A True copy of the journal of the High Court of Justice for the tryal of K. Charles I as it was read in the House of Commons and attested under the hand of Phelps, clerk to that infamous court / taken by J. Nalson Jan. 4, 1683 : with a large introduction.

* 1.1A JOURNAL OF THE PROCEEDINGS OF THE High Court of Iustice, ERECTED By Act of the Commons of England, Intituled, An Act of the Commons of England, Assembled in Par∣liament, for Erecting of a High Court of Justice, for the Trying and Judging of CHARLES STUART, King of England. The Tenor whereof followeth, viz.

The Act. An Act of the Commons of England Assembled in Parliament, for Erecting of a High Court of Ju∣stice, for the Trying and Judging of Charles Stuart, King of England.

WHereas it is notorious, That Charles Stuart, the now King of England, not content with those many Encroachments which his Predeces∣sors had made upon the People in their Rights and Freedoms, hath had a wicked Design totally to Subvert the Ancient and Fundamental Laws and Liberties of this Nation, and in their place to introduce an Arbitrary and Tyrannical Government,

and that besides all other evilways and means to bring this De∣sign to pass, he hath prosecuted it with Fire and Sword, Levied and maintained a cruel VVar in the Land, against the Parlia∣ment and Kingdom, whereby the Country hath been miserably wasted, the Publick Treasure Exhausted, Trade decayed, thousands of People murdered, and infinite other mischiefs com∣mitted; For all which high and treasonable Offences, the said Charles Stuart might long since justly have been brought to exemplary and condign Punishment: VVhereas also, the Par∣liament well hoping that the Restraint and Imprisonment of his Person, after it had pleased God to deliver him into their hands, would have quieted the distempers of the Kingdom, did for∣bear to proceed Judicially against him; but found by sad Experience, that such their Remisness served only to encourage him and his Complices in the continuance of their evil practi∣ces, and in raising of new Commotions, Rebellions, and Inva∣sions; for prevention therefore of the like or greater Inconveni∣ences, and to the end no Chief Officer or Magistrate whatsoever may hereafter presume traiterously and maliciously to imagine or contrive the Enslaving or Destroying of the English Na∣tion, and to expect Impunity for so doing, Be it Ordained and Enacted by the Commons in Parliament, and it is hereby Or∣dained and Enacted by Authority thereof, That Thomas Lord Fairfax, Oliver Cromwell, Henry Ireton, Es∣quires, Sir Hardress Waller, Knight, Philip Skippon, Valentine Wauton, Thomas Harrison, Edward Wha∣ley, Thomas Pride, Isaac Ewer, Richard Ingoldsby, Henry Mildmay, Esquires, Sir Thomas Honywood, Thomas Lord Grey of Groby, Philip Lord Lisle, Wil∣liam Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John Bourchier, Sir James Har∣rington, Sir William Allanson, Sir Henry Mildmay, Sir Thomas Wroth, Knights, Sir William Masham, Sir John Barrington, Sir William Brereton, Baronets, Robert Wallop, William Heveningham, Esquires, Isaac Pennington, Thomas Atkins, Rowland Wilson, Aldermen of the City of London, Sir Peter Wentworth, Knight of the Bath, Henry Martin, William Purefoy, Godfrey Bosvile, John Trenchard, Herbert Morley, John Berkstead, Matthew Tomlinson, John Blackis∣ton, Gilbert Millington, Esquires, Sir William Con∣stable,

Baronet, Edmond Ludlow, John Lambert, John Hutchinson, Esquires, Sir Arthur Hesilrige, Sir Michael Livesey, Baronets, Richard Salwey, Humphry Salwey, Robert Tichbourn, Owen Roe, Robert Manwaring, Robert Lilbourn, Adrian Scroop, Ri∣chard Deare, John Okey, Robert Overton, John Huson, John Desborough, William Goff, Robert Duc∣kenfield, Cornelius Holland, John * 1.2Carey, Esquires, Sir William Armyn, Baronet, John Jones, Esquire, Miles Corbet, Francis Allen, Thomas Lister, Benjamin Weston, Perigrin Pelham, John Gourdon, Esquires, Francis Thorp, Serjeant at Law, John Nutt, Thomas Challoner, Algernon Sydney, John Anlaby, John Moore, Richard Darley, VVilliam Say, Joh. * 1.3Aldred, John Fagg, James Nelthorp, Esquires, Sir VVilliam Roberts, Knight, Francis Lastells, Alexander Rigby, Henry Smith, Edmond VVild, James Challoner, Jo∣sias Berners, Dennis Bond, Humphrey Edwards, Gre∣gory Clement, John Fry, Thomas VVogan, Esquires, Sir Gregory Norton, Baronet, John Bradshaw, Ser∣jeant at Law, Edmond Harvey, John Dove, John Ven, Esquires, Iohn Fowks, Alderman of the City of London, Thomas Scot, Esquire, Thomas Andrews, Alderman of the City of London, William Cawley, Abraham, Burrell, Anthony Stapeley, Roger Gratwick, Iohn Downs, Thomas Horton, Thomas Ham∣mond, George Fenwick, Esquires, Robert Nicholas, Serjeant at Law, Robert Reynolds, Iohn Lisle, Nicho∣las Love, Vincent Potter, Esquires, Sir Gilbert Picker∣ing, Baronet, Iohn Weaver, Roger Hill, Iohn Lenthall, Esquires, Sir Edward Banton, Iohn Corbet, Thomas Blunt, Thomas Boon, Augustine Garland, Augustine Skinner, Iohn Dixwell, George Fleetwood, Simon Meyne, Iames Temple, Peter Temple, Daniel Bla∣grave, Esquires, Sir Peter Temple, Knight and Baronet, Thomas VVayte, Iohn Brown, Iohn Lowry, Esquires, Shall be, and are hereby Appointed and Required to be Commis∣sioners and Judges, for the Hearing, Trying and Adjudging of the said Charles Stuart. And the said Commissioners or any Twenty or more of them, shall be, and are hereby Authorized and Constituted an High Court of Justice to meet and sit at such

convenient time and place as by the said Commissioners or the major part of twenty or more of them under their Hands and Seals shall be appointed and notified by publick Proclaimation in the great Hall or Palace-Yard at VVestminster, and to ad∣journ from time to time, and from place to place, as the said High Court or major part thereof meeting shall hold fit; and to take order for the charging of him the said Charles Stuart with the Crimes and Treasons abovementioned; and for the receiving of his personal Answer thereunto, and for the examina∣tion of VVitnesses upon Oath, which the Court hath hereby Authority to administer, or otherwise, and taking any other Evi∣dence concerning the same, and thereupon, or in default of such Answer, to proceed to final Sentence, according to Justice, and the merit of the Cause, and such final Sentence to execute or cause to be executed speedily and impartially. And the said Court is hereby Authorized and required to appoint and direct all such Officers, Attendants and other circumstances as they or the ma∣jor part of them shall in any sort Judge necessary or useful for the orderly and good managing of the premises. And Thomas Lord Fairfax the General, and all Officers and Soldiers under his command, and all Officers of Justice, and other well affected persons are hereby Authorized and required to be aiding and assisting unto the said Court in the due Execution of the Trust hereby committed. Provided, That this Act, and the Authority hereby granted; do continue in force, for the space of one Month from the making hereof, and no longer.

Hen. Scobell Cler. Par. Dom. Com.

In pursuance of which said Act, the House of Commons Ordered as followeth, viz. Die Sabbati, 6. Jan. 1648.

ORdered by the Commons Assembled in Parlia∣ment, That the Commissioners nominated in the Act for Erecting of an High Court of Iustice for the Trying and Iudging of Charles Stuart, King of England, do meet on Monday next, at two of the Clock in the afternoon, in the Painted Chamber.

By virtue of which said recited Act, and of the said Order grounded thereupon, the Commissioners whose Names are here under-written, met on Monday, the said eighth day of January, 1648. in the said Painted Chamber, at Westminster, where the said Act was open∣ly read, and the Court called.

Commissioners Present.

• Thomas Lord Fairfax.
• Oliver Cromwell, Esq
• Henry Ireton, Esq
• Sir Hardress Waller.
• ...Valentine Wauton.
• ...Edward Whaley.
• ...Thomas Pride.
• ...Isaac Ewers.
• Sir Gregory Norton, Bar.
• Peter Temple, Esq
• John Ven, Esq
• Thomas Challoner, Esq
• Henry Martin, Esq
• John Berkstead, Esq
• Gilbert Millington, Esq
• Richard Deane, Esq
• Cornelius Holland, Esq
• John Jones, Esq
• John Aldred, Esq
• Henry Smith, Esq
• John Lisle, Esq
• James Temple, Esq
• Adrian Scroope, Esq
• Edmond Ludlow, Esq
• John Huson, Esq
• Thomas Harrison, Esq
• Nicholas Love, Esq
• Thomas Lord Grey of Groby.
• Sir John Danvers.
• Sir Tho Maleverer, Bar.
• Sir John Bourchier.
• Sir Henry Mildmay.
• James Challoner, Esq
• Gregory Clement, Esq
• John Fry, Esq
• Augustine Garland, Esq
• Daniel Blagrave, Esq
• Robert Tichbourn, Esq
• Wil. Heveningham, Esq
• William Purefoy, Esq
• John Blackistone, Esq
• William Lord Mounson.
• John Okey, Esq
• John Carew, Esq
• Peregrine Pelham, Esq
• Francis Lassells, Esq
• John Downs, Esq
• John Brown, Esq
• John Hutchinson, Esq
• Miles Corbet, Esq
• Humphrey Edwards, Esq
• Edmond Harvy, Esq
• William Goff, Esq

The Comissioners of the Court being as aforesaid, met, and informing themselves of the tenor of their Commission, they accordingly appoint the said Court to be holden in the same place, on Wednesday, the Tenth of the said Month of January, and ordered Proclamation thereof to be made in the great Hall at Westminster, by Edward Dendy Serjeant at Arms, Au∣thorizing him thereunto by Precept under their Hands and Seals, in these words following, viz.

By Virtue of an Act of the Commons of England Assembled in Parliament for erecting of an High Court of Justice for the Trying and Judging of Charles Stuart King of Eng∣land, we whose Names are hereunder written (being Com∣missioners, amongst others nominated in the said Act) do here∣by appoint, That the High Court of Justice mentioned in the said Act, shall be holden in the Painted Chamber, in the Palace of Westminster on Wednesday the tenth day of this instant January, by One of the Clock in the afternoon; and this we do appoint to be Notified by Publique Proclaiming here∣of in the great Hall at Westminster, to morrow being the Ninth day of this Instant January, betwixt the hours of Nine and Eleven in the Forenoon. In Testimony whereof we have hereunto set our Hands and Seals this eight day of January, Anno Domini 1648.

We the Commissioners whose Names are hereunto Subscribed, do hereby Authorize and Appoint Edward Dendy Serjeant at Arms, to cause this to be Proclaimed according to the Tenor thereof, and to make due Return of the same with this Precept to the said Court at the time and place above-mentioned.

Sealed and Subscribed by

• ...William Monson.
• ...Tho. Grey.
• ...Oliver Cromwell.
• ...Gregory Norton.
• ...Henry Ireton.
• ...H. Edwards.
• ...John Hutchinson.
• ...Har. Waller.
• ...William Constable.
• ...John Lisle.
• ...Henry Martin.
• ...Valentine Wauton.
• ...John Blackistone.
• ...Gilbert Millington.
• ...Adrian Scroope.
• ...James Temple.
• ...James Chaloner.
• ...Thomas Harrison.
• ...John Jones.
• ...John Huson.
• ...Peregr. Pelham.
• ...Edward Ludlow.
• ...John Berkstead.
• ...Peter Temple.
• ...Edw. Whaley.
• ...John Okey.
• ...Rob. Tichbourn.
• ...Thomas Pride.
• ...Henry Smith.
• ...Thomas Maleverer.
• ...Thomas Challoner.
• ...John Fry.
• ...John Bourchier.
• ...John Carew.
• ...Aug. Garland.
• ...Richard Deane.
• ...Daniel Blagrave.

Which said Precept is thus returned on the Back∣side, viz. I have caused due Proclamation to be made hereof according to the tenor of the Precept within written.

E. Dendy, Serjeant at Arms.

And in order to the more regular and due proceed∣ings of the said Court, they nominate Officers, and accordingly chose Mr. Aske, Dr. Dorislaus, Mr. Steel, and Mr. Cooke Councel, to attend the said Court, Mr. Greaves and Mr. John Phelpes, Clerks, to whom notice thereof was ordered to be given.

Mr. Edward Walford, Mr. John Powel, Mr. John King, Mr. Phineas Payne, and Mr. Hull are chosen Messen∣gers to attend this Court.

January the Ninth, 1648. According to the Precept of the Eighth instant, Serjeant Dendy made Procla∣mation for the sitting of the said Court, in manner fol∣lowing, viz.

About Ten of the clock of the same day, the said Serjeant being attended with six Trumpets, and a Guard of two Troops of Horse, himself with them on horseback, bearing his Mace, rideth into the mid∣dle of Westminster-Hall (the Court of Chancery then sit∣ting at a general Seal) where, after the said Trum∣pets sounding (the Drums then likewise beating in the Palace-yard) he causeth the said Precept to be openly read, which being done, the House of Com∣mons at the same time sitting, Order as followeth,

Die Martis, 9 Januarii, 1648.

Ordered by the Commons Assembled in Parliament, that the same Proclamation that was made this Morning in Westmin∣ster-Hall touching the Tryal of the King, be made at the Old Exchange, and in Cheapside, forthwith, and in the same manner, and that Serjeant Dendy, the Serjeant at Arms, do Proclaim the same accordingly, and that the Guard that lieth in Pauls, do see the same done.

In pursuance whereof Serjeant Dendy about twelve of the clock of the same day, accompanied with ten Trumpets and Two Troops of Horse, drawn out for that purpose in Paul's Church-Yard, himself mounted, bearing his Mace, they all march from thence unto the Old Exchange, London, where after the Trum∣pets had sounded, he maketh Proclamation as he had done before in Westminster-Hall: And from thence they immediately march to Cheapside, making the like Pro∣clamation there also, in manner as aforesaid; during all which time the Streets are throng'd with Specta∣tors, without the least violence, injury or affront publiquely done or offered.

Mercurii, 10 Januarii, 1648. Commissioners pre∣sent, Painted Chamber.

• Oliver Cromwell, Esq
• Henry Ireton, Esq
• Sir Hardress Waller, Knight.
• Valentine Wauton, Esq
• Edward Whaley, Esq
• Thomas Harrison, Esq
• Thomas Pride, Esq
• Sir Thomas Maleverer, Baronet.
• ...James Challoner.
• Sir John Danvers.
• ...John Fry.
• Sir Gregory Norton.
• ...Augustine Garland.
• ...Peter Temple.
• ...Daniel Blagrave.
• ...John Ven.
• ...Henry Martin.
• ...William Purefoy.
• ...John Blackistone.
• ...Gilbert Millington.
• ...Edmond Ludlow.
• ...John Hutchinson.
• ...John Corbet.
• Robert Tichbourne, Esq
• Owen Roe, Esq
• John Dean, Esq
• John Huson, Esq
• Cornelius Holland, Esq
• John Carew, Esq
• Thomas Lister, Esq
• Sir Henry Mildmay, Knight.
• Thomas Challoner, Esq
• Peregrine Pelham, Esq
• John Moor, Esq
• William Say, Esq
• Francis Lassells, Esq:
• Henry Smith, Esq
• Thomas Scot, Esq
• Nicholas Love, Esq
• Vincent Potter, Esq
• Adrian Scroope, Esq
• John Dixwell, Esq
• John Lisle, Esq
• John Okey, Esq
• John Berkstead, Esq

The Court being sat in the Place aforesaid, began to take into consideration the manner and order that they intended to observe at the Kings Tryal, and appointed two Ushers of the Court, viz. Mr. Edward

Walford and Mr. Vowell, and Mr. Litchman was chosen a Messenger of this Court.

John Bradshaw Serjeant at Law a Commissioner of this Court, was then chosen President of the said Court, who being absent, Mr. Say one of the Commissioners then present, was appointed President Pro tempore, and untill the said Serjeant Bradshaw should attend the said Service, the said Mr. Say accordingly took his place, and gave the thanks of this Court to Mr. Garland, one of the Commissioners of this Court, for his great pains by him formerly taken about the bu∣siness of this Court.

The Court were informed of the great and impor∣tant Imployment that at present lay upon Mr. Greaves in the behalf of the Commonwealth, from which he can∣not be spared without prejudice to the Publique; and it was therefore moved in his behalf that he might be Excused from attending the service of one of the Clerks of the said Court, which the Court admitted as a sufficient Excuse, and thereupon Mr. Andrew Broughton was named and appointed one of the Clerks of this Court with John Phelpes, the said John Phelpes being then sent for by a Messenger of the Court, and accordingly making his appearance, was commanded to attend the said service, who at∣tended the same accordingly, and a Messenger of the Court was sent to Summon the said Mr. Broughton.

Mr. Aske, Mr. Steel, Dr. Dorislaus and Mr. Cooke are appointed Councel in the behalf of the Common∣wealth, to prepare and prosecute the Charge against the King according to the Act of the Commons As∣sembled in Parliament in that behalf, and in parti∣cular, the Court did appoint Mr. Steel, Attorney, and Mr. Cooke, Solicitor, to take care thereof. And the Act for Constituting the said Court, was ordered to be tran∣scribed, and delivered to the said Councel; which was done accordingly.

Mr. Love, Mr. Lisle, Mr. Millington, Mr. Garland, Mr. Marten, Mr. Tho. Challoner, Sir John Danvers, and Sir Henry Mildmay, or any two of them are appointed a Committee to consider of all circumstances in mat∣ter

of order and method for the carrying on and managing the Kings Tryal, and for that purpose to advise with the Councel assigned, to prove the Charge against the King, and to make Report therein, the next Sitting, and the care of the business is particularly recommended to Mr. Love.

Edward Dendy Serjeant at Arms, made return of the Precept of the Eighth instant, for Proclaiming the Sitting of the Court, which was received; the said Serjeant Dendy having Proclaimed the same by the sound of Trumpet in Westminster Hall, as also at the Old Exchange, and in Cheapside.

Edward Dendy Serjeant at Arms, is appointed Ser∣jeant at Arms, to attend the said Court; Mr. John King is appointed Cryer of the said Court.

The Court having thus made preparations for the said Tryal (during all which time they sate private) the doors are now opened for all parties, that had any thing to do there to give their attendance.

Three Proclamations being made by the Cryer, the Act for constituting the said Court, was openly read, and the Court called, the Commissioners present, were as before-named.

The Commissioners that were absent, were ordered to be summoned to attend the said Service, and Sum∣mons were issued forth accordingly.

The Court Adjourned it self till Fryday, Jan. 12th. at Two of the Clock in the Afternoon, to the same place.

Januarii 12, 1648.

At which time the Commissioners Present were as after-named.

Die Veneris, 12 Januarii, 1648. Painted Chamber. Commissioners Present.

• Oliver Cromwell, Esq
• Sir John Danvers.
• Thomas Hammond, Esq
• Peregr. Pelham, Esq
• Herbert Morley, Esq
• James Temple, Esq
• William Say, Esq
• John Huson, Esq
• Sir John Bourchier, Kt.
• John Bradshaw, Serj. at Law.
• Gilbert Millington, Esq.
• John Moore, Esq
• John Brown, Esq
• John Fry, Esq
• Sir Hardress Waller, Kt.
• Adrian Scroope, Esq
• Thomas Challoner, Esq
• Thomas Pride, Esq
• John Lisle, Esq
• Owen Roe, Esq
• Thomas Scot, Esq
• John Jones, Esq
• John Carew, Esq
• John Fagg, Esq
• Henry Marten, Esq
• John Blackistone, Esq
• John Dove, Esq
• Henry Smith, Esq
• John Ven, Esq
• John Downs, Esq
• Nicholas Love, Esq
• Thomas Harrison, Esq
• John Berkstead, Esq
• With divers more.

Serjeant Bradshaw, upon special Summons, attend∣ed this Court, being one of the Commissioners there∣of, and being according to former Order, called to take his place of President of the said Court, made an earnest Apology for himself to be excused; but there∣in not prevailing, in obedience to the Commands and Desires of this Court, he submitted to their Order, and took place accordingly; and thereupon the said Court Ordered concerning him as followeth, viz. That John Bradshaw, Serjeant at Law, who is appointed President of this Court, should be called by the Name, and have the Title of Lord President, and that as well without, as within the said Court, during the Commission and Sitting of the said Court: Against which Title he pressed much to be heard to offer his Exceptions, but was therein over-ruled by the Court.

Mr. Andrew Broughton attended according to former Order, and it was thereupon again Ordered, That Andrew Broughton and John Phelpes Gent. be, and they are hereby constituted Clerks of the said Court, and enjoyned to give their Attendance, from time to time accordingly.

Ordered, That the Councel assigned, or such as They, or any of Them shall appoint, shall have power to search for all Records and Writings concerning the King's Tryal, and to take into their custody, or order the producing of all such Re∣cords, and Papers, or Copies thereof, by any Clerk or other Person whatsoever, at or before the said Tryal, as they shall judge requisite, the Said Councel giving a Note under their Hands of their Receipt of all such Original Books, and Pa∣pers, which they shall so take into their custody. And that the said Councel shall have power to send for such person or persons at or before the said Tryal, and to appoint by Writing under their Hands, their Attendance for the Service of the State in this Business, as they shall think requisite, requiring all Persons concerned, to yield Obedience thereunto at their pe∣rils.

Sir Hardress Waller Knight, and Col. Harrison are Or∣dered to desire the Lord General from time to time to appoint sufficient Guards, to attend and guard the said Court during their Sitting.

Ordered, That Col. Tichbourne, Col. Roe, Mr. Blac∣kistone, and Mr. Fry, Members of this Court, shall and do make Preparations for the Tryal of the King, That it may be performed in a Solemn Manner; and that they take care for other necessary Provisions and Accommodations in and about that Tryal, and are to appoint and command such Work∣men in and to their Assistance, as they shall think fit.

Mr. Love Reporteth from the Committee ap∣pointed Jan. 10th. instant, to consider of the Cir∣cumstances in Matters of Order for Tryal of the King: And it is thereupon Ordered, That in mana∣ging the Proceedings in Open Court at the time of the King's Tryal, none of the Court do speak, but the President and Councel, and in case of any Difficulty arising to

any one, that he speak not to the Matter openly, but desire the President that the Court may please to Advise. By which Order, it is not intended that any of the Commissio∣ners be debarred at the Examination of any Witness, to move the Lord President to propound such Questi∣on to the Witness as shall be thought meet for the better disquisition and finding out of the Truth.

Ordered, That there shall be a Marshal to attend this Court, if there be cause.

Ordered, That the Lord President and Councel do manage the Tryal against the King, according to Instructions to be given them by the Court; and that the Committee for considering of all circumstances for the managing of the King's Trial, do consider of Rules and Instructions in that behalf, and are to consult with the Councel, and address themselves to the Lord President for Advice in the Premises.

Ordered, That the Councel do bring in the Charge against the King on Monday next.

The Committee for considering of the Circumstances of Or∣der for the King's Trial, together with Sir Hardress Wal∣ler, Col. Whaley, Mr. Scot, Col. Tichbourne, Col. Har∣rison, Lieut. Gen. Cromwell, and Col. Deane, are ap∣pointed to consider of the place for Trying the King, and make Report to morrow in the Afternoon, and are to meet to morrow Morning in the Inner Court of Wards, at Nine of the Clock, and who else of the Court please may be there.

The Court Adjourned it self till the Morrow in the Afternoon at Two of the Clock.

Sabbathi, 13 Jan. 1648.

Proclamation being made, and all Parties Concern∣ed, required to give Attendance, the Court is called openly.

Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• Oliver Cromwel, Esq
• Henry Ireton, Esq
• Sir Hardress Waller, Kt.
• Edward Whaley, Esq
• Thomas Pride, Esq
• Isaac Ewer, Esq
• Sir John Danvers.
• Sir Gregory Norton.
• William Purefoy, Esq
• John Blackistone, Esq
• Gilbert Millington, Esq
• Sir William Constable, Bar.
• John Hutchinson, Esq
• William Goff, Esq
• Cornelius Holland, Esq
• John Carew, Esq
• Thomas Challoner, Esq
• Algernon Sydney, Esq
• William Say, Esq
• John Fagg, Esq
• Francis Lassels, Esq
• Valentine Wauton, Esq
• Henry Smith, Esq
• Humphrey Edwards, Esq
• John Fry, Esq
• Sir Thomas Maleverer, Bar.
• William Heveningham, Esq
• John Dove, Esq
• John Venn, Esq
• Tho. Scot, Esq
• John Downes, Esq
• Adrian Scroope, Esq
• John Lisle, Esq
• Augustine Garland, Esq
• John Dixwell, Esq
• Daniel Blagrave, Esq
• John Browne, Esq

The Court being to make further preparations for the King's Tryal, sit private. The Serjeant at Arms is Authorized to employ such other Messengers as shall be needful for the service of the Court, giving in their Names to the Clerks of this Court.

Ordered, That the Serjeant at Arms do search and secure the Vaults under the Painted Chamber, taking such Assist∣ance therein from the Souldiery as shall be needful.

Mr. Garland reporteth from the Committee for con∣sidering of the place for the King's Trial; and the Court thereupon Ordered, That the said Tryal of the King shall be in Westminster-Hall; That the Place for the King's Tryal, shall be where the Courts of King's Bench and

Chancery, sit in Westminster-Hall, and that the Partiti∣ons between the said two Courts, be therefore taken down; and that the Committee for making Preparations for the King's Try∣al, are to take care thereof accordingly.

The Court Adjourned it self till Monday at Two of the Clock in the Afternoon, to this Place.

Lunae, 15 Jan. 1648.

Three Proclamations are made, and all Parties con∣cerned, are required to give Attendance.

The Court is called openly.

Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• John Dean, Esq
• John Berkstead, Esq
• Isaac Ewer, Esq
• Robert Lilbourn, Esq
• Thomas Hamond, Esq
• Edward Whaley, Esq
• Thomas Pride, Esq
• Thomas Lord Grey of Groby.
• William Lord Mounson.
• Sir John Danvers.
• Sir Tho. Maleverer, Bar.
• Sir Tho. Wroth.
• Robert Wallop, Esq
• Henry Martin, Esq
• William Purefoy, Esq
• Gilbert Millington, Esq
• Edmond Ludlow, Esq
• John Hutchinson, Esq
• Adrian Scroope, Esq
• John Okey, Esq
• John Huson, Esq
• Peregrine Pelham, Esq
• Thomas Challoner, Esq
• John Moore, Esq
• John Aldred, Esq
• Henry Smith, Esq
• James Challoner, Esq
• Humphrey Edwards, Esq
• Vincent Potter, Esq
• Augustine Garland, Esq
• James Temple, Esq
• Daniel Blagrave, Esq
• John Blackistone, Esq
• Oliver Cromwell, Esq
• Robert Tichbourne, Esq
• John Jones, Esq
• John Downs, Esq
• Sir Hardress Waller.
• Thomas Horton, Esq
• Henry Ireton, Esq
• Algernon Sydney, Esq
• Peter Temple, Esq
• Nicholas Love, Esq
• Valentine Wauton, Esq
• John Lisle, Esq
• John Venn, Esq
• Cornelius Holland, Esq
• Thomas Scot, Esq
• Sir William Constable, Bar.
• Herbert Morley, Esq
• Miles Corbet, Esq
• John Fry, Esq
• William Goff, Esq
• John Fagg, Esq
• John Carew, Esq
• Sir Henry Mildmay,
• Sir Gregory Norton, Bar.* 2.1

Here the Court sit private.

The Councel attended, and presented to the Court the Draught of a Charge against the King: which be∣ing read, the Court appointed Commissary General Ireton, Mr. Millington, Mr. Marten, Col. Harvey, Mr. Challoner, Col. Harrison, Mr. Miles Corbet, Mr. Scot, Mr. Love, Mr. Lisle, Mr. Say, or any three of them to be a Committee, to whom the Councel might resort for their further Advice concerning any thing of diffi∣culty in relation to the Charge against the King; who were likewise with the Councel to compare the Charge against him, with the Evidence, and to take care for the preparing and fitting the Charge for the Courts more clear Proceedings in the Businesses; as likewise to advise of such general Rules as are fit for the Expediting the Business of the said Court, and to meet the Morrow Morning at Eight of the Clock in the Queens Court.

Col. Ludlow, Col. Purefoy, Col. Hutchinson, Col. Scroope, Col. Deane, Col. Whalley, Col. Huson, Col. Pride, Sir Hardress Waller, Sir William Constable, together with the Committee for making Preparations for the King's Tryal, or any three of them are appointed a Com∣mittee to consider of the manner of bringing the King to the Court at his Tryal, and of the Place where he shall be kept and lodge at, during his said Tryal; and to take consideration of the secure Sitting of the said Court, and placing the Guards that shall attend it, and are to meet to morrow morning at Eight of the clock in the Inner Star-Chamber.

The Court taking Notice of the Nearness of Hilary-Term, and necessity they apprehended of Adjourning it in regard of the King's Tryal, thereupon were of Opinion, that it is fit that a Fortnight of the said Term be Adjourned, and Mr. Lisle is desired to move the House therein.

Three Proclamations

The Court Adjourned it self till Wednesday next at Eight in the Morning.

Mercurii, 17 Jan. 1648.

Three Proclamations are made, and all Parties con∣cerned, are required to give Attendance.

The Court is called.

Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• Oliver Cromwell, Esq
• Edward Whaley, Esq
• Thomas Lord Grey of Groby.
• Sir John Danvers.
• Sir Tho. Maleverer, Bar.
• Sir Hardress Waller.
• John Blackistone, Esq
• John Berkstead, Esq
• Sir William Constable.
• ...John Hutchinson.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Okey.
• ...John Huson.
• ...Augustine Garland.
• ...Simon Meyne.
• ...Peter Temple.
• ...John Brown.
• ...Thomas Scot.
• ...Thomas Lister.
• ...John Jones.
• ...Vincent Potter.
• ...Daniel Blagrave.
• ...William Say.
• ...Nicholas Love.
• ...Robert Lilbourne.
• ...William Goffe.
• ...John Carew.
• ...Thomas Pride.
• ...Francis Allen.
• ...Peregrine Pelham.
• ...John Moore.
• ...Francis Lassels.
• ...Henry Smith.
• ...James Challoner.
• ...Humphrey Edwards.
• ...John Fry.
• Sir Gregory Norton.
• ...John Venn.
• ...William Cawley.
• ...Thomas Horton.
• ...Thomas Hammond.
• ...Isaac Ewers.
• ...Cornelius Holland.
• Sir John Bourchier.
• ...Edmond Ludlow.
• ...Edmond Harvey.
• ...Edmond Wild.
• ...Thomas Heath.
• ...William Heveningham.
• ...Henry Marten.
• ...William Purefoy.
• ...John Lisle.* 2.2

Ordered, That the Commissioners of this Court, who have not hitherto appeared, be summoned by Warrants under the Hands of the Clerks of this Court, to give their Personal At∣tendance at this Court, to perform the Service to which they are by Act of the Commons of England Assembled in Parliament, appointed and required.

Ordered, That the Serjeant at Arms attending this Court, or his Deputy do forthwith Summon all the aforesaid Commissioners making default, who reside or dwell within twenty Miles of London.

Particular Warrants to every one of them, were accordingly issued forth for their Attendance.

Upon Report made by Col. Hutchinson, from the Committee to consider of the manner of bringing the King to Tryal, &c. the Court Order as followeth, viz.

Ordered, That Sir Robert Cotton's House be the place where the King shall lodge during his Tryal.

That, the Chamber in Sir Robert Cotton's House next the Study, there shall be the King's Bed-Chamber.

That, the Great Chamber before the said Lodging-Cham∣ber, be for the King's Dining-Room, and that a Guard consist∣ing of Thirty Officers and other choice Men, do always attend the King; who are to attend him at his Lodging above Stairs, and that Two of the said Thirty do always attend in his Bed-Chamber.

That, Place for a Court of Guard for 200 Foot-Soldiers, be built in Sir Robert Cotton's Garden, near the Water∣side.

That, Ten Companies of Foot be constantly upon the Guards for securing Sir Robert Cotton's House, and those Compa∣nies to be Quartered in the Court of Requests, the Painted Chamber, and other necessary Places thereabouts.

That, the Passage that cometh out of the Old Palace into Westminster-Hall, be made up at the Entrance of the said Passage next the said Guard.

That, the top of the Stairs at the Court of Wards Door, have a cross Barr made to it.

That, the King be brought out of Sir Robert Cotton's House to his Tryal, the lower way into Westminster-Hall, and so brought to the Barr in the Face of the Court, attended by the above-said Guard above Stairs.

That, Two Rayls of about forty foot distance from the Place where this Court shall Sit in Westminster-Hall, be made cross the said Hall; for the effectual and substantial do∣ing whereof, this Court do refer it to the care of the Com∣mittee appointed to consider of the manner of bringing the

King to Tryal; who are likewise to take care for raising the Floor in such part of the Hall as they shall think fit, for pla∣cing of the Guards; and that a Rayl or Rayls from the Court down to the Hall-Gate, be made in such manner as they shall think fit on the Common-Pleas side, to keep the People from the Soldiers.

That, there be ••••ards set upon the Leads, and other places that have Windows to look into the Hall.

That, the General be desired from time to time to send and appoint convenient Guards of Horse for the convenient Sitting of the Court.

That, Twenty Officers, or other Gentlemen do attend upon the Lord President from time to time, to and from this Court through Westminster-Hall.

That, the Officers of the Ordnance do send unto this Court 200 Halberts or Partizans lying within the Tower of Lon∣don, for the Arming of the Guards that are to attend this Court.

That, at the time of the Tryal of the King, the Commissio∣ners do before their Sitting in the Court, meet in the Exche∣quer-Chamber, and do from thence come up the Hall into the Court.

That, all Back-doors from the House called Hell, be stopt up during the Kings Tryal.

That, Lodgings be prepared for the Lord President at Sir Abraham Williams's House in the New Palace-Yard, during the Sitting of this Court, and that all Provisions and Necessaries be provided for his Lordship.

That, Sir Henry Mildmay, Mr. Holland, and Mr. Edwards do take care for providing all Provisions and Neces∣saries for the King, during his Tryal.

That, Sir Henry Mildmay, Mr. Holland, and Mr. Edwards do likewise take care for all Necessaries for the Lord President.

Ordered, That the Committee for considering of the man∣ner of bringing the King to Tryal, do consider what Habits the Officers of this Court shall have, who are to advise with some Heralds at Arms therein, and concerning the Ordering of the said Officers.

That, a Sword be carried before the Lord President at the Tryal of the King.

That, John Humphreys, Esq do bear the Sword before the Lord President.

That, a Mace or Maces together with a Sword, be like∣wise carried before the Lord President.

This Court doth Adjourn it self to Three of the Clock in the Afternoon, Jan. 17. 1648. Post Meridiem.

Three Proclamations.

The Court is cleared of Strangers, and they sit private.

The Charge against the King, is presented by the Councel, and Ordered to be re-committed to the Com∣mittee appointed for Advice with the Councel concer∣ning the Charge against the King, who are to contract the same, and fit it for the Courts proceeding thereup∣on, according to the Act of Parliament in that behalf. And the same Committee are likewise to take care for the King's coming to Westminster to Tryal at such time as to them shall seem meet, and Lieutenant Gen. Cromwell is added to the said Committee, and the Coun∣cel are to attend this Court with the said Charge to morrow at Two of the Clock in the Afternoon; and thereupon,

Ordered, That the Committee for Considering of the man∣ner of bringing the King to Tryal, do meet to Morrow Mor∣ning at Eight of the Clock in the Exchequer-Chamber.

The Court Adjourned it self till the Morrow at Two of the Clock in the Afternoon, to the same Place.

Jovis, 18 Jan. 1648.

Three Proclamations made.

Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...Oliver Cromwell.
• ...Edward Whalley.
• Tho. Lord Grey of Groby.
• Sir John Danvers.
• Sir Thomas Maleverer, Bar.
• Sir Hardress Waller.
• ...John Berkstead.
• ...John Blackistone.
• Sir William Constable.
• ...John Hutchinson.
• ...Robert Tichbourne.
• ...Cornelius Holland.
• ...John Moore.
• ...Richard Deane.
• ...John Okey.
• ...Thomas Hammond.
• ...John Carew.
• William L. Mounson.
• ...John Huson.
• ...Thomas Pride.
• ...William Cawley.
• ...Henry Smith.
• ...Peter Temple.
• ...Thomas Wogan.
• ...George Fleetwood.
• ...Francis Lassels.
• ...Adrian Scroope.
• ...Peregrine Pelham.
• ...John Fry.
• Sir Gregory Norton.
• ...Humphrey Edwards.
• ...John Venn.
• ...William Purefoy.
• ...Simon Meyne.
• ...John Browne.
• ...Herbert Morley.

Here the Court sit private.

Col. Tichbourne, one of the Commissioners of this Court, informeth the Court, that he was with Mr. Steel, Attorney of this Court, and found him in his Bed very sick, and by reason thereof, not like to at∣tend, yet, the Service of this Court according to for∣mer Order; and desired him the said Colonel, to sig∣nifie, that he the said Mr. Steel no way declineth the Service of the said Court, out of any disaffection to it, but professeth himself to be so clear in the Business, that if it should please God to restore him, he should manifest his good Affection to the said Cause, and that it is an addition to his Affliction, that he cannot at∣tend, this Court, to do that Service that they have ex∣pected from him, and as he desires to perform.

The Court Adjourned it self till to morrow Two of the Clock in the Afternoon.

Veneris, 19 Jan. 1648.

Three Proclamations. The Court called openly.

The Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President.
• ...Henry Ireton.
• Sir Hardress Waller, Knight.
• ...Thomas Harrison.
• ...Edward Whalley.
• ...Isaac Ewers.
• William Lord Mounson.
• Sir John Danvers.
• Sir Thomas Maleverer Bar.
• Sir John Bourchier, Kt.
• ...William Heveningham.
• ...William Purefoy.
• ...John Barkstead
• ...John Blackistone.
• ...Gilbert Millington.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Robert Lilbourne.
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Huson.
• ...Cornelius Holland.
• ...John Jones.
• ...Peregr. Pelham.
• ...Thomas Challoner.
• ...Algernon Sydney.
• ...William Say.
• ...Francis Lassells.
• ...Henry Smith.
• ...Humphrey Edwards.
• ...John Fry.
• Sir Gregory Norton, Bar.
• ...John Dove.
• ...Thomas Scot.
• ...William Cawley.
• ...Thomas Horton.
• ...John Lisle.
• ...Nicholas Love.
• ...Vincent Potter.
• ...John Dixwell.
• ...Simon Meyne.
• ...Peter Temple.
• ...John Brown.
• ...John Okey.
• ...William Goffe.
• ...John Carew.

Here the Court sate private.

Col. Hutchinson Reporteth from the Committee ap∣pointed to consider of the Habits of the Officers, and it is thereupon,

Ordered, That Three Gowns be Provided for three Ʋshers, and Three Cloaks for Three Messengers of this Court.

Mr. Millington reporteth from the Committee for Advice with the Councel concerning the Charge a∣gainst

the King, that the Councel have perfected the Charge, and are ready to present it. He likewise re∣porteth the Draught of an Order, whereby the Charge may, by the Command of this Court, be ex∣hibited together with a Form of Words; the Effect whereof the Committee think fit to be pronounced by him that this Court shall appoint so to exhibit the said Charge: Which said Order and Form of Words the Court have with some Alterations agreed unto, as followeth;

It is Ordered, That Mr. Attorney, and in his absence, Mr. Sollicitor do in the behalf of the People of England, exhibit and bring into this Court a Charge of High Treason, and other High Crimes against CHARLES STƲART King of England, and charge him thereupon in the behalf aforesaid.

The Form of Words are as followeth;

My Lord,

ACcording to an Order of this High Court to me directed for that purpose, I do, in the Name, and on the behalf of the People of England, exhibit and bring into this Court a Charge of High Treason, and other High Crimes, whereof I do accuse CHARLES STƲART King of England, here present. And I do, in the Name, and on the behalf afore∣said, desire the said Charge may be received accordingly, and due Proceedings had thereupon.

The Councel likewise, according to Mr. Millington's Report, present a Draught of the Charge against the King; which was read the first, and second, and third time, and referred back to the said Councel, to make some small Amendments as to the Form thereof.

Ordered, That Commissary Gen. Ireton, Col. Whalley, Col. Harrison, Sir Hardress Waller, or any two of them, do appoint the Thirty Persons that are by Order of the 17th. Instant, to attend the King, and the Twenty that are to attend the Lord President.

Ordered, That the Serjeant at Arms do secure Mr. Squibb's Gallery by such ways and means as he shall conceive meet.

The Court Adjourned it self till Nine of the Clock to morrow morning.

Sabbathi, 20 Jan. 1648.

Three Proclamations, and Attendance commanded.

Ordered, That Sir Henry Mildmay be desired to de∣liver unto John Humphreys Esq the Sword of State in his Custody; which said Sword the said Mr. Humphreys is to bear before the Lord President of this Court.

The Court being sate as aforesaid, before they en∣gaged in further Business, the Serjeant at Arms of the House of Commons came thither, and acquainted the Court, that the House wanted their Members that were of that Court; the Court thereupon Ad∣journed till twelve of the Clock the same day.

The Court accordingly met at twelve of the Clock.

Three Proclamations made.

Commissioners present. Painted Chamber, 20 Jan. 1648.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• Tho. L. Grey of Groby.
• Henry Martin.
• Oliver Crowwell.
• Henry Ireton.
• Augustine Garland.
• Thomas Challoner.
• Nicholas Love.
• William Cawley.
• John Venn.
• William Purefoy.
• John Barkstead.
• James Challoner.
• Peter Temple.
• Tho. Harrison.
• Robert Tichbourne.
• John Hutchinson.
• Sir Gregory Norton.
• Sir Tho. Maleverer, Bar.
• Daniel Blagrave.
• Owen Roe.
• Thomas Wogan.
• William Say.
• Francis Lassels.
• John Jones.
• Sir John Bourchier.
• John Carew.
• ...

• John Dewnes.
• John Fry.
• Sir Michael Livesey.
• Sir John Danvers.
• Mr. Millington.
• Sir Hardress Waller.
• John Blakistone.
• John Huson.
• Humphrey Edwards.
• Isaac Pennington Ald. of Lond.
• John Brown.
• Edw. Whalley.
• John Okey.
• Thomas Pride.
• Adrian Scroope.
• Valentine Wauton.
• Tho. Hamond.
• James Temple.
• Peregrine Pelham.
• Thomas Lister.
• Edmond Ludlow.
• Simon Meyne.
• Thomas Scot.
• Edmond Harvy.
• William Lord Mounson.
• Henry Smith.
• Sir William Constable.
• Isaac Ewers.
• Sir Henry Mildmay.
• Anthony Stapeley.

Here the Court sate private.

Ordered, That the Form and Method of the Courts Pro∣ceeding unto, and in the reading of the Commission by which they Sit, sending for, and bringing in the Prisoner to the Bar, acquainting him in brief with the cause of his bringing thither, receiving and reading the Charge, and demanding what the Prisoner says thereto, be referred to the discretion of the Lord President; as also, That in case the Prisoner shall in Lan∣guage or Carriage towards the Court, be insolent, outragious, or contemptuous, that it be left to the Lord President to re∣prehend him therefore, and admonish him of his Duty, or to command the taking away of the Prisoner, and if he see cause, to withdraw or adjourn the Court. But as to the Prisoners putting off his Hat, the Court will not insist upon it for this day; and that if the King desire time to Answer, the Lord President is to give him time.

Ordered, Ʋpon the Lord President's Desire and Mo∣tion, That Mr. Lisle and Mr. Say, Commissioners of this Court, be Assistants to the Lord President; and for that purpose, it is Ordered, that they sit near the Lord Presi∣dent in Court.

Mr. Sollicitor presented the Charge against the King in∣grossed in Parchment, which was read, and being by Mr. Sol∣licitor Signed, was returned to him to be exhibited against the King, in his presence in open Court. And thereupon the Court Adjourned it self forthwith to the Great Hall in West∣minster.

The Manner of the Tryal of Charles Stuart King of England.

ON Saturday, being the 20th. Day of January, 1648. the Lord President of the High Court of Ju∣stice, his two Assistants, and the rest of the Commis∣sioners of the said Court, according to the Adjourn∣ment of the said Court from the Painted Chamber, came to the Bench, or Place prepared for their Sitting, at the West End of the Great Hall at Westminster; di∣vers Officers of the said Court, one and twenty Gentlemen with Partizans, and a Sword and Mace marching before them up into the Court, where the Lord President, in a crimson Velvet Chair fixed in the midst of the Court, placed himself, having a Desk with a crimson Velvet Cushion before him: the rest of the Members placing themselves on each side of him, upon several Seats or Benches prepared, and hung with Scarlet for that purpose. The Lord Presi∣dent's two Assistants sitting next of each side of him, and the two Clerks of the Court placed at a Table somewhat lower, and covered with a Turky Carpet; upon which Table was also laid the Sword and Mace, the said Guard of Partizans dividing themselves on each side of the Court before them.

Three Proclamations are made for all persons that were Adjourned over thither, to draw near.

The Court being thus sate, and Silence enjoyned, the Great Gate of the Hall was set open, to the in∣tent that all persons (without exception) desirous to see or hear, might come unto it: upon which the Hall was presently filled, and Silence again ordered and proclaimed.

After Silence proclaimed as aforesaid, the Act of the Commons of England Assembled in Parliament, for Erecting of a High Court of Justice for Trying and Judging of CHARLES STƲART King of England, was openly read by one of the Clerks of the Court.

The Act being read, the Court was called, every Commissioner present, thereupon rising to his Name.

Commissioners present. Westminster-Hall, Jan. 20. 1648.

• John Bradshaw, Serjeant at Law, Lord President.
• ...Oliver Cromwell,
• ...Henry Ireton.
• Sir Hardress Waller.
• ...Valentine Wauton.
• ...Thomas Harrison.
• ...Edward Whaley.
• ...Thomas Pride.
• ...Isaac Ewer.
• Tho. Lord Grey of Groby.
• William Lo. Mounson.
• Sir John Danvers.
• Sir Thomas Maleverer, Baronet.
• Sir John Bourchier, Kt.
• Isaac Pennington Ald. of Lond.
• ...Henry Marten.
• ...William Purefoy.
• ...John Berkstead
• ...John Blackistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• ...Edmund Ludlow.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Robert Lilbourne.
• ...Adrian Scroope.
• ...Thomas Horton.
• ...Thomas Hammond.
• ...John Lisle.
• ...Nicholas Love.
• ...Vincent Potter.
• ...Augustine Garland.
• ...Richard Deane.
• ...John Okey.
• ...John Huson.
• ...William Goffe.
• ...Cornelius Holland.
• ...John Carew.
• ...John Jones.
• ...Thomas Lister.
• ...Peregr. Pelham.
• ...Francis Allen.
• ...Thomas Challoner.
• ...John Moore.
• ...William Say.
• ...John Aldred.
• ...Francis Lassells.
• ...Henry Smith.
• ...James Challoner.
• ...Humphrey Edwards.
• ...Gregory Clement.
• ...John Fry.
• Sir Gregory Norton, Bar.
• ...Edmund Harvey.
• ...John Venn.
• ...Thomas Scot.
• ...William Cawley.
• ...Anthony Stapeley.
• ...John Downs.
• ...John Dixwell.
• ...Simon Meyne.
• ...James Temple.
• ...Peter Temple.
• ...Daniel Blagrave.
• ...John Brown.

This done, the Court command the Serjeant at Arms to send for the Prisoner; and thereupon, Col. Thomlinson, who had the Charge of the Prisoner, with∣in a quarter of an hours space brought him, attended by Col. Hacker, and two and thirty Officers with Par∣tizans,

guarding him to the Court, his own Servants immediately attending him.

Being thus brought up in the Face of the Court, the Serjeant at Arms with his Mace receives him, and conducts him straight to the Bar, having a crimson Velvet Chair set before him. After a stern looking upon the Court and the People in the Galleries on each side of him, he places himself in the Chair, not at all moving his Hat, or otherwise shewing the least respect to the Court; but presently riseth up again, and turns about, looking downwards upon the Guards placed on the left side, and on the multitude of Spe∣ctators on the right side of the said great Hall, the Guard that attended him, in the mean time dividing themselves on each side the Court, and his own Ser∣vants following him to the Bar, stand on the left hand of the Prisoner.

The Prisoner having again placed himself in his Chair, with his Face towards the Court, and Silence being again ordered and proclaimed, the Lord President in the Name of the Court, addressed himself to the Prisoner, acquainting him, That the Commons of Eng∣land Assembled in Parliament, being deeply sensible of the Evils and Calamities that had been brought upon this Nation, and of the innocent Blood that had been spilt in it, which was fixed upon him as the principal Author of it, had resolved to make Inquisition for this Blood, and according to the Debt they did owe to God, to Justice, the Kingdom, and themselves, and according to that Fundamental Power that rested, and Trust reposed in them by the People, other Means failing through his Default, had resolved to bring him to Tryal and Judgment, and had therefore constituted that Court of Justice, before which he was then brought, where he was to hear his Charge, upon which the Court would proceed according to Justice.

Hereupon, Mr. Cooke, Sollicitor for the Common-wealth, standing within a Bar, with the rest of the Councel for the Common-wealth on the right hand of the Prisoner, offered to speak; but the Prisoner, having a Staff in his hand, held it up, and softly laid it upon the said Mr. Cooke's Shoulder two or three times, bidding him hold; nevertheless, the Lord Pre∣sident

ordering him to go on, Mr. Cooke did according to the Order of the Court, to him directed, in the Name, and on the behalf of the People of England, exhibit a Charge of High Treason, and other high Crimes, and did therewith accuse the said CHARLES STƲART King of England; praying in the Name, and on the behalf aforesaid, that the Charge might be accordingly received and read, and due Proceed∣ings had thereupon; and accordingly preferred a Charge in writing, which being received by the Court, and delivered to the Clerk of the Court, the Lord President in the Name of the Court ordered it should be read.

But the King interrupting the reading of it, the Court notwithstanding commanded the Clerk to read it, acquainting the Prisoner that if he had any thing to say after, the Court would hear him; whereupon the Clerk read the Charge, the Tenor whereof is as followeth, viz.

A Charge of High Treason, and other High Crimes Exhibited to the High Court of Justice by John Cooke Esq Sollicitor General, appointed by the said Court, for, and on the behalf of the People of England, against CHARLES STƲART King of England.

THat He the said CHARLES STUART, being admitted King of England, and therein trust∣ed with a limited Power to govern by, and according to the Laws of the Land, and not otherwise; and by his Trust, Oath and Office, being obliged to use the Power commit∣ted to him, for the Good and Benefit of the People, and for the Preservation of their Rights and Liberties; Yet nevertheless, out of a wicked Design to erect and uphold in himself an unli∣mited and Tyrannical Power to rule according to his Will, and to overthrow the Rights and Liberties of the People, yea to take away and make void the Foundations thereof, and of all redress

and remedy of misgovernment, which by the Fundamental Con∣stitutions of this Kingdom, were reserved on the Peoples behalf, in the Right and Power of frequent and successive Parliaments or National Meetings in Councel, He the said CHARLES STUART, for accomplishment of such his Designs, and for the Protecting of himself and his Adherents, in his and their wicked Practices, to the same Ends, hath Traiterously and Maliciously Levied War against the present Parliament, and the People therein represented; Particularly, upon or about the Thirtieth day of June, in the Year of our Lord 1642. at Be∣verley in the County of York; and upon or about the Thirti∣eth day of July in the Year aforesaid, in the County of the City of York; and upon or about the four and twentieth day of August in the same Year, at the County of the Town of Not∣tingham, where, and when he set up his Standard of War; and also on or about the twenty third day of Octob. in the same Year, at Edge-Hill and Keynton Field, in the County of Warwick; and upon or about the thirtieth day of Novem∣ber in the same Year, at Brainford in the County of Mid∣dlesex; and upon or about the thirtieth day of August, in the Year of our Lord 1643, at Caversham-Bridge near Reading in the County of Berks; and upon or about the thirtieth day of October in the Year last mentioned, at or near the City of Gloucester; and upon or about the thirtieth day of November in the Year last mentioned, at Newbury in the County of Berks; and upon or about the thirty first day of July in the Year of our Lord 1644. at Cropredy-Bridge in the County of Oxon; and upon or about the thir∣tieth day of September in the last Year mentioned, at Bod∣wyn and other Places near adjacent, in the County of Corn∣wall; and upon or about the thirtieth day of November in the Year last mentioned, at Newbury aforesaid; and upon or about the eighth day of June in the Year of our Lord 1645. at the Town of Leicester; and also upon the fourteenth day of the same Month in the same Year, at Nazeby-Field in the County of Northampton. At which several Times and Places, or most of them, and at many other Places in this Land, at several other times within the Years afore-mentioned; and in the Year of our Lord 1646. He the said CHARLES STUART hath caused and procured many Thousands of the free People of this Nation to be slain, and by Divisions,

Parties, and Insurrections within this Land, by Invasions from Foreign Parts, endeavoured and procured by him, and by ma∣ny other evil ways and means, He the said CHARLES STUART hath not only maintained and carried on the said War both by Land and Sea, during the Year before menti∣oned, but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation, in this present Year 1648. in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and Places in England and Wales; and also by Sea. And par∣ticularly He the said CHARLES STUART hath for that purpose given Commission to his Son the Prince, and others, whereby, besides multitudes of other Persons, many such as were by the Parliament intrusted and employed for the safety of the Nation (being by him or his Angels corrupted to the betraying of their Trust, and revolting from the Parliament) have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People, as aforesaid; By which cruel and unnatural Wars by him the said CHARLES STUART Levied, Continued and Renewed as aforesaid, much innocent Blood of the free People of this Nation hath been spilt, many Families have been undone, the Publick Treasury wasted and exhausted, Trade obstructed, and miserably decayed, vast Expence and Dammage to the Nation incurred, and many parts of this Land spoiled, some of them even to desolation. And for further Prosecution of his said evil Designs, He the said CHARLES STUART doth still continue his Commissions to the said Prince, and other Rebels and Revolters both English and Foreigners, and to the E. of Ormond, and to the Irish Re∣bels and Revolters associated with him; from whom further Invasions upon this Land are threatned, upon the procurement and on the behalf of the said CHARLES STUART.

All which wicked Designs, Wars and evil Practices of him the said CHARLES STƲART, have been, and are carried on for the advancement and upholding of a Perso∣nal Interest of Will and Power, and pretended Prerogative to himself and his Family, against the Publick Interest, Com∣mon Right, Liberty, Justice and Peace of the People of this Nation, by and for whom he was intrusted as aforesaid.

By all which it appeareth, that He the said CHARLES STƲART hath been, and is the Occasioner, Author, and Con∣tinuer of the said unnatural, cruel and bloody Wars, and there∣in guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Dammages and Mischiefs to this Nation acted and committed in the said Wars, or occasioned thereby.

And the said John Cooke by Protestation saving on the behalf of the said People of England, the liberty of exhibiting at any time hereafter any other Charge against the said CHARLES STƲART, and also of replying to the Answers which the said CHARLES STƲART shall make to the Premises, or any of them, or any other Charge that shall be so exhibited, doth for the said Treasons and Crimes, on the behalf of the said People of England, impeach the said CHARLES STƲART, as a Tyrant, Traytor, Murderer, and a Publick and implacable Enemy to the Commonwealth of England, and pray that the said CHARLES STƲART King of England, may be put to answer all and eve∣ry the Premises, and that such Proceedings, Exami∣nations, Trials, Sentences and Judgments may be thereupon had, as shall be agreeable to Justice.

Subscribed, John Cooke.

The Prisoner, while the Charge was reading, sate down in his Chair, looking sometimes on the High Court, and sometimes on the Galleries, and rose again, and turned about to behold the Guards & Spectators, and after sate down looking very sternly, and with a Countenance not at all moved, till these words, viz. CHARLES STƲART to be a Tyrant, Traytor, &c. were read; at which he laughed as he sate in the face of the Court.

The Charge being read, the Lord President, in the Name of the Court, demanded the Prisoner's An∣swer thereto.

But the Prisoner declining that, fell into a Dis∣course of the late Treaty in the Isle of Wight, and de∣manded,

By what lawful Authority he was brought from the Isle thither? upbraiding the Court with the many un∣lawful Authorities in the World, instancing in Rob∣bers and takers of Purses, pleading his Kingship, and thereby a Trust committed to him by God, by descent, which he should betray, together with the Liberties of the People, in case he should answer to an unlaw∣ful Power, which he charged the Court to be, and that they were raised by an Ʋsurped Power; and affirmed, that He stood more for the Liberties of the People, than any of the Judges there sitting, and again demanded, by what Authority he was brought thither?

To which it was replied by the Court, That had he been pleased to have observed what was declared to him by the Court at his first coming, and the Charge which he had heard read unto him, he might have informed himself by what Authority he was brought before them; namely, By the Au∣thority of the Commons of England Assembled in Parlia∣ment, on the behalf of the People of England: and did therefore again several times advise him to consider of a better Answer; which he refused to do, but persisted in his Contumacy. Whereupon, the Court at length told him, That, they did expect from him a Positive An∣swer to the Charge; affirming their Authority, and gi∣ving him to understand, that they were upon God's and the Kingdom's Errand, and that the Peace stood for, would be better had and kept when Justice was done, and that was their present Work; and advised him seriously to consider what he had to do at his next appearance; which was declared should be upon Monday following, and so remanded him to his former Custody.

The Prisoner all the time having kept on his Hat, departed, without shewing any the least respect to the Court; but going out of the Bar, said, He did not fear that Bill; pointing to the Table where the Sword and Charge lay.

The Prisoner being withdrawn, three Proclama∣tions were made, and the Court Adjourned it self to the Painted Chamber on Monday Morning then next, at Nine of the Clock; declaring, that from thence they intended to Adjourn to the same Place again.

But that the Reader may have the entire Relation of this deplorable Tragedy, I have from the most Authentick Prints inserted at large the interlocutory Passages between the King and Bradshaw, of which Mr. Phelpes in his Journal, gives only a succinct Account; which take as follows:

His Majesty with his wonted Patience, heard all these Slanders and Reproaches, sitting in the Chair, and looking sometimes on the Pretended Court, sometimes up to the Galleries, and ri∣sing again, turned about to behold the Guards and Spectators; then he sate down with a Majestick and unmoved Countenance, and sometimes smiling, especially at those Words [Tyrant, Traytor,] and the like.

Also the Silver Head of his Staff happened to fall off, at which he wondered; and seeing none to take it up, He stooped for it himself.

The Charge being read, Bradshaw began.

Sir, You have now heard your Charge read, con∣taining such Matters as appear in it: You find that in the Close of it, it is prayed to the Court, in the behalf of the Commons of England, that you Answer to your Charge: The Court expects your Answer.

King.

I would know by what Power I am called hither. I was not long ago in the Isle of Wight, how I came there, is a longer Story than I think is fit at this time for Me to speak of: but there I entred into a Treaty with both Houses of Parlia∣ment, with as much Publick Faith as its possible to be had of any People in the World, I Treated there with a number of Honourable Lords and Gentlemen, and Treated honestly and uprightly; I cannot say but they did very Nobly with Me: We were upon a Conclusion of the Treaty. Now I would know by what Authority (I mean Lawful; There are ma∣ny Ʋnlawful Authorities in the World; Thieves and Rob∣bers by the High-ways: but I would know by what Authori∣ty) I was brought from thence, and carried from place to

place, and I know not what. And when I know by what Lawful Authority, I shall Answer.

Remember, I am your King, your Lawful King, and what Sins you bring upon your heads, and the Judgment of God up∣on this Land. Think well upon it, I say, think well upon it, before you go further from one Sin to a greater. Therefore let me know by what lawful Authority I am seated here, and I shall not be unwilling to answer. In the mean time, I shall not be∣tray my Trust; I have a Trust committed to me by God, by old and lawful Descent, I will not betray it, to answer to a new unlawful Authority: Therefore resolve me that, and you shall hear more of me.

Bradshaw.

If you had been pleased to have observed what was hinted to you by the Court at your first coming hither, you would have known by what Au∣thority; which Authority requires you in the Name of the People of England, of which you are Elected King, to Answer.

King.

No, Sir, I deny that.

Bradshaw.

If you acknowledge not the Authority of the Court, they must proceed.

King.

I do tell them so: England was never an Elective Kingdom, but an Hereditary Kingdom for near these thousand Years: Therefore let me know by what Authority I am called hither. I do stand more for the Liberty of my People, than any here that come to be my pretended Judges; and therefore let me know by what lawful Authority I am seated here, and I will Answer it, otherwise I will not answer it.

Bradshaw.

Sir, How really you have managed your Trust, is known; your way of Answer is to inter∣rogate the Court, which beseems not you in this con∣dition. You have been told of it twice or thrice.

King.

Here is a Gentleman, Lieut. Col. Cobbet, ask him if he did not bring me from the Isle of Wight by force. I do not come here as submitting to the Court.

I will stand as much for the Priviledge of the House of Com∣mons, rightly understood, as any man here whatsoever: I see no House of Lords here, that may constitute a Parliament; and the King too should have been.

Is this the bringing of the King to his Parliament? Is this the bringing an end to the Treaty in the Publick Faith of the World?

Let me see a Legal Authority warranted by the Word of God, the Scriptures, or warranted by the Constitutions of the King∣dom, and I will answer.

Bradshaw.

Sir, You have propounded a Question, and have been answered. Seeing you will not answer, the Court will consider how to proceed. In the mean time, those that brought you hither, are to take Charge of you back again.

The Court desires to know whether this be all the Answer you will give, or no.

King.

Sir, I desire that you would give me and all the World satisfaction in this. Let me tell you, It is not a slight thing you are about. I am sworn to keep the Peace, by that Duty I owe to God and my Country; and I will do it to the last breath of my Body. And therefore you shall do well to satisfie, first, God, and then the Country, by what Authority you do it. If you do it by an Ʋsurped Authority, you cannot answer it: There is a God in Heaven that will call you, and all that give you Power, to account. Satisfie me in that, and I will answer; otherwise I betray my Trust, and the Liberties of the People: And therefore think of that, and then I shall be wil∣ling: For I do avow, That it is as great a Sin to withstand Lawful Authority, as it is to submit to a Tyrannical, or any other ways Ʋnlawful Authority. And therefore satisfie God, and Me, and all the World in that, and you shall receive my Answer. I am not afraid of the Bill.

Bradshaw.

The Court expects you should give them a final Answer. Their Purpose is to Adjourn till Monday next: If you do not satisfie your self, though we do tell you our Authority, we are satisfied with our Authority; and it is upon God's Authority and the Kingdoms; and that Peace you speak of, will be kept in the doing of Justice, and that's our present Work.

King.

For Answer, Let me tell you, you have shewn no Lawful Authority to satisfie any reasonable man.

Bradshaw.

That's in Your Apprehension; We are satisfied that are your Judges.

King.

'Tis not My Apprehension, nor Yours neither, that ought to decide it.

Bradshaw.

The Court hath heard you, and you are to be disposed of as they have commanded.

So commanding the Guard to take him away, His Majesty only replied, Well, Sir.

And at his going down, pointing with his Staff to∣ward the * 4.1 Axe, He said, I do not fear that.

As He went down the Stairs, the People in the Hall cried out, God save the King; notwithstanding some were set there by the Faction to lead the Cla∣mour for Justice.

Painted Chamber, 22 Jan. 1648. Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...William Say.
• ...John Downs.
• ...Edward Whaley.
• ...Francis Allen.
• Sir Tho. Maleverer, Bar.
• ...Valentine Wauton.
• ...Peter Temple.
• ...John Fry.
• ...Thomas Scot.
• ...Henry Smith.
• ...Thomas Pride.
• ...Augustine Garland.
• ...John Venn.
• Sir John Bourchier.
• ...William Purefoy.
• Sir William Constable, Bar.
• Isaac Pennington Ald. of Lond.
• ...Thomas Harrison.
• ...Edmund Harvey.
• ...John Hutchinson.
• ...Oliver Cromwell.
• Thomas Lord Grey of Groby.
• Sir Gregory Norton, Bar.
• ...Robert Wallop.
• ...James Temple.
• ...Owen Roe.
• ...Richard Deane.
• ...William Goffe.
• ...Francis Lassels.
• ...Edmond Ludlow.
• ...William Cawley.
• ...Gilbert Millington.
• Sir Hardress Waller.
• ...Anthony Stapeley.
• ...John Jones.
• ...Nicholas Love.
• ...John Carew.
• Tho. Andrews, Ald. of Lond.
• ...Isaac Ewers.
• ...John Huson.
• ...Cornelius Holland.
• ...Humphrey Edwards.
• ...Vincent Potter.
• ...John Okey.
• ...John Blackistone.
• ...Thomas Hammond.
• ...Daniel Blagrave.
• ...William Heveningham.
• Sir Michael Livesey.
• ...John Berkstead.
• ...Peregrine Pelham.
• ...John Downes.
• ...

• ...Adrian Scroope.
• ...John Dixwell.
• ...John Moore.
• ...* 4.2Robert Tichbourne.
• ...James Challoner.
• ...Gregory Clement.
• William L. Mounson.
• ...Henry Marten.
• ...Tho. Challoner.

Here the Court sit private.

Ordered, That the Committee for nominating the Officers of this Court, together with the Committee for nominating the Guards, do consider of an Allowance for Diet of the Officers, and what other satisfaction they shall have for their Ser∣vice.

Col. Harvey informeth the Court, That he was de∣sired to signifie unto this Court, in the behalf of Mr. John Corbet, Member of this Court, that his absence is not from any disaffection to the Proceedings of this Court, but in regard of other especial Employment that he hath in the Service of the State.

Here the Court considered of the King's Carriage on the Saturday before, and of all that had then pas∣sed on the Courts behalf, and approved thereof, as agreeing to their Sense and Directions; and perceiv∣ing what the King aimed at, (viz) to bring in que∣stion (if he could) the Jurisdiction of the Court, and the Authority whereby they sate; and considering that he had not in the interim acknowledged them in any sort to be a Court, or in any Judicial capacity to determine of his Demand and Plea, and that through their sides he intended to wound (if he might be per∣mitted) the Supream Authority of the Commons of Eng∣land, in their Representative; The Commons Assembled in Parliament, after Advice with their Councel Learned in both Laws, and mature Deliberation had of the Matter,

Resolved, That the Prisoner should not be suffered to bring these things in question which he aimed at, touching that Highest Jurisdiction, whereof they might not make themselves Judges, and from which there was no Appeal. And therefore Order and Di∣rect, viz.

Ordered, That in case the King shall again offer to fall in∣to that Discourse, the Lord President do let him know, That the Court have taken into consideration his Demands of the last Day, and that he ought to rest satisfied with this Answer, That the Commons of England Assembled in Parliament, have Constituted this Court; whose Power may not, nor should not be permitted to be disputed by him, and that they were resolved he should answer his Charge.

That, in case he shall refuse to Answer, or acknowledge the Court, the Lord President do let him know, that the Court will take it as a Contumacy, and that it shall be so Re∣corded.

That, in case he shall offer to Answer with a Saving Not∣withstanding of his pretended Prerogative, That the Lord President do in the Name of the Court refuse his Protest, and require his Positive Answer to the Charge.

That, in case the King shall demand a Copy of the Charge, that he shall then declare his intention to Answer; and that declaring such his intention, a Copy be granted unto him.

That, in case the King shall still persist in his Contempt, the Lord President do give Command to the Clerk to demand of the King in the Name of the Court, in these Words follow∣ing, viz.

CHARLES STUART, King of England, You are accused in the behalf of the People of England, of diverse High Crimes and Treasons; which Charge hath been read unto You; The Court requires you to give a Positive An∣swer, whether You confess or deny the Charge, having deter∣mined, that You ought to Answer the same.

Ordered, That the Commissioners shall be called in open Court, at the Courts Sitting in the Hall, and that the Names of such as appear shall be Recorded.

Hereupon, the Court forthwith Adjourned it self into Westminster-Hall.

Westminster-Hall, 22 Jan. 1648. Post Merid.

The Commissioners coming from the Painted Cham∣ber, take their Place in the Publick Court in Westmin∣ster-Hall, as on Saturday before; and being sate, and the Hall Doors set open,

Three Proclamations are made, for all Persons that were Adjourned over to this time, to give their Attendance, and for all Persons to keep Silence, upon pain of Imprisonment.

The Court is thereupon called.

Commissioners Present in Westminster-Hall, 22 Jan. 1648.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...William Say.
• ...John Lisle.
• ...Oliver Cromwell,
• ...Henry Ireton.
• Sir Hardress Waller.
• ...Valentine Wauton.
• ...Tho. Harrison.
• ...Edward Whaley.
• ...Thomas Pride.
• ...Isaac Ewer.
• Tho. Lord Grey of Groby.
• William L. Mounson.
• Sir John Danvers.
• Sir Thomas Maleverer, Baronet.
• Sir John Bourchier, Kt.
• ...Edmund Ludlow.
• ...John Huson.
• ...William Goffe.
• ...Cornelius Holland.
• ...John Carew.
• ...Robert Lilbourne.
• ...John Jones.
• ...Francis Allen.
• ...Peregrine Pelham.
• ...Thomas Challoner.
• ...John Moore.
• ...John Aldred.
• ...Francis Lassels.
• ...Henry Smith.
• ...James Challoner.
• ...Gregory Clement.
• ...John Fry.
• ...Thomas Wogan.
• ...Peter Temple.
• ...Robert Wallop.
• ...William Heveningham.
• Isaac Pennington, Ald. of Lond.
• ...Henry Martin.
• ...William Purefoy.
• ...John Berkstead.
• ...William Tomlinson.
• ...John Blakistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Adrian Scroope.
• ...John Deane.
• ...John Okey.
• ...John Hutchinson.
• Sir Gregory Norton, Bar.
• ...

• ...Edmond Harvey.
• ...John Venn.
• ...Thomas Scot.
• Tho. Andrews, Ald. of Lond.
• ...William Cawley.
• ...Anthony Stapeley.
• ...John Downes.
• ...Thomas Horton.
• ...Thomas Hammond.
• ...Nicholas Love.
• ...Vincent Potter.
• Sir Gilbert Pickering, Bar.
• ...Augustine Garland.
• ...John Dixwell.
• ...James Temple.
• ...Daniel Blagrave.* 4.3
• ...Humphrey Edwards.

The Court being called, the Serjeant is commanded to fetch his Prisoner.

The King is again brought Prisoner to the Bar, as on Saturday before; Proclamation is made for Silence, whilst Pleas of the Commonwealth were in hand, and Order given to the Captain of the Guard to take in∣to his Custody such as should disturb the Court.

Mr. Sollicitor moved the Court, that the Prisoner might give a Positive Answer to his Charge, or other∣wise that the Court would take the Matter of it pro Confesso, and proceed thereupon according to Justice; which being pressed by the Court upon the Prisoner, and their Judgment again made known unto him, That he was to Answer his Charge, otherwise that his Contumacy would be recorded.

The Prisoner, that notwithstanding, still insisted upon his former Plea, and that the Court had no Power, nor the Commons of England, who had consti∣tuted it, to proceed against him; upon which, the Clerk of the Court, by Command, and according to former Order, required his Answer in the Form pre∣scribed: and the Prisoner still refusing to submit thereto, his Default and Contempt were again Re∣corded, the Prisoner remanded, and the Court Ad∣journed it self till the next day, being Tuesday, at Twelve of the Clock, to the Painted Chamber; withal, giving Notice, that from thence they intended to Adjourn to this Place again.

Sunday having been spent in Fasting and Seditious Preaching, according to the Mode of these Impious Hypocrites, who used to Preface Rebellion and Mur∣der

with the Appearance of Religion; the Illustri∣ous Sufferer was (as is before in Phelpe's Journal re∣lated) placed before the infamous Tribunal; vvhere their Mercenary Sollicitor Cooke opened the Tragick Scene thus, displaying his Talents of Impudence and Treason.

Cooke.

May it please your Lordship, my Lord President, I did at the last Court, in the behalf of the Commons of England, exhibit and give in to this Court a Charge of High Treason, and other High Crimes against the Prisoner at the Bar; whereof I do accuse him in the Name of the People of England; and the Charge was read unto him, and his An∣swer required. My Lord, He was not pleased to give an An∣svver; but instead of ansvvering, did there dispute the Au∣thority of this High Court. My Humble Motion to this High Court, in the behalf of the Kingdom of England, is, That the Prisoner may be directed to make a Positive An∣svver, either by vvay of Confession or Negation; vvhich, if he shall refuse to do, that then the Matter of Charge may be taken pro confesso, and the Court may proceed according to Justice.

Bradshavv.

Sir, You may remember, at the last Court you vvere told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason, and other High Crimes against this Realm of England; you have heard likewise that it was prayed in the behalf of the People, that you should give an Answer to that Charge, that thereupon such Proceedings might be had, as should be agreeable to Justice: You were then pleased to make some Scruples concerning the Authority of this Court, and knew not by what Au∣thority you were brought hither: You did divers times propound your Questions, and were as often answered, That it was by Authority of the Commons of England Assembled in Parliament, that did think fit to call you to Account for those High and Capital Misdemeanors wherewith you were then charged.

Since that, the Court hath taken into consideration

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

King.

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

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

All Proceedings against any Man whatsoever—

Bradshaw.

Sir, I must interrupt you; vvhich I vvould not do, but that vvhat you do, is not agreea∣ble to the Proceedings of any Court of Justice. You are about to enter into Argument and Dispute con∣cerning the Authority of this Court, before vvhom you appear as a Prisoner, and are charged as an high

Delinquent: If you take upon you to dispute the Authority of the Court, we may not do it, nor will any Court give way unto it; you are to submit unto it, you are to give a punctual and direct Answer, whe∣ther you will answer your Charge or no, and what your Answer is.

King.

Sir, By your favour, I do not know the Forms of Law; I do know Law and Reason, though I am no Lawyer professed: But I know as much Law as any Gentleman in Eng∣land, and therefore, under favour, I do plead for the Liber∣ties of the People of England more than you do; and there∣fore if I should impose a Belief upon any man without Reasons given for it, it were unreasonable: But I must tell you, that by that Reason that I have, as thus informed, I cannot yield un∣to it.

Bradshaw.

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

Sir, The Vote of the Commons of England Assem∣bled in Parliament, it is the Reason of the Kingdom; and they are these too that have given that Law ac∣cording to which you should have Ruled and Reign∣ed. Sir, You are not to dispute our Authority, you are told it again by the Court; Sir, it will be taken notice of, that you stand in contempt of the Court, and your contempt will be recorded accordingly.

King.

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

Bradshaw.

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

King.

I deny that; shew me one Precedent.

Bradshaw.

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

King.

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

Bradshaw.

Sir, You are not to be permitted to go on in that Speech, and these Discourses.

Then the Clerk of the Court read,

CHARLES STƲART, King of England, You have been accused on the behalf of the People of England, of High Treason, and other High Crimes; the Court have determined that you ought to Answer the same.

King.

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

Bradshaw.

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

King.

I do require that I may give in my Reasons why I do not Answer; and give Me time for that.

Bradshaw.

Sir, 'Tis not for Prisoners to require.

King.

Prisoners, Sir! I am not an ordinary Prisoner.

Bradshaw.

The Court hath considered of their Juris∣diction, and they have already affirmed their Juris∣diction: If you will not answer, we will give Or∣der to Record your Default.

King.

You never heard my Reasons yet.

Bradshaw.

Sir, Your Reasons are not to be heard against the highest Jurisdiction.

King.

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

Bradshaw.

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

King.

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

Bradshaw.

Serjeant, Take away the Prisoner.

King.

Well, Sir, Remember that the King is not suf∣fered to give in his Reasons for the Liberty and Freedom of all his Subjects,

Bradshaw.

Sir, You are not to have Liberty to use this Language. How great a Friend you have been to the Laws and Liberties of the People, let all Eng∣land and the World judge.

King.

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

Bradshaw.

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

King.

Well, Sir.

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

The King was Guarded forth to Sir Robert Cotton's House.

The Court Adjourned to the Painted Chamber on Tuesday at Twelve of the Clock, and from thence they intend to Adjourn to Westminster-Hall, at which time all Persons concerned are to give their Attendance.

His Majesty not being suffered to deliver his Rea∣sons against the Jurisdiction of their Pretended Court, by word of Mouth, thought fit to leave them in Writing to the more impartial Judgment of Posterity, as followeth;

HAving already made my Protestations, not only against the Illegality of this Pretended Court, but also, That no Earthly Power can justly call Me (who am your King) in question, as a Delinquent; I would not any more open My Mouth upon this Occasion, more than to refer my self to what I have spoken, were I in this Case alone concerned: But the Duty I owe to God in the Pre∣servation of the True Liberty of My People, will not suffer Me at this time to be silent: For, how can any Free-born Subject of England call Life or any thing he possesseth, his own, if Power without Right, dayly make New, and abro∣gate the Old Fundamental Law of the Land? Which I now take to be the present Case. Wherefore, when I came hither, I expected that you would have endeavoured to have satisfied Me concerning these Grounds which hinder Me to answer to your Pretended Impeachment: But since I see that nothing I can say, will move you to it (though Negatives are not so naturally proved as Affirmatives) yet I will shew you the Reason why I am confident you cannot Judge Me, nor indeed the meanest Man in England: For I will not (like you) without shewing a Reason, seek to impose a Belief upon My Subjects.

There is no Proceeding just against any man,* 4.4 but what is vvar∣ranted either by God's Laws, or the Municipal Laws of the Countrey where he lives. Now I am most confident, This Days Proceeding cannot be warranted by God's Law; for, on the con∣trary, The Authority of Obedience unto Kings, is clearly war∣ranted, and strictly commanded both in the Old and New Te∣stament; which, if denied, I am ready instantly to prove.

And for the Question now in hand, there it is said, That, Where the Word of a King is, There is Power; and who may say unto Him, What dost Thou? Eccl.

8.4. Then for the Law of this Land, I am no less confident, That no Learned Lawyer will affirm, That, An Impeach∣ment can lie against the King; they all going in His Name: And one of their Maxims is, That, The King can do no Wrong. Besides, The Law upon which you ground your Proceedings, must either be Old or New; if Old, shew it; if New, tell what Authority warranted by the Fun∣damental Laws of the Land hath made it, and when. But how the House of Commons can erect a Court of Judica∣ture, which was never one it self, (as is well knovvn to all Lavvyers) I leave to God and the World to judge: And it vvere full as strange, that they should pretend to make Laws vvithout King or Lords House, to any that have heard speak of the Lavvs of England.

And admitting, but not granting, That the People of Eng∣land's Commission could grant your Pretended Power, I see nothing you can shew for that; for certainly you never asked the Question of the Tenth Man in the Kingdom; and in this way you manifestly wrong even the Poorest Ploughman, if you demand not his free Consent; nor can you pretend any colour for this your Pretended Commission, vvithout the Consent at least of the Major Part of every Man in Eng∣land, of vvhatsoever Quality or Condition, vvhich I am sure you never vvent about to seek; so far are you from having it. Thus you see that I speak not for My ovvn Right alone, as I am your King, but also for the true Liberty of all My Subjects; vvhich consists not in the Power of Govern∣ment, but in Living under such Laws, such a Go∣vernment, as may give themselves the best Assurance of their Lives, and Property of their Goods. Nor in this, must, or do I forget the Privileges of Both Houses of Parliament; vvhich this Days Proceedings do not only violate, but likevvise occasion the greatest Breach of their Publick Faith, that (I believe) ever vvas heard of; with which I am far from Charging the Two Houses; for all Pretended Crimes laid against Me, bear Date long before this Treaty at Newport; in which, I having conclu∣ded as much as in Me lay, and hopefully expecting the Houses Agreement thereunto, I was suddenly surprized, and hurried from thence as a Prisoner; upon which account I am against My Will brought hither; vvhere, since I am come, I

cannot but to My Power defend the Ancient Laws and Liber∣ties of this Kingdom, together with My own just Right. Then, for any thing I can see, the Higher House is totally ex∣cluded. And for the House of Commons, it is too well known that the Major part of them are detained or deterred from Sit∣ting; so as, if I had no other, this were sufficient for Me to protest against the Lawfulness of your Pretended Court. Besides all this, the Peace of the Kingdom is not the least in My Thoughts; and what hopes of Settlement is there, so long as Power reigns without Rule or Law, changing the whole Frame of that Government under which this Kingdom hath flourished for many hundred Years? (nor will I say what will fall out, in case this lawless, unjust Proceeding against Me, do go on.) And believe it, the Commons of England will not thank you for this Change; for they will remember how happy they have been of late Years under the Reign of Queen Elizabeth, the King My Father, and My Self, until the beginning of these unhappy Troubles, and will have cause to doubt that they shall never be so happy under any New. And by this time it will be too sensibly evident, that the Arms I took up, were only to defend the Fundamental Laws of this King∣dom, against those who have supposed My Power hath totally changed the Ancient Government.

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

This I intended to speak in Westminster-Hall on Mon∣day, January 22. but against Reason, was hindred to shew my Reasons.

Painted Chamber, Martis, 23 Jan. 1648.

Three Proclamations are made, and all Parties con∣cerned required to give their Attendance.

Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...John Lisle.
• ...William Say.
• Sir James Harrington, Kt.
• ...Francis Allen.
• ...Henry Marten.
• ...Thomas Scot.
• Sir Hardress Waller.
• ...Edm. Whalley.
• ...John Venn.
• ...Richard Deane.
• ...John Huson.
• Thomas Lord Grey of Groby.
• ...William Purefoy.
• ...Daniel Blagrave.
• Isaac Pennington Ald. of Lond.
• ...Thomas Harrison.
• ...Adrian Scroope.
• ...Robert Lilbourne.
• Sir Gregory Norton.
• ...Cornelius Holland.
• ...William Cawley.
• ...Augustine Garland.
• ...Nicholas Love.
• ...Tho. Hamond.
• ...John Moore
• ...Edmond Harvey.
• ...Thomas Pride.
• ...* 4.5Henry Smith.
• ...Thomas Challoner.
• ...Miles Corbet.
• ...John Okey.
• Sir William Constable, Bar.
• ...Gilbert Millington.
• ...Humphrey Edwards.
• ...Anthony Stapeley.
• ...Robert Tichbourne.
• Sir John Danvers.
• ...Simon Meyne.
• ...Vincent Potter.
• ...Oliver Cromwell.
• ...Edmond Ludlow.
• ...John Blackistone.
• Sir Henry Mildmay.
• ...John Hutchinson.
• ...Peter Temple.
• ...Henry Ireton.
• Sir Michael Livesey, Bar.
• ...John Jones.
• ...James Temple.
• ...Isaac Ewers.
• Sir John Bourchier.
• ...John Fry.
• Sir Tho. Maleverer, Bar.
• ...Gregory Clement.
• ...John Carew.
• Tho. Andrews, Ald. of Lond.
• ...John Dixwell.
• Sir Gilbert Pickering, Bar.
• ...William Heveningham.
• ...Valentine Wauton.
• ...John Downs.
• ...Owen Roe.

Here the Court sate private.

And taking into consideration the Proceeding of the last Court the last day, fully approved of what

in their behalf had been then said and done; and likewise taking into consideration the Demeanor of the King at the said Court, have notwithstanding re∣solved to try him once more, whether he will own the Court; and to that purpose,

Ordered, That the Lord President do acquaint the King, in case he shall continue contumacious, that he is to expect no further time; and that the Lord President do therefore in the Name of the Court, require his Positive and Final Answer; and if he shall still persist in his obstinacy, that the Lord President give Command to the Clerk to read as followeth, viz.

CHARLES STƲART King of England, you are accused on the behalf of the People of England, of divers High Crimes and Treasons; which Charge hath been read unto you: The Court now requires you to give your final and positive Answer by way of Confession or Denial of the Charge.

Nevertheless, if the King should submit to answer, and desire a Copy of his Charge, that it be granted him by the Lord President; notwithstanding, giving him to know, That the Court might in Justice forth∣with proceed to Judgment for his former Contuma∣cy and Failer to Answer, and that he be required to give his Answer to the said Charge the next day at One of the Clock in the Afternoon. Whereupon,

The Court Adjourned to Westminster-Hall forth∣with.

Westminster-Hall, 28 Jan. 1648. Post Merid.

Three Proclamations being made, and Attendance and Silence commanded as formerly, The Court is thereupon called.

Commissioners present.

• * 4.6John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...Oliver Cromwell.
• ...Henry Ireton.
• Sir Hardress Waller.
• ...Valentine Wauton.
• ...Tho. Harrison.
• ...Edward Whalley.
• ...Thomas Pride.
• ...Isaac Ewer.
• ...Henry Martin.
• ...William Purefoy.
• ...John Berkstead.
• ...John Blakistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• ...Edmond Ludlow.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Robert Lilbourne.
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Okey.
• ...John Huson.
• ...William Goffe.
• ...Cornelius Holland.
• ...John Carew.
• ...John Jones.
• ...Miles Corbet.
• ...Francis Allen.
• ...Peregrine Pelham.
• ...Tho. Challoner.
• ...John Moore.
• ...William Say.
• ...John Dixwell.
• Sir Henry Mildmay, Kt
• Tho. Lord Grey of Groby.
• William L. Mounson.
• Sir John Danvers.
• Sir Thomas Maleverer, Bar.
• Sir John Bourchier, Kt.
• Sir James Harrington, Kt.
• ...Robert Wallop.
• ...William Heveningham.
• Isaac Pennington, Ald. of Lond.
• ...John Aldred.
• ...Henry Smith.
• ...James Temple.
• ...Peter Temple.
• ...Daniel Blagrave.
• ...Humphrey Edwards.
• ...Gregory Clement.
• ...John Fry.
• ...Thomas Wogan.
• Sir Gregory Norton.
• ...Edmond Harvey.
• ...John Venn.
• ...Thomas Scot.
• Tho. Andrews, Ald. of Lond.
• ...William Cawley.
• ...Anthony Stapeley.
• ...John Downes.
• ...Thomas Horton.
• ...Thomas Hammond.
• ...John Lisle.
• ...Nicholas Love.
• ...Vincent Potter.
• Sir Gilbert Pickering, Bar.
• ...Augustine Garland.
• ...Simon Meyne.

The Court being called, the Serjeant is required to send for the Prisoner, who was accordingly brought to the Bar, where he took his Seat as formerly. Pro∣clamation is thereupon made for Silence, while the Pleas of the Commonwealth are in hand, and the Cap∣tain of the Guard commanded by Proclamation, to take into custody all that shall disturb the Proceed∣ings of the Court.

Mr. Sollicitor Cooke addressing himself to the Court, repeated the former Delays and Contempts of the Prisoner, so as that no more needed on his part, but to demand Judgment; yet offered notwithstanding the Notoriety of the Facts charged, mentioned in the Commons Act, appointing the Tryal, to prove the Truth of the same by Witnesses, if thereto requi∣red; and therefore prayed, and yet (he said) not so much he, as the innocent Blood that had been shed, the cry whereof was very great, that a speedy Sen∣tence and Judgment might be pronounced against the Prisoner at the Bar according to Justice.

Hereupon the Court putting the Prisoner in mind of former Proceedings, and that although by the Rules of Justice, if Advantage were taken of his past Contempts, nothing would remain but to pro∣nounce Judgment against him, they had nevertheless determined to give him leave to Answer his Charge; which, as was told him in plain terms (for Justice knew no respect of Persons) to plead Guilty or Not Guilty thereto.

To which he made Answer as formerly, That he would not acknowledge the Jurisdiction of the Court, and that it was against the Fundamental Laws of the Kingdom; that there was no Law to make a King a Prisoner; that he had done nothing against his Trust; and issued out into such like Discourses.

Upon which, the Courts Resolution was again re∣membred to him, and he told, That he had now the third time publickly disowned and affronted the Court; That, how good a Preserver he had been of the Fundamental Laws, and Freedoms of the Peo∣ple,

his Actions had spoken; that mens Intentions were used to be shewed by their Actions, and that he had written his Meaning in bloody Characters throughout the Kingdom, and that he should find at last, though at present he would not understand it, that he was before a Court of Justice.

Hereupon, in the manner appointed, the Clerk in the Name of the Court demanding the Prisoners Answer to his Charge, and the same refused, the Default was Recorded, the Prisoner remanded, and the Court Adjourned to the Painted Chamber.

Painted Chamber.

The Court according to their former Adjourn∣ment from Westminster-Hall, came together from thence into the Painted Chamber, where they sate pri∣vately; and Ordered as followeth,

Ordered, That no Commissioner ought, or shall depart from the Court, without the special leave of the said Court.

This Court took into consideration the managing of the Business of the Court this day, in the Hall, and the King's Refusal to Answer, notwithstanding he had been three several times demanded and requi∣red thereunto, and have thereupon fully approved of what on the Courts part had then passed, and Re∣solved,

That, Notwithstanding the said Contumacy of the King, and refusal to plead, which in Law amounts to a standing mute, and tacit Confession of the Charge, and notwithstanding the Notoriety of the Fact charged, the Court would neverthe∣less however examine Witnesses, for the further and clearer satisfaction of their own Judgments and Consciences; the manner of whose Examination was referred to further Con∣sideration the next Sitting, and Warrants were accordingly issued forth for summoning of Witnesses.

Mr. Peters moveth the Court as a Messenger from the King, viz. That the King desires he might speak with his Chaplains that came unto him privately; but the House of Commons having taken that into

their Consideration, the Court conceived it not pro∣per for them to intermeddle therein.

The Court Adjourned it self till Nine of the Clock to morrow morning, to this Place.

What passed in the Hall more at large than is related by Phelpes in this Days Transactions, see in the fol∣lowing Discourse.

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

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

Cooke. May it please your Lordship, My Lord President, This is now the third time, that, by the great Grace and Fa∣vour of this High Court, the Prisoner hath been brought to the Bar, before any Issue joyned in the Cause. My Lord, I did at the first Court exhibit a Charge against him, containing the Highest Treason that ever was wrought upon the Theatre of England, That, a King of England, trusted to keep the Law, that had taken an Oath so to do, that had Tribute paid him for that end, should be guilty of a wicked Design to subvert and destroy our Laws, and introduce an Arbitrary and Tyrannical Government, in the defiance of the Parliament and their Autho∣rity, set up his Standard for War against the Parlia∣ment and People; and I did humbly pray, in the behalf of the People of England, that he might speedily be required to make an Answer to the Charge.

But, My Lord, instead of making any Answer, he did then dispute the Authority of this High Court. Your Lordship was pleased to give him a further day to consider, and to put in his Answer; which day being Yesterday, I did humbly move, that he might be required to give a direct and positive Answer, either by Denying or Confession of it: But, my Lord, he was then pleased for to Demur to the Jurisdiction of the Court; which the Court did then over-rule, and command him to give a direct and positive Answer.

My Lord, Besides this great Delay of Justice, I shall now humbly move your Lordship for speedy Judgment against him. My Lord, I might press your Lordship upon the whole, That according to the known Rules of the Law of the Land, That, if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable Plea, Guilty or Not Guilty of the Charge given against him, where∣by he may come to a fair Tryal, that as by an implicite Confession it may be taken pro confesso, as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done: But besides, My Lord, I shall hum∣bly press your Lordship upon the whole Fact. The House of Commons, the Supreme Authority and Jurisdiction of the Kingdom, they have declared, That, it is notorious that the Matter of the Charge is true; as it is in truth, My Lord, as clear as Crystal, and as the Sun that shines at Noon-day: which, if your Lordship and the Court be not sa∣tisfied in, I have notwithstanding, on the People of England's behalf, several Witnesses to produce. And therefore I do hum∣bly pray (and yet I must confess, it is not so much I, as the in∣nocent Blood that hath been shed, the Cry whereof is very great for Justice and Judgment; and therefore I do humbly pray) that speedy Judgment be pronounced against the Pri∣soner at the Bar.

Bradshaw went on in the same strain.

Sir, You have heard what is moved by the Councel on the behalf of the Kingdom against you. Sir, You may well re∣member, and if you do not, the Court cannot forget what dila∣tory Dealings the Court hath found at your hands: You were pleased to propound some Questions; You have had Your Reso∣lution upon them. You were told over and over again, That, The Court did affirm their own Jurisdiction; that it was not for You nor any other man to dispute the Jurisdiction of the Supreme and Highest Authority of England, from which there is no Appeal, and touching which there must be no Dispute; yet You did persist in such Carriage, as You gave no manner of Obe∣dience, nor did You acknowledge any Authority in them, nor the High Court that constituted this Court of Justice.

Sir, I must let you know from the Court, that they are very sensible of these Delays of yours, and that they ought not, being thus Authorized by the Su∣preme Court of England, to be thus trifled withal; and that they might in Justice, if they pleased, and according to the Rules of Justice, take advantage of these Delays, and proceed to pronounce Judgment against you: yet nevertheless they are pleased to give direction, and on their behalfs I do require you, that you make a positive Answer unto this Charge that is against you. Sir, in plain terms (for Justice knows no respect of Persons) you are to give your Positive and Final Answer in plain English, whether you be Guilty or not Guilty of these Treasons laid to your Charge.

The King, after a little Pause, said,

When I was here Yesterday, I did desire to speak for the Liberties of the People of England; I was interrupted: I desire to know yet whether I may speak freely or not.

Bradshaw.

Sir, You have had the Resolution of the Court upon the like Question the last day; and you were told, That having such a Charge of so high a Nature, against you, your Work was, that you ought to acknowledge the Jurisdiction of the Court, and to answer to your Charge. Sir, if you answer to your Charge, which the Court gives you leave now to do, though they might have taken the Advantage of your Contempt; yet, if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best Defence you can. But, Sir, I must let you know from the Court, as their Commands, that you are not to be permitted to issue out into any other Discourses, till such time as you have given a Positive Answer concerning the Matter that is charged upon you.

King.

For the Charge, I value it not a rush. It is the Liberty of the People of England that I stand for. For Me to acknowledge a New Court that I never heard of before, I that am your King, that should be an example to all the People of England, for to uphold Justice, to maintain the Old Laws, indeed I know not how to do it.

You spoke very well the first day that I came here on Satur∣day, of the Obligations that I had laid upon me by God to the Maintenance of the Liberties of my People; the same Obliga∣tion you spake of, I do acknowledge to God, that I owe to Him and to My People, to defend as much as in me lies, the Anci∣ent Laws of the Kingdom; therefore until that I may know that this is not against the Fundamental Laws of the King∣dom, by your favour, I can put in no particular Answer. If you will give Me time, I will shew you My Reasons why I cannot do it; and this—

Here being interrupted, he said,

By your favour, you ought not to interrupt Me.

How I came here I know not; there's no Law for it, to make your King your Prisoner. I was in a Treaty upon the Publick Faith of the Kingdom; that was the known— Two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the Treaty, then I was hurried away, and brought hither; and therefore—

Bradshaw.

Sir, You must know the Pleasure of the Court.

King.

By your favour, Sir.

Bradshaw.

Nay, Sir, By your Favour, You may not be permitted to fall into those Discourses: You ap∣pear as a Delinquent; You have not acknowledged the Authority of the Court. The Court craves it not of You; but once more they command You to give Your Positive Answer.

Clerk, do your Duty.

King.

Duty, Sir!

The Clerk reads.

CHARLES STƲART, King of England, You are accused, in the behalf of the Commons of England, of divers High Crimes and Treasons; which Charge hath been read unto you: The Court now requires you to give your Positive and Final Answer by way of Confession or Denial of the Charge.

King.

Sir, I say again to you, so that I might give sa∣tisfaction to the People of England, of the clearness of My Proceeding, not by way of Answer, not in this way, but to satisfie them, that I have done nothing against that Trust that hath been committed to Me, I would do it; but to acknowledge a new Court against their Priviledges, to alter the Fundamen∣tal Laws of the Kingdom, Sir, you must excuse Me.

Bradshaw.

Sir, This is the third time that You have publickly disown'd this Court, and put an Affront upon it. How far You have preserv'd the Priviledges of the People, Your Actions have spoke it; but tru∣ly, Sir, Mens Intentions ought to be known by their Actions: You have written Your Meaning in bloody Characters throughout the whole Kingdom.

But, Sir, You understand the Pleasure of the Court.

Clerk,

Record the Default.

And, Gentlemen, You that took Charge of the Pri∣soner, take him back again.

King.

I will only say this one Word more to you; if it were only My own Particular, I would not say any more, nor interrupt you.

Bradshaw.

Sir, You have heard the Pleasure of the Court, and You are (notwithstanding You will not understand it) to find that You are before a Court of Justice.

Then the King went forth with the Guard.

And Proclamation was made, That all Persons which had then appeared, and had further to do at the Court, might depart into the Painted Chamber; to which Place the Court did forthwith Adjourn, and in∣tended to meet at Westminster-Hall by Ten of the Clock next Morning.

Cryer.

God bless the Kingdom of England.

Mercurii, 24 Jan. 1648.

Painted Chamber.

Three Proclamations made.

The Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President.
• Sir Thomas Maleverer, Baronet.
• ...Thomas Scot.
• ...Edward Whalley.
• ...John Carew.
• ...Edmund Harvey.
• ...Owen Roe.
• ...John Blackistone.
• ...William Purefoy.
• ...Henry Smith.
• ...John Fry.
• ...Francis Lassels.
• ...Daniel Blagrave.
• ...Anthony Stapeley.
• Sir Gregory Norton, Bar.
• ...William Cawley.
• ...Robert Tichbourne.
• ...Henry Marten.
• ...Oliver Cromwell.
• Sir John Danvers.
• ...John Moore.
• ...Richard Deane.
• ...Vincent Potter.
• ...Thomas Horton.
• ...Cornelius Holland.
• ...John Berkstead.
• Tho. Lord Grey of Groby.
• ...John Huson.
• ...John Okey.
• ...Gilbert Millington.
• ...John Jones.
• ...William Goffe.
• Sir John Bourchier.
• Isaac Pennington, Ald. of Lond.
• ...Simon Meyne.
• ...Adrian Scroope.
• ...John Dixwell.
• ...Isaac Ewers.
• ...John Aldred.
• ...Peter Temple.
• ...Peregrine Pelham.
• ...Edmund Ludlow.
• ...John Hutchinson.
• ...Thomas Pride.
• ...William Heveningham.
• Sir William Constable.
• ...Francis Allen.

The Court took into Consideration the Manner how the Witnesses should be Examined; and in re∣gard the King hath not Pleaded to Issue, and that this Examination was ex abundanti only for the further sa∣tisfaction of themselves,

Resolved, That the Witnesses shall be Examined to the Charge against the King, in the Painted Chamber, before the Court there.

Ordered, That Mr. Millington and Mr. Tho. Chal∣loner do forthwith repair unto John Brown Esq Clerk of

the House of Peers for such Papers as are in his Custody, which are conducible for the Business and Service of this Court, and the said Mr. Brown is required to send the said Papers hither accordingly.

Witnesses Produced and Sworn in Court to give Evidence to the Charge against the King.

• ...Henry Hartford.
• ...Edward Roberts.
• ...William Braynes.
• ...Robert Lacy.
• ...Robert Loades.
• ...Samuel Morgan.
• ...James Williams.
• ...Michael Potts.
• ...Giles Gryce.
• ...William Arnop.
• ...John Vinson.
• ...George Seely.
• ...Tho. Ives.
• ...James Crosby.
• ...Tho. Rawlins.
• ...Richard Blomfield.
• ...John Thomas.
• ...Samuel Lawson.
• ...John Pyneger.
• ...George Cornewall.
• ...Tho. Whittington.
• ...William Jones.
• ...Humphrey Browne.
• ...Arthur Young.
• ...David Evans.
• ...Diogenes Edwards.
• ...Robert Williams.
• ...John Bennett.
• ...Samuel Burden.

Col. Horton, Col. Deane, Col. Okey, Col. Huson, Col. Roe, Col. Tichbourne, Col. Whalley, Col. Tomlinson, Col. Goffe, Col. Ewers, Col. Scroope, Mr. Love, Mr. Scot, Mr. Tho. Challoner, Mr. Millington, and Sir John Dan∣vers, or any Three of them, are a Committee appoint∣ed to take the Examination of the said Witnesses now sworn, whom the Clerks are to attend for that pur∣pose.

The Court granted their Summons for summon∣ing further Witnesses, and Adjourned it self till the Morrow at Nine of the Clock in the Morning, to this Place.

Jovis, 25 Jan. 1648.

Painted Chamber, Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...Richard Deane.
• Sir Hardress Waller.
• ...John Moore
• ...Peregr. Pelham.
• ...John Huson.
• ...John Barkstead.
• ...Edw. Whalley.
• ...John Okey.
• ...Edmond Harvey.
• ...Adrian Scroop.
• ...Henry Smith.
• ...Thomas Scot.
• ...William Cawley.
• ...Gilbert Millington.
• ...Thomas Challoner.
• ...John Carew.
• Sir John Bourchier, Kt.
• Sir Thomas Maleverer Bar.
• ...Francis Allen.
• ...Thomas Harrison.
• ...John Jones.
• ...John Aldred.
• ...John Browne.
• ...Isaac Ewers.
• ...Robert Tichbourne.
• ...Augustine Garland.
• ...Francis Lassells.
• ...John Dixwell.
• Sir Michael Livesey, Bar.
• ...John Venn.
• ...Edmond Wild.
• With divers others.

Here the Court sate private.

The Court Ordered that the Marshal Gen. of this Army, or his Deputy do bring forthwith Mr. Holder Prisoner at White-Hall, to the end that he may testify his knowledge of all such Matters as shall be pro∣pounded unto him concerning the Charge against the King.

Ordered, That the Dean's House in Westminster-Abbey, be provided and furnished for the Lodging of the Lord President and his Servants, Guards and Attendants; and a Committee are appointed to take care hereof accor∣dingly.

Mr. Henry Gouge and Mr. William Cuthbert, Witnesses produced to the Charge against the King, were sworn and examined.

The Witnesses sworn in open Court, and after ex∣amined by the Committee appointed for that purpose the 24th. Instant, were now in open Court called, and their respective Depositions were read to them, who did avow their said several Depositions, and affirm what was so read unto them respectively, was true, upon the Oaths they had taken.

The Court being informed, that Major Fox, being of the Guard attending the Lord President, is arrested, and committed to the Keeper of Ludgate, Ordered,

That the said Keeper do forthwith bring the said Major before this Court, and attend this Court in person himself.

M. Holder being brought before this Court accord∣ing to the Order of this Day, and his Oath tendred unto him, to give Evidence to such Matters as should be propounded unto him concerning the Charge a∣gainst the King, the said Mr. Holder desired to be spa∣red from giving Evidence against the King.

Whereupon, the Commissioners finding him alrea∣dy a Prisoner, and perceiving that the Questions in∣tended to be asked him, tended to accuse himself, thought fit to wave his Examination, and remanded him (and accordingly did so) to the Prison from whence he was brought.

The Depositions taken ut supra, are as followeth, viz. Jan, 25. 1648.

William Cuthbert of Patrington in * 4.7 Holderness, Gent. Aged 42 Years, or thereabouts, sworn and examined, saith, That he, this Deponent, living at Hull-Bridge, near Beverley, in July 1642. did then hear that Forces were raised about three thousand Foot, for the Kings Guard under Sir Robert Strickland.

And this Deponent further saith, That about the Second of July 1642. he saw a Troop of Horse come to Beverley, being the Lords Day, about four or five of the Clock in the Afternoon, called, The Princes Troop, Mr. James Nelthorp being then Major of the said Town.

And this Deponent further saith, That he did see that Afternoon the said Troop march from Beverley aforesaid, into Holderness, where they received Am∣munition brought up by the River of Humber unto them.

And this Deponent further saith, That the same Night being Sunday, there came about three hundred Foot Soldiers (said to be Sir Robert Strickland's Regi∣ment) under the Command of Lieutenant Col. Dun∣combe, and called, The King's Guard, unto this Deponents House, called Hull-Bridge, near Beverley, about Mid∣night, and broke open, entred, and possessed them∣selves of the said House; and that the E. of Newport, the E. of Carnarvan, and divers others came that night thi∣ther to the said Forces; and that the same night (as this Deponent was then informed) Sir Tho. Gower, then High Sheriff of the said County, came thither, and left there a Warrant for staying all Provisions from going to Hull to Sir John Hotham; which said Warrant was then delivered to this Deponent, being Consta∣ble, by Lieut. Col. Duncombe.

And this Deponent further saith, That he was by the said Forces put out of his House, and did with his Family go to Beverley; and that after that, (viz.) the Thursday following, to this Deponent's best remem∣brance, he did see the King come to Beverley, to the Lady Gees House there; where he, this Deponent, did often see the King, with Prince Charles and the Duke of York; and that the Trained Bands were then raised in Holderness; who were raised (as was generally re∣ported) by the King's Command.

And this Deponent further saith, That the Night after the said Forces had as aforesaid, possessed them∣selves of this Deponent's House, Col. Legard's House was Plundered by them, being upon a Monday; which aforesaid Entry of this Deponent's House, was the first * 4.8 Act of Hostility that was committed in those Parts.

And this Deponent further saith, That after the said Sir Robert Strickland's said Company was gone from Hull-Bridge, having continued there about ten days,

there then came to the said House Col. Wivel, with about seven hundred Foot Soldiers, who then took up his Quarters at Hull-Bridge aforesaid. And this Deponent further saith, That the Warrant he now pro∣duceth to this Court, is the same Original Warrant aforesaid spoken of.

And this Deponent further saith, That the General's Name of the said Forces that were there, and raised as aforesaid, was the E. of Lindsey; and that this De∣ponent was brought before him the said General, in the Name of The King's Lord General, for holding Intelli∣gence with Sir John Hotham, then Governor of Hull; and because it was then informed to the said General, that he this Deponent had Provisions of Corn to send over unto Ireland, which he this Deponent was forbid∣den by the said General to send unto Ireland or any place else, without his or the King's Direction or Warrant first had in that behalf,

The aforesaid Warrant mentioned in the Deposition of the said William Cuthbert, is as followeth;

It is His Majesties Command, that you do not suffer any Victuals or Provision of what sort soever to be carried into the Town of Hull with∣out His Majesties Special License first obtained; And of this you are not to fail at your Peril.

Dated at Beverley, 3 Julii, 1642.

Tho. Gower, Vi. Co.

To all Head Constables, and Constables in the East-Riding of the County of York, and to all other His Ma∣jesties Loyal Subjects.

John Bennet of Harwood, in the County of York, Glo∣ver, Sworn, and Examined, saith, That he being a Soldier under the King's Command, the first Day that the King's Standard was set up at Nottingham, which was about the middle of Summer last was six

years, he this Examinant did work at Nottingham, and that he did see the King within the Castle of Not∣tingham, within two or three days after the said Stan∣dard was so set up, and that the said Standard did fly the same day that the King was in the said Castle, as aforesaid, and this Deponent did hear that the King was at Nottingham the same day that the said Standard was first set up, and before.

And this Deponent further saith, That he this Depo∣nent, and the Regiment of which he then was, had their Colours then given them; and Sir William Peny∣man being the Colonel of the said Regiment, the said Sir William Penyman was present with his said Regi∣ment at that time.

And this Deponent further saith, That there was then there the E. of Lindsey's Regiment, who had then their Colours given them, and that the said E. of Lindsey was then also Proclaimed there The King's Ge∣neral; and that it was proclaimed then there likewise in the King's Name, at the Head of every Regiment, that the said Forces should fight against all that came to oppose the King, or any of His Followers; and in particular, against the E. of Essex, the Lord Brooke, and divers others; and that they the said E. of Essex, and Lord Brooke, and divers others were then pro∣claimed Traytors, and that the same Proclamations were Printed, and dispersed by the Officers of the Re∣giments throughout every Regiment.

And this Deponent further saith, That the said Standard was Advanced upon the highest Tower of Nottingham Castle; and that he this Deponent, did see the King often in Nottingham at that time that the said Forces continued at Nottingham as aforesaid, they continuing there for the space of one Month; and that the Drums for raising Volunteers to fight under the King's Command, were then beaten all the said County over, and divers other Forces were raised there.

And this Deponent further saith, That he did take up Arms under the King's Command as aforesaid, for fear of being Plundered; Sir William Penyman giving

out, that it were a good deed to Fire the said Town, because they would not go forth in the King's Service, and that this Deponent's Father did thereupon com∣mand him this Deponent to take up Arms as aforesaid, and that divers others (as they did confess) did then also take up Arms for the King for fear of being Plundered.

And this Deponent further saith, That in or about the Month of October 1642. he did see the King at Edge-Hill in Warwickshire, where he sitting on Horseback while his Army was drawn up before him,* 5.1 did speak to the Colonel of every Regiment that passed by him, that he would have them speak to their Soldiers to encourage them to stand it, and to fight against the L. of Essex, the L. Brookes, Sir William Waller, and Sir William Balfour.

And this Deponent saith, That he did see many slain at the Fight at Edge-Hill, and that afterwards he did see a List brought in unto Oxford, of the Men which were slain in that Fight; by which it was re∣ported, that there were slain 6559 Men.

And this Deponent further saith, Afterwards, in or about the Month of November 1642. he did see the King in the Head of his Army at Hounslow-Heath in Middlesex, Prince Rupert then standing by Him. And he, this Deponent, did then hear the King encourage several Regiments of Welshmen (then being in the Field) which had run away at Edge-Hill, saying un∣to them, That He did hope they would regain their Honour at Brentford, which they had lost at Edge-Hill.

William Brayne of Wixhall in the County of Salop, Gent. being Sworn and Examined, deposeth, That about August in the Year 1642. this Deponent saw the King at Nottingham, while the Standard was set up, and the Flagg flying; and that he, this Deponent much about the same time Marched with the King's Army from Nottingham to Derby, the King himself being then in the Army; And about September the said Year, he, this Deponent, was put upon his Tryal at Shrewsbury as a Spy, before Sir Robert Heath, and other Commis∣sioners

of Oyer and Terminer, the King then being in person in Shrewsbury.

Henry Hartford of Stratford upon Avon, in Warwickshire, Sworn and Examined, deposeth, That about Corn-Harvest in the Year 1642. this Deponent saw the King in Nottingham Castle, while the Standard was set up∣on one of the Towers of the said Castle, and the Flagg flying.

And he further saith and deposeth, That he, this Deponent, saw the King the same Year about the Month of November in Brainford Town on Horseback, with a great many Commanders about him, on a Sun∣day Morning, when on the Saturday Night before, there were a great many of the Parliaments Forces slain by the Kings Forces in the said Town.

Robert Lacy of the Town and County of Nottingham, Painter, Sworn and Examined, deposeth, That he, this Deponent in Summer-time, in the Year 1642. by Order from my Lord Beaumont, did Paint the Stand∣ard-Pole which was set up on the top of the old Tow∣er of Nottingham Castle: And he further saith, That he saw the King in the Town of Nottingham diverse times while the Standard was up there, and the Flagg flying, and the King did lie at the House of my Lord of Clare in Nottingham Town, and that he this Deponent did then and there see the King many times.

Edward Roberts of Bishop-Castle in the County of Sa∣lop, Ironmonger, Sworn and Examined, saith and deposeth, That he this Deponent, saw the King in Nottingham Town while the Standard was set upon the High Tower in Nottingham Castle.

And he further saith, That he saw the King at the Head of the Army at Shrewsbury, upon the March towards Edge-Hill, and that he likewise saw the King in the Reer of his Army in Keynton-Field; and likewise saw the King upon the Sunday Morning at Brainford, after the Fight upon the Saturday next before, in the said Town.

Robert Loads of Cottam in Nottinghamshire, Tyler, Sworn and Examined, saith, That he this Deponent, about October in the Year 1642. saw the King in the Reer of his Army in Keynton Field upon a Sunday, where he saw many slain on both sides.

And he further saith, That he saw the King in Cornwal in his Army, near the House of my Lord Mohun, about Lestithiel, about Corn-Harvest 1644.

Samuel Morgan of Wellington in Com. Salop, Felt-ma∣ker, Sworn and Examined, deposeth, That he this Deponent, upon a Sunday Morning in Keynton-Field saw the King upon the top of Edge-Hill in the Head of the Army, some two hours before the Fight, which happened after Michaelmas on a Sunday the Year 1642. And he this Deponent saw many men killed on both sides in the same time and place.

And he further saith, That in the Year 1644. he, this Deponent saw the King in his Army near Cropredy-Bridge, where he saw the King light off his Horse, and draw up the Body of his Army in person him∣self.

James Williams of Ross in Herefordshire, Shoemaker, Sworn and Examined, deposeth, That he this Depo∣nent, about October, the Year 1642. saw the King in Keynton-Fields below the Hill in the Field with his Sword drawn in his hand, at which Time and Place there was a great Fight, and many kill'd on both sides.

And he further deposeth, That he saw the King at Brainford on a Sunday in the Forenoon, in November the Year abovesaid, while the King's Army was in the said Town, and round about it.

John Pyneger of the Parish of Hainer in the County of Derby, Yeoman, Aged 37 Years or thereabout, Sworn and Examined, saith, That about August 1642. he the Deponent saw the King's Standard flying upon one of the Towers of Nottingham Castle; and that up∣on the same day he saw the King in Thurland-House,

being the Earl of Clare's House in Nottingham, in the Company of Prince Rupert, Sir John Digby, and other Persons, both Noblemen and others; and that the King had at the same time in the said Town a Train of Artillery, and the said Town was then full of the King's Soldiers.

Samuel Lawson of Nottingham, Maltster, Aged Thirty Years or therabouts, Sworn and Examined, saith, That about August 1642. he this Deponent saw the Kings Standard brought forth of Nottingham Castle, born upon diverse Gentlemens Shoulders (who as the Re∣port was) were Noblemen, and he saw the same by them carried to the Hill close adjoyning to the Castle, with a Herald before it, and there the said Standard was Erected with great Shoutings, Acclamations, and Sound of Drums and Trumpets, and that when the said Standard was so Erected, there was a Pro∣clamation made, and that he this Deponent saw the King present at the Erecting thereof. And this De∣ponent further saith, That the said Town was then full of the Kings Soldiers, of which some quartered in this Deponents House, and that when the King with his said Forces went from the said Town, the Inhabitants of the said Town were forced to pay a great sum of money to the Kings Army, being threat∣ned, that in case they should refuse to pay it, the said Town should be plundred.

Arthur Young, Citizen and Barber Chirurgeon of Lon∣don, being Aged twenty nine Years or thereabouts, Sworn and Examined, saith, That he this Deponent was present at the Fight at Edge-Hill between the King's Army and the Parliaments, in October 1642. and he did then see the King's Standard advanced, and fly∣ing in his Army in the said Fight. And that he this Deponent did then take the King's said Standard in that Battel from the Kings Forces, which was afterwards taken from him by one Middleton, who was after∣wards made a Colonel.

Thomas Whittington of the Town and County of Not∣tingham, Shoemaker, Aged twenty two Years, sworn and examined, saith, that he, this Deponent saw the King in the Town of Nottingham, the same day that his Standard was first set up in Nottingham Castle, be∣ing about the beginning of August 1642. and that the King then went from his Lodgings at Thurland House, towards the said Castle; and that he, this Deponent saw him several times about that time in Nottingham, there being divers Soldiers at that time in the said Town, who were called by the name of The King's Soldiers.

And this Deponent further saith, that he saw the King's Standard flying upon the Old Tower in the said Castle.

John Thomas of LLangollen in the County of Denbigh, Husbandman, Aged twenty five Years, or thereabouts, sworn and examined, saith, that he saw the King at Brainford in the County of Middlesex, on a Saturday Night at twelve of the Clock, soon after Edge-Hill Fight, attended with Horse and Foot Soldiers, the King being then on Horseback with his Sword by his side; and this Deponent then heard the King say to the said soldiers as he was riding through the said Town, Gentlemen, You lost your Honour at Edge-Hill, I hope you will regain it again here; or Words to that effect.

And this Deponent further saith, that there were some skirmishes between the King's Army and the Parliament's Army, at the same time, both before and after the King spake the said Words, and that many men were slain on both sides.

Richard Blomfield, Citizen and Weaver of London, Aged thirty five Years, or thereabouts, sworn and examined, saith, that at the Defeat of the E. of Essex's Army in Cornwal, he this Deponent was there, it be∣ing at the latter end of the Month of August, or be∣ginning of September 1644. At which time, he this Deponent saw the King at the Head of his Army, near Foy, on Horseback: And further saith, that he

did then see divers of the L. of Essex's Souldiers plun∣dered, contrary to Articles then lately made, near the person of the King.

William Jones of Ʋske in the County of Monmouth, Husbandman, Aged twenty two Years, or therea∣bouts, sworn and examined, saith, That he this De∣ponent did see the King within two Miles of Naseby-Field, the King then coming fromwards Harborough, Marching in the Head of his Army, towards Naseby-Field where the Fight was; and that he this Deponent did then see the King ride up to the Regiment which was Col. St. Georges, and there the Deponent did hear the King ask the Regiment, Whether they were willing to fight for him? To which the Soldiers made an Accla∣mation, crying, All, All.

And this Deponent further saith, that he saw the King in Leicester with his Forces, the same day that the King's Forces had taken it from the Parliaments Forces.

And this Deponent further saith, That he saw the King in his Army that besieged Glocester at the time of the said Siege.

Humphrey Browne of Whitsondine in the County of Rutland, Husbandman, Aged twenty two Years or thereabouts, sworn and examined, saith, That at such time as the Town of Leicester was taken by the King's Forces, being in or about June 1645. Newark Fort in Leicester aforesaid was surrendred to the King's Forces upon Composition, that neither Cloaths nor Money should be taken away from any of the Soldi∣ers of that Fort which had so surrendred, nor any violence offered to them; and that assoon as the said Fort was upon such Composition so surrendred as a∣foresaid, the King's Soldiers contrary to the Articles, fell upon the Soldiers of the said Fort, stript, cut and wounded many of them; whereupon, one of the King's Officers rebuking some of those that did so abuse the said Parliaments Soldiers, this Deponent did then hear the King reply, I do not care if they cut them three times

more, for they are mine Enemies, or words to that effect: And that the King was then on Horseback, in bright Armour, in the said Town of Leicester.

David Evans of Abergenny, in the County of Mon∣mouth, Smith, Aged about twenty three years, Sworn and Examined, saith, That about half an hour before the Fight at Naseby, about Midsummer in June, 1645. he saw the King marching up to the Battail in the Head of his Army, being about half a mile from the place where the said Battail was fought.

Diogenes Edwards, of Carston in the County of Salop, Butcher, Aged 21 years or thereabouts, Sworn and Examined, saith, That in June 1645. he this De∣ponent did see the King in the Head of his Army, an hour and a half before the Fight in Naseby Field, marching up to the Battail, being then a mile and a half from the said Field: And this Deponent saith, That he did afterwards the same day see many slain at the said Battail.

Giles Gryce of Wellington, in Shropshire, Gent. Sworn and Examined, Deposeth, That he this Deponent, saw the King in the Head of his Army, at Cropredy-Bridge, with his Sword drawn in his Hand, that day when the Fight was against Sir William Waller, on a Fryday, as this Deponent remembreth, in the Year 1644, about the Month of Iuly, and he further saith,

That he saw the King in the same Summer, in Cornwall, in the Head of his Army, about Lestithiel at such time as the Earl of Essex was there with his Ar∣my. And he further saith,

That he also saw the King in the Head of his Army, at the second Fight near Newberry. And fur∣ther saith,

That he saw the King in the Front of the Army, in Naseby Field, having Back and Breast on: And he further saith,

That he saw the King in the Head of the Army, at what time the Town of Leicester was stormed, and

saw the King Ride into the Town of Leicester, after the Town was taken, and he saw a great many men killed on both sides, at Leicester, and many Houses Plundred.

John Vinson of Damorham in the County of Wilts, Gent. Sworn and Examined, saith, That he did see the King at the First Newberry Fight, about the Month of September, 1643. in the Head of his Army, where this Deponent did see many slain on both sides; this Deponent also saith,

That he did see the King at the Second Battail at Newberry, about the Month of November, 1644. where the King was at the Head of his Army in Complete Armour, with his Sword drawn; and this Depo∣nent did then see the King Lead up Colonel Thomas Howards Regiment of Horse, and did hear him make a Speech to the Soldiers, in the Head of that Regiment, to this effect, that is to say, That the said Regiment should stand to him that Day, for that his Crown lay upon the Point of the Sword, and if he lost that Day, he lost his Ho∣nour and his Crown for ever. And that this Deponent did see many slain on both sides, at that Battail. This Deponent further saith,

That he did see the King in the Battail at Naseby Field, in Northamptonshire, on or about the Month of June, 1645. where the King was then Completely Armed with Back, Breast and Helmet, and had his Sword drawn, where the King himself after his Par∣ty was Routed, did Rally up the Horse, and caused them to stand; and at that time this Deponent did see many slain on both sides.

George Seely of London, Cordwainer, Sworn and Ex∣amined, saith, That he did see the King at the Head of a Brigade of Horse, at the Siege of Gloucester, and did also see the King at the First Fight at Newberry, a∣bout the Month of September, 1643. where the King was at the Head of a Regiment of Horse; and that there were many slain at that Fight on both sides: This Deponent also saith,

That he did see the King at the second Fight at Newbery, which was about November, 1644. where the King was in the middle of his Army.

John Moore of the City of Corke in Ireland, Gent. Sworn and Examined, saith, That at the last Fight at New∣berry, about the Month of November, 1644. he this De∣ponent did see the King in the middle of the Horse, with his Sword drawn, and that he did see abundance of men at that Fight slain upon the ground, on both sides: This Deponent also saith,

That he did see the King ride into Leicester, before a Party of Horse, the same day that Leicester was taken by the Kings Forces, which was about the Month of June, 1645.

This Deponent further saith, That he did see the King before the Fight at Leicester, at Cropredy-Bridge, in the midst of a Regiment of Horse, And that he did see many slain at the same time, when the King was in the Fight at Cropredy-Bridge.

And Lastly, this Deponent saith, That he did see the King, at the head of a Regiment of Horse at Nase∣by Fight about the Month of June, 1645. where he did see abundance of men Cut, Shot and slain.

Thomas Ives of Boyset, in the County of Northampton, Husbandman, Sworn and Examined, saith, That he did see the King in his Army at the First Fight of Newberry, in Berkshire, in the Month of September, 1643. and that he did see many slain at that Fight, he this Deponent and others with a Party of Horse, being Commanded to face the Parliaments Forces, whilst the Foot did fetch off the Dead.

He saith also, That he did see the King advance with his Army to the Fight at Naseby Field in Northam∣ptonshire, about June, 1645. and that he did again at that Fight see the King come off with a Party of Horse after that his Army was Routed in the Field, and that there were many Men slain on both parts, at that Battail at Naseby.

Thomas Rawlins of Hanslop in the County of Bucks, Gent, sworn and examined, saith, That he did see the King near Foy in Cornwal in or about the Month of July 1644. at the Head of a Party of Horse; and this Deponent did see some Soldiers plunder after the Arti∣cles of Agreement made between the King's Army and the Parliaments Forces, which Soldiers were so plundered by the King's Party, not far distant from the Person of the King.

Thomas Read of Maidstone in the County of Kent, Gent. sworn and examined, saith, That presently after the laying down of Arms in Cornwal, between Lestithiel and Foy, in or about the latter end of the Month of August, or the beginning of September 1644. he this Deponent, did see the King in the Head of a Guard of Horse.

James Crosby of Dublin in Ireland, Barber, sworn and examined, saith, That at the first Fight at Newbury, about the time of Barley-Harvest 1643. he this Depo∣nent did see the King riding from Newbury Town, ac∣companied with divers Lords and Gentlemen, to∣wards the place where his Forces were then fighting with the Parliaments Army.

Samuel Burden of Lyneham in the County of Wilts, Gent. sworn and examined, saith, That he, this De∣ponent, was at Nottingham in or about the Month of August, 1642. at which time he saw a Flagg flying up∣on the Tower of Nottingham Castle; and that the next day afterwards he did see the King at Nottingham, when the said Flagg was still flying, which Flagg this De∣ponent then heard was the King's Standard.

He saith also, That he did afterwards see the King at Cropredy-Bridge in the Head of his Army, in a Fallow Field there, and did see the King in pursuit of Sir William Waller's Army, being then Routed, which was about the Month of July 1644. And at that time this Deponent did see many People slain upon the Ground.

And further this Deponent saith, That in or about the Month of Novemb. 1644. he did see the King at the last Fight at Newbury, riding up and down the Field from Regiment to Regiment, whilst his Army was there fighting with the Parliaments Forces; and this Deponent did see many Men slain at that Battel on both sides.

Michael Potts of Sharpereton in the County of Northum∣berland, Vintner, Sworn and Examined, deposeth, That he, this Deponent, saw the King in the Head of the Army in the Fields about a Mile and a half from Newbury Town, upon the Heath, the day before the Fight was, it being about Harvest-tide in the Year 1643.

And he further saith, That he saw the King on the day after, when the Fight was, standing near a great Piece of Ordnance in the Fields.

And he further saith, That he saw the King in the second Newbury Fight in the Head of his Army, being after or about Michaelmas 1644.

And he further saith, That he saw a great many Men slain at both the said Battels.

And he further saith, That he saw the King in the Head of his Army near Cropredy-Bridge in the Year 1644.

And he further saith, That he saw the King in the Head of his Army in Cornwal, near Lestithiel, while the E. of Essex lay there with his Forces, about the mid∣dle of Harvest 1644.

George Cornwal of Aston in the County of Hereford, Ferryman, Aged fifty Years, or thereabouts, sworn and examined, saith, That he, this Deponent, did see the King near Cropredy-Bridge, about the time of Mow∣ing of Corn, 1644. in the Van of the Army there, and that he drew up his Army upon a Hill, and faced the Parliaments Army; and that there was thereupon a Skirmish between the King's and the Parliaments Ar∣my; where he, this Deponent, saw divers persons slain on both sides.

The Examination of Henry Gooche of Grayes-Inn in the County of Middlesex, Gent. Sworn and Examined.

This Deponent saith, That upon or about the Thir∣tieth day of September last, he this Deponent, was in the Isle of Wight, and had Access unto, and Discourse with the King, by the means of the L. Marquess of Hartford, and Commissary Morgan; where this Depo∣nent told the King, that his Majesty had many Friends; and that since his Majesty was pleased to justifie the Parliaments first taking up Arms, the most of the Presbyterian Party both Soldiers and others, would stick close to him; To which the King answered thus, That he would have all his old Friends know, that though for the present he was contented to give the Parliament leave to call their own War what they pleased, yet that he neither did at that time, nor ever should decline the Justice of his own Cause.

And this Deponent told the King, that his Business was much retarded, and that neither Col. Thomas, nor any other could proceed to Action, through want of Commission.

The King answered, That he being upon a Treaty, would not dishonour himself; but that if he, this De∣ponent would take the pains to go over to the Prince his Son (who had full Authority from him) he the said Deponent, or any for him, should receive whatso∣ever Commissions should be desired; and to that pur∣pose, he would appoint the Marquess of Hartford to write to his Son in his Name, and was pleased to ex∣press much of Joy and Affection, that his good Sub∣jects would ingage themselves for his Restauration.

Robert Williams of the Parish of St. Martins in the County of Cornwal, Husbandman, Aged twenty three Years, or thereabouts, sworn and examined, saith, That he this Deponent, did see the King march∣ing in the Head of his Army about September, 1644. a Mile from Lestithiel in Cornwal, in Armor, with a short Coat over it unbuttoned.

And this Deponent further saith, That he saw him after that in St. Austell Downes, drawing up his Ar∣my.

And this Deponent saith, he did after that see the King in the Head of his Army near Foy, and that the E. of Essex and his Army did then lie within one Mile and a half of the King's Army.

The Witnesses being Examined as aforesaid, the Court Adjourned for an hour.

25 Jan. 1648. post Merid.

Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...Daniel Blagrave.
• ...John Okey.
• ...Henry Marten.
• ...John Carew.
• ...Thomas Horton.
• Sir Michael Livesey, Bar.
• ...Owen Roe.
• Sir John Bourchier, Kt.
• ...Thomas Scot.
• ...John Moore.
• ...Oliver Crowwell.
• ...William Goffe.
• ...Richard Deane.
• ...Cornelius Holland.
• ...Thomas Harrison.
• ...Robert Lilbourne.
• ...John Downs.
• ...Edmond Ludlow.
• ...Peregr. Pelham.
• Sir Henry Mildmay.
• ...John Jones.
• ...Valentine Wauton.
• Sir Gregory Norton, Bar.
• Sir Thomas Maleverer Bar.
• ...Adrian Scroope.
• ...Henry Smith.
• ...Anthony Stapeley.
• ...John Huson.
• Sir William Constable, Bar.
• ...John Barkstead.
• Sir John Danvers.
• ...Edward Whalley.
• ...Thomas Waite.
• ...William Purefoy.
• ...Thomas Pride.
• ...John Fry.
• ...John Blackistone.
• Sir Hardress Waller, Knight.
• ...John Venn.
• ...Robert Tichbourne.
• ...Humphrey Edwards.
• ...Peter Temple.
• ...Vincent Potter.
• ...William Cawley.
• ...Isaac Ewers.

Richard Price of London, Scrivener, was produced a Witness to the Charge against the King, who being Sworn and Examined, saith,

That upon occasion of some tampering by the King's Agents with the Independants in and about London, to

draw them from the Parliaments Cause, to the King's Party; and this being discovered by some of those so tampered with, unto sundry Members of the Com∣mittee of Safety, who directed a carrying on of a seeming Compliance with the King, he, this Deponent did tra∣vel to Oxford, in January 1643. having a safe Conduct under the Kings Hand and Seal, which he, this Depo∣nent knoweth to be so, for that the King did own it when he was told that this Deponent was the man that came to Oxon with that safe Conduct.

And this Deponent also saith, That after sundry Meetings between him and the E. of Bristol, about the drawing of the Independents unto the King's Cause against the Parliament, the Substance of the Dis∣course, at which Meetings the said Earl told this Deponent, was communicated to the King, he, this Deponent, was by the said Earl brought to the King to confer further about that Business; where the King declared, That he was very sensible that the Independents had been the most active men in the Kingdom for the Parliament against him; and thereupon perswaded this Deponent to use all means to expedite their turning to Him and his Cause: And for their better encouragement, the King promised in the Word of a King, That, if they, the Independents, would turn to him, and be active for him against the Parliament, as they had been active for them a∣gainst him, then he would grant them whatsoever freedom they would desire: And the King did then refer this Deponent unto the E. of Bristol, for the further prose∣cuting of the said Business.

And the said Earl thereupon (this Deponent being withdrawn from the King) did declare unto this De∣ponent, and willed him to inpart the same unto the In∣dependents, for their better encouragement, That the King's Affairs prospered well in Ireland: That, the Irish Subjects had given the Rebels (meaning the Parliaments Forces) a great Defeat: That, the King had sent the Lord Byron with a small Party towards Cheshire, and that he was greatly multiplied, and had a considerable Army, and was then before Namptwich, and would be strengthened with more Soldiers out of Ireland, which were come and ex∣pected

dayly: And when this Deponent was to depart out of Oxford, four safe Conducts with Blanks in them, for the inserting of what Names this Deponent pleas∣ed, were delivered to him, under the King's Hand and Seal; and one Ogle was sent out of Oxon with this Deponent, to treat about the Delivering up of Alisbury to the King, it being then a Garrison for the Parlia∣ment, and at the same time Oxford was a Garrison for the King.

Several Papers and Letters of the King's, under his own Hand, and of his own Writing, and other Pa∣pers are produced and read in open Court.

Mr. Thomas Challoner also reporteth several Papers and Letters of the Kings writing, aud under the Kings own Hand.

After which the Court sate private.

The Court taking into Consideration the whole Matter in Charge against the King, passed these Votes following, as preparatory to the Sentence against the King, but Ordered that they should not be binding finally to conclude the Court, viz.

Resolved upon the whole matter, That this Court will Proceed to entence of Condemnation against Charles Stuart, King of England.

Resolved, &c. That the Condemnation of the King shall be for a Tyrant, Traitor and Murtherer.

That the Condemnation of the King, shall be likewise for being a publique Enemy to the Common-wealth of Eng∣land.

That this Condemnation shall extend to Death.

Memorandum, The last aforementioned Commissioners were present at these Votes.

The Court being then moved concerning the Depo∣sition and Deprivation of the King before, and in Or∣der to that part of his Sentence, which concerned his Execution, thought fit to defer the Consideration thereof to some other time, and Ordered the Draught

of a Sentence grounded upon the said Votes, to be ac∣cordingly prepared by Mr. Scot, Mr. Marten, Col. Har∣rison, Mr. Lisle, Mr. Say, Commissary Gen. Ireton and Mr. Love,, or any three of them, with a Blank for the manner of his Death.

Ordered, That the Members of this Court who are in and about London, and are not now present, be Summoned to at∣tend the Service of this Court to morrow at One of the Clock in the Afternoon; for whom Summons were issued forth accordingly.

The Court Adjourned it self till the Morrow at One of the Clock in the Afternoon.

Veneris, 26 Jan. 1648. post Merid.

Painted Chamber, Three Proclamations. The Court called.

Commissioners present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...Oliver Cromwell.
• ...Henry Ireton.
• Sir Hardress Waller.
• ...Valentine Wauton.
• ...Tho. Harrison.
• ...Edward Whalley.
• ...Thomas Pride.
• ...Isaac Ewers.
• Thomas Lord Grey of Groby.
• Sir John Danvers.
• Sir Henry Mildmay, Kt.
• ...William Heveningham.
• ...Henry Martin.
• ...William Purefoy.
• ...John Blakistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• ...Edmond Ludlow.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Adrian Scroope.
• ...John Dixwell.
• ...Simon Meyne.
• ...Peter Temple.
• ...Thomas Wait.
• ...Cornelius Holland.
• ...Thomas Scot.
• ...Francis Allen.
• ...Richard Deane.
• ...John Okey.
• ...John Huson.
• ...John Carew.
• ...John Jones.
• ...Miles Corbet.
• ...William Goffe.
• ...Peregrine Pelham.
• ...John Moore.
• William Lord Mounson.
• ...Humphrey Edwards.
• ...Thomas Wogan.
• Sir Gregory Norton.
• ...John Dove.
• ...

• ...John Venn.
• ...William Cawley.
• ...Anthony Stapeley.
• ...John Downes.
• ...Thomas Horton.
• ...Thomas Hammond.
• ...John Lisle.
• ...Nicholas Love.
• ...Augustine Garland.
• ...George Fleetwood.
• ...James Temple.
• ...Daniel Blagrave.
• ...John Browne.
• ...Henry Smith.
• ...John Berkstead.
• Sir Thomas Maleverer, Bar.* 5.2
• ...Vincent Potter.

Here the Court sate private.

The Draught of a Sentence against the King, is according to the Votes of the 25th. Instant, prepared, and after several Readings, Debates and Amend∣ments, by the Court thereupon,

Resolved, &c. That this Court do agree to the Sentence now read.

That, the said Sentence shall be ingrossed.

That, the King be brought to Westminster to morrow, to receive his Sentence.

The Court Adjourned it self till the Morrow at Ten of the Clock in the Morning to this Place; the Court giving notice that they then intended to Ad∣journ from thence to Westminster-Hall.

Sabbati, 27 Jan. 1648.

Painted Chamber.

Three Proclamations being made, The Court is thereupon called.

Commissioners present.

• John Bradshaw, Serjeant at Law, Lord President.
• ...Oliver Cromwell.
• ...Henry Ireton.
• Sir Hardress Waller.
• ...Valentine Wauton.
• ...Thomas Harrison.
• ...Edward Whalley.
• ...Thomas Pride.
• ...Isaac Ewers.
• Tho. Lord Grey of Groby.
• Sir John Danvers.
• Sir Thomas Maleverer, Baronet.
• Sir John Bourchier, Kt.
• ...William Heveningham.
• ...Henry Marten.
• ...William Purefoy.
• ...John Berkstead.
• ...Matthew Tomlinson.
• ...John Blackistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• ...Edmund Ludlow.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne.
• ...Owen Roe.
• ...Robert Lilbourne.
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Okey.
• ...Augustine Garland.
• ...George Fleetwood.
• ...James Temple.
• ...Daniel Blagrave.
• ...John Browne.
• ...John Huson.
• ...William Goffe.
• ...Cornelius Holland.
• ...John Carew.
• ...John Jones.
• ...Miles Corbet.
• ...Francis Allen.
• ...Peregrine Pelham.
• ...Tho. Challoner.
• ...John Moore.
• ...William Say.
• ...John Alured.
• ...Henry Smith.
• ...Humphrey Edwards.
• ...Gregory Clement.
• ...Thomas Wogan.
• Sir Gregory Norton, Bar.
• ...Edmund Harvey.
• ...John Venn.
• ...Thomas Scott.
• Tho. Andrews, Ald. of Lond.
• ...William Cawley.
• ...Anthony Stapeley.
• ...John Downes.
• ...Thomas Horton.
• ...Tho. Hamond.
• ...John Lisle.
• ...Nicholas Love.
• ...Vincent Potter.
• ...John Dixwell.
• ...Simon Meyne.
• ...Peter Temple.
• ...Thomas Waite.

The Sentence agreed on, and ordered by this Court 26 Instant, to be ingrossed, being accordingly ingros∣sed, was read.

Resolved, That the Sentence now read shall be the Sen∣tence of this Court for the Condemnation of the King, which shall be Read and Published in Westminster-Hall this day.

The Court hereupon considered of certain Instru∣ctions for the Lord President, to manage the Business of this day in Westminster-Hall; and Ordered,

That the Lord President do manage what Discourse shall happen between him and the King, according to his discretion, with the advice of his two Assistants; and that in case the King shall still persist in excepting against the Courts Jurisdiction, to let him know that the Court do still affirm their Jurisdiction.

That, in case the King shall submit to the Jurisdiction of the Court, and pray a Copy of the Charge, that then the Court do withdraw and advise.

That, in case the King shall move any thing else worth the Courts Consideration, that the Lord President upon Advice of his said Assistants, do give Order for the Courts with∣drawing to advise.

That, in case the King shall not submit to Answer, and there happen no such Cause of withdrawing, that then the Lord President do command the Sentence to be read; but that the Lord President should hear the King say what he would before the Sentence, and not after.

And thereupon it being further moved, Whether the Lord President should use any Discourse or Speeches to the King, as in the case of other Prisoners to be condemned, was usual before the Publishing of the Sentence, received general Directions to do therein as he should see cause, and to press what he should conceive most seasonable and sutable to the Occasion. And it was further directed, That after the Reading of the Sentence, the Lord President should declare, that the same was the Sentence, Judgment and Resolution of the whole Court, and that the Commissioners should thereupon signifie their Consent by standing up.

The Court forthwith Adjourned it self to Westmin∣ster-Hall.

27 Jan. 1648. post Merid. Westminster-Hall.

The Lord President, and the rest of the Commission∣ers come together from the Painted Chamber to West∣minster-Hall, according to their Adjournment, and take their Seats there, as formerly; and three Pro∣clamations being made for Attendance and Silence,

The Court is called.

The Commissioners Present.

• * 5.3John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...John Lisle,
• ...William Say.
• ...Oliver Crowwell.
• ...Henry Ireton.
• Sir Hardress Waller, Knight.
• Sir John Bourchier, Kt.
• ...William Heveningham.
• Isaac Pennington, Ald. of Lond.
• ...Henry Marten.
• ...William Purefoy.
• ...John Barkstead.
• ...Matthew Tomlinson.
• ...John Blackistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• ...Edmond Ludlow.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...Robert Tichbourne,
• ...Owen Roe.
• ...Robert Lilbourne▪
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Okey.
• ...John Huson,
• ...William Goffe.
• ...Cornelius Holland▪
• ...John Carew▪
• ...John Jones.
• ...Miles Corbet,
• ...Francis Allen.
• ...Peregr. Pelham.
• ...Daniel Blagrave.
• ...Valentine Wauton.
• ...Thomas Harrison.
• ...Edward Whalley.
• ...Thomas Pride.
• ...Isaac Ewers.
• Tho. L. Grey of Groby.
• Sir John Danvers.
• Sir Thomas Maleve••e••▪ Bar.
• ...John Moore.
• ...John Alured.
• ...Henry Smith.
• ...Humphrey Edwards,
• ...Gregory Clement.
• ...Thomas Wogan.
• Sir Gregory Norton, Bar.
• ...Edmond Harvey.
• ...John Venn.
• ...Thomas Scot.
• Tho. Andrews, Ald. of Lond.
• ...William Cawle••.
• ...Anthony Stapeley.
• ...John Downs.
• ...Thomas Horton.
• ...Thomas Hamond.
• ...Nicholas Love.
• ...Vincent Potter.
• ...Augustine Garland.
• ...John Dixwell.
• ...George Fleetwood.
• ...Simon Meyne.
• ...James Temple.
• ...Peter Temple.
• ...Thomas Waite.

The Prisoner is brought to the Bar, and Proclama∣tion is again (as formerly) made for Silence; and the Captain of the Guard ordered to take into his Custody all such as should disturb the Court.

The President stood up, with an intention of address to the People, and not to the Prisoner, who had so often declined the Jurisdiction of the Court; which the Prisoner observing, moved he might be heard be∣fore Judgment given; whereof he received assurance from the Court, and that he should be heard after he had heard them first.

Whereupon the Court proceeded, and remembred the great Assembly then present, of what had for∣merly passed betwixt the Court and the Prisoner, the Charge against him in the Name of the People of England, exhibited to them, being a Court constitu∣ted by the Supream Authority of England, his refu∣sal three several days and times to own them as a Court, or to answer to the Matter of his Charge, his thrice recorded Contumacy, and other his Contempts and Defaults in the precedent Courts; upon which, the Court then declared, that they might not be want∣ing to themselves, or to the Trust reposed in them, and that no mans Wilfulness ought to serve him to prevent Justice; and that they had therefore thought fit to take the substance of what had passed, into their serious consideration, to wit, the Charge, and the Pri∣soners Contumacy, and the Confession which in Law doth arise upon that Contumacy, the Notoriety of the Fact charged, and other the Circumstances material in the Cause; and upon the whole Matter, had resol∣ved and agreed upon a Sentence then ready to be pro∣nounced against the Prisoner: But that in regard of his desire to be further heard, they were ready to hear him as to any thing material which he would offer to their consideration before the Sentence given, rela∣ting to the Defence of himself concerning the Matter charged; and did then signifie so much to the Priso∣ner; who made use of that leave given, only to pro∣test his respects to the Peace of the Kingdom, and Li∣berty of the Subject; and to say, That the same made

him at last to desire, That having somewhat to say that con∣cerned both, he might before the Sentence given, be heard in the Painted Chamber, before the Lords and Commons; say∣ing, it was fit to be heard, if it were Reason which he should offer, whereof they were Judges: And pressing that Point much, he was forthwith answered by the Court, and told,

That, that which he had moved was a declining of the Jurisdiction of the Court, whereof he had Caution frequently before given him.

That, it sounded to further delay, of which he had been too much guilty.

That, the Court being founded (as often had been said) upon the Authority of the Commons of England, in whom rested the Supream Jurisdiction, the motion tended to set up another, or a co-ordinate Jurisdiction in derogation of the Power whereby the Court sate, and to the manifest delay of theif Justice; in which regard, he was told, they might forthwith proceed to Sentence; yet for his further satisfacti∣on of the entire Pleasure and Judgment of the Court, upon what he had then said, he was told, and accordingly it was declared, that the Court would withdraw half an hour.

The Prisoner by command being withdrawn, the Court make their recess into the Room called The Court of Wards, considered of the Prisoners Motion, and gave the President Direction to declare their Dis∣sent thereto, and to proceed to the Sentence.

The Court being again set, and the Prisoner re∣turned, was according to their Direction, informed, That he had in effect received his Answer before the Court withdrew, and that their Judgment was (as to his Motion) the same to him before declared; That, the Court acted, and were Judges appointed by the Highest Authority, and that Judges were not to delay, no more than to deny Justice; That, they were good words in the great old Charter of England, Nulli negabimus, nulli vendemus, nulli differemus Justitiam vel Rectum. That, their Duty called upon them to avoid further Delays, and to proceed to Judgment; which was their unanimous Resolution.

Unto which, the Prisoner replied, and insisted up∣on his former Desires, confessing a delay, but that it was important for the Peace of the Kingdom, and therefore pressed again with much earnestness to be heard before the Lords and Commons.

In Answer whereto, he was told by the Court, That they had fully before considered of his Proposal, and must give him the same Answer to his renewed desires, and that they were ready to proceed to Sentence, if he had nothing more to say.

Whereunto he subjoyned, He had no more to say; but desired that might be Entred which he had said.

Hereupon, after some Discourse used by the Presi∣dent, for vindicating the Parliaments Justice, explain∣ing the Nature of the Crimes of which the Prisoner stood charged, and for which he was to be condemn∣ed; and by way of Exhortation to the Prisoner, to a serious Repentance for his high Transgressions a∣gainst God and the People, and to prepare for his E∣ternal Condition;

The Sentence formerly agreed upon, and put down in Parchment-Writing, O Yes being first made for Silence, was by the Courts Command, solemnly pro∣nounced and given: the Tenor whereof followeth.

Whereas the Commons of England Assembled in Parlia∣ment, have by their late Act, Entituled, An Act of the Commons of England Assembled in Parliament, for Erect∣ing of an High Court of Justice for the Trying and Judg∣ing of CHARLES STƲART K. of England; Authorized and Constituted us an High Court of Justice for the Try∣ing and Judging of the said CHARLES STUART, for the Crimes and Treasons in the said Act mentioned; By vertue whereof, the said CHARLES STUART hath been three several times convented before this High Court, where, the first Day, being Saturday the Twentieth of Jan. instant, in pursuance of the said Act, a Charge of high Trea∣son and other high Crimes, was in the behalf of the People of England, Exhibited against him, and read openly unto him, wherein he was charged, That he the said CHARLES

STUART, being admitted King of England, and therein trusted with a limited Power, to govern by and according to the Law of the Land, and not otherwise; and by his Trust, Oath and Office, being obliged to use the Power committed to him, for the Good and Benefit of the People, and for the preservation of their Rights and Liberties; Yet nevertheless, out of a wicked Design to erect and uphold in himself an Ʋnlimited and Tyran∣nical Power to rule according to his Will, and to overthrow the Rights and Liberties of the People, and to take away and make void the Foundations thereof, and of all Redress and Remedy of Misgovernment, which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf, in the Right and Power of frequent and successive Parliaments, or National Meetings in Councel, he, the said CHARLES STƲART, for accomplishment of such his Designs, and for the protecting of himself and his Adherents in his and their wicked Practices, to the same End, hath trayterously and maliciously Levied War against the present Parliament, and People there∣in represented, as with the Circumstances of Time and Place, is in the said Charge more particularly set forth; And that he hath thereby caused and procured many Thousands of the free People of this Nation to be slain; and by Divisions, Par∣ties and Insurrections within this Land, by Invaisons from Fo∣reign Parts, endeavoured and procured by him, and by many other evil ways and means, he the said CHARLES STƲART hath not only maintained and carried on the said War both by Sea and Land, but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present Year 1648. in several Counties and Places in this Kingdom in the Charge specified; and that he hath for that purpose given his Commission to his Son the Prince, and others, whereby besides multitudes of other persons, many, such as were by the Parliament intrusted and employed, for the Safety of this Nation, being by him or his Agents corrupted, to the betraying of their Trust, and revolt∣ing from the Parliament, have had Entertainment and Com∣mission for the continuing and renewing of the War and Hosti∣lity against the said Parliament and People; and that by the said cruel and unnatural War so levied, continued and renewed, much innocent Blood of the free People of this Nation hath been spilt, many Families undone, the Publick Treasure wasted,

Trade obstructed, and miserably decayed, vast expence and dam∣mage to the Nation incurred, and many parts of the Land spoil∣ed, some of them even to desolation; and that he still continues his Commission to his said Son, and other Rebels and Revolters, both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him, from whom further Invasions upon this Land are threatned by his Procurement, and on his behalf; And that all the said wicked Designs, Wars and evil Practices of him the said CHARLES STƲART, were still carried on for the Advancement and Ʋpholding of the Personal Interest of Will, Power and pretended Prerogative to himself and his Family, against the Publick Interest, Common Right, Liberty, Justice and Peace of the People of this Nation; And that he thereby hath been and is the Occasioner, Author and Continuer of the said unnatural, cruel and bloody Wars, and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoils, De∣solations, Dammage, & Mischief to this Nation, acted and com∣mitted in the said Wars, or occasioned thereby: Whereupon, the Proceedings and Judgment of this Court were prayed a∣gainst him, as a Tyrant, Traytor and Murtherer, and publick Enemy to the Commonwealth, as by the said Charge more fully appeareth: To which Charge being read unto him as aforesaid, He the said CHARLES STƲART was required to give his Answer; but he refused so to do. And upon Monday, the twenty second day of January instant, being again brought before this Court, and there required to answer directly to the said Charge, he still refused so to do; whereupon his Default and Contumacy was Entred: and the next day, being the third time brought before the Court, Judgment was then prayed against him on the behalf of the People of England, for his Contumacy, and for the Matters contained against him in the said Charge, as taking the same for confest, in regard of his refusing to Answer thereto: Yet notwithstanding, this Court (not willing to take advantage of his Contempt) did once more require him to Answer to the said Charge, but he again refused so to do; Ʋpon which his several Defaults, this Court might justly have proceeded to Judgment against him, both for his Contumacy, and the Matters of the Charge, taking the same for confest, as aforesaid.

Yet nevertheless, this Court for their own clearer Information, and further satisfaction, have thought fit to examine Witnesses upon Oath, and take notice of other Evidences touching the Matters contained in the said Charge, which accordingly they have done.

Now therefore upon serious and mature deliberation of the Pre∣mises, and consideration had of the Notoreity of the Matters of Fact charged upon him as aforesaid, this Court is in judgment and Conscience satisfied that he the said CHARLES STƲART is guilty of Levying War against the said Parliament, and People, and maintaining and continuing the same; for which in the said Charge he stands accused, and by the general course of his Government, Councels and Practices before and since this Parliament began (which have been, and are noto∣rious and publick, and the Effects whereof remain abundantly upon Record) this Court is fully satisfied in their Judgments and Consciences, that he hath been and is guilty of the wicked Designs and Endeavors in the said Charge set forth, and that the said War hath been Levied, maintained and continued by him, as aforesaid, in prosecution and for accomplishment of the said Designs; And that he hath been and is the Occasioner, Author and Continuer of the said unnatural, cruel and bloody Wars, and therein guilty of High Treason, and of the Mur∣thers, Rapines, Burnings, Spoils, Desolations, Dammage and Mischief to this Nation, acted and committed in the said War, and occasioned thereby. For all which Treasons and Crimes, this Court doth adjudge, That he the said CHARLES STƲART, as a Tyrant, Traytor, Murtherer and Publick Ene∣my to the good People of this Nation, shall be put to Death by the severing of his Head from his Body.

This Sentence being read, the President spake as followeth;

The Sentence now Read and Published, is the Act, Sen∣tence, Judgment and Resolution of the whole Court.

Whereupon the whole Court stood up and owned it.

The Prisoner being withdrawn, the Court Ad∣journed it self forthwith into the Painted Chamber.

The Court being sate in the Painted Chamber, accord∣ing to Adjournment from Westminster-Hall aforesaid;

Painted Chamber. Commissioners present.

• John Bradshaw, Serjeant at Law, Lord President.
• ...John Lisle.
• ...William Say.
• ...Oliver Cromwell.
• ...Henry Ireton.
• Sir Hardress Waller.
• ...Thomas Waite.
• ...Thomas Harrison.
• ...Edward Whalley.
• ...Thomas Pride.
• ...Isaac Ewers.
• Tho. Lord Grey of Groby.
• Sir John Danvers.
• Sir Thomas Maleverer, Baronet.
• Sir John Bourchier, Kt.
• ...William Heveningham.
• Isaac Pennington Ald. of Lond.
• ...John Downes.
• ...Henry Marten.
• ...John Berkstead.
• ...Matthew Tomlinson.
• ...Gilbert Millington.
• ...John Blackistone.
• Sir William Constable, Bar.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...John Dixwell.
• ...James Temple.
• Tho. Andrews, Ald. of Lond.
• ...Anthony Stapeley.
• ...Tho. Hamond.
• ...Peter Temple.
• ...Edmund Ludlow.
• ...Robert Tichbourne.
• ...Nicholas Love.
• ...Owen Roe.
• ...Robert Lilbourne.
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Okey.
• ...Simon Meyne.
• ...John Huson.
• ...William Goffe.
• ...Cornelius Holland.
• ...John Carew.
• ...John Jones.
• ...Miles Corbet.
• ...Francis Allen.
• ...Peregrine Pelham.
• ...Tho. Challoner.
• ...John Moore.
• ...John Alured.
• ...Henry Smith.
• ...Humphrey Edwards.
• ...Gregory Clement.
• ...Thomas Wogan.
• Sir Gregory Norton, Bar.
• ...John Venn.
• ...Thomas Scott.
• ...Edmund Harvey.
• ...William Cawley.* 5.4
• ...Thomas Horton.
• ...Augustine Garland.
• ...Daniel Blagrave.

Sir Hardress Waller, Col. Harrison, Commissary Gen. Ireton, Col. Deane, and Col. Okey, are appointed to con∣sider of the Time and Place for the Execution of the Sentence against the King.

And then the Court Adjourned it self till Monday Morning at Eight of the Clock to this Place.

The more full Account of this Days Action, take as follows.

The King being come in in his wonted Posture, with his Hat on, some of the Soldiers began to call for Ju∣stice, Justice, and Execution: But Silence being Com∣manded, His Majesty began:

I desire a Word, to be heard a little; and I hope I shall give no occasion of Interruption.

Bradshaw Sawcily Answered,

You may answer in your time, Hear the Court first.

His Majesty patiently Replied,

If it please you, Sir, I desire to be heard; and I shall not give any occasion of interruption; and it is only in a word. A sudden Judgment—

Bradshaw.

Sir, You shall be heard in due time; but you are to hear the Court first.

King.

Sir, I desire it; it will be in order to what I be∣lieve the Court will say: and therefore, Sir,—A hasty Judg∣ment is not so soon recalled.

Bradshaw.

Sir, You shall be heard before the Judg∣ment be given; and in the mean time you may for∣bear.

King.

Well, Sir, Shall I be heard before the Judgment be given?

Bradshaw.

Gentlemen, It is well known to all or most of you here present, That the Prisoner at the Bar hath been several times convented and brought before this Court, to make Answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England:* 5.5 To which Charge being required to Answer, he hath been so far from obeying the Commands of the Court, by submitting to their Justice, as he began to take upon him to offer Reasoning and Debate unto the Autho∣rity of the Court, and to the Highest Court, that

pointed them to Try and Judge him: But being over∣ruled in that,, and required to make his Answer, he was still pleased to continue contumacious, and to re∣fuse to submit to answer.

Hereupon, the Court, that they might not be wanting to themselves, nor the Trust reposed in them, nor that any mans Wilfulness prevent Justice, they have thought fit to take the Matter into their consideration; they have considered of the Charge, they have considered of the Contumacy, and of that Confession which in Law doth arise upon that Contu∣macy; they have likewise considered of the Notorie∣ty of the Fact charged upon this Prisoner: And upon the whole Matter, they are resolved, and are agreed upon a Sentence to be pronounced against this Prisoner. But in respect he doth desire to be heard before the Sentence be read and pronounced, the Court hath resolved that they will hear him.

Yet, Sir, Thus much I must tell you beforehand, which you have been minded of at other Courts, That if that which you have to say, be to offer any debate concerning the Jurisdiction, you are not to be heard in it. You have offered it formerly, and you have struck at the Root, that is, the Power and Su∣pream Authority of the Commons of England; which this Court will not admit a Debate of, and which indeed it is an irrational thing in them to do, being a Court that acts upon Authority derived from them. But, Sir, if you have any thing to say in Defence of your self concerning the Matter Charged, the Court hath given me in command to let you know they will hear you.

King.

Since I see that you will not hear any thing of De∣bate concerning that which I confess I thought most material for the Peace of the Kingdom, and for the Liberty of the Subject, I shall wave it, I shall speak nothing to it: But on∣ly I must tell you, That this many-a-day all things have been taken away from Me, but that that I call dearer to Me than My Life, which is My Conscience, and My Honour: And if I had a respect to My Life more than the Peace of the Kingdom, and the Liberty of the Subject, certainly

I should have made a particular Defence for my self; for by that at leastwise I might have delayed an ugly Sentence, which I believe will pass upon me. Therefore certainly, Sir, as a man that hath some understanding, some knowledge of the World, if that my true Zeal to my Countrey, had not overborn the care that I have for my own Preservation, I should have gone another way to work than that I have done. Now, Sir, I conceive that an hasty Sentence once past, may sooner be repent∣ed of, than recalled: And truly, the self same desire that I have for the Peace of the Kingdom, and the Liberty of the Subject, more than my own particular Ends, makes me now at last de∣sire, That I having something to say that concerns both, before Sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons. This Delay cannot be prejudicial unto you, whatsoever I say. If that I say no reason, those that hear me must be Judges, I cannot be Judge of that that I have. If it be Reason, and re∣ally for the Welfare of the Kingdom, and the Liberty of the Subject, I am sure on it, it is very well worth the hearing: Therefore I do conjure you, as you love that that you pretend, (I hope it is real) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this Hearing before any Sen∣tence be past. I only desire this, That you will take this in∣to your consideration; it may be you have not heard of it before∣hand. If you will, I will retire, and you may think of it: but if I cannot get this Liberty, I do protest, That these fair Shews of Liberty and Peace are pure Shews, and that you will not hear your King.

Bradshaw.

Sir, You have now spoken.

King.

Yes, Sir.

Bradshaw.

And this that you have said, is a fur∣ther declining of the Jurisdiction of this Court, which was the thing wherein you were limited be∣fore.

King.

Pray excuse Me, Sir, for my interruption, because you mistake Me. It is not a declining of it; you do judge Me before you hear me speak. I say it will not, I do not decline it; though I cannot acknowledge the Jurisdiction of the Court, yet, Sir, in this, give Me leave to say, I would do it, though I did not acknowledge it; in this I do protest, it is not the decli∣ning of it, since, I say, if that I do say any thing but that

that is for the Peace of the Kingdom, and the Liberty of the Subject, then the shame is Mine. Now I desire that you will take this into your consideration: if you will, I will with∣draw.

Bradshaw.

Sir, This is not altogether new that you have moved to us, not altogether new to us, though the first time in person you have offered it to the Court. Sir, You say you do not decline the Jurisdicti∣on of the Court.

King.

Not in this that I have said.

Bradshaw.

I understand you well, Sir; but never∣theless, that which you have offered, seems to be con∣trary to that Saying of yours; for the Court are rea∣dy to give a Sentence. It is not as you say, That they will not hear their King; for they have been ready to hear You; they have patiently waited Your plea∣sure for three Courts together, to hear what You would say to the Peoples Charge against You: To which You have not vouchsafed to give any Answer at all. Sir, this tends to a further Delay. Truly, Sir, such Delays as these, neither may the Kingdom nor Justice well bear. You have had three several days to have offered in this kind what You would have pleased. This Court is founded upon that Authority of the Commons of England, in whom rests the Supream Jurisdiction. That which You now tender, is to have another Jurisdiction, and a co-ordinate Jurisdiction. I know very well You express Your self, Sir, That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber, yet nevertheless You would proceed on here; I did hear You say so. But, Sir, that You would offer there, whatever it is, must needs be in Delay of the Justice here; so as if this Court be resolved and prepared for the Sentence, this that You offer they are not bound to grant. But, Sir, According to that You seem to desire, and be∣cause You shall know the further Pleasure of the Court upon that which You have moved, the Court will withdraw for a time.

This he did to prevent the disturbance of their Scene by one of their own Members, Col. John Downes, who could not stifle the Reluctance of his Consci∣ence, when he saw his Majesty press so earnestly for a short Hearing; but declaring himself unsatisfied, forced them to yield to the King's Request.

King.

Shall I withdraw?

Bradshaw.

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

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

Serjeant at Arms.

The Court gives Command that the Prisoner be withdrawn; and they give Order for his Return again.

Then withdrawing into the Chamber of the Court of Wards, their Business was not to consider of His Majesties Desire, but to chide Downes, and with Reproachs and Threats to harden him to go through the remainder of their Villany with them.

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

Serjeant at Arms, Send for your Prisoner.

Who being come, Bradshaw proceeded.

Sir, You were pleased to make a Motion here to the Court, to offer a Desire of yours touching the pro∣pounding of somewhat to the Lords and Commons in the Painted Chamber, for the Peace of the Kingdom. Sir, You did in effect receive an Answer before the Court Adjourned: Truly, Sir, their Withdrawing and Adjournment was pro forma tantum; for it did not seem to them that there was any difficulty in the

thing. They have considered of what you have mo∣ved, and have considered of their own Authority, which is founded, as hath been often said, upon the Supream Authority of the Commons of England Assem∣bled in Parliament: The Court acts accordingly to their Commission. Sir, The Return I have to you from the Court is this, That they have been too much delayed by you already, and this that you now offer, hath occasioned some little further Delay; and they are Judges appointed by the highest Authority, and Judges are no more to delay, than they are to deny Justice: They are good Words in the Great Old Charter of England, Nulli negabimus, nulli vendemus, nulli deferemus Justitiam: There must be no Delay. But the truth is, Sir, and so every man here observes it, that you have much delayed them in your Contempt and Default, for which they might long since have proceeded to Judgment against you; and notwith∣standing what you have offered, they are resolved to proceed to Sentence and to Judgment, and that is their unanimous Resolution.

King.

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

For this Delay that I have desired, I confess it is a Delay; but it is a Delay very important for the Peace of the King∣dom: For it is not My Person that I loook at alone, it is the Kingdoms Welfare, and the Kingdoms Peace.

It is an old Sentence, That we should think on long before we resolve of great Matters suddenly. There∣fore, Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confess I have been here now, I think, this Week, this day eight days was the day I came here first; but a little Delay of a Day or two further, may give Peace, whereas a hasty Judgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the Child that is unborn may repent it. And therefore again, out of the Duty I owe to God and to My Countrey, I do desire that I may be heard by the Lords and Commons in the Painted

Chamber, or any other Chamber that you will appoint Me.

Bradshaw.

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

King.

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

Bradshaw.

Sir, I have received Direction from the Court.

King.

Well, Sir.

Bradshaw.

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

King.

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

Bradshaw.

The Court then, Sir, hath something to say unto you, which although I know it will be ve∣ry unacceptable, yet notwithstanding they are wil∣ling and are resolved to discharge their Duty.

Then Bradshaw went on in a long Harangue, endea∣vouring to justifie their Proceedings, misapplying Law and History, and raking up and wresting what∣soever he thought fit for his purpose, alledging the Examples of former Treasons and Rebellions, both at home and abroad, as authentick Proofs; and con∣cluding, that the King was a Tyrant, Traytor, Murthe∣rer, and Publick Enemy to the Commonwealth of Eng∣land.

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

I would desire only one Word before you give Sentence, and that is, That you would hear Me concerning those great impu∣tations that you have laid to My Charge.

Bradshaw.

Sir, You must give me now leave to go on; for I am not far from your Sentence, and your time is now past.

King.

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

Bradshaw.

Sir, I must put you in mind: Truly, Sir, I would not willingly, at this time especially, inter∣rupt you in any thing you have to say that is proper for us to admit of: But, Sir, You haue not owned us as a Court, and you look upon us as a sort of People met together, and we know what Language we re∣ceive from your Party.

King.

I know nothing of that.

Bradshaw.

You disavow us as a Court, and there∣fore for you to address your self to us, not to acknow∣ledge us as a Court to judge of what you say, it is not to be permitted. And the truth is, all along from the first time you were pleased to disavow and dis∣own us, the Court needed not to have heard you one word; for unless they be acknowledged a Court, and engaged, it is not proper for you to speak. Sir, we have given you too much liberty already, and ad∣mitted of too much Delay, and we may not admit of any further. Were it proper for us to do, we should hear you freely, and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether for totally excu∣sing, or for in part excusing those great and heinous Charges that in whole or in part are laid upon you. But, Sir, I shall trouble you no longer; your Sins are of so large a dimension, that if you do but seri∣ously think of them, they will drive you to a sad

consideration, and they may improve in you a sad and serious Repentance. And that the Court doth hear∣tily wish, that you may be so penitent for what you have done amiss, that God may have Mercy at least∣wise upon your better part. Truly, Sir, for the other, it is our Parts and Duties to do that that that the Law prescribes. We are not here Jus dare, but Jus dicere: We cannot be unmindful of what the Scrip∣ture tells us; For to acquit the Guilty, is of equal abomina∣tion as to condemn the Innocent. We may not acquit the Guilty. What Sentence the Law affirms to a Traytor, Tyrant, a Murtherer, and a Publick Enemy to the Country, that Sentence you are now to hear read unto you; and that is the Sentence of the Court.

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

Which done, their Clerk, Broughton, read the Sen∣tence, drawn up in Parchment.

Whereas the Commons of England in Parliament, had appointed them an High Court of Justice for the Trial of CHARLES STƲART, King of England, before whom he had been three times convented, and at the first time a Charge of High Treason, and other Crimes and Mis∣demeanors, was read in the behalf of the Kingdom of England,

[Here the Charge was repeated.]

Which Charge being read unto him as aforesaid, he the said CHARLES STUART, was required to give his An∣swer; but he refused so to do:

[Expressing the several Passages of his refusing in the former Proceedings.]

For all which Treasons and Crimes, this Court doth ad∣judge, That he the said CHARLES STUART, as a Tyrant, Traytor, Murderer, and a Publick Enemy, shall be put to Death by the severing of his Head from his Body.

Which being read, Bradshaw added,

The Sentence now Read and Published, is the Act, Sen∣tence, Judgment and Resolution of the whole Court.

To which they all expressed their Assent by stand∣ing up, as was before Agreed and Ordered.

His Majesty then said,

Will you hear me a Word, Sir?

Bradshaw.

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

King.

No, Sir?

Bradshaw.

No, Sir; by your Favour, Sir. Guard, Withdraw your Prisoner.

King.

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

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

I am not suffered to speak; expect what Justice other Peo∣ple will have.

His Majesty being taken away by the Guard, as he passed down the Stairs, the insolent Soldiers scoffed at him, casting the smoke of their Tobacco (a thing very distastful unto him) in his Face, and throwing their Pipes in his way; And one more insolent than the rest, spitting in his Face, his Majesty, according to his wonted Heroick Patience, took no more notice of so strange and barbarous an Indignity, than to wipe it off with his Handkerchief.

As he passed along, hearing the Rabble of Soldiers, crying out, Justice, Justice; he said,

Poor Souls, for a piece of Money they would do so for their Commanders.

Being brought first to Sir Robert Cotton's, and thence to Whitehall, the Soldiers continued tneir brutish Car∣riage toward him, abusing all that seemed to shew any respect, or even Pity to him; not suffering him to rest in his Chamber, but thrusting in, and smoking their Tobacco, and disturbing his Privacy.

But through all these Tryals (unusual to Princes) he passed with such a calm and even Temper, that he let fall nothing unbeseeming his former Majesty and Magnanimity.

In the Evening, a Member of the Army acquaint∣ed the Committee with his Majesties Desire, That see∣ing they had passed a Sentence of Death upon him, and his time might be nigh, he might see his Children; and Doctor Juxon Bishop of London, might be admitted to assist him in his private Devotions, and Receiving the Sacrament.

Both which at length were granted.

And the next day, being Sunday, He was attended by the Guard to S. James's; where the Bishop Preach∣ed before Him upon these Words, In the day when God shall judge the Secrets of all Men by Jesus Christ according to my Gospel.

HIS MAJESTIES SPEECH TO THE Lady ELIZABETH, AND HENRY Duke of GLOƲCESTER, January 29. 1648/9.

Of His Majesties Discourse to His Children, there being Several Relations, it is thought fit to repre∣sent the Several Copies.

I. A True Relation of the King's Speech to the Lady Elizabeth, and the Duke of Gloucester, the Day before his Death.

HIS Children being come to meet Him, He first gave His Blessing to the Lady Elizabeth; and bade her remember to tell her Brother James, whenever she should see him, that it was his Fathers last Desire, that he should no more look upon Charles as his Eldest Brother only, but be obedient unto him as his Sovereign: And that they should love one ano∣ther, and forgive their Father's Enemies. Then said the King to her, Sweet-Heart, You will forget this. No, said she, I shall never forget it whilst I live; and pouring forth abundance of Tears, promised Him to write down the Particulars.

Then the King taking the D. of Gloucester upon His Knee, said, Sweet-Heart, Now they will cut off thy Fathers Head (upon which Words, the Child looked very stedfastly upon Him) Mark, Child, what I say; They will cut off My Head, and perhaps make Thee a King: But mark what I say, You must not be a King so long as Your Bro∣thers Charles and James do live; for they will cut off Your Brothers Heads (when they can catch them) and cut off Thy Head too at last; and therefore I charge You, do not be made a King by them. At which, the Child sighing, said, I will be torn in pieces first. Which falling so unexpectedly from one so young, it made the King rejoyce exceed∣ingly.

II. Another Relation from the Lady Elizabeths own Hand.

WHat the King said to Me the 29th. of January 1648. Being the last time I had the happiness to see Him, He told Me, He was glad I was come; and although He had not time to say much, yet somewhat He had to say to me, which He had not to another, or leave in Writing, because He feared their Cruelty was such, as that they would not have permitted Him to write to me. He wished me not to grieve and torment my self for Him, for that would be a Glorious Death that He should die, it being for the Laws and Liberties of this Land, and for maintaining the True Protestant Religion. He bid me read Bishop Andrews's Sermons, Hooker's Ecclesia∣stical Polity, and Bishop Laud's Book against Fisher; which would ground me against Popery. He told me, He had forgiven all his Enemies, and hoped God would forgive them also; and commanded us, and all the rest of my Brothers and Sisters to forgive them. He bid me tell my Mother, that His Thoughts had never strayed from her, and that His Love should be the same to the last. Withal He commanded me and my Brother to be obedient to Her, and bid me

send His Blessing to the rest of my Brothers and Si∣sters, with Commendation to all His Friends.

So after He had given me His Blessing, I took my Leave.

Further, He commanded us all to forgive those People, but never to trust them, for they had been most false to Him, and to those that gave them Pow∣er; and He feared also to their own Souls: And de∣sired me not to grieve for Him, for he should die a Martyr; and that He doubted not but the Lord would settle His Throne upon His Son, and that we should be all happier than we could have expected to have been if he had lived. With many other things, which at present I cannot remember.

III. Another Relation from the Lady Elizabeth.

THE King said to the Duke of Gloucester, That he would say nothing to him but what was for the good of his Soul. He told him, that he heard the Army intended to make him King; but it was a thing not for him to take upon him, if he regarded the Welfare of his Soul, for he had two Brothers be∣fore him; and therefore commanded him upon his Blessing never to accept of it, unless it redounded lawfully upon him; and commanded him to fear the Lord, and he would provide for him.

Painted Chamber. Lunae, 29 Jan. 1648.

Three Proclamations made.

The Court is called.

The Commissioners Present.

• John Bradshaw, Serjeant at Law, Lord President of this Court.
• ...Oliver Crowwell.
• ...Henry Ireton.
• Sir Hardress Waller, Knight.
• ...Valentine Wauton.
• ...Thomas Harrison.
• ...Edward Whalley.
• ...Thomas Pride.
• ...Isaac Ewers.
• ...Richard Ingoldsby.
• Tho. L. Grey of Groby.
• Sir John Bourchier, Kt.
• ...Henry Marten.
• ...William Purefoy.
• ...John Barkstead.
• ...John Blackistone.
• ...Gilbert Millington.
• Sir William Constable, Bar.
• ...Edmond Ludlow.
• ...John Hutchinson.
• Sir Michael Livesey, Bar.
• ...James Temple.
• ...John Dixwell.
• ...Peter Temple.
• ...* 5.6Robert Tichbourne.
• ...Owen Roe.
• ...Adrian Scroope.
• ...Richard Deane.
• ...John Okey.
• ...John Huson.
• ...William Goffe.
• ...John Jones.
• ...Francis Allen.
• ...Peregr. Pelham.
• ...John Anlaby.
• ...William Say.
• ...Henry Smith.
• ...Humphrey Edwards.
• ...John Venn.
• ...Thomas Scot.
• ...William Cawley.
• ...Thomas Horton.
• ...John Lisle.
• ...Nicholas Love.
• ...Vincent Potter.
• ...Augustine Garland.
• ...Simon Meyne.
• ...Daniel Blagrave.

Upon Report made from the Committee for considering the Time and Place of the Executing of the Judgment against the King, that the said Com∣mittee have Resolved, That the open Street before White-Hall, is a fit Place, and that the said Committee conceive it fit that the King be there Executed the Morrow, the King having already Notice thereof; The Court approved thereof, and Ordered a Warrant

to be drawn for that purpose; which said Warrant was accordingly drawn and agreed unto, and Ordered to be Engrossed; which was done, and Signed and Sealed accordingly, as followeth, viz.

At the High Court of Justice for the Trying and Judging of CHARLES STƲART, King of England, Jan. 29. 1648.

WHereas CHARLES STƲART, King of England, is and standeth Convicted, Attainted and Condemned of High Treason, and other High Crimes, and Sentence upon Saturday last was Pronounced against him by this Court, to be put to Death by the severing of his Head from his Body, of which Sentence, Execution yet remaineth to be done; These are therefore to Will and Require you to see the said Sentence Executed in the open Street before White-Hall, upon the Morrow, being the Thirtieth Day of this instant Month of January, between the hours of Ten in the Mor∣ning, and Five in the Afternoon of the same Day, with full effect. And for so doing, this shall be your sufficient Warrant. And these are to require all Officers, Soldiers and others, the Good People of this Nation of England, to be assisting unto you in this Service.

Given under our Hands and Seals.

To Col. Francis Hacker, Col. Huncks, and Lieutenant Col. Phray, and to every of them.

Sealed and Subscribed by

• ...John Bradshaw.
• ...Tho. Grey.
• ...Oliver Cromwell.
• ...Edward Whalley.
• ...Michael Livesey.
• ...John Okey.
• ...John Danvers.
• ...John Bourchier.
• ...Henry Ireton.
• ...Thomas Maleverer.
• ...John Blackistone.
• ...John Hutchinson.
• ...William Goffe.
• ...Thomas Pride.
• ...Peter Temple.
• ...Tho. Harrison.
• ...John Huson.
• ...Henry Smith.
• ...Peregrine Pelham.
• ...Simon Meyne.
• ...Thomas Horton.
• ...John Jones.
• ...John Moore.
• ...Hardress Waller.
• ...Gilbert Millington.
• ...George Fleetwood.
• ...John Alured.
• ...Rob••rt Tilbourne.
• ...William Say.
• ...Anthony Stapeley.
• ...Richard Deane.
• ...Robert Tichbourne.
• ...Humphrey Edwards.
• ...Daniel Blagrave.
• ...Owen Roe.
• ...William Purefoy.
• ...Adrian Scroope.
• ...James Temple.
• ...Augustine Garland.
• ...Edmund Ludlow.
• ...Henry Marten.
• ...Vincent Potter.
• ...William Constable.
• ...Richard Ingoldsby.
• ...William Cawley.
• ...John Berkstead.
• ...Isaac Ewers.
• ...John Dixwell.
• ...Valentine Wauton.
• ...Gregory Norton.
• ...Tho. Challoner.
• ...Thomas Wogan.
• ...John Venn.
• ...Gregory Clement
• ...John Downes.
• ...Thomas Waite.
• ...Thomas Scott.
• ...John Carew.
• ...Miles Corbet.

It was Ordered, That the Officers of the Ordnance with∣in the Tower of London, or any other Officer or Officers of the Store within the said Tower, in whose Hands or Custody the bright Execution-Axe for the Executing Malefactors, is, do forthwith deliver unto Edward Dendy, Esq Serjeant at Arms, attending this Court, or his Deputy or Deputies, the said Axe; and for their or either of their so doing, this shall be their Warrant.

Directed to Col. John White, or any other Officer within the Tower of London, whom it concerneth.

The Court Adjourned till to morrow Morning at Nine of the Clock.

* 6.1 Mercurii, 30 Jan. 1648.

Painted Chamber, Commissioners meet.

Ordered, That Mr. Marshall, Mr. Nye, Mr. Caryl, Mr. Salway, and Mr. Dell be desired to Attend the King, to Administer to him those Spiritual Helps as should be sutable to his present Condition. And Lieut. Col. Goffe is desired forth∣with to repair unto them for that purpose.

Who did so, but after informed the Court, That the King being aquainted therewith, refused to confer with them; expressing, that he would not be troubled with them.

Ordered, That the Scaffold upon which the King is to be Executed, be covered with Black.

The Warrant for Executing the King, being ac∣cordingly delivered to those Parties to whom the same was directed, Execution was done upon him, according to the Tenor of the said Warrant, about Two of the Clock in the Afternoon of the said Thir∣tieth of January.

Mr. Phelpes makes as short Work of this part of the Narrative, as his Infamous Masters had done of their Pretended Tryal of this Illustrious Inno∣cent; and therefore to supply that Defect, take the following Account of the Conclusion of this Dismal Tragedy.

Tuesday, the Thirtieth of January, the Fatal Day, being come, the Commissioners met, and Ordered four or five of their Ministers to attend upon the King at St. James's, where they then kept him; but his Majesty well knowing what miserable Comfor∣ters they were like to prove, refused to have Confe∣rence with them.

That Morning, before his Majesty was brought thence, the Bishop of London (who with much ado was permitted to wait upon him a day or two before, and to assist him in that sad Instant) read Divine Ser∣vice in his Presence; in which the 27th. of St. Matt. (the History of our Saviours Crucifixion) proved the Second Lesson. The King supposing it to have been selected on purpose, thank'd him afterwards for his seasonable Choice: But the Bishop modestly declining that, undue Thanks, told him that it was the Lesson appointed by the Calendar for that day, He also then and there received of the Bishop the Holy Sacrament, and performed all his Devotions in prepa∣ration to his Passion.

Which ended, about Ten of the Clock his Majesty was brought from St. James's to White-Hall, by a Re∣giment of Foot, with Colours flying and Drums beating, part marching before, and part behind, with a private Guard of Partisans about him, the Bishop on the one hand, and Col. Tomlinson (who had the Charge of him) on the other, both bare-headed, his Majesty walking very fast, and bidding them go fa∣ster, added,

That, he now went before them to strive for an Heavenly

Crown, with less solicitude than he had often encouraged his Soldiers to fight for an Earthly Diadem.

Being come to the end of the Park, he went up the Stairs leading to the Long Gallery in White-Hall, & so in∣to the Cabinet-Chamber, where he us'd formerly to lodge. There finding an unexpected Delay in being brought upon the Scaffold, which they had not as then fitted, he past the time, at convenient Distances, in Prayer.

About Twelve of the Clock, his Majesty refusing to Dine,, only eat a Bit of Bread, and drank a Glass of Claret; and about an hour after, Col. Hacker, with other Officers and Soldiers, brought him, with the Bishop and Col. Tomlinson, through the Banquetting-House to the Scaffold, to which, the Passage was made through a Window.

Divers Companies of Foot and Troops of Horse were placed on each side of the Street, which hindred the Approach of the very numerous Spectators, and the King from speaking what he had premeditated, and prepared for them to hear.

Whereupon, his Majesty finding himself disap∣pointed, omitted much of his intended Matter; and for what he meant to speak, directed himself chiefly to Col. Tomlinson.

I shall be very little heard of any body here; I shall therefore speak a Word unto you here.

Indeed I could hold my peace very well, if I did not think that holding my peace would make some men think that I did submit to the Guilt as well as to the Punishment: But I think it is my Duty, to God first, and to my Country, for to clear my self both as an honest Man, a good King, and a good Chri∣stian.

I shall begin first with my Innocence.

In troth, I think it not very needful for me to insist long upon this; for all the World knows that I never did begin a War first with the Two Houses of Parliament, and I call God to witness, to whom I must shortly make an Account, that I never did intend for to encroach upon their Priviledges; they

began upon me; it is the Militia they began upon; they con∣fest that the Militia was mine, but they thought it fit for to have it from me. And to be short, if any body will look to the Dates of Commissions, of their Commissions and mine, and like∣wise to the Declarations, they will see clearly that they began these unhappy Troubles, not I. So that as to the guilt of these enormous Crimes that are laid against me, I hope in God that God will clear me of it. I will not (I am in Charity) God forbid that I should lay it on the Two Houses of Parlia∣ment; there is no necessity of either: I hope they are free of this Guilt. For I do believe that ill 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 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 God's Judg∣ments are just upon me; many times he does pay Justice by an unjust Sentence; that is ordinary. I will only say this, That an unjust Sentence that I suffered to take effect,* 6.2 is punished now by an unjust Sentence upon me. That is, — So far I have said, to shew you that I am an Innocent Man.

Now for to shew you that I am a good Christian;

* 6.3I hope there is a good Man that will bear me witness that I have forgiven all the World, and even those in particular that have been the chief causers 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 indeed they have committed a great Sin in that Particular; I pray God with St. Stephen, that this be not laid to their Charge. Nay, not only so, but that they may take the right way to the Peace of the Kingdom: For my Charity commands me not only to forgive particular men, but my Charity commands me to endeavour to the last gasp the Peace of the Kingdom. So, Sirs, I do wish with all my Soul, (and I do hope there is some here will carry it further) that they may endeavour the Peace of the Kingdom.* 6.4

Now, Sirs, I must shew you both how you are out of the way, and will put you in a way.

First, You are out of the way: For certainly all the way

you ever have had yet, as I could find by any thing, is in the way of Conquest. Certainly this is an ill way; for Conquest, Sir, in my opinion, is never just, except there be a good just Cause, either for matter of wrong or just Title; and then if you go beyond it, the first Quarrel that you have to it, that makes it unjust at the end that was just at the first. But if it be only matter of Conquest, then it is a great Robbery, as a Pyrate said to Alexander the Great, That he was the great Robber, he was but a petty Robber. And so, Sir, I do think the way that you are in is much out of the way.

Now, Sir, for to put you in the way; believe it, you will never do right, nor God will never prosper you, until you give God his Due, the King his Due (that is, My Successors) and the People their Due: I am as much for Them as any of you.

You must give God his Due, by Regulating rightly his Church according to his Scripture, which is now out of Order. For to set you in a way particularly, now I cannot, but only this, a National Synod, freely Called, freely Deba∣ting among themselves, must settle this, when that every Opinion is freely and clearly heard.

For the King, indeed I will not.—

(Then turning to a Gentleman that touched the Axe, he said,

Hurt not the Axe, that may hurt me.)

For the King, The Laws of the Land will clearly instruct you for that; therefore, because it concerns my own Particular, I only give you a Touch of it.

For the People: And truly I desire their Liberty and Free∣dom as much as any body whomsoever; but I must tell you that their Liberty and Freedom consists in having of Government, those Laws by which their Life and their Goods may be most their own. It is not for having share in Government, Sir; that is nothing pertaining to them: a Subject and a Sovereign are clear different things. And therefore until they do that, I mean, that you do put the People in that Liberty as I say, cer∣tainly 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 way, for to have all Laws changed according to the power of the Sword, I needed not to have come here; and therefore I tell you (and I pray God it be not laid to your Charge) that I am the MARTYR of the People.

In troth, Sirs, I shall not hold you much longer; for I will only say this to you, That in truth I could have desired some little time longer, because that I would have put this that I have said in little more order, and a little better digested than I have done, and therefore I hope you will excuse me.

I have delivered my Conscience, I pray God that you do take those courses that are best for the good of the Kingdom, and your own Salvation.

Then the Bishop said,

Though it be very well known what your Majesties Affecti∣ons are to the Protestant Religion, yet it may be expected that You should say somewhat for the Worlds satisfaction in that Par∣ticular.

Whereupon the King replied,

I thank you very heartily, My Lord, for that, I had al∣most forgotten it.

In troth, Sirs, My Conscience in Religion, I think is 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 England, as I found it left me by my Father;* 6.5 and this honest man I think will witness it.

Then turning to the Officers, He said,

Sirs, Excuse me for this same, I have a good Cause, and I have a gracious God, I will say no more.

Then to Col. Hacker he said,

Take care that they do not put me to pain. And, Sir, this, and it please you—

But a Gentleman coming near the Axe, the King said,

Take heed of the Axe, pray take heed of the Axe.

And to the Executioner he said,

I shall say but very short Prayers, and when I thrust out my hands—

Then he called to the Bishop for his Cap, and having put it on asked the Executioner,

Does my Hair trouble you?

Who desired him to put it all under his Cap; which as he was doing, by the help of the Bishop and the Ex∣ecutioner, he turned to the Bishop, and said,

I have a good Cause, and a gracious God on my side.

The Bishop said,

There is but one Stage more; which,* 6.6 though tur∣bulent and troublesome, yet it is a very short one; you may consider it will soon carry you a very great way; it will carry you from Earth to Heaven; and there you shall find, to your great Joy, the Prize you hasten to, a Crown of Glory.

The King adjoyns.

I go from a corruptible to an incorruptible Crown, where no disturbance can be, no disturbance in the world.

Bishop. You are exchanged from a Temporal to an Eternal Crown. A good Exchange!

Then the King asked the Executioner,

Is my Hair well?

And taking off his Cloak and George, he delivered his George to the Bishop, saying,

Remember.

Then putting off his Doublet, and being in his Wast-coat, he put on his Cloak again, and looking upon the Block, said to the Executioner,

You must set it fast.

Executioner.

It is fast, Sir.

King.

It might have been a little higher.

Executioner.

It can be no higher, Sir.

King.

When I put out my hands this way, then—

Then having said a few Words to himself, as he stood, with hands and eyes lift up, immediately stoop∣ing down, he laid his Neck upon the Block, and the Executioner again putting his Hair under his Cap, his Majesty thinking he had been going to strike bad him

Stay for the Sign.

Executioner.

Yes I will and it please your Majesty.

After a very short pause, his Majesty stretching forth his Hands, the Executioner severed his head from his Body: Which being held up and shewed to the People, was with his Body put into a Coffin covered with Velvet, and carried into his Lodging.

His Blood was taken up by divers Persons for dif∣ferent ends: By some as trophies of their Villany, by others as Reliques of a Martyr; and in some hath had the same effect by the Blessing of God, which was often found in his Sacred Touch when living.

The Malice of his Enemies ended not with his Life: For when his Body was carried to St. James's to be opened, they directed their Empiricks to search for such Symptoms as might disgrace his Person or his Posterity; but herein they were prevented by an honest Intruder, who gave a true account of his Sound and Excellent Temparament.

Being imbalmed and laid in a Coffin of Lead, to be seen for some dayes by the People, at length upon Wednesday the seventeenth of February, it was deli∣vered to four of His servants, Herbert, Mildmay, Pres∣ton and Joyner, who with some others in mourning Equipage attended the Herse that night to Windsor, and placed it in the Room which was formerly the Kings Bed-Chamber.

Next day it was removed into the Deans Hall, which was hung with black and made dark, and Lights were set burning round the Herse. About three Afternoon the Duke of Richmond, the Marquess of Hartford, the Earls of Southampton and Lindsey, and the Bishop of London, (others that were sent, to refusing that last service to the best of Princes) came thither with two Votes passed that morning, where∣by the ordering of the Kings Burial was com∣mitted to the Duke, provided that the Expences there∣of exceeded not Five Hundred Pound. This Order they shewed to Colonel Whichcot the Governour of the Cas∣tle desiring the interment might be in St. George's Chappel, and according to the Form of the Common-Prayer: The latter Request the Governour denied, say∣ing that it was improbable the Parliament would permit the use of what they had so solemnly abolish∣ed, and therein destroy their own Act.

The Lords replied.

That there was a difference betwixt destroying their own Act, and dispensing with it, and that no power so binds its own hands, as to disable it self in some cases. But all prevailed not.

The Governour had caused an ordinary Grave to be digged in the Body of the Church of Windsor for the interment of the Corps; which the Lords disdain∣ing found means by the direction of an Honest Man, one of the old Knights, to use an Artifice to discover a Vault in the middle of the Quire, by the hollow sound they might perceive in knocking with a staff upon that place; that so it

might seem to be their own accidental finding out, and no person receive blame for the discovery. This place they caused to be opened, and entring saw one large Coffin of Lead in the middle of the Vault cove∣red with a Velvet Pall, and a lesser on one side (sup∣posed to be Henry the eighth, and his beloved Queen Jane Saint-Maure) on the other side was room left for another (probably intended for Queen Katherine Parre, who survived him) where they thought fit to lay the King.

Hither the Herse was born by the Officers of the Garrison, the four Lords bearing up the Corners of the Velvet Pall, and the Bishop of London following. And in this manner was this great King, upon Fryday the ninth of February, about three, afternoon, Silently and without other Solemnity then of sighs and tears, committed to the Earth, the Velvet Pall being thrown into the vault over the Coffin, to which was fastned an Inscription in Lead of these Words,

King Charles, 1648.

Painted Chamber. The Commissioners of the High Court of Justice met, Jan. 30. 1648. post Merid.

• Col. Hewson.
• Col. Okey.
• Mr. Carey.
• Col. Deane.
• Mr. Allen.
• Mr. Scott.
• Col. Titchbourne.
• Mr. Holland.
• Col. Wauton.
• Col. Ja. Temple.
• Col. Ludlow.
• Mr. Meyne.
• Col. Rowe.

They or any five of them shall have power, and are hereby appointed a Committee to issue forth their Warrants under five of their Hands, to Captain John Blackwell, for Disbursing and Payment of such Sums of Money as they shall think fit for the Service of this Court, upon such Bills as they shall allow, and to take a particular Account of the Moneys al∣ready disbursed and to be disbursed for the Service of this Court, and to make Report thereof to this Court, and are to meet in Queens Court on Thursday at Nine in the Morning; and the Care hereof is particularly re∣ferred to Col. Titchbourne.

They thereupon Adjourned till the Morrow.

Painted Chamber, Febr. 1. 1648.

The Commissioners being met, Lieut. Col. Goffe, Col. Ewers, Col. Pride, Sir Hardress Waller, together with the rest of the Committee of Accounts, or any three or two of them are appointed and desired to take the Examination of William Evans, Gent. and of all others that shall be apprehended for any Words or Actions spoken or done against this Court, and to peruse all such Papers, Letters or Writings that shall be found with or about the said Persons, and to make Report thereof to the Court: And the Com∣mittee

above mentioned are added to the Committee of Account.

And thereupon Adjourn till the Morrow.

Painted Chamber, Feb. 2. 1648.

The Commissioners being met,

Ordered, That Capt. Blackwell shall issue forth such Moneys as shall be requisite for satisfaction of all contingent Charges not yet satisfied in relation to the Trying, Judging and Execution of CHARLES STƲART late King of England, according to such Warrant as he shall receive from the Committee ap∣pointed to take the Accounts of the Monies Disbur∣sed for the Service of this Court; and the said Gen∣tlemen are desired to meet at White-Hall to morrow Morning, and to take an exact Account from the said Captain Blackwell, of the Monies by him disbur∣sed.

John Hall was brought before this Court upon In∣formation, That he should be engaged in a Design against this Court; who being Examined concerning the same, and Thomas Maurice, William Hitch and Tho. Baxter Witnesses produced against him, being Sworn and Examined, the said John Hall was committed to the Custody of the Marshal General of the Army.

One Mr. Nelson and Mr. Evans were likewise brought before the Court upon an Information Exhi∣bited against them, of a Practice and Design, that they were Engaged in against this Court; and John Min∣shaw, Mary Minshaw, John White, and John Haydon Clerk, were Sworn, and gave Evidence against them.

Ordered, That the said Evans and Nelson be committed to the Custody of the Marshal General of the Army, and Col. Moore is desired to acquaint the House herewith.

The Lord President moved the Court, That in regard the Courts Commission is now determining, care may

be likewise taken for a sufficient Remuneration for the Guards that have so freely and chearfully attend∣ed the Lord President and the Court.

Col. Titchbourne Reports from the Committee ap∣pointed for that purpose, That the said Committee have considered of a Gratuity to be given unto the respective Officers and Attendants of this Court; of which Allowances this Court doth approve, and de∣sire Col. Harrison to move the House for Moneys to sa∣tisfie the same, and all other Charges of this Court.

• Mr. Garland
• Mr. Lisle
• Sir Hardress Waller
• Mr. Say
• Commissary Gen. Ireton
• Mr. Marten
• Mr. Scott

The aforesaid Members of this Court, or any three of them are Ordered on the behalf of this Court to peruse and consider the Substance of the Proceedings of this Court, and prepare the same to be presented to the House of Commons; and Mr. Say is Ordered to present it.

By the Expiration of the Month in the Act men∣tioned, the Commission determined.

Attested per John Phelpes, Clerk to the said Court.

Examined, and Attested to be a True Copy from the Original, By me John Nalson.

THE CONCLUSION.

THus fell the most Glorious Monarch, and most Admirable Monarchy of the whole Universe. By these Hands were the Manacles of Slavery, and the Yoke of the most Arbitrary Servitude put upon the Neck and Hands of the English Nation; and the same Blow which severed that Royal Head and Bo∣dy, cut the very Nerves and Ligaments of the English Liberty; and even those men who begun that dete∣stable Rebellion, upon the most Solemn Pretences of freeing the Nation from the imminent Dangers of Popery and Arbitrary Power, erected the most un∣bounded Tyranny, and gave the greatest Advantages to Popery, and the most mortal Wound to the Reform∣ed Catholick Religion, that ever it received since Rome first left us, because we left her unwarrantable, un∣sound and unprimitive Practices and Doctrines, some of which have such a Treasonable Conformity with those of our bloody Regicides, as if there were no∣thing else were sufficient to excuse the Church of Englands Departure from Rome, from the imputation of Schism. These were the men, who to amuse the People, and animate them to Rebellion, made such horrid Exclamations against Priests and Jesuits, and yet themselves Acted what the very worst men of those Orders had ever written; who reduced those Fatal Doctrines of the Lawfulness of Resisting, even by Armed Force; of Deposing and Murdering Crowned Heads; from the dull Theory whereof they so cla∣morously accused the Papists into the execrable Act and Practice; these were the glorious Founders, Pro∣moters and Encouragers of the Separation, who scorn∣ing the little Villanies of a Clement, or a Ravailac, or the more secret Methods of murdering Princes, made the very Sun blush to behold their Triumphant and Daring Wickedness; being resolved to eternize them∣selves for the most Renowned Villains, by surpas∣sing all that ever went before them; and to outdo

even Cassius and ingrateful Brutus with the sneaking three and twenty Daggers of the Roman Senators, who to recover their Commonwealth-Liberty, murdered Caesar, by solemnly murdering a most Lawful Sovereign; whereas the others, wretchedly enough, took away only the Life of a bold Ʋsurper.

These are the Principles which lead men insensi∣bly from Conscientious Disobedience, to a Rebellious Conscience; and by the false Pretences of Religious Zeal, to commit such Impieties as modest Heathens, nay even some Atheists would blush at, and be ashamed to be guilty of.

Nor is it for one transient Act that we accuse them, but it is the eternal inseparable Mischiefs and Conse∣quences of these Principles of Separation which we are for ever to dread; for assoon shall the Ocean quit its treacherous instability, and forget to Rage and Foam, and overthrow all its Banks upon the Sum∣mons of every impetuous Tempest, as these Turbu∣lent Principles cease to be dangerous to the Peace and Repose of Mankind, or the safety of Government. Assoon, nay sooner shall we see Lyons and Tygers, Wolves and Panthers become as tame, harmless and serviceable as our domestick Animals, as see their savage Principles permit those who come to be be∣witched with them, continue to be Innocent longer then they are Impotent: For Rebellion with its portentous Retinue, is as naturally included in Separation as Fire in a Flint, and though it may sleep there so as to de∣ceive the Ignorant, who never beleive there is fire but when their fingers are burnt, it will alwayes be ready upon the Summons of Steel to shew it self; and the Tinder Conscience of Dissenters is as obedient as Gun∣powder, to catch every Spark of Rebellion that falls into it, and improve it into a Combustion and Con∣flagration both of Church and State.

Now though Sovereign Princes have the greatest Stake in this World, their Crowns and Scepters, their

Dignity, Lives and Honour, all which are mani∣festly in hazzard, where these Principles prevail; and therefore it would be a foolish presumption to think they do not know their own Interest, and most in∣sufferable Arrogance and Vanity to pretend to in∣form and instruct them; yet since they can never suffer alone, and that Private persons of all Ranks, De∣grees and Qualities, have Life, Liberty and Estates, which if their Possessors be Loyal, cannot avoid run∣ning the same course with the fortune of their Prince: Nay even those who propose to themselves the greatest advantages in Rebellion, should it prove successful, in the Conclusion are like to be the greatest Losers, the gains which they shall make by such Godliness, being the loss of their Souls and Bodies, Heaven and Eternal Happiness: Certainly it is the True interest of all English-Men, even for their own security and preservation, to endeavour to suppress the further growth and progress of their pernicious Principles of Separation.

Nor is it less the interest of the Dissenters them∣selves, to abandon those Disloyal and Ruinous Do∣ctrines, Practices and Opinions, which are so de∣structive of the Peace, Happiness and Prosperity of this Nation; and by a timely repentance to attone Heaven for the former Guilt, and most especially that of the Blood of this Royal Martyr, which as it evident∣ly lies at their Door, so it cryes aloud in the Ears of the Almighty Avenger of Blood for Vengance; and let them be assured, that though hand joyn in hand, it shall not go unpunished, if they continue obstinately impenitent. Nay their Confederacies and Common Union against the King and the Church, will be their ruine, and their Associating themselves in the Closest Conspiracies, will be but the Prologue to their punish∣ment, and then that they may be broken in pieces: and truly if they were not infatuated to destruction, they could not but see the Miraculously Visible effects of Providence in the wonderous repeated Pre∣servation

of his Majestyes Sacred Person, this Church and Monarchy from so many attempts, and Traite∣rous Enterprizes of all their implacable Enemies: And if they do see all this, and will notwithstanding Run upon their own destruction, and the very mouth of Hell charged with Damnation, such de∣sperate Rage, as it renders them more formidable, so ought it to render all honest Loyal Persons more vi∣gilant and cautious against them; and to inspire them with the same, but more Noble Zeal to save their Coun∣try from Ruine, with which their Enemies are ani∣mated to seek its Destruction; and though Charity for them, commands us to pity them, yet that true Cha∣rity which begins at home, does at the same time ob∣lige us to preserve our selves, as we would do from Wolves and Tygers, and other Furious Beasts of Prey, who are ready to devour us.

I know this naked Exposure of these Men and Principles, will expose me to the Rage, and entitle me to the Revenge of the Party; but if I have abused them, if I have misrepresented them, if I have traduced them, or if they are able to con∣vince me of Fiction or Falshood, let them do it; I beg no Quarter, no Mercy from them; but if what I have written be Truth, Magna est Veritas, & praevalebit, I cannot fear the Rage neither of Men nor Devils; but must let them know assu∣redly that it will to their eternal Horror, Shame and Confusion, stand the Test and abide the Tryal of the God of Truth, to whose infallible Tri∣bunal and definitive Sentence I submit my self; and let but the most angry of the Faction sober∣ly, in retired thoughts, state themselves, their Principles and Actions, as they must one day, as if they were before the Almighty Judge, and I perswade my self, they would find occasion to return me Thanks for my severe Truths, rather than to any of their Deluders for their dangerous Flattery.

Be it as it will, liberavi Animam; I wash my Hands of all the Miseries and Mischiefs which for want of Precaution, may happen either to, or from those of the Separation, by reason of these horrible Positions, Principles and Practices.

THE END.

Notes

• * 1.1

  Read De∣cemb. xi. 1650.
• * 1.2

  This ought to be Carew.
• * 1.3

  Alured.
• * 2.1

  58 Com∣missioners present.
• * 2.2

  56 Com∣missioners present.
• * 4.1

  This must be a Mistake for there was no Axe there; but it is Bill in Phelpe's Journal; which Bill was the Charge, which the King meant, when now, as also before, he said, He did not fear that Bill.
• * 4.2

  62 Com∣missioners present.
• * 4.3

  70 Com∣missioners present.
• * 4.4

  Hereabout I was stopt, and not suf∣fered to speak any more con∣cerning Reasons.
• * 4.5

  63 Com∣missioners present.
• * 4.6

  71 Com∣missioners present.
• * 4.7

  Holder∣ness is in the County of York.
• * 4.8

  Sir John Hotham's keeping Hull as a Garri∣son against the King, which was before this, was, it seems no Act of Hostility, in this Perjur'd Villain's ac∣count.
• * 5.1

  How is it possible this Fellow could swear the King spoke this to every Colonel, see∣ing it was as they passed b••; and when his Col. was passed by, he could hear no more.
• * 5.2

  62 Com∣missioners present.
• * 5.3

  67 Com∣missioners present.
• * 5.4

  64 Com∣missioners present.
• * 5.5

  Here a La∣dy interpos'd saying, Not half the People; but was si∣lenced with Threats.
• * 5.6

  48 Com∣missioners present.
• * 6.1

  Martis.
• * 6.2

  Ʋpon the E. of Strafford
• * 6.3

  Pointing to the Bishop.
• * 6.4

  Turning to some Gentle∣men that wrote,
• * 6.5

  Pointing to the Bishop.
• * 6.6

  These words were spoken upon occasion of private Discourse between His Majesty & the Bishop concerning the several Stages of mans Life, and his Course through them, in allusion to Posts and Stages in a Race.