ings, spiols, desolations, dammage & mischief to this nation, acted or com∣mitted in the said wars, or occasion∣ed thereby.
And the said John Cook, by pro∣testation (saving on the behalf of the people of England, the liberty of ex∣hibiting at any time hereafter, any other Charge against him the said Charls Stuart; and also of replying to the Answers which the said Charls Stuart shall make to the premises, or any of them, or any other Charge that shall be so Exhibited) doth, for the said treasons and crimes, on the be∣half of the said people of England, impeach the said Charls Stuart, as Page 12 a tyrant, traitor, murtherer, & a pub∣like, and implacable enemy to the common-wealth of England: And pray, That the said Charls Stuart King of England, may be put to an∣swer all and every the premises, that such proceedings examinations, try∣als, sentence, and judgment may be thereupon had, or shall be agreeable to justice.
The King was oftentimes obser∣ved to smile in indignation, during the reading of the Charge, especially, at the words: Tyrant, Traitor, Murderer, and publick enemy to the Common-wealth.
Sir, you have now heard the Charge read, con∣taining such matters, as do appear therein, you have observed that in the Conclusion thereof, It is re∣quired of the Court, in the Name of the Commons of England, that you answer to your charge, which the Court doth expect.
I would be satisfied by what power I am called hither? It is not long since that I was in the Isle of Wight, How I came thi∣ther, the story is longer than I I conceive fitting, in this place to declare; But I there entred upon a Treaty with both Houses of Parliament, with as much publick faith, as it is possible to be obtain∣ed from any people in the World. I there treated with a number of Honourable Lords and Gentle∣men, and I treated honestly and faithfully with them; I cannot say, but they dealt very ingeni∣ously with me; and we proceed∣ed so farr, that the Treaty was e∣ven concluded. Now I would understand by what Authority, (I mean lawfull) I am brought hi∣ther. There are many unlawfull Authorities in the world, as Thieves and Plunderers in the Page 14 high-wayes. I would know by what Authority I was taken from thence, and carried from place to place, I know not where? When I have understood the lawfulness of the Authority, I will make my Answer: In the mean time, re∣member that I am your King, your lawfull King; and weigh well with your selves, what sins you heap on your own heads, and the anger and judgments of God which you will bring upon this land, I say seriously, weigh it be∣fore you further do proceed from one sin to a greater. Therefore declare unto me, by what lawfull Authority I sit here, and I will not refuse to Answer you. In the mean time I will not betray my trust. I have a trust committed to me by God, by an ancient and lawfull succession, I will not betray that by answering to a new and an un∣lawfull Page 15 Authority; wherefore sa∣tisfie me in this, and you shall hear further from me.
If you had but pleased to observe what the Court did suggest unto you, when you first came hither, you had under∣stood by what Authority you were brought hither; which Au∣thority doth require of you, in the Name of the People of England, by whom you are elected King, that you make answer to them.
No Sir, I deny that.
If you do not ac∣knowledge the Authority of the Court, they ought to proceed a∣gainst you.
I tell them that England was never an Elective Kingdome, but hereditary, for almost, these two thousand years. Therefore declare unto me, by what Autho∣rity I am brought hither. I labour Page 16 more for the liberty of my peo∣ple then any of you, who pretend to be my Judges; and therefore I say, declare unto me, by what law∣full Authority I am placed here, and I will answer you; otherwise, I shall make no answer at all.
Sir, how well you have administred, the power com∣mitted to you, is sufficiently known: The method of your Answering is to put Interrogato∣ries to the Court, which doth not become you in this Condition. Twice or thrice it hath been re∣presented to you.
There is present here a Gentleman, Lievtenant Colonel Cobbet, demand of him, if he did not bring me from the Isle of Wight, by force: I come not hi∣ther to submit my self to this Court. I will do as much for the Priviledges of the House of Com∣mons, Page 17 rightly understood, as any other. I see not here the House of Lords, which is able to consti∣tute a Parliament, and the King ought to be the Super-intendent there. Is this to bring the King to his Parliament? Is this to bring the publick Treaty to an end, by the publick Faith of the world. Either show me your Authority established by the Scriptures, which are the word of God, or confirmed by the constitutions of the Kingdome, and I will answer you.
Sir, you have pro∣pounded a question, and an an∣swer hath been rendred, but if you will not answer to what they to propound, the Court will take it into their consideration, how to proceed against you. In the mean time, they who brought you hi∣ther shall return you back again. Page 18 The Court desireth to be satisfied whether this be all the Answer that you will give them or not.
I desire that you would resolve me and all the world, in this one particular. Give me leave to acquaint you, that it is a thing of no small importance which you go about. I am sworn to keep the peace according to the duty, which I do ow to God and to my Land; and I will here perform it to the last breath of my Body: you shall therefore do wel first to satisfie God, and after∣wards the Land, by what Autho∣rity you do this. If you do it by an usurped Authority, you cannot defend it. God who sitteth in the Heavens will call you, and all those, who have conferred this power on you, to give him an ac∣count of it. Satisfie me in this, and I shall answer you, for otherwise I Page 19 should betray the Faith, commit∣ted to me, and the liberties of my people: Wherefore consider of it, and I shall be willing to answer you. For I do professe it is as great a sin to resist a lawfull Au∣thority, as to submit unto a Ty∣rannicall, or any other unlawfull Authority: wherefore resolve me in this particular, and you shall receive my Answer.
The Court expe∣cteth that you should give them a finall Answer, and will adjourn untill Munday next: If you can∣not satisfie your self; although we tell you our authority, our au∣thority will satisfie our selves; And it is according to the autho∣rity of God and the Kingdome, and the peace (of which you speak) shall be preserved in the administration of Justice, and that is our present work.
I give you this for my answer, you have not shown me any lawfull authority, which may satisfie any reasonable man.
It is onely your apprehension, we are fully satis∣fied who are your Judges.
It is not my apprehensi∣on, nor yours which ought to de∣termin this.
The Court hath heard you, and disposed of you accordingly as their discretions have thought expedient.
The Court adjourneth to the Painted chamber, untill Munday at ten of the clock in the morn∣ning, and from thence hither.
Some thing that was ominous, ought not to be passed by in silence, when the Charge was read against the King, the silver head of his staff did fall off, which he much did won∣der at, and observing no man so Page 21 officious to assist him, he stooping towards the ground did take it up himself.
As the King returned, looking on the Court, he said, I fear not thee, meaning the sword. As he came down the stayres, the peo∣ple who were in the Hall, cryed out some of them, God save the King; but the greater part Ju∣stice, Justice.
The second dayes proceeding against the King, January 22. &c.
THe Cryer having thrice pro∣nounced his Oyes, and silence cōmanded, after that the Judges were called, and every one did particularly answer to his Name. Silence was again commanded, under pain of imprisonment, and the Captain of the Guards was Page 22 ordered to apprehend any that should endeavour to make a tu∣mult.
At the comming of the King in∣to the Court, there was a great shout, and the Court commanded the Captain of the Guards to ap∣prehend and imprison those, who should make either a noise or tu∣mult.
The Court being sat, the Sol∣licitor turning to the President said, May it please your Lordship my Lord President. In the former Court, on Saturday, in the Name of the Commons of England, I ex∣hibited and offered to this Tribu∣nal the charge of high Treasons, and other grievous crimes against the Prisoner, with which I did charge him, In the Name of the People of England, and his charge was read, and his Answer deman∣ded. My Lord, It pleased him at Page 23 that time to return no answer at all, but instead of answering, he questioned the Authority of the High Court: My most humble motion to this High Court in the Name of the People of the King∣dome of England, is that the Pri∣soner may be compelled to give a positive answer, either by way of Confession or Negation, which if he shall refuse, that the subject of his Charge may be taken for granted, and the Court proceed according to Justice.
Sir, you may re∣member, that on the last conven∣tion of this Court, the cause was expounded to you, for which you were brought hither, and you heard the charge against you read, it being a charge of High Trea∣son, and other grievous crimes against the Kingdom of England: you heard likewise, that it was re∣quired Page 24 in the name of the people, that you should answer to your charge, that there should be a pro∣ceeding thereon, as should be a∣greeable unto Justice: you were then pleased to move some scru∣ples concerning the authority of this Court, and you desired to be satisfied in your knowledge, by what authority you were brought hither: you severall times did propound your questions, and it was often answered to you, that it was by authority of the commons of England Assembled in Parlia∣ment, who did judge it requisite to call you to an account, for the great and grievous crimes of which you are accused. After that the Court did take into their seri∣ous consideration, those things which you objected, and they are fully satisfied in their authoritie; and do conceive it requisite, that Page 25 you should admit it; they there∣fore require that you give a posi∣tive and a particular Answer to the charge exhibited against you: they do expect that you should ei∣ther confesse it or deny it. If you shall deny it, it will be proved in the behalf of the Kingdome, the whole World doth approve of their Authority. So that the king∣dome is satisfied, and you ought thereby to be satisfied your self; you ought not therefore to waste time, but to give your positive an∣swer.
It is true, that when I was last here, I moved that question; and indeed, if it were onely my businesse in particular, I should have satisfied my self with that protestation, which I then inter∣posed against the lawfulnesse of this Court; and that a King can∣not be judged by any superiour Page 26 jurisdiction on earth, but my own interests are not onely involved in it, but the liberties also of the people of England; and pretend what you will, I doe indeavour more for their liberties, then any whatsoever. For if Power with∣out laws, can make laws and change the Fundamentall laws of the Kingdome, I know not what subject in England can be secure of his life, or of any thing which he doth call his own: Wherefore when I came hither, I expected particular reasons, that I might understand by what law, and what Authority you would pro∣ceed against me. I should then perceive what most especially I have to say unto you, for the af∣firmative is to be proved, which seldome the Negative is capable of; but because I cannot per∣swade you thus, I will give you my Page 27 Reasons as briefly as I can.
The Reasons for which in con∣science and duty which I ow, first unto God, and afterwards to my people, for the preservation of their lives, their liberties, and their fortunes: I believe I cannot answer until I am satisfied of your legality of it.
All proceedings against any man whatsoever —
Sir, I must interrupt you, which I would not do, but that which you do, agreeth not with the proceedings of any Tri∣bunal of Justice, you enter into a controversie, and dispute against the Authority of this Court, be∣fore which you appear a prisoner, and are accused as a great Delin∣quent. If you will take upon you to controvert the Authority of this Court, we cannot give way unto it; neither will any tribu∣nal Page 28 of Justice admit it; you ought to submit unto the Court, and to give an exact and direct Answer, whether you will answer to your charge or not? and what is the answer that you make.
Sir I know not the for∣malities of the law, I know the law & reason; & although I am no professed Lawyer, I know the law as well as any Gentleman in Eng∣land, and I am more eager for the Liberties of the people of England then you are? and if I should be∣lieve any man, without he gives me Reasons for what he saith, It would be absurd; but I say unto you, that the Reason which you give is no wayes satisfactory.
Sir I must inter∣rupt you, for it cannot be per∣mitted to you in this manner to proceed: you speak of law and reason, it is fit that there should Page 29 be both law and reason, and they are both against you. Sir the Vote of the Commons of England As∣sembled in Parliament, is the rea∣son of the Kingdome, and they or∣dained this law according to which you ought to Reign. Sir, It is not lawfull for you to dispute a∣gainst our Authority. This again hath been told you by the Court. Sir, Notice will be taken that you contemn the Court, and this con∣tempt of yours will be recorded.
I know not how a King can be interpreted to be a Delin∣quent, but by any law that I ever heard, all men, whether Delin∣quent or what you will, may law∣fully make objections against their Processe; this is that which I require, and I again desire that my Reasons may be heard. If you deny this, you deny Reason.
Sir, you have ob∣jected Page 30 something to the Court; I will declare unto you their opini∣on. Sir, It is not lawfull for you or any man else to dispute against this Subject; It is Decreed, you ought not to dispute against the jurisdiction of this Tribunal; If you shall yet do it, I must intimate unto you, that they are above ob∣jections. They sit here by Autho∣rity of the Commons of England; and all your Predecessors and you your self are bound to be accoun∣table to them.
I deny that, shew me one example?
Sir, you ought not to interrupt, but attend whilest the Court speaks unto you. This Subject is not to be disputed by you, neither will the Court per∣mit that you should object against the jurisdiction of it, they have considered of their jurisdiction, and do approve it.
Sir, I say, that the Com∣mons of England were never a Court of Judicature; and I would fain know, how they came to be made so now?
Sir, It is not permit∣ted to you to proceed in those discourses.
Then the Secretary of the Court did read, as followeth.
Charls Stuart, King of England, you have been accused in the Name of the People of England of High Trea∣son, and other grievous Crimes. The Court hath determined that you shall answer to your Charge.
I will answer, as soon as ever I shall understand, by what authority you do these things?
If this be all that you will speak: Gentlemen, you who brought the prisonner hither, take him back again.
I demand, that I may be Page 32 permitted to exhibite my Rea∣sons, why I answer not unto the Charge, and give me time to per∣form this.
Sir, It is not for pri∣sonners to demand.
Prisonners, Sir! I am no ordinary prisonner.
The Court hath con∣sidered of their own jurisdiction, and they have also confirmed their jurisdiction: If you will not answer, we will give order that your Default be recorded.
You have not yet heard my Reasons.
Your Reasons are not to be heard against the Su∣pream Jurisdiction.
Shew me that jurisdicti∣on in the world, where Reason is not to be heard.
Sir, We shew it you here, the Commons of England; Page 33 & the next time you are brought hither, you shall understand fur∣ther of the pleasure of the Court, and peradventure their finall sen∣tence.
Shew me, where the House of Commons was ever a Court of Judicature in that kind.
Serjeant, take away the Prisonner.
Sir, Remember that the King is not suffered to declare his Reasons, for the Libertie and Immunities of his Subjects.
Sir, That Freedome of speech is not permitted to you, how great a friend you have been to the Laws, and the Liberties of the people; let England and all the world judge?
Sir, By your leave, I have alwayes loved the Liberty, the Immunities, and Laws of the sub∣jects; If I have defended my self Page 34 by Arms, I have not taken them up against the people, but for them.
You must obey the Decree of the Court, you give no answer to the Charge against you.
And so was he brought to the House of Sir Robert Cotton; and the Court was adjourned to the Pain∣ted Chamber, untill Wednesday fol∣lowing at twelve of the clock, at what houre they intended to adjourn again to Westminster-hall, where all whom it doth concern are com∣manded to be present.
The third dayes proceedings against the late King at the High Court of Justice TuesdayJan. 23. 1648.
THe Cryer according to the Custome, having with his O∣yes commanded silence and atten∣tion; the King being sate, Mr. Atturney Generall turning to the Lord President spake in these words,
May it please your Lordship: 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, and yet by reason of his refusall to put in his Answer, there is yet no issue joyned in the cause. My Lord, I did at the first exhibit a Charge a∣gainst him, containing the highest practices of Treason, that were ever wrought on the Theater of England. That a King of England,Page 36 trusted to keep the Lawes of Eng∣land, and who had taken an Oath so to do, and had tribute paid him for that end, should be guilty of so wicked a design, as to subvert our Laws, and introduce an arbi∣trary and tyrannicall Govern∣ment, and set up his Standard of Warre against his Parliament and his people, and I did humbly pray in the behalf of the people of England, that he might speedily be required to make an answer to his charge.
But my Lord, instead of ma∣king an answer, he did then di∣spute the Authority of this Tri∣bunal, and your Lordship being pleased to give him a further day to put in his answer which was yesterday, I did move again that he might be required to put in a direct and positive answer, to his charge, either by denying or con∣fessing Page 37 it, but he was then pleased to debate the Jurisdiction of the Court, although he was comman∣ded to give a positive answer.
My Lord, by reason of this great delay of Justice, I shall hum∣bly move for speedy judgement against him. I may presse your Lordship upon the known Rules of the Laws of the Land, that if a prisoner shall stand in contempt & not plead guilty or not guilty to the charge given against him, it by an implicite confession ought to be taken pro confesso, as I may instance in divers who have deser∣ved more favor than the prisoner at the Bar hath done. But I shall presse upon the whole fact. The House of Commons, the Supream Authority of the Kingdome have declared, (my Lord) that it is no∣torious. The matter of the charge is true, and clear as chrystall, or Page 38 as the Sun that shineth at Noon day, in which my Lord President, if your Lordship and the Court be not satisfied, I have severall witnesses on the behalf of the people of England to produce, and therefore I do humbly pray, and not so much I, as the innocent blood that hath been shed, the cry whereof is great for Justice and Judgement, that speedy judge∣ment may be pronounced against the prisoner at the Bar.
Sir, you have heard what hath been moved by Mr. Sollicitor on the behalf of the Kingdome against you. Sir, you may well remember, and if you do not, the Court cannot forget the delayes which you have made. You have been pleased to pro∣pound some Questions, and am∣ply you have had your resoluti∣on on them, you have been often Page 39 told that the Court did affirm their own Jurisdiction; and that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of Eng∣land, from which there is no ap∣peal, and touching which there must be no dispute; yet you did deport your self in that manner, that you gave no obedience, nor did acknowledge any Authority either in them, or the Supream Court of Parliament, that con∣stituted this high Court of Ju∣stice. Sir, the Court gives you to understand that they are very sensible of these demurres, and that being thus authorised by the High Court of England, they ought not to be trifled withall, especially, seeing if they please, they may take advantage of these delayes, and according to the rules of Justice, proceed and pro∣nounce Page 40 Judgement against you. Neverthelesse they are so favou∣rable as to give directions to me, and therefore on their behalf I do require you to make a positive answer to this charge, that hath been read against you. Justice knows no respect of persons. You are to give your positive and final Answer in plain English, whether guilty or not guilty, of the Trea∣son laid to your charge.
The King having meditated a little, did answer in these words. When I was here yester∣day, I desired to speak for the Li∣berties of the people of England: I desire yet to know, whether without interruption, I may speak freely, or not?
Sir, on the like Que∣stion, you had yesterday the reso∣lution of this Court; you were told that having a charge of so high a Page 41 nature against you, your work was to acknowledge the Jurisdiction of the Court, & to answer the charge; after you have done that you shall be heard at large to make the defence you can for your self; but Sir the Court commands me to make known unto you, that you are not permitted to run into any other discourses, untill such time that you have returned a po∣sitive Answer to the matter that is charged upon you.
I value not the charge a rush: It is the Liberty of the peo∣ple of England that I stand for. For me who am your King, and should be an example to all the Courts in England, to uphold Ju∣stice, and maintain the old Laws; for me I say, to acknowledge a new Court, that I never heard of before, is a thing that I know not how to do. You did Page 42 speak very well on the first day I came hither, concerning the ob∣ligations that I have laid upon me by God, for the maintenance of the Liberties of my people. I do acknowledge that I do ow the same obligations to God and my people, to defend as much as in me lies, the ancient Laws of the Kingdom: therefore untill I be sa∣tisfied that this is not against the fundamentall Laws of the King∣dome, I can put in no particulars to the Charge. If you will give me time, I will shew you my Rea∣sons wherefore I cannot do it, and Here being interrupted, he said. By your favour you ought not to in∣terrupt me. How I came here I do not know. There is no Law to make your King your prisoner. I was in a Treaty upon the pub∣lick faith of the Kingdome, that was the known —two Houses Page 43 of Parliament, that was the Re∣presentative of the Kingdome, and when I had almost made an end of the Treaty; I was hurried away, and brought hither; and therefore I would —
Sir, you must know the pleasure of the Court.
By you favour Sir,—
Nay Sir, by your fa∣vour, you may not be permitted to run into these discourses, you appear here as a Delinquent, you have not acknowledged the Au∣thority of the Court, the Court once more do•h command you to give your positive Answer?
Do your Duty.
M. Broughton reads, Charls Stu∣art, King of England, you are accu∣sed in the behalf of the Commons of England of divers high Crimes and Treasons, which Charge hath been Page 44 read unto you. The Court now re∣quires you to give your positive and finall answer, either by way of con∣fession, or by deniall of the Charge.
Sir, I say again unto you, If therby I may give satisfaction to the people of England of the up∣rightness of my proceedings, not by way of answer, but to satisfie them that I have done nothing a∣gainst that trust, that hath been committed to me, I would do it; but to acknowledge a new Court, against their priviledges, to alter the Fundamentall Laws of the Kingdome; you must excuse me, if I shall refuse to do it.
Sir, This is the third time, that you have publiquely disowned this Court, and put an affront upon it. How far you have preserved the priviledges of the People, your actions have spoke: And truly Sir, If mens intentions Page 45 can be known by their actions, you have written your intentions in bloody Characters throughout the whole Kingdome: But Sir, you are to understand the plea∣sure of the Court—Clerk, Re∣cord the Default—. And Gentlemen, you that are a guard to the Prisoner, take him back a∣gain.
I will onely adde this one word, If it were onely my own particular, I would not say any more, nor interrupt you at all.
Sir, you have heard the pleasure of the Court, and not∣withstanding you will not under∣stand it: you are to finde that you are before a Court of Justice.
The King going forth Procla∣mation was made, that all persons who then appeared; and had fur∣ther to do with the Court, might depart into the Painted Chamber, Page 46 to which place, the Court adjour∣ned, being resolved to meet again in Westminster-Hall, by ten of the Clock, the next morning.
Wednesday January 24.
The Court being this day imployed upon Examinations of Witnesses, and other things, in order to their next proceedings, did appoint one of their Ʋshers to give notice to the peo∣ple there assembled to appear on fur∣ther summons.
The last proceedings against the King wherein they pronounced Sentence upon him, on Saturday,Jan. 27. 1648.
SIlence being commanded by the Cryer, the Court was cal∣led, and Serjeant Bradshaw the Lord President, was that day in a scarlet Gown. There were pre∣sent that day, sixty and eight Members of the Court.
The King, turning to the Lord President, said; I shall desire to be heard some few words, and I hope I shall give no occasion of Inter∣ruption.
You may answer in due time, hear the Court first.
If it please you Sir, I de∣sire to be heard; and I shall not give any occasion of interruption, and it is onely in a word. A sud∣den Judgment—
Sir, you shall be heard (as I have told you) in due time, but you must hear the Court first.
What I am to speak will be in order, as I conceive, to what I believe the Court will say, and therefore Sir, I desire to be heard, A hasty judgement is not so soon recalled.
Sir, you shall be heard before Judgment be given, and in the mean time, you ought to forbear.
Well Sir, I shall be heard before the Judgment be given.
Gentlemen, It is well known to all, or the greatest part of you here present, that the pri∣sonner at the Bar hath been seve∣rall 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 Page 49 of England, to which charge being oftentimes commanded to An∣swer; he hath been so far from submitting to the Court, as he hath undertook to object again, and dispute the Authority of this Court, and of the High Court of parliament, who constituted this Court to Try and Judge him; but being over-ruled in that, & com∣manded to make answer; he was still pleased to persevere in his contumacy, and refused to sub∣mit to answer; whereupon the Court that they may not be wan∣ting to themselves, and to the trust reposed in them; nor that any mans wilfulnesse shall pre∣vent the course of Justice; have considered of the contempt, and of that consequence which in law doth arise on that contempt. They have likewise considered of the notoriousnesse of the Fact Page 50 charged upon the prisoner, and upon the whole matter are resol∣ved, and have agreed upon a Sen∣tence to be now pronounced a∣gainst him, but in regard he hath desired to be heard before Sen∣tence be read and pronounced, the Court is resolved to hear him: yet Sir, thus much I must tell you before hand, of which also you have been minded at the other Courts, that if what you are to propose shall tend to dispute the jurisdiction of the Court, you are not to be heard therein: you have offered it formerly, and you have indeed struck at the root, which is the power and supream Autho∣rity of the Commons of England, of which this Court will admit no debate; and indeed it would be an unreasonable thing in them so to do, being a Court which doth act upon that Authority, which Page 51 they have received from them; they will not presume to judge upon their Superiours, from whom there is no appeal. But Sir, If you have any thing to say in defence of your self, concerning the matter with which you are charged; the Court hath given me command to let you know, they will hear you.
Since I perceive, you will not heare any thing of Debate concerning that which I confesse, I thought most materiall for the peace of the Kingdome, and the Liberty of the Subject; I shall wave it, and speak nothing of it, onely I must tell you, that these many dayes all things have been taken from me, but that which I call more deer unto me, than my life, which is my Conscience and my Honour; and if I had respect to my life more than to the peace Page 52 of the kingdome & the liberty of the Subject; I should certainly have made a particular defence for my self, for by that at least I might have deferred an ugly Sentence, which I expect to passe upon me. Therefore undoubtedly; Sir, as a man that hath some understand∣ing, some knowledge of the world if that my true zeal to my Coun∣try, had not over born the care of my own preservation, I should have gone another way to work then now I have done. Now, Sir, I conceive that a hasty Sentence once passed may sooner be repen∣ted then revoked; and truly the same fervent desire I have for the peace of the Kingdome, and the liberty of the Subject, more then my own particulars, doth make me now at last move that, having somthing to say concerning both, I may be heard before my Sen∣tence Page 53 be pronounced, before the Lords and Commons in the Pain∣ted Chamber. This delay cannot be prejudiciall to you whatsoever I shall utter. If I speak not reason those that hear me, must be my Judges; but if it be Reason, and really for the welfare of the King∣dome, and the Liberty of the Sub∣ject; I am sure of it, it will be well worth the hearing. There∣fore I conjure you, as you love that which you pretend (I hope it is reall) the Liberty of the Sub∣ject & the peace of the kingdom, that you will grant me the hear∣ing before Sentence be past. I on∣ly desire this, that you will take this into your consideration. It may be you have not heard of it before hand. If you think well of it, I will retire, and you may think of it; but if I cannot get this li∣berty; I do here protest, that so Page 54 fair shews of liberty and peace are but pure shews and no otherwise, if in this you will not hear your King?
Sir, you have now spoken?
And this which you have spoken, is but a further de∣clining of the Jurisdiction of this Court, which is the thing where∣in you were limited before.
Pray excuse me Sir, for my interruption, because you do mistake me. It is not a declining of it, you do judge me before you hear me speak; I say, I will not, I do not decline it; although I can∣not acknowledge the jurisdiction of it. In this, give me leave, to say that though I would not, though I did not acknowledge it in this; yet I protest, this is not to decline it, since I say, If that which I shall Page 55 propound be not for the peace of the Kingdome 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.
Sir, This is not altoge∣ther new, that you have offered unto us, I say, it is not altogether new unto us, although it be the first time, that in person you have offered it to the Court. Sir, you say, you do not decline the juris∣diction of the Court.
Not in this that I have said.
I understand you well enough Sir, Neverthelesse, that which you have propounded seems to be contrary to what you have said, for the Court are rea∣dy to proceed to Sentence: It is not (as you say) that they will not hear their King: For they have Page 56 been ready to hear you, they have patiently waited your pleasure for three Court dayes together to hear what you would answer to the peoples charge against you; to which you have not vouchsafed to give any answer at all. Sir: this doth tend to a further delay, and truly Sir, Such delays as these, nei∣ther may the kingdom nor Justice admit: You have had the advan∣tage of three several dayes to have offered in this kinde, what you were pleased to have propounded to the Lords and Commons. This Court is founded upon the Au∣thority of the Commons of Eng∣land, in whom resteth the Suprem Jurisdiction: That which you now tender to the Court, is to be tryed by another jurisdiction, a co-ordinate jurisdiction, I know very well, how you have expres∣sed your self, and that not with∣standing, Page 57 what you would pro∣pound to the Lords and Com∣mons, yet nevertheless, you would proceed on here; I did hear you say so: but Sir, That which you would offer there, whatsoe∣ver it be, must needs be in delay of Justice here; so as if this Court be resolved and prepared for the Sentence, they are bound in ju∣stice not to grant that which you so much desire; but Sir, accord∣ing to your desire, and because you shall know the full pleasure of the Court upon that, whilest you have moved, the Court shall withdraw for a time.
Shall I withdraw?
Sir, you shall know the pleasure of the Court present∣ly.
The Court withdraws for half an hour into the Court of Wards. Ser∣jeant at Arms, the Court gives com∣mand Page 58 that the prisoner withdraw, and that about half an hour hence the prisonner be returned again.
The time being expired, the Court returned, and the Lord President commanded the Serjeant at Arms to send for his prisonner.
The King being come attended with his Guard, The Lord Presi∣dent said unto him, Sir, you were pleased to make a motion here to the Court, concerning the desire you had to propound something to the Lords and Commons in the Painted Chamber, for the peace of the Kingdome. Sir, you did in ef∣fect receive an Answer before the Court adjourned. Truly Sir, their adjournment and withdrawing was pro formâ tantum, for it did not seem to them, that there was any difficulty in the thing; they have considered of what you mo∣ved, and have considered of their Page 59 own Authority, which is groun∣ded as it hath been often said, up∣on the supream Authority of the Commons of England, assembled in Parliament. The Court doth act according to their Commissi∣on. Sir, I have received an ex∣presse Order from the Court, to acquaint you, that they have been too much delaied by you already, and that this which you have now offered, hath occasioned some lit∣tle further delay; they are Judges appointed by the highest Judges, and Judges are no more to delay than they are to deny justice; they are good words in the old Char∣ter of England, Nulli negabimus, nulli vendemus, nulli deferremus ju∣stitium; There must be no delay, but Sir, the Truth is, and so every man here observes it. That you have much delayed them by your contempt and default; for which Page 60 they might long since have pro∣ceeded to judgment against you; therefore notwithstanding, what you have offered, they are resol∣ved to proceed to punishment & to judgment; and this is their un∣animous resolution.
Sir, I see it is in vain for me to dispute, I am no Sceptick to doubt, or to deny the power that you have: I do know that you have power enough. Sir, I con∣fesse, I do believe it would have been advantagious to the peace of the Kingdome, if you would have been pleased to take the pains to show the lawfulnesse of your po∣wer. As for this delay, which I have desired, I do confesse, it is a delay, but it is a delay that is im∣portant for the peace of the King∣dom: It is not my person, that I look on alone: It is the welfare of the Kingdome, the peace of the Page 61 kingdome. It is an old saying, that we should think on long, but per∣form great matters suddainly. Therefore, Sir, I do say again, I do put at your doores, all the incon∣veniencies of a hasty Sentence. I have been here now a full week, this day eight daies, was the day in which I made in this place, my first appearance; The short re∣spite but of a day or two longer, may give peace unto the Nation; whereas an hasty judgement may bring such a perpetual trouble & inconvenience upon it, that is, the childe unborn may repent it. And therefore once more, out of the duty I ow 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 o∣ther place that you will appoint me.
Sir, you have been Page 62 already answered to what you have moved, it being the same motion which you made before, for which you have had the re∣solution and the judgment of the Court in it; and the Court would now be satisfied from you, whe∣ther you have any more to say for your self than you have yet said, before they proceed to Sentence?
I say this Sir, that if you will but hear me, and give me this delay, I doubt not, but I shall give some satisfaction to all that are present, and to my people that are absent; and therefore I re∣quire you, as you will answer it at the dreadfull day of judgement, that you will, once again take it into your consideration.
Sir, I have received Instructions from the Court.
If this must be rein∣forced, Page 63 or any thing of this nature, your answer must be the same, as it was before, and they will pro∣ceed to Sentence if you have no more to say?
Sir, I have nothing more to say, onely I desire that this may be entered what I have said.
The Court Sir, then hath something else to say to you, which although I know will be very unwelcome; yet notwith∣standing, they are resolved to dis∣charged their duty.
Sir, you have spoken very well of a pretious thing, that you call a peace; and it were much to be wished that God had put it into your hart, that you had as effectu∣ally endeavoured, and studied the peace of the kingdom, as in words you seem to pretend; but as the other day, it was represented to you, that actions must expound in∣tentions: Page 64 Your actions have been clean contrary, and truly sir, it doth appear very plainly to the Court, that you have gone upon very erronious principles. The kingdome hath felt it to their smart, and it will be no comfort to you, to think of it; for sir, you have been heard to let fall such language, as if you had not been subject to the law, or that the law had not been your superiour. The Court is very sensible of it: I hope, so are all the understanding people of England. That the law is your superiour: you ought to have ruled according to the law, you ought to have done so, and your pretence hath been, that you have done so: But sir, the questi∣on is, who shall be the expositors of the law, whether you and your party out of the Courts of Justice shall take upon you to expound Page 65 the law? Or whither the Courts of Justice shall be the expounders themselves? nay this soveraign and high Court of Justice, the Par∣liament of England, who may be well be obliged to be the highest expounders of the law, since they are the sole makers of it. Sir, for you to set your self with your sin∣gle judgment, or for those who adhear unto you, to set them∣selves against the highest Court of Justice, there is no law for it? Sir, as the law is your superior, so tru∣ly, there is something that is supe∣riour to the law, which is the Pa∣rent or Author of the law, and that is the people of England: For as they are those who at first (as o∣ther countries have done) did chose unto themselves this form of Government, that justice might be administred and the peace pre∣served: so they gave laws unto Page 66 their Governours, according to which they were to govern; and if those laws should have proved inconvenient or prejudiciall to the publick, they had a power in them reserved to themselves to alter, as they should finde cause.
It is very true, what some of your side have alledged; Rex non habet parem in regno. This Court will affirm the same in some sense, that whilest King, you have not your peer; for you are ma∣jor singulis, but they will aver again, that you are minor uni∣versis; and the same Author tells you that in exhibitione juris, you have no power, but they are quasi minimus.
This we know to be law, Rex habet superiorem Deum & legem, etiam & Curiam, and so sayes the same Author; and he makes bold to proceed further; Debent ei frae∣num Page 67 ponere, they ought to bridle him. We know very well the sto∣ries of old: we cannot be igno∣rant of those wars that were cal∣led the Barons wars, when the Nobility of the land did stand out for the liberty and the propriety of the subject, and would not suf∣fer the Kings that did invade their liberties to play the tyrants, but did call them to an account for it, and did fraenum ponere. But sir, If the Nobility of the land, do forbear to do their duty now, and are not so mindfull of their own honour and the kingdoms good, as the Barons of England of old have been; certainly, the Com∣mons of England will not be un∣mindfull of what is requisite for their preservation and their safe∣ty. Justitiae fruendi causa Reges constituti sunt. By this we learn that the end of having Kings or Page 68 Governours, is for their enjoying of justice, that is the end. Now sir, If the King will go contrary to that end, or if any governour will go contrary to the end of his go∣vernment, he must understand, that he is but an Officer in trust, and that he ought to discharge that trust, and order is to be taken for the animadversion and punish∣ment of such an offending Gover∣nour.
Sir, This is not a law of yester∣day (since the time of the division betwixt you and the Parliament) but it is a law of old; And we know very well both the Authors and the Authorities that acquaint us what the law was in that point on the election of Kings, when they took their Oath to be true unto the people; and if they did not observe it, there were those remedies instituted which are cal∣led Page 69 Parliaments. The Parlia∣ments were they that were to ad∣judge (the very words of the Au∣thors, the plainenesse and wrongs done by the King and Queen, or by their children; such wrongs e∣specially when the people could have no where else a remedy. Sir, this is the Case of the people of England, they could not have their remedy else where but in Parlia∣ment.
Sir, Parliaments were instituted for that intent, it was their main end, that the grievances of the people might be redressed, and truly, if the Kings of England had been rightly mindfull of them∣selves, they were never more in Majesty or State, than in the time of the Parliament: but how for∣getfull some have been, Histories have informed us; and we our selves have a miserable, a lamen∣table, Page 70 and a sad experience of it.
Sir, by the old Laws of England (I speak these things the rather to you, because you were pleased to affirm the other day, that you thought you had as much know∣ledge in the law as most Gentle∣men of England. It is very well, Sir; and truly sir, it is very fit for the Gentlemen of England to un∣derstand the laws, under which they must live, and by which they must be governed; And then Sir, the scripture saies, they that know their Masters will and do it not; you know what follows, the law is your Master, the acts of Parlia∣ment) the Parliaments were an∣tiently to be kept twice in the year, as we finde in our old Au∣thor, that the Subject upon any occasion might have a remedy and a redresse for his grievance. Afterwards by several acts of par∣liament Page 71 in the dayes of your Pre∣decessor Edward the third; they were to be but once a year. What the Intermission of parliaments in your times hath produced, is very well known, and the sad conse∣quences of it; as also what in the interim instead of parliaments, there hath been by you, by a high and arbitrary hand introduced upon the people. But when God by his providence had so farre brought it about, that you could no longer decline the calling of a parliament, a parliament was cal∣led, where it may appear what your ends were against your an∣tient and native Kingdom of Scot∣land, but this parliament of Eng∣land not serving your turn against them, you were pleased to dissolve it. Not long after, another great necessity occasioned the calling of this parliament, and what your Page 72 Designs and Indeavours all along have been for the crushing and confounding of it, hath been most notorious to the whol kingdom. And truly Sir, in that you did strike at all, It had been a sure way to have brought about that which this Charge doth lay upon you; your intention to subvert the fundamental laws of the land, for the great Bulwarks of the peo∣ples liberty, is the parliament of England, and to subvert and root up that, which your aim hath been to do, would certainly at one blow, have confounded the liber∣ties and the properties of England.
Truly Sir, It makes me to call to minde (I cannot forbear to ex∣presse it) for sir, we must deale plainly with you according to the merits of your Cause, for so is our Commission, It makes me, I say, to call to mind what I have read of a Page 73 great Roman Emperor, a great Roman Tyrant, I may call him, Ca∣ligula by name, who wished that the people of Rome had but one neck, that at one blow he might cut it off: Your proceedings have been something like to this, the people of England have been and are no where else to be represent∣ed but in parliament; and could you have but confounded that, you had at one blow cut off the neck of England: But God hath reserved better things for us, and hath been pleased to break your forces and to overthrow your de∣signes, and to bring your person into custody, that you might be answerable unto justice.
Sir, we know very well, that it is a question which hath been much pressed by your side, By what presidents we shall proceed. Truly sir, for presidents, I shall Page 74 not at this present make any long discourse on that subject; how∣soever, I shall acquaint them that it is no new thing to cite presi∣dents all most out of all Nations, where the people (when power hath been in their hands) have not sticked to call their Kings to an account, and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people. I will not waste time, to mention France or Spain, or the Empire of Germany, or any other country; Volumnes may be written of it: But truly sir, that president of the kingdom of Arragon hath by some of us been thought upon. The ju∣stice of Arragon, is as a man tan∣quam in medio positus, it is placed between the people of that coun∣try and the king of Spain; so that Page 75 if wrong be done by the King of Arragon, the justice of Arragon hath power to reform that wrong and he is acknowledged, the Kings superiour; and bring the grand prisoner of the priviledges, and liberties of the people; he hath prosecuted against the Kings for their misgovernment.
Sir, What the Tribunes were heretofore to Rome, and what the Ephori were to the State of Lace∣demon, we sufficiently know, they were as the parliament of England to the English State: and though Rome seemed to have lost her li∣berty when once the Emperours were constituted; yet you shall finde some exemplar Acts of ju∣stice even done by the Senate of Rome, on the great Tyrant of his time Nero, who was by them con∣demned and adjudged unto death. But why Sir, should I make Page 76 mention of these Forreign Histo∣ries and Examples unto you. If we shall look but over the Tweede, we shall finde examples enough in your native Kingdome of Scot∣land. If we look on your first king Forgusius, he was an elective King, he died and left two sons, both in their minority: The elder bro∣ther afterwards giving small hopes to the people, that he would govern them well; so because he endeavoured to have supplant his Uncle, who was chosen by the people, to govern them in his mi∣nority; he was rejected by the people for it, and the younger brother was chosen, &c.
Sir, I will not take upon me to expresse what your Histories do at large declare; you know very well that you are the hundred and nineth King of Scotland; to men∣tion all the Kings, which the peo∣ple Page 77 of that kingdome, according to their power and priviledge, have made bold to deale withall, either to banish, imprison, or put to death, would be too long a story for this time and place. Reges (say your own Authors) we cre∣ated Kings, at first, Leges, &c. we imposed Laws upon them, and as they were chosen by the Suffra∣ges of the people at the first, so upon the same occasion, by the same Suffrages they may be taken down again; and of this, I may be bold to say, that no King∣dome in the world hath yielded a more plentifull experience, than your native Kingdome of Scotland, on the deposition and the punishment of their trans∣gressing Kings.
I need not go far for an Exam∣ple, your Grandmother was set aside, and your father an Infant Page 78 crown'd. This State hath done the like in England. The Parlia∣ment and people of England, have made bold to call their King to an account therein, frequent Exam∣ples of it in the Saxons time, the time before the Conquest, and since the Conquest, there have not wanted some presidents: King Edward the second, King Richard the second, were so dealt with by the Parliament, and were both deposed, and deprived, and truly Sir, whosoever shall look into their stories, shall not find the Articles that are charged upon them to come near to the height, and the Capitalnesse of the crimes that are laid to your charge, nothing near.
Sir, you were pleased the other day to alledge your Descent, and I did not contradict it, but take all together, if you go higher than Page 79 the Conquest, you shall find that for almost a thousand years these things have been, and if you come down since the Conquest, you are the four and twentieth King from William called the Conquerour, and you shall find one half of them to come meerely from the State, and not meerely upon the point of Descent. This were ea∣sie to be instanced. The time must not be lost that way. I shall onely represent what a grave and learned Judge said in his time, who was well known unto you, the words are since printed for posterity: That although there were such a thing as a De∣scent many times, yet the Kings of England ever held the greatest assurance of their Titles, when it was declared by Parliament. And Sir, your Oath, and the man∣ner of your Coronation, doth Page 80 planly shew, that the Kings of Eng∣land, although its true by the Law, the next person in bloud is designed, yet if there were a just cause to refuse him, the people of England might do it. For there is a Contract and a bargain made betwixt the King and his people, and your Oath is taken, and cer∣tainly Sir, the Bond is reciprocall, for as you are Liege Lord, so are they Liege Subjects, and we know very well that Legantis est duplex, the one is a Bond of perfection, that is due from the Soveraign, the other is a Bond of Subjection which is due from the Subject, for if this Bond be once broken, fare∣well Soveraignty, Subjectio trahit, &c.
These things may not be deny∣ed, for I speak it the rather (and I pray God it may work upon your heart) that you may be sen∣sible Page 81 of your miscarriages, for whether you have been as you ought to be, a Protector of Eng∣land, or a destroyer of England, let all England judge, or all the world that hath beheld it; and though Sir, you have it by inhe∣ritance, in the way that is spoken of, yet it cannot be denyed, but your Office is an Office of Trust, and indeed an Office of the high∣est Trust that can be lodged in a∣ny single person. For as you were the grand Administrator of Ju∣stice, and others were but as your delegates, to see it executed through your Dominions. If your great Office were to do Justice, & preserve your people from wrong, if instead of executing Justice, you will be the grand and pub∣lick disturber of the peace, sure∣ly this is contrary to your Office and your Trust. Now Sir, if it Page 82 be an office of inheritance (as you speak of your Title by de∣scent) let all men understand, that great Offices are seizable, and for∣feitable, as if you had it but for a year, or for your life. It will therefore much concern you to take into your serious considera∣tion, your great miscarriages in this nature.
Truly Sir, I shall not in this place undertake to give you the particulars of the many miscarri∣ages of your Reign, whatsoever they have been, they are notori∣ously known. It had been happy for the Kingdome, and for your self also, if they had not been so much known, and so much felt, as they are every where complai∣ned on, and reported.
Sir, that we are now upon by the command of the highest Court, hath been and is to bring Page 83 you to your Triall, and to judge you for these great offences of yours: Sir, the Charge hath cal∣led you Tyrant, a Traytor, a mur∣therer, and a publick enemy to the Common wealth; Sir, it had been well, if these terms might rightly and justly have been o∣mitted; nay, if any one of them all.
Truly, we have been told, Rex est, qui bene regit, Tyran∣nus qui populum opprimit, and if that be the definition of a Ty∣rant, then see if you come short of it in your Actions, and whether not the highest Tyrant by that way of arbitrary Government, which you sought to introduce, and were putting upon the peo∣ple. Examine with your self, if that were not as high an act of Tyranny, as any of your prede∣cessours Page 84 were guilty of, yea many degrees beyond it.
Sir, the Term Traytor cannot be spared, we shall easily conclude that it doth enforce and denote a breach of Trust, and it must be supposed to be done by a superi∣or, and therefore as the people of England, might have encurred that term, if they had been truly guilty of it, as to the definition of the Law; so on the other side when you did break your Trust to the Kingdome, you did break your Trust to your superior; For the Kingdome is that for which you were trusted; And therefore when you are called to an ac∣count for this breach of trust, you are called to account by your su∣perior. Minimus Majorem in ju∣dicium vocat: And Sir the peo∣ple of England cannot be so want∣ing to themselves, (whom God Page 85 hath dealt so miraculously and gloriously for) they having both power and their great enemy in their hand, but they must proceed to Justice to themselves and to you; For Sir, the Court could heartily desire that you would lay your hand upon your heart, and consider, what you have done a∣misse, and that you would endea∣vour to make your peace with God. Truly Sir, These are too high Crimes, Tyranny and Trea∣son. There is a third, if those two had not been, and that is murther, which is laid to your charge also. All the bloody murders that have been committed since the Divisi∣on betwixt you and your people, must be laid to your charge. Sir, It is a hainous and a crying sinne, and truly Sir, If any man will ask us what punishment is due unto a murtherer, let Gods law, let mans Page 86 speak. I will presume you are so well read in the holy Scripture as that you know what God himself hath said concerning the shed∣ding of mans blood, Gen. 9. and Numb. 35. will tell you what the punishment is, and this Court in the behalf of the Kingdom are sen∣sible of that innocent blood, that hath been shed, & the land indeed stands still defiled with that bloud and as the Text hath it; It can no way be cleansed, but by the shed∣ding of the blood of him who shed that blood. Sir, We know no dis∣pensation from this blood in the Commandement, Thou shalt do no Murther, we do not know but that it extends to Kings as well as to the meanest peasants, the meanest of the people, the Command is u∣niversall. Sir, Gods law forbids it, mans law forbids it; nor do we know that there is any manner of Page 87 execution, not even in mans laws, for the punishment of Murther in you. Tis true, that in the Case of Kings, every private hand, is not to put forth its self to this work, for their reformatian or punish∣ment; but the people represen∣ted having power in their hands (were there but one willfull Act of murder by you committed) have power to convent you, and to punish you for it.
The weight Sir, then lying up∣on you in all these respects, that have been spoken, for your Ty∣ranny, Treason, Breach of Trust, and the murders that have been committed, surely it should drive you into a sad consideration con∣cerning your eternall estate. I know it cannot be acceptable to you, to hear any such things as these mentioned from this Court, for so do we call our selves, and Page 88 justifie our selves to be a Court, and a High Court of Justice, au∣thorized by the highest and so∣lemnest Court of the Kingdome, as hath been often already said. And although you have indeavo∣red, what lay in you to discourt us; yet we do take knowledge of our selves to be such a Court, as can administer justice to you, as we are bound in duty to it.
Sir, All I shall say, before the reading of the Sentence, is but this. The Court doth heartily de∣sire, that you will seriously consi∣der of those Evils, that you stand guilty of. You said well the o∣ther day, you wished us to have God before our eyes. Truly Sir, I hope all of us have so, that God whom we acknowledge to be King of Kings and Lord of Lords, that God with whom there is no respect of persons; that God who Page 89 is the avenger of Innocent blood; that God have we before our eys, that God who bestows a Curse up∣on them, who in the case of guilty malefactors that deserve death, do withhold their hands from shed∣ding of blood: Sir, That God we have before our eyes, and were it not that the Conscience of our duty hath called us into this place and this imployment, you should have had no appearance of a Court here. But sir, we must pre∣ferre our respect unto God and to the Kingdome, above any respect whatsoever; and although at this present, many of us, if not all of us are severely threatned by some of your party, what they intend to do; yet we do here declare, that we shall not decline or forbear the doing of our Duty in the ad∣ministration of Justice, even to your self; and that according to Page 90 the merit of your offence; al∣though God should permit those men to effect all their bloody de∣signes in hand against us. Sir, we will say, and we will declare it as those Children in the fiery fur∣nace, who refused to worship the Golden Image, that Nebuchadona∣zar had set up. That their God was able to deliver them from the danger they were neer unto; but if he did not deliver them, yet they would not fall down and worship the golden Image. We shall make this application of it. That though we should not be delivered from those bloody hands and hearts, who conspire the overthrow of the Kingdome in generall, and of our selves in particular, for being actors in this great work of Justice; though I say, we should perish in the work, yet by the grace & in the strength Page 91 of God, we are resolved to go on with it. And those are the intire resolutions of us all.
Sir, I say, for your self, that we do heartily wish and desire that God would be pleased to give you a sense of your sins, that you may see wherin you have done amisse, and that you may cry unto him, that God would deliver you from blood guiltinesse. A good King, David by Name, was once guilty of that particular guilt; he was otherwise upright, saving in the matter of Ʋriah. Truly Sir, the History doth represent unto us, that he was a repentant King, and and he had died for his sinne, but that God was pleased to be indul∣gent to him, and to grant him his pardon, Thou shalt not die (saith the Prophet) but the childe shall dye; Thou hast given cause to the Ene∣mies of God to blaspheme.
I would onely desire to be heard, but one word, before you give sentence, and it is that (to sa∣tisfie the world when I am dead) you would but hear me concern∣ing those great Imputations which you have laid unto my charge.
Sir, you must now give me leave to proceed, for I am not far from your Sentence, and your time is now past.
I shall desire you, that you will take these few words in∣to your consideration; For what∣soever sentence you shall pro∣nounce against me in respect of those heavy imputation, which I finde you have laid to my charge; yet Sir, It is most true that—
Sir, I must put you in mind, I must Sir, although at this time especially, I would not wil∣lingly interrupt you in any thing Page 93 you have to say, which is proper for us to admit; but Sir, you have not owned us as a Court, and you look upon us, as a sort of people huddled together, and we know not what uncivill language we re∣ceive from your party.
I know nothing of that.
You disavow us as a Court, and therefore for you to addresse yourself to us, whom you do not acknowledge to be a Court for us (I say) to judge what you shall speak is not to be permitted; and the truth is all along from the very first, you have been pleased to disavow and disown us; The Court needed not to have heard you one word; for unlesse they be acknowledged a Court and in∣gaged, it is not proper for you to speak.
Sir, We have given you too large an indulgence of time Page 94 already, and admitted so much de∣lay, that we may not admit of any more. If it were proper for us, we should heare you very freely, not decline to hear the most that you could speak to the greatest ad∣vantage for your self, whether it were totally, or but in part excu∣sing those great & hainous char∣ges which are laid upon you. But I shall trouble you no longer, your sins are of so large a dimention, that if you do but seriously think of them, they will drive you into a sad consideration; and we wish that they may improve in you a sad and serious repentance. And it is the desire of the Court, that you may be so penitent for what you have done a misse, that God may at least, have mercy on your better part. As for the other, it is our part and duties, to doe that which the law prescribeth, we Page 95 are not now here jus dare, but jus dicere; we cannot be unm•ndfull of what the word of God tels us. To acquit the guilty, is of an e∣qual abomination, as to con∣demn the Innocent; we may not acquit the guilty, what sentence the law pronounceth to a traytor, a tyrant, a murtherer, and a pub∣like enemy to the Country, that sentence you are now to hear read unto you, and that is the Sen∣tence of the Court.
Hereupon the Lord President commanded the Sentence to be read; Whereupon M. King, who was Cryer of the Court, having commanded silence by his Oyes, the Clerk read the sentence, which was drawn up in Parchment, and did run in these words.
Whereas the Commons of Eng∣land in Parliament, had appointed them an high Court of Justice for the Page 96 tryall of Charls Stuart King of Eng∣land, before whom he had been three times convented, and at the first time, a Charge of High Treason and other Crimes and Misdemeanors was read in the behalf of the Kingdome of England; which Charge fol∣loweth in these words:
This Charge being read (said the Clerk) Charls Stuart was re∣quired to give his answer, which he refused to do, but expressed these passages, and many more such as these are, in refusing to answer.
The Clerk (having repeated many passages, during the time of his triall, in which the King shew∣ed an aversenesse to acknowledge the Court) did proceed to read the Sentence, which was in these words.
For all which Treasons and Crimes, this Court doth adjudge, Page 97 That the said Charls Stuart as a Tyrant, Traytor, Murtherer, and a publick Enemy, shall be put to death, by severing his Head from his Body.
This Sentence being read, the Lord President said; This Sen∣tence now read and published, is the Act, Sentence, Judgement, and resolution of the whole Court.
Hereupon, the Court stood up, as assenting to what the President said.
Will you hear me one word Sir?
Sir, you are not to be heard after the Sentence.
No Sir, By your fa∣vour Sir,— Guard withdraw your Prisonner?
I may speak after the sen∣tence — By your favour Sir, I may speak after Sentence ever. The Guard drawing to him, he Page 98 said unto them; by your favour hold: and turning to the Presi∣dent, he said; the Sentence Sir,— I say Sir, I do — but being not permitted to proceed, he said, I am not suffered to speak, ex∣pect what Justice other people will have.
All manner of persons that have any thing else to do, are to depart at this time, and to give their attendance in the Painted Chamber, to which place this Court doth forthwith adjourn it self.
Then the Court arose, and the Kings guard did bring him to Sir Robert Cottons house, and he was afterwards conducted to Saint Jameses.
The names of those who were present at that High Court of Justice, when the Sentence of Death was pronounced a∣gainst Charls the first Monarck of great Brittain.
- SErjeant Bradshaw President.
- John Lisle.
- William Gray.
- Ol. Cromwell L. G.
- Comissary Gen. Ireton.
- Sir Hardres Waller.
- Colonel Harrison.
- Colonel Haley.
- Colonel Pride.
- Col. Ewer.
- Lord Gray of Groby.
- Sir John Danvers.
- S. Thomas Malleneret.
- Sir John Bourchier.
- William Heavningham
- Alderman Pennington
- Henry Martin.
- Col. Purefoy.
- Col. Berkstead.
- Col. Thomlinson.
- Mr. Blakston.
- Mr. Millington.
- Sir Gregory Norton.
- Col. Harvey.
- Col. Ven.
- Mr. Scot.
- Alderman Andrews.
- Mr. Cawley.
- Mr. Burrel.
- Col. Stapeley.
- Col. Domnes.
- Mr. Norton.
- L.S. Hammon.
- Mr. Love.
- Mr. Potter.
- Mr. Garland.
- Sir William Constable.
- Page 100Col. Ludlow.
- Col. Hutchinson.
- Sir Miles Livesey.
- Mr. Dixwell.
- Colonel Fleetwood of Bucks.
- Mr. Main.
- Jacob Temple.
- Mr. Blagrave.
- Col. White.
- Col. Titchburn.
- Col. Rout.
- Col. Scroop.
- Col. Lilburn.
- Col. Dean.
- Col. Okey.
- Col. Hewsen.
- L. Col. Goff.
- Cornelius Holland.
- Mr. Carew.
- John Joanes.
- Miles Corbet.
- Mr. Allen.
- Peregrine Pelham.
- Col. Moors.
- Mr. Eldicer.
- Mr. Smith.
- Mr. Edwards.
- Mr. Clement.
- Col. Wogan, &c.
His Majesties Reasons. Against the pretended Jurisdiction of the High Court of Justice, which he had intended to have given there on MondayJan. 22. 1649. Faithfully transcribed from the ori∣ginall Copy of the King.
SInce I have already made my Protestation, not onely against the illegality of this pretended Court, but that no power on earth, can justly call me (who am your King) into question as a De∣linquent. I would no longer have opened my mouth on this Argu∣ment, but have referred my self to those things which I then spoke, if this onely concerned my own particular; But the du∣ty which I ow to God, to preserve the true liberty of my people Page 102 doth not permit me at this time, I should be silent; for how can any free born Subject of England call his life or any thing he doth pos∣sess his own, if power without law can daily make new, and abrogate the old and Fundamental Laws of this Land, which I judge to be the present case? Wherefore when I was brought hither, I expected that you would have studied to satisfy me in these Fundamentalls which do hinder me from putting in my Answer to the pretended charge, but since I do observe, that nothing which I can alledge can perswade you to it (although negatives are not so naturally proved, as affirmatives) yet I have thought good to declare unto you the Reasons for which I am confident, you are not in a capa∣city to judge me, nor the vilest man in England, for without Page 103 showing my Reasons, I will not (as you) be so unreasonably im∣portunate, as to exact either be∣lief or obedience from my Sub∣jects.
Here was I restrained, and not suffered to speak any more of Reasons, there is no just processe against any man, which deriveth not its authority, either from the Law of God, or from the muni∣cipall Laws of the Land.
Now I am most sure, that the Processe at this day made against me, cannot be confirmed by the law of God; for on the contrary the necessity of obedience is clearly confirmed, and streightly commanded in the old and new Testament; which if it be denyed, I am prepared presently to prove it; and as for the question now in agitation, it is said there, Where the word of a King is, there is power, Page 104 and who can say unto him, what doest thou? Eccles. 8. v. 4. Then as to the laws of the land, I am as confident that no learned law∣yer will affirm, that any charge can be brought against the King, since they all go forth under his name, and it is one of their axi∣oms, that the King can not do an injury. Moreover the law on which you do ground your pro∣cesse, is either old or new, if it be old, shew that law unto me, if it be new, tell me what Autho∣rity established by the Funda∣mentall laws of this land did give it birth and when? but how the House of Commons can erect a Tribunall of Justice, which was never one it self (as all lawyers will confesse with me) I leave it to God and to the world to judge; and it will seem most strange to any who ever have Page 105 heard of the laws of England, how they can pretend to make laws without either the King, or the House of Peeres.
Neverthelesse it be admitted, but not granted, that a commissi∣on from the people of England, is able to confirm your pretended power, yet I see nothing that you can show for it for I am confident that you never asked that questiō of the 10th man in the kingdom; & in this method you do a most ap∣parent injury, even to the poorest ploughman, if you ask not his consent, neither can you pretend any colour to this your pretended Commission, if you have not the concurring voyces of at least the greatest part of this Nation, of every degree and quality, which you are so far from obtaining, that I am confident you never so much as sought it.
Page 106You see then, that I do not onely speak for my own Right, as I am your King, but also for the true liberty of all my subjects, which consisteth not in dividing the power of Government, but in living under such laws, and such a Government, as may grant them the best security of their lives, and the propriety of their goods. In this I ought not to be forgetfull, neither do I forget the priviledges of both Houses of parliament, which these procee∣dings do not onely violate, but give an occasion of the greatest breaking of the publick faith; and such (I believe) as the like was ne∣ver heard of before, with which I will not at all, charge both Hou∣ses, for the pretended crimes which they impose upon me, are far before the Treaty at Newport, in which when I assented to, and Page 107 did conclude as much as possibly lay in my power, and did justly expect the assent of both Houses, I was suddenly taken from thence and carried away as a prisoner, and against my will, I was hurried hither; and since I came to this court, I cannot with all my In∣deavours, defend the ancient laws and liberties of this King∣dome, together with my just pri∣viledges, and as much as I can pos∣sibly discern the upper House, which is the House of Lords, is totally excluded.
And as for the House of Com∣mons, it is too much known, that the greater part of them are either imprisoned, or affrighted from sitting, so that if I had no other Cause, this was sufficient enough to make me to protest against the authority of your pretended tri∣bunall. Besides all these things, Page 108 the peace of the Kingdome, is not the least part of my cares, and what hope can there be of esta∣blishing it, as long as power reign∣eth without the Rule of the Law, changing the whole frame of the Government under which this Kingdome hath flourished these many ages; neither will I speak what is likely to follow, if these unlawfull proceedings shall yet continue against me; for I believe the Commons of England, will give you no thanks for this change, especially, when they shall call into their minds, how happily they heretofore have li∣ved in the Reigns of Queen Elisa∣beth, and of the King my Father, and in my own Reign before the beginning of these unhappy tu∣mults; and they will have a just cause to doubt, if they shall be so happy in any new Govern∣ment.
Page 109In that time it will most evi∣dently appear that I onely took up Arms to defend the Funda∣mentall Laws of this Kingdome against those who opposed my power, and totally would have subverted the ancient Govern∣ment.
Having so briefly declared my Reasons to you, for which I could not submit to your pretended Authority, without violation of the Trust which God hath com∣mitted to me for the safety and liberty of my people. I expect from you either clearer Reasons to convince my Judgement, by demonstrating to me that I am in an Error, (and then surely, I shall be ready to give you an Answer) or else, that you suspend your present proceedings.
This I had determined to have spoken in Westminster Hall on Page 110Monday, the two and twentieth of January, but against Reason I was prohibited to pronounce my Reasons.
In the year 1648. English style. 1649. vulgar style.
The Speech of King Charls upon the Scaffold at the gate of White Hall; immediately before the execution. January 30.
ABout ten in the morning, the King was brought from Saint Jameses Court, he did walk on foot through the Park, with a Regiment of Foot, one half before him, and the other behind him, their Colours flying, and their Drums beating, his private guard of Partisan with some of his Gentlemen did go immediately bare headed before him, and some part of them behind him; but those who were next of all unto him behinde, were Dr. Juxon and Colonel Thomlinson, to the last of whom the care and charge of his Person was committed, these two being barehead did talk with him all along the Park, and as you go Page 112 up the stairs into the Gallery, and so into the Cabanet chamber, where he used to lye, in which place, he continued at his Devo∣tion and refused to dine, because he that morning had taken the Sacrament, onely about one hour before he came forth he drank a Glasse of Claret wine, and did eat a crust of bread about twelve of the clock at Noon.
From thence he was accompa∣nied by Doctor Juxon, Col. Thom∣linson, and other Officers former∣ly appointed to be his Guard, and with the private Guard of Parti∣zans, with musquetiers on either side, through the banquetting house, at the farther end, on the outside whereof the Scaffold was erected, near unto the Gate of White Hall. The Scaffold was hung round with black, and the floore was covered with black, & the ax Page 113 and the Block laid on the middle of the Scaffold. There were se∣verall Companies of Foot, and Troops of Horse placed on the one side of the Scaffold, and the other, and multitudes of people that thronged to see so rare a spe∣ctacle were very great.
The King was no sooner come upon the Scaffold, but he looked very earnestly on the Block, and asked Col. Hacker, if there were no higher, and then spake thus, di∣recting his speech chiefly to Co∣lonel Thomlinson.
I Shall be very little heard by any of the people, I shall therefore speak a word or two to you who are here. Indeed I could hold my peace very well, if I did not think that my silence would make some men think, that I did submit to the guilt, as well as to the punishment; but I conceive it is my duty, First unto Page 114 God, and afterwards to my Coun∣trey, to vindicate my self, as an ho∣nest man, a good King, and a good Christian.
I shall begin first with my Inno∣cency; Introth I think it not very needfull for me to insist long upon this, for all the world knows that I never did begin Warre with the two Houses of Parliament, and I call God to witnesse, to whom I must shortly make my account, that I never did intend to incroach upon their privi∣ledges: they began with me, It was the Militia they began upon, they confessed that the Militia was mine, but they thought it fit to have it from me, and to be short if any man will look to the Dates of Commissi∣ons, of their Commissions ormine; and likewise to the Declarati∣ons, will finde clearly, that they be∣gan those unhappy troubles, not I; so that as for the guilt of these enor∣mous Page 115 crimes, which are laid upon me, I hope in God, that God will clear me of them.
I am in charity, I will not, and God forbid that I should lay it upon the two-Houses of Parliament, there is no necessity of either; I hope they are free from the Guilt, for I do be∣lieve that evill instruments between them and me have been the chief cause of all this bloodshed, so that by way of speaking, as I find my self clear of this, I hope, and I pray God, that they may too; yet for all this, God forbid, that I should be so ill a Christian, as not to say that Gods judgements are just upon me. Many times he does inflict Justice by an unjust Sentence; this is ordina∣ry; I will onely say, that an unjust Sentence, * That I suffered to take effect, is punished now by an unjust Sentence upon my self. This is to shew you, (as I have said) how far I Page 116 am an innocent man.
Now for to show you, that I am a good Christian, I hope there is a good man*, who will bear witnesse with me, that I have forgiven all the world, and even those in parti∣cular, who have been the chief cau∣sers of my Death; who they are, God knows. I do not desire to know, I pray God forgive them: But this is not all, my Charity must go further, I wish that they may repent; for in∣deed, they have committed a great sin in that particular; I pray God with Saint Stephen that this be not laid to their charge; nay, not onely so, but that they may take the right way to the peace of the Kingdome; for my charity commands me, not onely to forgive particular men, but my charity commands me to inde∣vour to the last gasp the peace of the Kingdome. This Sirs, I do wish with all my Soul, and I do hope, Page 117 (there are some * who will carry it further) that they may indeavour the peace of the Kingdome.
Now Sirs, I must show you both how you are out of the way, and I will put you into a way: First, you are out of the way; for certainly, all the way in which as yet you have gone, as I could ever find out by any thing, is in the way of conquest; cer∣tainly this is an ill way, for conquest Sirs, in my opinion, is never just, except there be a good, just cause, ei∣ther for matter of wrong, or to de∣fend a just Title, and if in the pro∣secution of the quarrell, you shall go beyond this, it will make that un∣just at the end, which was just at the beginning. But if it be onely matter of conquest, therein it is a great robbery, as a pirate said to Alexander, that he was a great rob∣ber, and that he himself was but a petty robber: and thus Sirs, I do Page 118 think, that the way you are in, is much out of the way; Now Sirs, for to put you in the way, believe it, you will never do right, nor will God ever prosper you, untill you give God his due, and the King his due, that is, in their course of time, my Suc∣cessors, and untill you give the peo∣ple their due; I am as much for them as any of you are. You must give God his due, by regulating a∣right his Church according to his Scripture; your church is now out of order, for to set you particularly in a way now, I cannot, but onely by a Synod of the whole Nation, who being freely called, and freely deba∣ting amongst themselves, may by Gods blessing settle the Ghurch, when every opinion is freely and clearly discussed.
For the King indeed, I will not much insist—Then turning to a Gentleman whose cloak he obser∣ved Page 119 to touch the edge of the Ax, he said unto him, Hurt not the Ax, meaning by blunting the the edge thereof, for that he said might hurt him. Having made this short digression, he procee∣ded; For the King, the laws of the land will clearly instruct you, what you have to do; but because it con∣cerns my own particular, I onely do give you but a touch of it.
As for the People, truly I desire their liberty and freedome, as much as any whosoever; but I must tell you, that their liberty and freedome consists in having of government by those laws, by which their lives, and their goods may be most their own. It is not for them to have a share in Government, that is nothing Sirs, appertaining unto them. A Sub∣ject and a Sovereign are clean diffe∣rent things; and therefore untill that be done, I mean, untill the peo∣ple Page 120 be put into that liberty, which I speak of; certainly they will never enjoy themselves.
Sirs, It was for this that now I am come here; If I would have given way to an arbitrary power to have all laws changed according to the power of the sword; I needed not to have come hither, and therefore I tell you, and I pray God that it be not laid to your charge, that I am the mar∣tyr of the people.
In troth Sirs, I shall not hold you much longer, I shal onely say this un∣to you, that in truth, I could have desired some little longer time, be∣cause I had a desire to put this, that I have said into a little more order, and to have a little better digested it than I have now done; and there∣fore, I hope you will excuse me.
I have delivered my conscience, I pray God that you do take those courses, that are most for the good of Page 121 the Kingdome, and your own salva∣tions.
Will your Majesty although the affection of your Majesty to Religion is very well known; yet to satisfie expecta∣tion, be pleased to speak some∣thing for the satisfaction of the world.
I thank you very heartily (my Lord) because I had almost for∣gotten it. In troth Sirs, my Consci∣ence in Religion, I think is already very well known to all the world; and therefore I declare before you all, that I die a Christian, according to the profession of the Church of Eng∣land, as I found it left by my Father; and this honest man*I think will witnesse it. Then turning to the Offi∣cers he said; Sirs, excuse me for this same, I have a good cause, and I have a gratious God, I will say no more. Then turning to Colonel Page 122Hacker he said. Take care they do not put me to pain, and Sir this if it please you; but then a Gen∣tleman, one Mr. Clerk, comming neer the Ax, the King said, take heed of the Ax, pray take heed of the Ax: Then the King turning to the Executioner, said, I shall say but very short prayers, and when I stretch forth my hands — Then the King called to Doctor Juxon for his Night-cap, and ha∣ving put it on, he said to the Exe∣cutioner: Will my hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the assistance of the Executioner and the Bi∣shop; the King then turning to Doctor Juxon said, I have a good Cause and a gracious God on my side.
There is but one stage more, This stage is turbulent Page 123 indeed and troublesome, but ve∣ry short, and which in an instant will lead you a most long way from earth to Heaven, where you shall find great Joy and Solace.
I go from a corruptible to an incorruptible Crown, where can be no trouble, none at all.
You shall ex∣change a temporall Crown for an eternall one, it is a good change.
The King then said unto the Executioner, Is my hair as it should be? He then did put off his cloak, and his George, which he gave to Doctour Juxon, saying, Re∣member*. He immediately after∣wards, did put off his Doublet, and did put on his cloak again, and looking on the Block, he said unto the Exkcutioner, you should make it to be steddie.
It is so.
It might have been some∣thing higher.
It cannot be made higher now.
When I shall stretch forth my hands in this manner, then—
After that, when standing, he had spoke two or three words unto himself, with his hands, and eyes lifted up towards Heaven, immediately stooping down, he laid his neck upon the Block, and when the Executioner had again put all his hair under his cap. The King said, Stay till I give the Sign.
So I do, if it please your Majesty; and after a very little respite, the King did stretch forth his hands, and immediate∣ly the Executioner at one blow did sever his head from his Body.
The present Warre parralel'd. Or A brief Relation of the five years Civil Warres of Henry the the third, King of England, with the event and issue of that unnaturall War, and by what course the Kingdome was then settled again.
HEnry the third of of that Name, (a man more pi∣ous than prudent a better man than King) swayed the Scepter of this Kingdome 56. years. The former part of his Reign was Page 2 very calm, the latter as tem∣pestuous.
The main Tempest was thus raised, the King for many years during that high calm, had se∣questered himself wholly to his harmlesse sports and recre∣ations, and intrusted the whole managery of the State to his officers & Ministers. These ta∣king advantage of his Maje∣sties carelesnesse (the main fault of this King) insensibly suck'd and drained the Reve∣nues of Crown and King∣dome; till the King awaken∣ed by extream necessity, began to enquire, not how he came in (for his necessities would not permit that) but how he might get out.
The best way that his evil Counsellours could find to re∣lieve their Master and save Page 3 themselves, was (the ordinary way of supply in Parliament declined, to have recourse to Monopolies, Patents, and o∣ther extraordinary and illegal Taxations. But (praeter natu∣rall courses are never long-li∣ved) the free born English would not long endure such slavery.
When the King saw there was no other remedy, he throws himself into the bo∣some of his people for relief and advise in * Parliament * where they undutifully ta∣king advantage of his Maje∣sties extremities, in stead of relief outbrave him publickly, with a * Catalogue of all the mistakes, and all the misfor∣tunes of his former govern∣ment; which coming to the peoples ears soon stole away Page 4 their hearts, and alienated their affections from their Soveraign, and left him wholly to the mercy and will of his Parliament. They sensible hereof, and that the reins of Government were now cast upon their necks, (like Apollo's Horses, when Phaeton had the driving of them) ran violent by courses, till they set the whole Kingdome on fire.
*So far they went, as to make an Ordinance, That whereas there was a present want of a through Reformation in the State, the Government whereof should be put into the hands of four and twenty, Qui Regia potestate suffulti, who being armed with Soveraign power, should take upon them the whole care and Government of the Kingdome, should nominate and Page 5 appoint the Chancellour, Treasurer, Chief Justices, Governours of Forts, Castles, and Navie, and all other great Officers and Ministers of State for all times to come.
To this traiterous Ordinance, the King, Metu incarcerationis perpetuae compulsus est consentire,* for fear of perpetuall imprison∣ment, was inforced to give his Royall assent: and for further security, to be content to give it under the great Seal, and upon Oath, that whensoever he at∣tempted to assume unto him his Regall Power, Liceat omnibus de Regno nostro contra nos insurgere,*& ad gravamen nostram opem & operam dare, ac si nobis in nullo tenerentur. It should be lawfull for all his Subjects to rise against and oppose him, as if they owed no allegiance to him.
Strange it is, that he should be Page 6 content to be a meer Cipher,* that so lately was the onely Figure of the whole Kingdome, that he should be content to part with at once with every tittle of Sove∣raignty, but the bare title! but prodigious, that so many choice Senators, so many Fathers and Judges of Law, and conscience, should so forget God and them∣selves, as to give their assent for the totall subverting of the Re∣gall authority, when as they had all taken their corporall oathes, De terreno honore dicto Regi & hae∣redibus ejus servando.* Which Oath was well kept (saith mine Authour) Ordinando ne unquam regerent, sed semper ab aliis rege∣rentur: by making an Ordi∣nance that they should never rule again, but alwayes be ruled by others.
These four and twentie thus Page 7 setled,* continue the Parliament during their pleasure, put the Kingdome in a posture of De∣fence, place Governours of their own choosing, Such as they could confide in, in the chief Forts, nominate and appoint Judges of Assize, Sheriffes of Counties, Coroners, Bailiffe (discharging those that were made by the King) Took an Oath of them all respectively.
And here they would make the people believe they should never be troubled with licenti∣ous Soveraigntie again; (but never more as it proved:) for now every one of them began to value his own worth, and to hammer his head on every de∣sign, that might enlarge his own power and command. In brief of so many subjects they became totidem tyranni, as the book of Page 8 Saint Albanes speaks) so many Tyrants, and for one bad King before, they have four and twen∣tie worse.
But England (like old Rome) cannot long endure more Kings than one: great faction and deadly feud arose between the chiefest of them; which the rest taking into consideration, and perceiving that by so many heads, not onely Monarchy was dissolved, but faction and de∣bate every day increased upon them, so wrought, that all, but five, agreed that the foresaid Ordinance should be repealed, and the King restored to his pri∣stine power.
But those five Members stifly oppose this agreement, and for the maintenance of their cause, trahunt multos pseudo prophetas, lupos in ovium vestimentis, qui Page 9 contra Christi Vicaraos,*& Christū Domini Regē ipsum murmurant, non ut spiritus sanctus eloqui; sed ut superioris potestatis contemptores obloqui dabant: they drew to their side many lying Ministers (Wolves in the sheeps clothing) who murmure and speak evil a∣gainst the Lords anointed, not as the Holy spirit gave them utter∣ance, but as the despiser of digni∣ties gave them their Lessons.
These Incendiaries by their sheeps clothing (a fair conversa∣tiō) drew the people every where to side with them against the K. and those that wisht the King his former power. Which the King perceiving, and how the multi∣tude grew every day more and more tumultuous,* (for all things were now carried by tu∣mults) was advised by his Privy Page 10 Councel to withdraw himself (lest His person might be endan∣gered) from the Parliament (then held at Westminster) to His Ca∣stle of Windsore.
After some contestation at this distance, it was agreed upon by the King and his adherents, and the five members and their adhe∣rents, that the difference should be referred to the French Kings arbitrement. * The King of France upon the day of hearing, gave sentence that the said Ordi∣nance, whereby the King was deprived of his Regall power, should be made null.
The five members and their complices seeing this, (notwith∣standing they had bound them∣selves by oath to stand to his a∣ward) flew off, and resolving to have their own wills, drew into arms, made choice of the Earl of Page 11Leicester for their General (& for their own private interest, pre∣tending the publick good) drew the greatest part of the Kingdom after them, * so easie it is to draw the fickle multitude to the wrong side) crying every where at first, Liberty and Religion, though towards the end of the warre not a word of either.
By their fair pretences, they gained so farre upon the Londo∣ners,* that they generally enter into a Covenant to assist the Earl: For which purpose (besides a new Major or Bailiffe) they choose two Commanders, Thomas Pywelsden and Stephen Buckerell, at whose command, by the towl∣ing of Saint Pauls great Bell, they were to be in armes upon any occasion. Their first exploit was a march to Isleworth in a tumul∣tuous manner, where they plun∣dered Page 12 and fired the Kings bro∣thers Mannour house.
The Earls Army by this time on their march, plundered all that were disaffected to their cause and proceedings, and im∣prisoned them: * especially those that stood any way affected to the Queen: for they all (but most of all the Londoners) were most maliciously bent against her; inso∣much that as she was passing the Thames near the bridge,* a rude rabble of the City got together on the bridge, and with confused yellings cryed, Drown the witch, &c. and by throwing dirt and stones at her, drave her back: which impious affront was pun∣ctually remembred in the first fight; as you shall hear anon:
Besides this main armie under the Earl of Leicester,* they had an∣other armie under the command Page 13 of the Lord Ferrers, of (whom descended the late Lord of Essex) who behaved himself insolently towards the King, in destroying his Parks as he marcht, &c. which in the conclusion cost him dear; yet to delude the people, the main army bore before them the Kings arms, and to shew they were for the King, when they had displaced the old Governors of the Kings Castles and Forts, and placed in such as they could confide in, they gave them an Oath to be true to the King, and to keep those Holds to the use and benefit of the King and State; yet when the King deman∣ded entrance at one of his Forts,* wherein they had placed a Go∣vernour, he was kept out.
At Sea the Barons of the Cinque-ports seised the Kings ships, took great Prizes, but they Page 14 that sate at the Stern upon Land shared in those Prizes as the fame then went.
By this time the King began to rouze himself, and finding nothing now left him, but a good Cause and the hearts of his wi∣ser subjects, yet by that and these, and the assistance of his Brother Richard, King of the Romanes, in a short space he had raised a considerable Army. (A King can never be so down, but he will rise again) with these he marcht (and like a snow-ball encreased by motion) plundering the Rebels lands as he went to Northampton, which was fortified against him by some of the chiefest of the Rebels; yet by a furious assault he soon gained it.
Thence continuing his march into Sussex, near Lewes, he recei∣ved a Message from the Earl, the Page 51 tenor wherof was, That as for his Majesty they intended no harm against him, but onely desired that he would remove his evil Counsellours that did advise his Majesty against them, against the honour of the King, and welfare of the Kingdome. The King in his Answer charges them with Rebellion and disloyalty, and commands them to lay down their arms, and to return to their obedience, that they might be received to mercy: but the Earl rejecting the offer (* when Sub∣jects have once broken their fe∣altie and trust to their Soveraign they never dare trust their So∣veraign again) resolves to give the King battel.
Near Lewes both Armies meet: One wing of the Earls Army was made up of London troops, which the Prince being then Page 16 Generall of the Kings horse, ob∣serving, and remembring, (not without indignation) the abuse offered by the Londoners to the Queen his Mother, he claps spurs to his horse, and all his Cavalry after him,* crying, [Here, here, (my brave Cavaliers) are the main contrivers of all Rebellions and mischief; Now, now, if ever charge home,] and so fell on with that fury, that they presently flie: the Prince in an eager and hot pursuit does great execution up∣on them for four miles. But this prosperous beginning of the fight on the Kings side was the utter overthrow of the Kings forces: for when the Earl per∣ceived that the Prince (a young fiery spirit) with all the Kings horse was gone so far in pursuit of the Londoners, he fell violently on the Kings foot & soon routed Page 17 them; took the King (his horse being slain under him) prisoner. The Prince at length retreating, (when he saw all lost) surrender∣ed himself. There were taken in this fight (besides those royall prisoners, the King, the Prince, the Kings brother, and his eldest Sonne) above twenty Noble∣men that were for the King; and slain about * 3400.
The Earl having thus gotten a compleat victory, forth with en∣deavours to seise all the Militia,* and power of the Kingdome, for which end he carries the King a∣bout with him to countenance his actions; but the rest of the royall prisoners he disposes in se∣verall Garisons.
And now the Earl believes all his own, and the people dream of nothing but Peace, but alas the warre was not begun till now: Page 18 For when the torn remainder of the loyall army that escaped at Lewes, now keeping Garison in Bristow, and other noble spirits saw how insolently the Earl dealt with his and their Sove∣raign, in barring him of his li∣berty, &c. They soon raised a considerable power under the command of Roger Mortimer Earl of March: unto whom many flockt out of Shropshire, Cheshire Herefordshire, and Worcester, that were well affected to the King.
Moreover the Queen (who was a French woman) got over beyond Sea, to try her friends for their asistance to restore her husband to his former liberty and authority, Quod ad laudem & magnificentiam Aelionorae An∣glorum Reginae libet intexere (saith one of that age) quod Domino suo, & Edvardo filio tam strenuè Page 19 & tam viriliter tanquam virago potentissima succurrendis fortiter insudaverit.
But before these Forces were well united, the Rebels Forces were as well divided: for debate arising, (as is usuall in all confe∣derations, where all parties must be pleased, or else the knot will dissolve) between his Excellen∣cy the Earl of Leicester and the Earl of Glocester, because his Excellency, minding his own private, more than the publick good of his fellow Rebels (with∣out any respect had to his adju∣tants) ingrosses all to himself, disposes of the royall prisoners at his own pleasure, seised on the revenues of the Crown, and com∣position of dilinquents for his own use, (whereas they had pri∣vately agreed before, Ea omnia aequâ sorte inter eos dividenda fore) Page 20 In brief, he shared all places of power and profit between him∣self, his sonnes and his allies. Whereat Glocester, (as good a man as he) stomackt and fell off with his followers to the Prince, who by this time (disponente Domino clavigero carcerum, every thing working for the King) had made his escape out of prison at Hereford: (for being allowed by his keepers to aire himself some∣times on horse back in the town Meadow, after he had tyred two or three, at length he mounts a speciall flight Nag, and putting spurs Custodibus valedixit) and came safe to Wigmore Castle, where the Lord Mortimer lay with his Forces raised for the King, so marcht on with a great prwer, taking in (as they went) some strong Garisons of the Re∣bels, plundered their houses, Page 21 drave their Cattell, &c.
Here the war grew hot, each side fortifying towns, plunder∣ing and driving all round about to store the Garisons: Mens hou∣ses (which were wont to be their own Castles) were now made Ca∣stles, but the owners were least masters; all left to the mercy of the rude souldier, the poor Countreymans dwelling house, pillaged every where and searcht, *usque ad lectorum stra∣mentum, to the very bedstraw: nor onely mens houses, but even Gods houses, the very Churches were not free from the prophane hands of plunderers; the high∣wayes lay unoccupied, no pas∣sing from Town to Town with∣out danger of robbing.
When the Prince, the Earl of Glocester, the Earl of March, with the reliques of the Royall Ar∣my Page 22 were united and well order∣ed, they resolved to give his Ex∣cellency (the Earl of Leicester) battel: At Evesham in Worcester∣shire, by a speedy and unexpect∣ed march they came upon him. The Earl seeing himself engaged to fight, gave order that his own coat-armour should be put upon the King, who was then a pri∣soner in the Army, and that the King for the safety of his per∣son forsooth) should be placed in the front of the battel, that so if the battel went against him, the King might be aimed at as Generall, and his Excellency thereby make his escape. But the King at the first Charge called out to the loyall Army, that he was their King, and so was pre∣served; yet not without the losse of some of his own, (being wounded by a javelin) as well as Page 23 his subjects blood: the battel was very violent, and went sore against the Rebels; at length the Earl himself (the head of this Rebellion) was cut off; at the in∣stant of whose death there hap∣ned such extraordinary light∣ning, and thick darknesse, that it struck a generall horrour and amazement into the hearts of the Rebels, as if the King of Kings would now at last visibly revenge the Kings quarrell, or as if they had seen Gods imme∣diate hand against them, as once against Corah, and the 250 As∣sembly men, Num. 16. v. 35. for the like rebellious practises.
In this signall Battel were slain (besides the Earl and his son) sixteen Lords and Knights, and about ten thousand more of the Rebells part.
The Earls Corps was strangely Page 24 (though not undeservedly) han∣dled by the people, who were so inraged against him, the chief actour and authour of their so much mischief and misery, that (in dispight of him) they lopt off his head, hands, feet, and privy members, and sent them (in scorn) for tokens to seve∣rall places; his body was buried in Evesham Church. Notwith∣standing this, there were many ignorant people (who had been by specious pretences abused, and seduced to that side) that were of opinion for a long time after, that he dyed a Martyr, be∣cause it was in defence of their holy (as they thought, but in∣deed impious) Covenant & Oath.
Two of the Earls sons were at the same fight taken prisones: not long after they made an es∣cape out of Prison, but cold not Page 25 escape Gods vengeance on Re∣bels; for in France, In miseriis dies suos finiverunt.
The Countesse being banish∣ed, died a Nunne in France. All the Earls Honours and Possessi∣ons were conferred upon Ed∣mond Earl of Lancaster, the Kings second son. And thus ended this great fiery Meter in a stench. Thus fell our English Cataline (as M. Cambden styles him) a man in shew fair and honest, but indeed, Vir pravo ingenio, & profundâ perfidiâ: of a perverse disposi∣tion and treacherous beyond any mans suspition; after his Soveraign had heaped upon him many high favours, as the Earl∣dome of Leicester, and that high and honourable office of Lord high Steward, and (to endear him the more had given him his own Sister in marriage: in token of Page 26 thankfulnesse, he doth his utmost endeavour to diminish the Kings known authority, to subject him to the wills of his Subjects, to pull down Monarchicall govern∣ment, and set up a factious Oli∣garchy, and all under that fair common pretence of restoring Religion to its purity, and the People to their liberty.
The K. thus happily, preserved & almost miraculously (all things considered) set at liberty; about a Month after calls a Parliament at Winchester, (no more at London, untill it was more loyall and lesse tumultuous) where by a full Convention it was enacted,*That all Statutes and Ordinances made by the former Parliament (called the wood or mad Parliament) should be repealed, and all writings and bonds then sealed by the King for observing the same, should Page 27 be cancelled and made void· That the City of London,* ob suam Re∣bellionem, for this her Rebellion should be deprived of all her ancient Priviledges and Liberties, and the Ringleaders of them, Iuxta volun∣tatem ipsius Regis plecti, to suffer such punishment as his Ma∣jestie was pleased to inflict: Et ditiores Civitatis in carcerem tru∣derentur (saith Matth. Westm.) Pro eo quod Simoni, in Regis con∣temptum, & etiam damnum Regni, fortiter adhaeserint: that the weal∣thier Citizens should be cast in Prison, because they had in con∣tempt of his Majestie, and great dammage and mischief of the Realme assisted the Earle. Fur∣thermore it was there enacted that all such as had favoured the Rebels (were they now in Pri∣son, or at large) should forfeit all their estates.
Page 28Afterward the King marcht with a great power to Windesore, re∣solving (as the fame then went) to destroy the whole City of London: many of the Rable and wild Commonars (saith Fabian) were as resolved to defend the City against him: but the wiser sort thought better to become humble Petitioners for their pa∣don of what was past, then to incense his Majestie any farther; and to that end drew up an hum∣ble Petition, and presented it to the King: but their late rebelli∣ous carriage had so farre provo∣ked his Majesties patience, that he would not so much as admit of their Petition, or hearken to any that endeavoured to mediate for them.
Hereupon they were advised to draw up an instrument or wri∣ting, whereby they should yield Page 29 themselves wholly, both bodies and goods to the Kings mercy, which was done accordingly, and sealed with the common Seal of the City.
His Majesty upon earnest suit unto him, accepted hereof, giving present expresse command, that all the chains and Posts, which they had placed at every street and lanes end, should be forth∣with carried to the Tower, and that the Mayor and fourty of the chief Citizens should repair unto him the next day, and confirm their said writing: this was done, and they all came accordingly; but (contrary to their expectati∣on, though not deserts) were all delivered into the custody of the Constable of Windesore Castle, and shut up there in a large Tower, where they had small chear, and worse lodging. The next day Page 30 toward night, all (but five where∣of the Mayor was one) had their enlargement. Those five their bodies and goods, were as a boon bestowed on the Prince, the rest were commanded to attend at Windesore for a long time after.
Sixty or seventy wealthy Citi∣zens with all their Land, Goods, and Chattels, did the King di∣pose to his houshold servant.
For the Government of this unruly City, the King appointed one O•hon a forreigner, or stran∣ger, first Constable of the Tower, and then Custos, or Warden of the City, to pull down their haughty spirits, and that his Peace for the future might be surely kept, he required the best mens sonnes in the City for Hostages, these he clapt up in the Tower, and cau∣sed them to be there kept at the cost and charges of their Parents.
Page 31Daily suit was made unto his Majesty for his Pardon and Fa∣vour, but in vain: then they petition the King to know his gracious pleasure, what Fine he would demand of the whole City, for their offences against him. The King at length signified unto them that the summe of fif∣ty thousand Marks should be their Fine. Whereto the Londo∣ners return this humble answer. They had been of late by this un∣happy War, so exceeding impo∣verished, that a summe so great, (as it was in those times) could not possibly be raised amongst them; wherfore they humbly be∣seeched his Princely compassion might be so far extended towards them, as to require and accept ac∣cording to their abilities. At length, after much suit and sub∣mission, and a Fine of twenty Page 32 thousand Marks, the King recei∣ved them to mercy, and sent them under his great Seal a generall Pardon (those onely excepted, whose Estates were already be∣stowed) granting and allowing, that their former Charter & anci∣ent Priviledges should be restored unto them, notwithstanding all the transgressions (they are the words of the Pardon) and Trespasses done to us, to our Queen, to our noble brother Richard King of Almain, and the Prince our first begotten sonne.
And here was the first pacifica∣tion betwixt the King and the Londoners, for whom we say thus much, That their foul Re∣bellion against their Soveraigne, was not more detestable, than their humble submission to their Soveraign was commendable. And therefore in the Ordinance, Page 33 called Dictum de Kenelworth, made for the settling of the King∣dome, we find them (notwith∣standing, all their disloyalty) commended, as shall be seen in the ensuing Story.
After the proud stomack of this City was brought down, and all tumultuous spirits quelled, the King calls his Parliament (in festo sancti Edvardi Regis) to Westmin∣ster, wherein those that aided and assisted the Earl, were all (excep∣ting the Londoners) attainted, and that all their Lands and Goods were forfeited.
But this sentence (though it was lesse than they deserved) yet was more than they would endure, and therefore the fire (that was not yet quencht, but smothered) breaks forth again. Some flie into the Isle of Ely, and fortifie that. Some into the Isle of Axholm in Page 34 Lincolnshire. Another party pos∣sesse themselves of Killingworth Castle. Another under the com∣mand of the Lord Ferrers in the Northern parts. And amongst others, one Adam Gurdon lived as an Outlaw in Hampshire (atum rarus aut nullus locus in Anglia fuit tutus, eò quod terra erat vespilioni∣bus plena. Now scarce any place in England free from plunderers.
To reduce these to obedience, the King undertakes Killingworth Castle. The Prince was sent against Adam Gurdon, Lord Ed∣mond, the Prince's brother, against those in Axholm; and Lord Henry King of Almains sonne, against the Lord bFerrers.
To the Rebells in Killingworth Castle the King sent first a graci∣ous Message, willing them to desist, and to return to their obe∣dience. But they contrary to all Page 35 Law of Arms, contrary to natural civility, cut off the Messengers hand, and sent him back with an uncivil answer. Then the King marcht to Killingworth, and sate down before it upon Midsummer Eve. During the siege (which lasted six moneths) Clerus & populus convocantur, & duodecim eliguntur de potentioribus Procerum, & prudentioribus Praelatorum, qui∣bus datur potestas ordinandi super Statutum exhaeredatorum, &c. The Clergie and Laity are assembled, and out of the chiefest of the Peerage, and wisest of the Prelates were chosen twelve, to whom power was given to pronounce sentence against the Rebels, and to settle the Peace of the King∣dome; they, first taking an Oath, de utilibus ordinandis, to decree nothing but what should be for the good of the common weale.
Page 36Then the people take a solemn oath, Quod dictum ipsorum invio∣labiliter observarent; that they would stand to their Decree, which to this day by our Lawyers is called, Dictum de Kenelworth; a severe; yet a good and wholsom course (without effusion of blood) to punish Rebellious Subjects.
The Decree was as followeth,
*In nomine sanctae & individuae Trinitatis, Amen. Ad honorem & gloriam Omnipotentis Dei Patris, & filii, Spiritus sancti, &c. Et ad hono∣rem & bonum prosperum & pacifi∣cum statū Christianissimi I rincipis Domini Henrici Regis Angliae illu∣stris. & totius Angliae Ecclesiae, Nos Wilielmus, &c. In English thus.
In the name of the holy and individuall Trinity Amen. For the honor and glory of Almighty God,* the Father, Son, and holy Ghost, &c. And for the honour, Page 37 prosperity, and peace of the most Christian Prince our Soveraign Lord Henry, the most Renowned King of England, and of the whole Church of England, We William Exon, William Bath and Wells, Hen∣ry Worcester and T. S. Davids, Bishops. Gilbert de Clare Earl of Glocester, Humphrey Earl of Here∣ford, Philip Basset, John Bailof, Robert Wallop, Alan de la Souch, Roger de Somerie, and Warren de Basinghorn, providing for the welfare of the Land, &c, have thought fit to order as followeth.
1. That the rebels be not wholly deprived of their estates, but shall have liberty to redeem their lands by Fines in manner following.
1. That those that were in the fight at Chester-field against our Soveraign Lord the King.
Item. All those that by force of arms impiously kept Northampton against the King.
Page 38Item, Those that gave the King battel at Lewes.
Item, Those that were taken prisoners at Kenelworth.
Item, Those that came to pil∣lage Winchester, or were elsewhere against the King, whom the King hath not pardoned.
Item, Those that gave the King battel at Evesham.
Item, All those that freely and voluntarily and without any compulsion, have contributed to the War against the K. or Prince
Item, The Officers and servants of the Earl of Leicester, that pillaged their neighbours, or were the cause of any murders, firings, or other enormities, that all these be fined five years Revenues of all their Estates respectively: and that if they pay down their Fines presently, they may enjoy their Lands presently: but if the land must be sold for the payment of Page 39 the Fine, he, on whom the King bestowed it, shall have the refusal, if he will give as much as any other. And if the originall own∣er will pay down the whole Fine, he shall have the whole Land; and likewise if he will pay the moity, or third part, he shall have the moity or thirds of the Land. And if at the end and term appointed, the owner doth not pay for the other moity, it shall be clearly theirs on whom the King was pleased to bestow it.
And assoon as any one hath paid down his whole Fine, such shall have liberty to let, or set, or sell his land within the prefixed time.
Those that have Woods and would willingly make sale of them for the payment of their Fines; He, on whom the King be∣stowed, and the originall owner shall have each one his Bailiffe to Page 40 see it sold: and those two Bailiffes shall (as fast as the money is made) pay it to whom the Fine was given by our Soveraign Lord the King: this payment must be made within three years at the farthest.
All Officers and Reformades that were known to be common plunderers, and made it their businesse to plunder, if such have no lands, but onely goods; they shall be fined one moity of all their goods, and shall find suffici∣ent sureties, that they shall keep the peace of our Soveraign Lord the King, for the time to come. They that have nothing shall be sworn upon the holy Gospel, and find sufficient sureties, that they will keep the Kings peace for the time forward, and shall make such satisfaction, and do such penance, as the holy Church shall censure, Page 41 excepting onely banished persons, who are wholly left to the will and pleasure of the King.
2. Moreover, as for Wards or young heirs, (that were in actual Rebellion against the King du∣ring their minority) their Guar∣dians shall pay their Fines, and the said Wards (when they come to age) shall pay back the same to their Guardians within two or three years, so that the Guar∣dians shall have the Wardship and their marriages (without disparagement) even till they be come to full age, and all Wards shall pay their Fines after the same manner as those of full age. Onely the Kings own Wards shall be in the hands of those, to whom the King shall give them untill they come to years, and then they shall pay down their Fines acord∣ing to the same manner as those Page 42 of full years; Provided alwayes that there be no waste made by the Guardians upon their estates; If there be, then the Guardians to be punished according to Law.
3. If any that were for the King before and since the battel at Lewes, be now fined for not as∣sisting the Prince (when he was raising arms to rescue his Father,) we leave him to the King to be censured or pardoned, as he shall think fit.
4. That there be no sale or waste made of any Woods by those on whom they were be∣stowed, unlesse the Fine be not paid within the time limited. Onely it is allowed that they cut so much as is necessary to keep the houses in reparations; and if they shall exceed this allowance, to be severely punished.
5. If any be thought to be dan∣gerous Page 43 persons, and that they are like to move sedition, and to re∣vive the Wars; let the King se∣cure their persons as he shall think fit, either by sending them into forrein parts for a time, or what other way shall be thought expe∣dient; provided alwayes, that if they be thereby hindered from paying their Fines, they shall not forfeit their estates.
6. That if any will not submit to this Ordinance, he be left to be censured at the King-Bench-Bar, before the Feast of St. Hillary next coming. All those that live in forrein parts shall find sureties (according to the Lawes and cu∣stomes of those States) to live peaceably, otherwise that they shall not be received in a peacea∣ble manner.
7. Whereas the Kings Majesty is engaged to many that served Page 44 him in his warres, and faithfully stuck to him, whom he hath not yet sufficiently rewarded, and some have been rewarded above their deserts, we desire that the King take speciall care, that out of Delinquents estates they may be all rewarded to the full, lest otherwise a new war should be occasioned.
8. That the Kings Majesty be graciously pleased to make choice of twelve able men that may be authorised to see all this punctu∣ally and faithfully performed, and that the Kings Majesty, his Heirs, or Successors take care that it be all firmly observed and maintained, and to inquire into, and regulate, and see duly execu∣ted, what shall be by the said twelve men ordered according to reason and equity.
9. That all farmers and renters Page 45 of lands that were against the King shall lose their farms for all the term or time of their leases, that are to come, provided that the landlords be no wayes endamma∣ged) and when the term of their leases are out, then to return to the landlords again.
10. As for Castles and Forts built by the Kings grant and al∣lowance upon any delinquents ground, contrary to the will of the said delinquent; We decree that (after the owner of that land hath paid his Fine, which must be within three years) for six years more the owner of that land shall pay such custome as was imposed by the King, or else accept of a reasonable exchange for the land.
11. All Lay-men who notori∣ously advanced the Earls designs, and assisted him, or his adherents, Attrahendo homines per mendacia Page 46 & falsitates parti Comitis & suo∣rum, & detrahendo parti Regis & filii sui, by drawing people through lies and falsities, either to the Earl and his party, or from the King and his party; it is or∣dained that they be fined as much as two years revenues of all their estates.
12. That all such as were pres∣sed; or out of fear went to the wars, but never fought against the King, or did any mischief; al∣so those that being not able to go themselves, yet by force and fear were compelled to contribute towards the Army against the K. or Prince or did any mischief also those that were enformed to be plunderers, or to aid and assist a∣ny plunder-masters, and yet did return to their habitation as soon as conveniently they could, be all left In misericordia Domini Regis.
Page 4713. That all those that witting∣ly bought any plundered goods, restore the value of the goods, and be in misericordia Domini Re∣gis; because they thereby have offended against the Law, and done contrary to the Kings ex∣presse command, set for half a year before.
14. That all those that at the Earls command went into North∣ampton, yet never gave the Re∣bels their assistance, or made any resistance, but assoon as they per∣ceived the King coming took Sanctuary (provided that this be attested by the oathes of good and lawfull men) likewise those that owed no suit or service to the Earl, and yet came upon his com∣mand, be all fined half a years re∣venue of every one respectively; but those that held of the Earl in Fee, let them be onely in Miseri∣cordia Domini Regis.
Page 4815. That impotent silly peo∣ple, and all such as did no mis∣chief, may enjoy their estates as formerly, and recover damma∣ges at the Kings Bench, against those that shall wrong them.
16. Those that accuse any of their fellow subjects out of ma∣lice, be punish'd at the Kings plea∣sure, and that his Majesty thence forward, do not easily give cre∣dit unto them. And we judge that they deserve the same punish∣ment as the accused, if the accu∣sation were true, provided that they lose not life, limbe, or estate.
17. That all such as are accused upon meer malice, may still en∣joy their estates, and recover dammage against their accusers in the Kings Bench, as abovesaid.
18. That all women injoy their own inheritances and dowries. but those lands that came by Page 33 their husbands, who have been against the King, shall be redeem∣ed by a fine; according as his Ma∣jesty shall impose upon them, &c.
19. That all such as are acquit∣ted (so it be by those that have authority to acquit them) remain and stand in such a condition as they are put into; and that all that have paid their Fines, shall not be responsible for dammages and trespasses committed by them upon those, against whom they fought in the time of the late troubles, but that all dam∣mages and trespasses be forgiven on both sides, provided that the Church may have her dues.
20. That because it may be of dangerous consequence, that any Castles should remain in the power of those, who were in a∣ctuall Rebellion against the King; We therefore decree and ordain, Page 34 that for the Castles of Hardley, Bytham, and Chertley, there be gi∣ven a reasonable exchange.
21. As for the Earl Simon Mon∣fort his Countesse, and his sons, we decree nothing, because our So∣veraign Lord the King hath re∣ferred them, and their offences to the King of France.
22. As for the City of London (taking notice, it seems of their humble Submission) we commend it, and do make this motion to our Soveraign Lord the King, that by the advise of his Privy Coun∣cel, he take order for reforming the state of the City, and settle their Lands, Revenues, Buildings, and Liberties, and that this Order be presently debated.
23. For the L Ferrers we decree, that he be fined seven years reve∣nues of all his estate.
24. That all that now keep Page 35Killingworth Castle be pardoned, except Henry Hastings, and those that had any hand in cutting off the Kings Messengers hand, all which shall be Fined seven years revenues, of all their estates, or else submit themselves to the Kings mercy.
25. That all men whatsoever endeavour to keep the peace of the Kingdome, that none pre∣sume to commit any outrages, fi∣rings, murders, robberies, or by a∣ny other means break the Peace. Which if any shall be so hardy, as not to observe, and be thereof lawfully convicted, let him have sentence according to the Laws of the Land.
26. Item. That all whom it may concern, take their oaths upon the holy Gospel of God, that they will never take any revenge, be accessory, or consenting to take 〈1 page duplicate〉Page 34〈1 page duplicate〉Page 35Page 36 any revenge, nor will suffer (as much as in them lies) that any revenge should be taken against any one for any injury suffered in the late times of trouble, and if any one shall presume to revenge himself, We decree that punish∣ment be inflicted upon him in the Kings Bench Court.
27. That the Holy Church re∣ceive full satisfaction from those that have injured her.
28. But if there be any that will not submit to this Ordinance, or refuse to be tryed by their Peers before our Soveraign Lord the King, let them forfeit their estates for ever. And if there be any that have gotten possession of the Re∣bels Lands, and were himself a Rebel, he is thereby uncapable of challenging any right to the Land, or to have any title to the fine by the Kings Majesties gift.
Page 3729. Whosoever will not sub∣mit to this Ordinance, let him be accounted a profest enemy to our Soveraign Lord the King, and to his sons, and to the whole Realm, and let all the Laity and Clergie (as far as the Canon Laws and Common Laws will reach) prose∣cute such an one as an enemy to the Peace of Church and State.
30. Lastly, that all those that are imprisoned or any way debar∣red of their liberty, upon reaso∣nable and competent security, shall have their inlargement, by putting in Sureties, or such other way as the King hath allowed.
Dated and set forth from the Camp before Kenelworth the last day of September,* in the year of our Lord God 1266. and of the Reign of the most renown∣ed King Henry the third, 51.
Thus endeth that famous Or∣dinance Page 38 called to this day, Dictum de Kenelworth; wherein are com∣prised the wisest rules that the wisest men of those times could possibly devise, to uphold, com∣pose and recover a tottering di∣stracted, dying Kingdome.
About two Moneths after the publication of this Ordinance, viz. upon Saint Thomas Eve, the Castle was delivered up, upon conditions (too good for those that had so barbarously used the Kings Messenger,* con∣temned the King, and impove∣rished the Countrey) to march away with their goods, & to un∣dergo no Fine for taking up arms.
This Castle had the K. bestowed upon the Earl of Leicester in frank marriage with his sister Aelionor; but when the Earl by his Rebelli∣on had forfeited, and the King had now won it, he gave it to his Page 39 own son Edmund Earl of Lancaster, who by this time had reduced the Isle of Axholm, and all those rude ignorant people, that flockt thither, pillaging and plundering the Kings friends round about.
The Prince also met with A∣dam Gurdon, a famous sturdy Re∣bell that lay lurking in Aulton Wood in Hamshire,* robbing and spoiling the adjacent parts, praeoi∣puè terras eorum qui parti Regiae ad∣haerebant; the Prince upon his approach, hearing of his valour, sent him a challenge for a single Combate. Gurdon accepts it, and performed it so Gallantly, that the Prince assured him of his life and estate, if he would submit: which he did, and was received into great favour with the Prince; but divers of his men were there executed.
But now the Isle of Ely was Page 40 strongly fortified by a great mul∣titude got together, that refused to submit to the Ordinance of Kenelworth. Upon the naturall strength of this Isle, and the plen∣ty of all provision therein, sediti∣ous Rebels have often presumed, and from hence have molested more Kings than one, as they did now the neighbouring Counties, robbing and pillaging Norfolk, Suffolk and Cambridgeshire, plun∣dering the City of Norwich, and carrying away the richest Citi∣zens, made them redeem them∣selves: at length a Message was sent unto them requiring them to submit to the Ordinance of Killingworth, to leave off robbing their fellow Subjects, and to re∣turn to their allegeance: Hereto they return this insolent answer, that they had taken up arms to de∣fend the good of Church and State, Page 57 and therefore ought to be re∣stored to their lands without paying any Fine. In brief they re∣quire Hostages into the Island, and that they might hold it five years peaceably, till they saw how the King would perform his pro∣mises, (perfidious Subjects ever suspect their Princes fidelity) which high insolency of theirs (unheard of till our times) so ex∣asperates the King, that he re∣solves to try the utmost, to reduce them to their obedience; for that purpose marches with a mighty army against them, the Prince also joyns with a considerable power; after many assaults, at length (after they had held it a∣bove two years) by the help of new made bridges and boats, they stormed it on every side, that they were forced to yield.
And now men thought that the Page 58 fire was quite out. But there were yet some live embers (which the Earl of Glocester upon some distast blowing) suddenly flamed out again in London, where the Com∣mons of the City forgetting their late punishment, and as men (saith mine authour) without dread of God or the King,* drew up in arms again, flock to the Earl of Gloce∣ster, plundered the well affected to the King, sequestered their e∣states, brake the prisons, chose a new Mayor and Sheriffes, made Bulwarks and Barbicans, and for∣tified the City wonderously, and were so confident of their strength and cause, that they durst bid the King battel, appointing Hounsloe-heath for the field.
The King by a speedy march came to the place at the time ap∣pointed; but they instead of meet∣ing his Majesty, ran about the city Page 59 in a tumultuous manner. Some to Westminster, and there plundered the Kings Palace, fenestras & ostia fregerunt, (saith M. Weston) vix manus à combustione totius Palatii cohibentes; brake the doores and windows, hardly forbearing to set it all on fire.
Then the King removed his Camp to the other side of the Ci∣ty, and had his head-quarters at Strafford, three miles off the City, the rest of the Army lay at Ham, a village hard by. The wiser Citi∣zens foreseeing the danger that hung over them, desired a Treaty with the King, whereunto, (though they were unworthy of so much clemency) His Majesty was graciously pleased to conde∣scend, and upon these easie terms, they were again received to mercy.
Imprimis, Salvo in omnibus dicto Page 60 Killingworthi, That the Ordi∣nance of Killingworth, should be razed, and the Trenches filled up; lastly, that one thousand marks dammages should be paid down to the Kings brother, for his Man∣nour of Isleworth, fired by them long before.
Also his Majesty for some years following chose the Mayor and Sheriffes himself: but toward the latter end of his Reign being ful∣ly reconciled, he restored them their (often forfeited) * privi∣ledges.
Thus after the Almighty (whose judgements are unsearchable) had suffered crafty seditious spirits, to seduce a whole Nation, to tram∣ple upon his Anointed, and to tread his Honour in the very dust for a time, yet at length all his enemies are cloathed with shame, and upon himself his Crown flourisheth again.
Page 61And now after this furious dreadfull Tempest, after so ma∣ny storms and showres of blood, began a joyfull long-expected Calm, which that they might en∣joy without any intervening of more storms, and for the better setling and quieting the King∣dome, the King gives expresse command for the razing of divers in-land Castles; as Farnham, &c. That so if another Rebellion should be begotten, it might no where find a nurse, and then it could not be long lived.
Also for the more quiet and se∣cure travelling of his Subjects, he appoints a Captain in every County, who with a Troop of Horse should alway assist the Sheriffe, for the taking and pu∣nishing all stragling reliques of the late Armies, and high-way robbers, wherewith the Kingdom Page 62 did abound at that time, no place free from them. In some places also, Ruricolae (saith Rishanger, the Countrey people would ge∣nerally rise against them (as a∣gainst Wolves or Bears;) and at one time, they took and kill'd fifty of them, that were got to∣gether near St. Albans in Hartford∣shire.
Besides the King Proclamari fe∣cit contra pacem Regni disturbantes set forth a Proclamation against all such as should any way disturb the quiet of the Realm, by plun∣dering or stealing, &c. And that if any man should presume to steal but a Cow or a Sheep, vel a∣liquid aliud (saith mine Authour) he should be surely put to death.
These were the petty devises of that age, to pump and drain the huge sink of the Kingdome: but the Staple policy was, by a Page 63 Forreign expedition (like a wide sluce) to let out all the filth at once: for which purpose there∣fore (among others) it was resol∣ved upon, that a great Army should be raised under the com∣mand of the Prince, for a voyage to Palestine. And by this course especially did his Majesty soon spend the insolencies of his own,* and the Rebels Souldiers, made Lawlesse by the late unavoidable Liberty of civil Arms.
And here was an end of this wasting, groundles, unnatural war wherein the subject having strug∣led and wrestled with Soveraign∣ty, till they had wasted the King∣dome and wearied themselves, at last are content to sit down by the losse, to let the King have his own Rights again, and some of theirs according to the usuall event and issue of such imbroylments.