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            <title>The Oglin of traytors including the illegal tryall of His Late Maiesty : with a catalogue of their names that sat as judges and consented to the judgment : with His Majesties reasons against their usurped power and his late speech : to which is now added the severall depositions of the pretended witnesses as it is printed in the French coppy : with the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed : as also the speech of the resolved gentleman, Mr. Hugo Grove of Chissenbury, Esquire, who was beheaded the same day, not before printed.</title>
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               <date>1660</date>
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            <idno type="VID">45653</idno>
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                  <title>The Oglin of traytors including the illegal tryall of His Late Maiesty : with a catalogue of their names that sat as judges and consented to the judgment : with His Majesties reasons against their usurped power and his late speech : to which is now added the severall depositions of the pretended witnesses as it is printed in the French coppy : with the whole proceedings against Colonel J. Penruddock of Compton in Wilts and his speech before he dyed : as also the speech of the resolved gentleman, Mr. Hugo Grove of Chissenbury, Esquire, who was beheaded the same day, not before printed.</title>
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               <extent>[10], 176 p.   </extent>
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                  <publisher>Printed by T.M. for William Shears,</publisher>
                  <pubPlace>London :</pubPlace>
                  <date>[1660?]</date>
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                  <note>Reproduction of original in the Harvard University Library.</note>
                  <note>The full proceedings of the High Court of Justice against King Charls I in Westminster Hall on Saturday the 20 of Ianury, 1648 (p. 1-130) -- The illegal proceedings against the Honourable Colonell John Penruddock of Compton in Wiltshire and his speech ... together with his prayer upon the scaffold ... also the speech of ... Hugh Grove. S.1. : Printed by order of the Gent. intrusted, 1660 (p. 131-176)</note>
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               <term>Charles --  I, --  King of England, 1600-1649.</term>
               <term>Penruddock, John, 1619-1655.</term>
               <term>Treason --  England.</term>
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            <front>
               <div type="title_page">
                  <pb facs="tcp:45653:1" rendition="simple:additions"/>
                  <pb facs="tcp:45653:1"/>
                  <p>The <hi>Oglio</hi> of
Traytors:
Including the Illegal
Tryall of his late MAIESTY.</p>
                  <p>With a Catalogue of
their names that ſat as Judges
and conſented to the Judg<g ref="char:EOLhyphen"/>ment:
With his MAJESTIES
Reaſons againſt their uſurped
power and his late ſpeech.</p>
                  <p>To which is now added, the ſe<g ref="char:EOLhyphen"/>verall
depoſitions of the preten<g ref="char:EOLhyphen"/>ded
Witneſſes, as it is Printed in the
<hi>French</hi> Coppy:</p>
                  <p>With the whole proceedings a<g ref="char:EOLhyphen"/>gainſt
Colonel <hi>J. Penruddock</hi> of
<hi>Compton</hi> in <hi>Wilts,</hi> and his ſpeech
before he dyed.</p>
                  <p>As alſo, the ſpeech of that reſolved
Gentleman, Mr. <hi>Hugh Grove</hi> of <hi>Chiſſen<g ref="char:EOLhyphen"/>bury</hi>
Eſquire, who was beheaded
the ſame day: not before Printed.</p>
                  <p>London, Printed by <hi>T. M.</hi> for <hi>William Shears</hi>
at the Bible in <hi>Bedford ſtreet.</hi>
                  </p>
               </div>
            </front>
            <body>
               <div type="trial_account">
                  <pb facs="tcp:45653:2" rendition="simple:additions"/>
                  <pb facs="tcp:45653:2"/>
                  <div type="day">
                     <head>The Firſt Dayes
Proceeding of the
High Court of Ju<g ref="char:EOLhyphen"/>ſtice,
&amp;c.</head>
                     <p>THe Triall and the Execution of
the laſt King of <hi>England,</hi> be<g ref="char:EOLhyphen"/>ing
ſtill as much the wonder as
the diſcourſe of Chriſtendome I ſhall en<g ref="char:EOLhyphen"/>deavour
to repreſent it to you, with the
exacteſt faithfullneſſe that can poſſibly
be deſired; and although others have gone
before me on the ſame ſubject, by the be<g ref="char:EOLhyphen"/>nifit
of time; I doubt not but that I ſhall
exceed them, by the advantage of truth.</p>
                     <p>In the Supream Tribunall of Juſtice
ſitting at <hi>Whitehall</hi> in <hi>Weſtminſter,</hi>
Serjeant <hi>Bradſhaw</hi> being Preſident,
and about ſeventy other perſons, elected
to be his Judges, being preſent; the
Cryer of the Court, having proclaimed
his <hi>O yes,</hi> to invite the people to atten<g ref="char:EOLhyphen"/>tion,
ſilence was commanded, and the
Ordinance of the Commans in Parlia<g ref="char:EOLhyphen"/>ment,
in reference to the Examination
<pb facs="tcp:45653:3"/>
of the King was read, and the Court
was ſummoned, all the Members there<g ref="char:EOLhyphen"/>of
<gap reason="illegible" resp="#TECH" extent="3 letters">
                           <desc>•••</desc>
                        </gap>ſing as they were called.</p>
                     <p>The King came into the Court, his
head covered, Serjeant <hi>Dendy</hi> being
remarkable by the Authority of his Mace,
did uſher him in; Colonel <hi>Hatcher,</hi> and
about thirty Officers and Gentlemen did
attend him as his Guard.</p>
                     <p>The Court being ſat the Lord Preſi<g ref="char:EOLhyphen"/>dent
<hi>Bradſhaw</hi> ſpeak thus unto him.</p>
                     <p>
                        <hi>Charles Stuart</hi> King of <hi>England,</hi>
the Commons of <hi>England</hi> aſſembled in
Parliament, being touched with the ſenſe
of the Calamities which have happned to
this Nation, and of the innocent bloud
ſpilt, of which you are accuſed to be the
Author, have both according to their
office, which they ow to God, this Nation
and themſelves, according to the power &amp;
fundamental faith intruſted with them, by
the people; Conſtituted this Supream
Court of Juſtice<g ref="char:punc">▪</g> before which you are
now brought to hear your Charge, on
which this Court will proceed.</p>
                     <p>Mr. Crook the Solliciter Generall.</p>
                     <p>Sir<g ref="char:punc">▪</g> In the Name of the Commons
of <hi>England,</hi> and of all the people there<g ref="char:EOLhyphen"/>of:
<pb facs="tcp:45653:3"/>
I do charge <hi>Charles Stuart</hi> here
preſent, as guilty of Treaſon, and other
great defaults, and in the name of the
Commons of <hi>England,</hi> I require
that his charge may be read unto
him.</p>
                     <sp>
                        <speaker>The <hi>King.</hi>
                        </speaker>
                        <p>Stay alittle.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident.</speaker>
                        <p>Sir the Court hath
given order, that the Charge ſhall be
read: If you have any thing afterwards
to plead for your ſelf, you may be
heard: Hereupon the Charge was
read.</p>
                        <p>THat the ſaid <hi>Charles Stuart</hi> be<g ref="char:EOLhyphen"/>ing
admitted King of <hi>England,</hi>
and therein truſted with a limmitted
Power, to govern by; and according
to the Laws of the Land, and not other<g ref="char:EOLhyphen"/>wiſe;
And by his truſt, Oath, and Of<g ref="char:EOLhyphen"/>fice,
being obliged to uſe the Power com<g ref="char:EOLhyphen"/>mitted
to him. For the good and benefit
of the People, and for the preſervation
of Kights, and Libir<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ies: yet never<g ref="char:EOLhyphen"/>theleſſe
out of a wicked Deſigne, to erect,
and uphold in himſelfe and unlimited
and Tyrannical power, to rule accord<g ref="char:EOLhyphen"/>ing
to his Will, and to overthrow the
<pb facs="tcp:45653:4"/>
Rights and liberties of the people; Yea,
to take away, and make void the foun<g ref="char:EOLhyphen"/>dations
thereof, and all the redreſs and
remedy of miſgovernment, which by the
fundamental conſtitutions of this King<g ref="char:EOLhyphen"/>dome,
were reſerved on the peoples be<g ref="char:EOLhyphen"/>halfe,
in the right and power of fre<g ref="char:EOLhyphen"/>quent
and ſucceſſive Parliaments, or
nationall meetings in Councel, he the ſaid
<hi>Charles Stuart,</hi> for accompliſhment
of ſuch his deſignes, and for the protect<g ref="char:EOLhyphen"/>ing
of himſelf and his adherents, in his
and their wicked practiſes, to the ſame
ends, hath traterouſly and maliciouſly
leavied war againſt the preſent Parlia<g ref="char:EOLhyphen"/>ment,
and the people therein repreſent<g ref="char:EOLhyphen"/>ed.</p>
                        <p>Particularly, upon, or about the thir<g ref="char:EOLhyphen"/>tieth
day of <hi>June,</hi> in the year of our
Lord one thouſand ſix hundred forty and
two, at <hi>Beverly,</hi> in the County of <hi>York,</hi>
and upon, or about the 30. day of <hi>July,</hi>
in the year aforeſaid, in the County of
the City of <hi>York;</hi> and upon, or about the
24. day of <hi>Auguſt,</hi> in the ſame year, at
the County of the town of <hi>Nottingham</hi>
(when and were he ſet up his Standard
of war) And alſo on, or about the twenty
<pb facs="tcp:45653:4"/>
third <gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ay of <hi>October</hi> in the ſame year
at <hi>Edghill,</hi> and <hi>Kenton field,</hi> in the
County of <hi>Warwick;</hi> and upon or aboue
the thirtieth day of <hi>November,</hi> in thet
ſame year at <hi>Brainchford,</hi> in the County
of <hi>Midaleſex:</hi> And upon, or about the
thirtieth day of <hi>Auguſt</hi> in the year of
our Lord, One thouſand ſix hundred
forty and three, at <hi>Caveſham bridge</hi>
neer <hi>Reading,</hi> in the County of <hi>Berks;</hi>
and upon, or about the thirtieth day of
<hi>October,</hi> in the year laſt mentioned,
at, or neer the City of <hi>Gloſter;</hi> and
upon, or about the thirtieth day of <hi>No<g ref="char:EOLhyphen"/>vember</hi>
in the year laſt mentioned, at
<hi>Newbury,</hi> in the County of <hi>Berks;</hi> And
upon, or about the one &amp; thirtieth day of
<hi>July,</hi> in the year of our Lord one thouſand
ſix hundred forty and four, at <hi>Cro<g ref="char:EOLhyphen"/>predybridge</hi>
in the County of <hi>Oxon,</hi>
And upon, or about the thirtieth day of
<hi>September,</hi> in the year laſt mentioned,
at <hi>Boamin,</hi> and other places near ad<g ref="char:EOLhyphen"/>jacent
in the County of <hi>Cornwall</hi> And
upon, or about the thirtieth day of <hi>No<g ref="char:EOLhyphen"/>vember;</hi>
in the year laſt mentioned, at
<hi>Newbery</hi> aforeſaid; and upon, or about
the eighth day of <hi>June,</hi> in the year of
<pb facs="tcp:45653:5"/>
our Lord one thouſand ſix hundred for<g ref="char:EOLhyphen"/>ty
and five, at the <hi>Town</hi> of <hi>Leiceſter;</hi>
And alſo upon the fourteenth day of the
ſame month, in the ſame year, at <hi>Na<g ref="char:EOLhyphen"/>ſeby
field,</hi> in the County of <hi>Norhamp<g ref="char:EOLhyphen"/>ton.</hi>
At which ſeverall times and places,
or moſt of them, and at many other
places in the Land, at ſeverall other
times, within the year afore mentioned
And in the year of our Lord, One thou<g ref="char:EOLhyphen"/>ſand
ſix hundred forty and ſix; he the
ſaid <hi>Charles Stuart,</hi> hath cauſed and
procured many thouſands of the Free-peo<g ref="char:EOLhyphen"/>ple
of the nation to be ſlain; and by <hi>Di<g ref="char:EOLhyphen"/>viſions,
parties and inſurrections.</hi>
within this land, by invaſions from For<g ref="char:EOLhyphen"/>ragine
parts, endeavoured and pro<g ref="char:EOLhyphen"/>cured
by him, and by <hi>many other evill
wayes and meanes.</hi> He the ſaid
<hi>Charles Stuart,</hi> hath not onely main<g ref="char:EOLhyphen"/>tained
&amp; carried on the ſaid War, both
by land and ſea, during the year before
mentioned; but alſo hath renewed,
or cauſed to be renewed, the ſaid
war againſt the Parliament, and
good people of this Nation, in this pre<g ref="char:EOLhyphen"/>ſent
year. One thouſand ſix hundred
fourty and eight, in the Counties of <hi>Kent
<pb facs="tcp:45653:5"/>
Eſſex, Surry, Suſſex, Middleſex,</hi>
and many other Counties and places in
<hi>England</hi> and <hi>Wales</hi> and alſo by ſea,
and particularly, he the ſaid <hi>Charles
Stuart,</hi> hath for that purpoſe, given
Commiſſion to his Son the Prince and o<g ref="char:EOLhyphen"/>thers,
whereby beſides multitudes of other
perſons, many ſuch as were by the Par<g ref="char:EOLhyphen"/>liament
intruſted and imployed, for the
ſafety of the Nation, being by him and
his agents, corrupted, to the betraying
of their Truſt, and revolting from the
Parliament, have had entertainment
and commiſſion, for the continuing and
renewing of war and hoſtility, againſt
the ſaid <hi>Parliament</hi> and <hi>people</hi> as a<g ref="char:EOLhyphen"/>foreſaid.
By which <hi>cruel and unna<g ref="char:EOLhyphen"/>turall
wars</hi> by him, the ſaid <hi>Charles
Stuart,</hi> levied, continued, and re<g ref="char:EOLhyphen"/>newed
as aforeſaid, much <hi>innocent
bloud of the Free-people of this
nation</hi> hath been ſpilt, many <hi>families</hi>
have been <hi>undone,</hi> the <hi>publick trea<g ref="char:EOLhyphen"/>ſury
waſted and exhauſted, trade
obſtructed, &amp; miſerablely decayed;
vaſt expence and damage to the
Nation incurred,</hi> and many parts of
the land ſpoiled, ſome of them even to de<g ref="char:EOLhyphen"/>ſolation.</p>
                        <p>
                           <pb facs="tcp:45653:6"/>
And for further proſecution of his
ſaid evill deſigns he the ſaid <hi>Charles
Stuart</hi> doth ſtill continue his Commiſſions
to the ſaid <hi>Prince,</hi> and other Rebels
and Revolters, both Engliſh and For<g ref="char:EOLhyphen"/>raginers,
and to the Earl of <hi>Ormand,</hi>
and to the <hi>Iriſh</hi> Rebles and Revolters,
aſſociated with him, from whom fur<g ref="char:EOLhyphen"/>ther
invaſions upon this Land are thret<g ref="char:EOLhyphen"/>ned,
upon the procurment, and on the
behalfe of the ſaid <hi>Charles Stuart.</hi>
                        </p>
                        <p>All which wicked deſignes, wars, and
evill practiſes of him. The ſaid <hi>Charles
Stuart,</hi> have been and are carried on,
for the advancing and upholding of the
perſonall Intereſt of Will and Power, and
pretended <hi>Prerogative</hi> to himſelf and
family, againſt the publique intreſt, Com<g ref="char:EOLhyphen"/>mon
Right, Liberty, Juſtice, and peace
of the <hi>people of this Nation,</hi> by and
for whom he was entruſted, as afore<g ref="char:EOLhyphen"/>ſaid.</p>
                        <p>By all which it appeareth, that he the
ſaid <hi>Charles Stuart,</hi> hath been, and
is the occaſioner, author, and contriver
of the ſaid unnatural, cruel, and bloudy
wars, and therein guilty of all the trea<g ref="char:EOLhyphen"/>ſons,
murthers, rapines, burning, ſpoils,
<pb facs="tcp:45653:6"/>
deſolations, damage and miſchief to this
Nation, acted or committed in the ſaid
wars, or occaſioned thereby.</p>
                        <p>And the ſaid <hi>John Cook,</hi> by prote<g ref="char:EOLhyphen"/>ſtation
(ſaveing on the behalf of the people
of <hi>England,</hi> the liberty of exhibiting
at any time hereafter, any other Charge
againſt him the ſaid <hi>Charles Stuart</hi>
and alſo of the replying to the Anſwers
which the ſaid <hi>Charles Stuart</hi> ſhall
make to the premiſes, or any of them, or a<g ref="char:EOLhyphen"/>ny
other Charge that ſhall be ſo exhibited)
doth for the ſaid treaſons &amp; crim's, on the
behalf of the ſaid people of <hi>England,</hi> im<g ref="char:EOLhyphen"/>peach
the ſaid <hi>Charles Stuart,</hi> as a Ty<g ref="char:EOLhyphen"/>rant,
Tration, Murtherer, and a publick,
&amp; an implacable enemy to the Common-wealth
of <hi>England:</hi> And pray, That
the ſaid <hi>Charles Stuart</hi> King of <hi>Eng<g ref="char:EOLhyphen"/>land,</hi>
may be put to anſwer all and every
the premiſes, that ſuch proceedings, exam<g ref="char:EOLhyphen"/>minations,
tryals, ſentence, and Judge<g ref="char:EOLhyphen"/>ment
may be there aupon had, or ſhall be
agreable to Juſtice.</p>
                        <p>
                           <pb facs="tcp:45653:7"/>
The King was often times
obſerved to ſmile in indignati<g ref="char:EOLhyphen"/>on,
during the reading of the
Charge eſpacially at the words
Tyrant, TRATOR, MUR<g ref="char:EOLhyphen"/>DERER,
and publick enemy
to the Common-wealth.</p>
                     </sp>
                  </div>
                  <div type="day">
                     <pb facs="tcp:45653:7"/>
                     <pb facs="tcp:45653:8"/>
                     <pb n="1" facs="tcp:45653:8"/>
                     <head>The full Proceedings
of the High Court
of Juſtice againſt
King Charls I. In
Weſtminſter Hall,
on Saturday <date>the 20.
of Ianuary, 1648.</date>
                     </head>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>SIR, You have now heard the
Charge read, containing ſuch
matters, as do appear therein;
you have obſerved, that in the
Concluſion thereof, It is required of
the Court, in the Name of the Com<g ref="char:EOLhyphen"/>mons
of <hi>England,</hi> that you anſwer
<pb n="2" facs="tcp:45653:9"/>
to your charge, which the Court
doth expect.</p>
                     </sp>
                     <sp>
                        <speaker>The King.</speaker>
                        <p>I would be ſatisfied by
what power I am called hither? It is not
long ſince that I was in <hi>the Iſle of
Wight<g ref="char:punc">▪</g>
                           </hi> How I came thither, the ſtory is
longer than I conceive fitting in this
place to declare; But I there entered upon
a Treaty with both Houſes of Parliament,
with as much publick faith, as its poſ<g ref="char:EOLhyphen"/>ſible
to be obtained from any people in the
World. I there treated with a number
of honourable Lords and Gentlemen, and
I treated honeſtly and faithfully with
them; I cannot ſay, but they dealt very
ingenuouſly with me; and we proceeded
ſo far, that the Treaty was even conclu<g ref="char:EOLhyphen"/>ded.
Now I would underſtand by what
Authority, (I mean lawfull) I am
brought hither? There are many un<g ref="char:EOLhyphen"/>lawfull
Authorities in the world, as
Thieves and Plunderers in the high-wayes.
I would know by what authority I was
taken from thence, and carried from
place to place, I know not where? When
I have underſtood the lawfulneſſe of the
Authority, I will make my Anſwer: In
the mean time remember, that I am
<pb n="3" facs="tcp:45653:9"/>
your King, your lawfull King, and weigh
well with your ſelves, what ſins you heap
on your own heads, and the anger and
judgements of God which you will bring
upon this land, I ſay ſeriouſly weigh it be<g ref="char:EOLhyphen"/>fore
you further do proceed from one ſin to
a greater. Therefore declare unto me,
by what lawfull Authority I ſit here, and
I will not refuſe to Anſwer you. In the
mean time I will not betray my truſt. I
have a truſt committed to me by God, by
an ancient and lawfull ſucceſſion, I will
not betray that by anſwering to a new
and an unlawfull Authority; wherefore
ſatisfie me in this, and you ſhall hear fur<g ref="char:EOLhyphen"/>ther
from me.</p>
                     </sp>
                     <sp>
                        <speaker>L<g ref="char:punc">▪</g> Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>If you had
but pleaſed to obſerve what the
Court did ſuggeſt unto you, when
you firſt came hither, you had un<g ref="char:EOLhyphen"/>derſtood
by what Authority you
were brought hither; which Autho<g ref="char:EOLhyphen"/>rity
doth require of you, in the
Name of the People of <hi>England,</hi> by
whom you are elected King, than
you make anſwer to them.</p>
                     </sp>
                     <sp>
                        <speaker>King<g ref="char:punc">▪</g>
                        </speaker>
                        <p>No Sir, I deny that.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>If you do
<pb n="4" facs="tcp:45653:10"/>
not acknowledge the Authority of
the Court, they ought to proceed
againſt you.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I tell them that <hi>England</hi> was
never an elective Kingdom, but heredita<g ref="char:EOLhyphen"/>ry,
for almoſt theſe two thouſand years.
Therefore declare unto me, by what Au<g ref="char:EOLhyphen"/>thority
I am brought hither. I labour
more for the liberty of my people than any
of you, who pretend to be my Judges; and
therefore I ſay, declare unto me, by what
lawfull Authority I am placed here, and
I will anſwer you; otherwiſe I ſhall make
no anſwer at all.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>Sir, how
well you have adminiſtred the power
committed to you, is ſufficiently
known: The method of your An<g ref="char:EOLhyphen"/>ſwering
is to put Interrogatories to
the Court, which doth not become
you in this Condition. Twice or
thrice it hath been repreſented to
you.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>There is preſent here a Gentle<g ref="char:EOLhyphen"/>man,
Lieutenant Colonel <hi>Cobbet,</hi> de<g ref="char:EOLhyphen"/>mand
of him, if he did not bring me
from the Iſle of <hi>Wight</hi> by force: I
come not hither to ſubmit my ſelf in this
<pb n="5" facs="tcp:45653:10"/>
Court. I will do as much for the Pri<g ref="char:EOLhyphen"/>viledges
of the Houſe of Commons,
rightly underſtood, as any other: I ſee not
here the Houſe of Lords, which is able to
conſtitute a Parliament, and the King
ought to be the Super-intendent there.
Is this to bring the King to his Parli<g ref="char:EOLhyphen"/>ament?
Is this to bring the publick Trea<g ref="char:EOLhyphen"/>ty
to an end, by the publick Faith of the
world? Either ſhew me your Authority
eſtabliſhed by the Scriptures, which are
the Word of God, or confirmed by the
conſtitutions of the Kingdom, and I will
anſwer you.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>Sir, you
have propounded a queſtion, and an
anſwer hath been rendred, but if
you will not anſwer to what they do
propound, the Court will take it in<g ref="char:EOLhyphen"/>to
their conſideration, how to pro<g ref="char:EOLhyphen"/>ceed
againſt you. In the mean time,
they who brought you hither, ſhall
return you back again. The Court
deſireth to be ſatisfied whether this
be all the Anſwer that you will give
them or not.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I deſire that you would reſolve
me and all the world, in this one parti<g ref="char:EOLhyphen"/>cular.</p>
                        <p>
                           <pb n="6" facs="tcp:45653:11"/>
Give me leave to acquaint you,
that it is a thing of no ſmall importance
which you go about. I am ſworn to keep
the peace according to the duty, which I
ow to God and to my Land; and I will
here perform it to the laſt breath of my
Body: you ſhall therefore do well firſt to ſatis<g ref="char:EOLhyphen"/>fie
God, and afterwards the Land, by what
Authority you do this. If you do it by an
uſurped Authority, you cannot defend it.
God who ſitteth in the Heavens, will call
you, and all thoſe, who have conferred
this power on you, to give him an account
of it. Satisfie me in this, and I ſhall
anſwer you, for otherwiſe I ſhould betray
the Faith committed to me, and the li<g ref="char:EOLhyphen"/>berties
of my people: Wherefore conſider
of it, and I ſhall be willing to anſwer you.
For I do profeſs, it is as great a ſin to reſiſt
a lawfull Authority, as to ſubmit unto a
Tyrannicall, or any other unlawfull au<g ref="char:EOLhyphen"/>thority:
wherefore reſolve me in this par<g ref="char:EOLhyphen"/>ticular,
and you ſhall receive my An<g ref="char:EOLhyphen"/>ſwer.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>The Court
expecteth that you ſhould give them
a final Anſwer, and will adjourn un<g ref="char:EOLhyphen"/>till
<hi>Munday</hi> next: If you cannot ſa<g ref="char:EOLhyphen"/>tisfie
<pb n="7" facs="tcp:45653:11"/>
your ſelf; although we tell you
our Authority, our Authority will
ſatisfie our ſelves; And it is accord<g ref="char:EOLhyphen"/>ing
to the Authority of God and
and the Kingdome, and the Peace
(of which you ſpeak) ſhall be preſer<g ref="char:EOLhyphen"/>ved
in the Adminiſtration of Juſtice,
and that is our preſent work.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I give you this for my Anſwer,
you have not ſhewn me any lawfull Au<g ref="char:EOLhyphen"/>thority,
which may ſatisfie any reaſonable
man.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>It is only
your apprehenſion, we are fully ſatis<g ref="char:EOLhyphen"/>fied,
who are your Judges.</p>
                     </sp>
                     <sp>
                        <speaker>King</speaker>
                        <p>It is not my apprehenſion,
nor yours which ought to determine
this.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident <hi>Bradſhaw.</hi>
                        </speaker>
                        <p>The Court
hath heard you, and diſpoſed of
you accordingly as their diſcretions
have thought expedient.</p>
                        <p>The Court adjourneth to the Painted
Chamber, untill Munday at ten of the
clock in the morning, and from thence
hither.</p>
                        <p>Something that was ominous,
ought not to be paſſed by in ſilence,
<pb n="8" facs="tcp:45653:12"/>
when the Charge was read againſt
the King, the ſilver head of his
ſtaff did full off, which he much did
wonder at, and obſerving no man
ſo officious to aſſiſt him, he ſtooping
towards the ground did take it up
himſelf.</p>
                        <p>As the King returned, looking on the
Court, he ſaid, <hi>I fear not thee,</hi> mean<g ref="char:EOLhyphen"/>ing
the Sword. As he came down the
ſtaires, the people, who were in the Hall,
cryed out, ſome of them, <hi>God ſave the
King;</hi> but the greater part, <hi>Juſtice,
Juſtice.</hi>
                        </p>
                     </sp>
                  </div>
                  <div type="day">
                     <pb n="9" facs="tcp:45653:12"/>
                     <head>The ſecond dayes pro<g ref="char:EOLhyphen"/>ceeding
againſt the
King, <date>January 22</date>,
&amp;c.</head>
                     <p>THe Cryer having thrice pro<g ref="char:EOLhyphen"/>nounced
his <hi>Oyes,</hi> and ſilence
commanded, after that the
Judges were called, and every one
did particulary anſwer to his Name.
Silence was again commanded under
pain of impriſonment, and the Cap<g ref="char:EOLhyphen"/>tain
of the Guards was ordered to ap<g ref="char:EOLhyphen"/>prehended
any that ſhould endea<g ref="char:EOLhyphen"/>vour
to make a tumult.</p>
                     <p>At the commanding of the King
into the Court, there was a great
ſhout and the Court commanded the
Captain of the Guards to apprehend
and impriſon thoſe, who ſhould make
either a noiſe or tumult.</p>
                     <p>The Court being ſat, the Sollicitor turn<g ref="char:EOLhyphen"/>ing
to the Preſident, ſaid, May it Pleaſe your
<pb n="10" facs="tcp:45653:13"/>
Lordſhip, my Lord Preſident, In the former
Court on Saturday, in the Name of the
Commons of <hi>England,</hi> I exhibited and
offered to this Tribunal the charg of high
Treaſons, and other grievous crimes againſt
the Priſoner, with which I did charge him
In the Name of the People of <hi>England,</hi>
and his charge was read, and his Anſwer
demanded. My Lord, It pleaſed him
at that time t<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap> return no anſwer at all, but
inſtead of anſwering, he queſtioned the Au<g ref="char:EOLhyphen"/>thority
of the High Court: My moſt humble
motion to this High Court in the Name of
the people of the Kingdome of <hi>England,</hi> is
that the priſoner may be compelled to give a
poſitive anſwer, either by way of Confeſſion
or Negation, which if he ſhal refuſe, that the
ſubject of his Charge may be taken for gran<g ref="char:EOLhyphen"/>ted,
&amp; the Court proceed acording to iuſtice.</p>
                     <sp>
                        <speaker>L. Preſident.</speaker>
                        <p>Sir, you may remember
that on the laſt convention of this
Court, the cauſe was expounded to
you, for which you were brought hi<g ref="char:EOLhyphen"/>ther,
and you heard the charge againſt
you read, it being a charge of High
Treaſon and other grievous crimes
againſt the Kingdom of <hi>England:</hi> you
heard likewiſe, that it was required
<pb n="11" facs="tcp:45653:13"/>
in the Name of the people, that you
ſhould anſwer to your charge, that
there ſhould be a proceeding thereon,
as ſhould be agreable unto Juſtice:
you were then pleaſed to move ſome
ſcruples concerning the authority of
this Court, and you deſired to be ſa<g ref="char:EOLhyphen"/>tisfied
in your knowledge, by what
authority you were brought hither:
you ſeverall times did propound
your queſtions, and it was often an<g ref="char:EOLhyphen"/>ſwered
to you, that it was by authori<g ref="char:EOLhyphen"/>ty
of the Commons of <hi>England</hi> aſſem<g ref="char:EOLhyphen"/>bled
in Parliament, who did iudge it
requiſite to call you to an account,
for the great and greivous crimes of
which you are accuſed. After that the
Court did take into their ſerious con<g ref="char:EOLhyphen"/>ſideration,
thoſe things which you
objected, and they are fully ſatisfied
in their authority; and do conceive it
requiſite, that you ſhould admit it;
they therefore require that you give
a poſitive and a particular Anſwer to
the charge exhibited againſt you:
they do expect that you ſhould either
confeſſe or deny it. If you ſhall deny
it, it will be proved in the behalfe of
<pb n="12" facs="tcp:45653:14"/>
the Kingdome, the whole world doth
approve of their Authority. So that
the Kingdome is ſatisfied, and you
ought thereby to be ſatisfied your ſelf;
you ought not therefore to waſte time
but to give your poſitive anſwer.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>It is true, that when <hi>I</hi> was laſt
here <hi>I</hi> moved that queſtion: and indeed, if
if it where onely my buſineſse in particular,
<hi>I</hi> ſhould have ſatisfied my ſelfe with that
proteſtation, <hi>I</hi> then interpoſed againſt the
lawfulneſſe of this Court; and that a King
cannot be judged by any ſuperiour juriſdi<g ref="char:EOLhyphen"/>ction
on earth; but my on intereſts are not on<g ref="char:EOLhyphen"/>ly
involved in it: but the liberties alſo of the
people of <hi>England;</hi> and pretend what you
will, <hi>I</hi> doe indeavor more for their liberties,
than any whatſoever. For if Power without
laws, can make laws change the Fundamen<g ref="char:EOLhyphen"/>tall
laws of the Kingdome, <hi>I</hi> know not what
ſubject in <hi>England</hi> can be ſecure of his life,
or of any thing which he doth call his own:
Wherefore when <hi>I</hi> came hither, <hi>I</hi> expected
particular reaſons, that <hi>I</hi> might underſtand
by what law, and what Authority you would
proceed againſt me. <hi>I</hi> ſhould then perceive
what moſt eſpecially <hi>I</hi> have to ſay unto you;
for the affirmative is to be proved, which
<pb n="13" facs="tcp:45653:14"/>
ſeldome the Negative is capable of; but be<g ref="char:EOLhyphen"/>cauſe
<hi>I</hi> cannot perſwade you thus, <hi>I</hi> will give
you my Reaſon as briefly as <hi>I</hi> can.</p>
                        <p>The Reaſons for which in conſcience and
duty which <hi>I</hi> ow, firſt unto God, and after<g ref="char:EOLhyphen"/>wards
to my people, for the preſervation of
their lives, their liberties, and their for<g ref="char:EOLhyphen"/>tunes:
<hi>I</hi> believe <hi>I</hi> cannot anſwer untill <hi>I</hi> am
ſatisfied of your legality of it. All pro<g ref="char:EOLhyphen"/>ceeding
againſt any man whatſoever,—</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, I muſt interrupt you,
which I would not do, but that which
you do, agreeth not with the pro<g ref="char:EOLhyphen"/>ceeding
of any Tribunal of Juſtice,
you enter into a controverſie, and
diſpute againſt the Authority of this
Court, before which you appeare a
priſoner, and are accuſed as a great
Delinquent, If you will take upon
you to controvert the Authority of
this Court, we cannot give way unto
it; neither will any tribunall of Ju<g ref="char:EOLhyphen"/>ſtice
admit it; you ought to ſubmit
unto the Court, and to give an exact
and direct Anſwer, whether you will
anſwer to your charge or not, and
what is the anſwer that you make.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir <hi>I</hi> know not the formalities
<pb n="14" facs="tcp:45653:15"/>
of the law, <hi>I</hi> know the law and reaſon; and
although <hi>I</hi> am no profeſſed Lawyer, <hi>I</hi> know
the law as well as any Gentleman in <hi>Eng<g ref="char:EOLhyphen"/>land,</hi>
and <hi>I</hi> am more eager for the Liber<g ref="char:EOLhyphen"/>ties
of the people of <hi>England</hi> than you are?
and if I ſhould believe any man, without he
gives me Reaſons what he ſaith, It would be
abuſed; but <hi>I</hi> ſay unto you, that the Rea<g ref="char:EOLhyphen"/>ſons
which you give is no wayes ſatisfacto<g ref="char:EOLhyphen"/>ry.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident.</speaker>
                        <p>Sir I muſt interrupt you,
for it cannot be permitted to you in
this manner to proceed: you ſpake
of law and reaſon, it is fit that there
ſhould be both law and reaſon, and
they are both againſt you. Sir the
Vote of the Commons of <hi>England</hi> Aſ<g ref="char:EOLhyphen"/>ſembled
in Parliament, is the reaſon
of the Kingdome, and they ordained
this law according to which you
ought to Reign, Sir, It is not lawfull
for you diſpute againſt our Authori<g ref="char:EOLhyphen"/>ty.
This again hath been told you by
the Court. Sir, Notice will be taken
that you contemn the Court, and
this contempt of yours will be recor<g ref="char:EOLhyphen"/>ded.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>
                           <hi>I</hi> know not how a King can be
<pb n="15" facs="tcp:45653:15"/>
interpreted to be a Delinquent, but by any
law that <hi>I</hi> ever heard, all men, whether
Delinquent, or what you will, may lawfully
make objections againſt their Profeſſe; this
is that which I require, and I again deſire
that my Reaſons may be heard. If you deny
this, you deny Reaſon.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident.</speaker>
                        <p>Sir, you have objected
ſomething to the Court; I will declare
unto you their opinion. Sir, it is not
lawfull for you or any man elſe to
diſpute againſt this ſubject; It is De<g ref="char:EOLhyphen"/>creed,
you ought not to diſpute a<g ref="char:EOLhyphen"/>gainſt
the juriſdiction of this Tribu<g ref="char:EOLhyphen"/>nall;
If you ſhall yet do it, I muſt inti<g ref="char:EOLhyphen"/>mate
unto you, that they are above
objections. They ſet here by Autho<g ref="char:EOLhyphen"/>rity
of the Commons of <hi>England;</hi>
and all your Predeceſſors and you
your ſelfe are bound to be account<g ref="char:EOLhyphen"/>able
to them.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I sdeny that, ſhew me one exam<g ref="char:EOLhyphen"/>ple.</p>
                     </sp>
                     <sp>
                        <speaker>L. Preſident</speaker>
                        <p>Sir, you ought not to
interrupt, but attend whilſt the Court
ſpeakes unto you. This ſubject is
not to be diſputed by you, neither
will the Court permit that you ſhould
<pb n="16" facs="tcp:45653:16"/>
object againſt the jurisdiction of it,
they have conſidered of their juriſdi<g ref="char:EOLhyphen"/>ction
and do approve it.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir, I ſay that the Commons of
<hi>England</hi> were never a Court of judicature,
and I would fain know, how they came to
be made ſo now?</p>
                     </sp>
                     <sp>
                        <speaker>Preſident</speaker>
                        <p>Sir, it is not permitted to
you to proceed in thoſe diſcourſes.</p>
                        <p>Then the Secretary of the Court did
read as followeth.</p>
                        <p>
                           <hi>Charles Stuard</hi> King of <hi>England</hi> you
have been accuſed in the Name of
the people of <hi>England</hi> of High Trea<g ref="char:EOLhyphen"/>ſon,
and other grievous Crimes. The
Court hath determined that you ſhal
anſwer to your charge.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I will anſwer as ſoon as ever I ſhall
underſtand, by what authority you do theſe
things.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>If this be all that you will
ſpeake: Gentlemen, you who brought
the priſonner hither, take him back
again.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>
                           <hi>I</hi> demand, that <hi>I</hi> may be permitted
to exhibite my Reaſons why <hi>I</hi> anſwer not
unto the Charge, and give me time to per<g ref="char:EOLhyphen"/>form
this.</p>
                     </sp>
                     <sp>
                        <pb n="17" facs="tcp:45653:16"/>
                        <speaker>Preſident.</speaker>
                        <p>Sir, it is not for priſon<g ref="char:EOLhyphen"/>ers
to demand.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Priſoners Sir! <hi>I</hi> am no ordinary
priſoner.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>The Court hath con<g ref="char:EOLhyphen"/>ſidered
of their own juriſdiction, and
they have alſo confirmed their juriſ<g ref="char:EOLhyphen"/>diction:
If you will not anſwer, we
will give order that your Default be
recorded.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>You have not yet heard my Rea<g ref="char:EOLhyphen"/>ſons<g ref="char:punc">▪</g>
                        </p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Your Reaſons are not to
be heard againſt the Supreme Juriſdi<g ref="char:EOLhyphen"/>ction.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Shew me that juriſdiction in
the world, where Reaſon is not to be
heard.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, we ſhew it you here,
the Commons of <hi>England;</hi> and the
next time you are brought hither,
you ſhall underſtand further of the
pleaſure of the Court, and perad<g ref="char:EOLhyphen"/>venture
their finall ſentence,</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Shew me, where the Houſe of
Commons was ever a Court of Judicature
in that kind.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Serjeant take away the
Priſoner.</p>
                     </sp>
                     <sp>
                        <pb n="18" facs="tcp:45653:17"/>
                        <speaker>King.</speaker>
                        <p>Sir, Remember that the King
is not ſuffered to declare his Reaſons, for
the Libertie and Immunities of his ſub<g ref="char:EOLhyphen"/>jects.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.,</speaker>
                        <p>Sir That Freedome of
ſpeech is not permitted to you, how
great a friend you have been to the
laws and the Liberties of the people,
let <hi>England</hi> and all the world judge!</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir, by your leave, <hi>I</hi> have alwayes
loved the Liberty, the Immunities, &amp; Laws
of the ſubjects; If <hi>I</hi> have defended myſelf by
Arms, <hi>I</hi> have not taken them up againſt the
people, but for them.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>You muſt obey the De<g ref="char:EOLhyphen"/>cree
of the Court, you give no anſwer
to the Charge againſt you.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Well Sir!</p>
                        <p>And ſo was he brought to the Houſe of
Sir <hi>Robert Cotton;</hi> and the Court was
adjourned to the Painted Chamber, untill
Wedneſday following at twelve of the clock
at what hour they intended to adjourn a<g ref="char:EOLhyphen"/>gain
to <hi>Weſtminſter-hal,</hi> where all, whom
it doth concern, are commanded to be pre<g ref="char:EOLhyphen"/>ſent.</p>
                     </sp>
                  </div>
                  <div type="day">
                     <pb n="19" facs="tcp:45653:17"/>
                     <head>The third dayes proceedings againſt
the late King at the High Court of
Juſtice, <date>Tueſday Jan. 23. 1648.</date>
                     </head>
                     <p>THe Cryer according to the
Cuſtome, having with his <hi>Oyes</hi>
commanded ſilence and at<g ref="char:EOLhyphen"/>tention;
the King being ſate, Mr. At<g ref="char:EOLhyphen"/>turney
Genrall turning to the L. Pre<g ref="char:EOLhyphen"/>ſident
ſpake in theſe words.</p>
                     <p>May it pleaſe your Lordſhip: This is
now the third time that by the great
grace and favour of this High Court
the Priſoner hath been brought
to the Bar, and yet by reaſon of his
refuſall to put in his Anſwer, there
is yet no iſſue joyned in the cauſe. My
Lord, I did at the firſt exhibit a
Charge againſt him, containing the
higheſt practices of Treaſon, that
were ever wrought on the Theater of
<hi>England.</hi> That a King of <hi>England</hi>
truſted to keep the Lawes of <hi>England,</hi>
and who had taken an Oath ſo to do,
&amp; had tribute paid him for that end,
<pb n="20" facs="tcp:45653:18"/>
ſhould be guilty of ſo wicked a deſign
as to ſubvert our Laws, and introduce
an arbitrary and tyrannical Govern<g ref="char:EOLhyphen"/>ment,
and ſet up his ſtandard of
warre againſt his Parliament and his
people, and I did humbly pray in the
behalf of the people of <hi>England,</hi> that
he might ſpeedily be required to
make an anſwer to his charge.</p>
                     <p>But my Lord, inſtead of making
an anſwer, he did then diſpute the
Authority of this Tribunal, and your
Lordſhip being pleaſed to give him a
further day to put in his anſwer,
which was yeſterday, I did move a<g ref="char:EOLhyphen"/>gaine
that he might be required to
put in a direct and poſitive anſwer
to his charge, either by denying or
confeſſing it; but he was then pleaſed
to debate the Juriſdiction of the
Court, although he was commanded
to give a poſitive anſwer.</p>
                     <p>My Lord, by reaſon of this great de<g ref="char:EOLhyphen"/>lay
of Juſtice, I ſhall humbly move for
ſpeedy judgement againſt him I may
preſſe your Lordſhip upon the known
Rules of the Laws of the Land, that
if a priſoner ſhall ſtand in contempt
<pb n="21" facs="tcp:45653:18"/>
and not plead guilty or not guilty to
the charge given againſt him, it, by
an implicite confeſſion, ought to be
taken <hi>pro confeſſo,</hi> as I may inſtance in
divers who have deſerved more favor
then the priſoner at the Bar hath done
But I ſhall preſſe upon the whole fact.
The Houſe of Commons, the Supream
Authority of the Kingdome, have de<g ref="char:EOLhyphen"/>clared,
(my Lord) that it is notorious.
The matter of the charge is true, and
clear as chryſtall, or as the Sun that
ſhineth at Noon day, in which my
Lord Preſident, if your Lordſhip and
the Court be not ſatisfied, I have ſeve<g ref="char:EOLhyphen"/>rall
witneſſes on the behalf of the
people of <hi>England</hi> to produce, and
therefore <hi>I</hi> do humbly pray, and not
ſo much <hi>I,</hi> as the innocent blood that
hath been ſhed, the cry whereof is
great for Juſtice and Judgement, that
ſpeedy Judgement may be pronoun<g ref="char:EOLhyphen"/>ced
againſt the priſoner at the Bar.</p>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you have heard
what hath been moved by Mr. <hi>Sol<g ref="char:EOLhyphen"/>licitor</hi>
on the behalfe of the King<g ref="char:EOLhyphen"/>dome
againſt you. Sir you may well
remember, and if you do not, the
<pb n="22" facs="tcp:45653:19"/>
Court cannot forget the delayes
which you have made. You have been
pleaſed to propound ſome Queſtions,
and amply you have had your reſolu<g ref="char:EOLhyphen"/>tion
on them, you have been often
told that the Court did affirm their
own juriſdiction; &amp; that it was not for
you nor any other man to diſpute the
Juriſdiction of the higheſt Authority
of <hi>England,</hi> from which there is no ap<g ref="char:EOLhyphen"/>peal,
and touching which there muſt
be no diſpute; yet you did deport
your ſelf in that manner, that you
gave no obedience, nor did acknow<g ref="char:EOLhyphen"/>ledge
any Authority either in them
or the Supream Court of Parliament
that conſtituted this high Court of
Juſtice. Sir, the Court gives you to
underſtand that they are very ſen<g ref="char:EOLhyphen"/>ſible
of theſe demurres, and that be<g ref="char:EOLhyphen"/>ing
thus authoriſed by the High Court
of <hi>England,</hi> they ought not to be
trifled withall, eſpecially, ſeeing if
they pleaſe, they may take advantage
of theſe delayes, and according to
the rules of Juſtice, proceed and pro<g ref="char:EOLhyphen"/>nounce
Judgement againſt you: Ne<g ref="char:EOLhyphen"/>vertheleſſe
they are ſo favourable as
<pb n="23" facs="tcp:45653:19"/>
to give direction to me, and therefore
on their behalfe I do require you to
make a poſitive anſwer to this charge,
that hath been read againſt you. Ju<g ref="char:EOLhyphen"/>ſtice
knows no reſpect of perſons. You
are to give your poſitive and finall
Anſwer in plain Engliſh, whether
guilty or not guilty, of the Treaſon
laid to your charge.</p>
                        <p>
                           <hi>The King having meditated a little
did anſwer in theſe words.</hi> When I
was here yeſterday, <hi>I</hi> deſired to ſpeak for
the Liberties of the people of <hi>England, I</hi> de<g ref="char:EOLhyphen"/>ſire
yet to know, whether without interru<g ref="char:EOLhyphen"/>ption,
<hi>I</hi> may ſpeak freely or not.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, on the like Queſtion
you had yeſterday the reſolution of
this Court; you were told that ha<g ref="char:EOLhyphen"/>ving
a charge of ſo high a nature a<g ref="char:EOLhyphen"/>gainſt
you, your work was to acknow<g ref="char:EOLhyphen"/>ledge
the Juriſdiction of the Court,
and to anſwer the charge; after you
have done that, you ſhall be heard at
large to make what defence you can
for your ſelf; but Sir, the Court com<g ref="char:EOLhyphen"/>mands
me to make known unto you
that you are not permited to run into
any other diſcourſes, untill ſuch time
<pb n="24" facs="tcp:45653:20"/>
that you have returned a poſitive
Anſwer to the matter that is charged
upon you.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>
                           <hi>I</hi> value not the charge a ruſh: It is
the Liberty of the people of <hi>England</hi> that
<hi>I</hi> ſtand for. For me who am your <hi>King,</hi>
and ſhould be an example to all the Courts
in <hi>England</hi> to uphold Juſtice, and main<g ref="char:EOLhyphen"/>tain
the old Laws; for me <hi>I</hi> ſay to acknow<g ref="char:EOLhyphen"/>ledge
a new Court, that <hi>I</hi> never heard
of before, is a thing that <hi>I</hi> knowe not how to
do. You did ſpeak very well on the firſt
day. <hi>I</hi> came hither, concerning the obliga<g ref="char:EOLhyphen"/>tions
that <hi>I</hi> have laid upon me by God, for
the maintenance of the Liberties of my
people. <hi>I</hi> do acknowledge that <hi>I</hi> do ow the
ſame obligations to God and my people, to
defend as much as in me lies the ancient
Laws of the Kingdome: therefore untill <hi>I</hi>
be ſatisfied that it is not againſt the fun<g ref="char:EOLhyphen"/>damental
Laws of the Kingdome, <hi>I</hi> can put
in no particulars to the Charge. If you will
give me time, <hi>I</hi> will ſhew you my Reaſons
wherefore <hi>I</hi> cannot do it; and <hi>Here being
interrupted,</hi> he ſaid. By your favour
you ought not to interrupt me. How <hi>I</hi> came
here I do not know. There is no law to
make your King your priſoners, <hi>I</hi> was in a
<pb n="25" facs="tcp:45653:20"/>
Treaty upon the publick faith of the King<g ref="char:EOLhyphen"/>dome,
that was the known—two
Houſes of Parliament, that was the Repre<g ref="char:EOLhyphen"/>ſentative
of the Kingdome; and when <hi>I</hi> had
almoſt made an end of the Treaties; <hi>I</hi> was
hurried away, and brought thither; and
therefore <hi>I</hi> would—</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you muſt know the
pleaſure of the Court.</p>
                     </sp>
                     <sp>
                        <speaker>King,</speaker>
                        <p>By your favour Sir,—</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Nay Sir, by your favour
you may not be permitted to run into
theſe diſcourſes, you appear here as
a Delinquent, you have not acknow<g ref="char:EOLhyphen"/>ledged
the Authority of the Court,
the Court once more doth command
you to give your poſitive Anſwer?</p>
                        <p>M<g ref="char:punc">▪</g> 
                           <hi>Broughton</hi> Do your Duty.</p>
                        <p>
                           <hi>King</hi> Duty Sir.</p>
                        <p>M. <hi>Broughton</hi> reads, <hi>Charls Stuart,</hi>
King of <hi>England,</hi> you are accuſed in the
behalfe of the Commons of <hi>England</hi> of di<g ref="char:EOLhyphen"/>vers
high Crimes and Treaſons, which
Charge hath been read unto you; The Court
now requires you to give your poſitive and
finall anſwer either by way of confeſſion
or by deniall of the Charge.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir, I ſay againe unto you, If
<pb n="26" facs="tcp:45653:21"/>
thereby I may give ſatisfaction to the people
of <hi>England</hi> of the uprightnes of my pro<g ref="char:EOLhyphen"/>ceedings,
not by way of anſwer, but to ſa<g ref="char:EOLhyphen"/>tisfie
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 Fundamentall Laws of the Kingdome,
you muſt excuſe me, if I ſhall refuſe to do
it.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident</speaker>
                        <p>Sir, This is the third
time, that you have publiquely diſ<g ref="char:EOLhyphen"/>owned
this Court, and put an af<g ref="char:EOLhyphen"/>front
upon it. How far you have pre<g ref="char:EOLhyphen"/>ſerved
the priviledges of the People,
your actions have ſpoke: And truly
Sir, If mens intentions can be
known by their actions, you have
written your intentions in bloody
Characters throughout the whole
Kingdome: But Sir, you are to un<g ref="char:EOLhyphen"/>derſtand
the pleaſure of the Court
—Clerk Record the default—.
And Gentlemen, you that are a
guard to the priſoner, take him back
again.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>
                           <hi>I</hi> will onely adde this one word,
If it were onely my own particular, <hi>I</hi> would
<pb n="27" facs="tcp:45653:21"/>
not ſay any more, nor interrupt you at all.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you have heard the
pleaſure of the Court, and notwith<g ref="char:EOLhyphen"/>ſtanding
you will not underſtand it,
you are to finde that you are before
a Court of Juſtice</p>
                        <p>The King going forth, Proclamation
was made, that all perſons, who then
appeared; and had further to doe with
the Court, might depart into the
Painted Chamber, to which place the
Court adjourned, being reſolved to
meet again in <hi>Weſtminſter-hall</hi> by ten
of the Clock the next morning.</p>
                     </sp>
                     <p>
                        <date>
                           <hi>Wedneſday</hi> January 24.</date>
                     </p>
                     <p>The Court being this day imployed upon
Examinations of witneſſes, and other
things, in order to their next proceedings,
did appoint one of their <g ref="char:V">Ʋ</g>ſhers to give no<g ref="char:EOLhyphen"/>tice
to the people there aſſembled to appear
on further ſummons.</p>
                  </div>
                  <div type="day">
                     <pb n="28" facs="tcp:45653:22"/>
                     <head>The laſt proceedings
againſt the King,
wherein they pro<g ref="char:EOLhyphen"/>nounc'd
Sentence up<g ref="char:EOLhyphen"/>on
him, on <date>Saturday
January 27. 1648.</date>
                     </head>
                     <p>SIlence being commanded by the
Crier, the Court was called, and
Serjeant <hi>Bradſhaw</hi> the Lord Pre<g ref="char:EOLhyphen"/>ſident,
was that day in a ſcarlet Gown.
There were preſent that day, ſixty
and eight Members of the Court.</p>
                     <p>The King turning to the Lord Preſident
ſaid; I ſhall deſire to be heard ſome few
words, and <hi>I</hi> ſhall give no occaſion of in<g ref="char:EOLhyphen"/>terruption.</p>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>You may anſwer in due
time, heare the Court firſt.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>If it pleaſe you Sir, <hi>I</hi> deſire to
be heard; and <hi>I</hi> ſhall not give any occaſion
of interruption, and it is only in a word. A
<pb n="29" facs="tcp:45653:22"/>
ſudden Judgement—</p>
                     </sp>
                     <sp>
                        <speaker>Preſident</speaker>
                        <p>Sir you ſhall be heard
(as I have told you) in due time, but
you muſt hear the Court firſt.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir, What I am to ſpeake will
be in order, as I conceive, to what <hi>I</hi> be<g ref="char:EOLhyphen"/>lieve
the Court will ſay, and therefore Sir,
<hi>I</hi> deſire to be heard, A haſty judgement is
not ſo ſoon recalled.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you ſhall be heard
before judgement be given, and in
the mean time, you ought to for<g ref="char:EOLhyphen"/>bear.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Well Sir <hi>I</hi> ſhall be heard before
the judgement be given.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Gentlemen, it is well
known to all or the greateſt part of
you here preſent, that the priſoner at
the Bar hath been ſeveral times con<g ref="char:EOLhyphen"/>vented,
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 <hi>England,</hi> to which charge
being oftentimes commanded to an<g ref="char:EOLhyphen"/>ſwer;
he hath been ſo far from ſub<g ref="char:EOLhyphen"/>miting
to the Court, as he hath un<g ref="char:EOLhyphen"/>der
tooke to object againſt, &amp; diſpute
<pb n="30" facs="tcp:45653:23"/>
the Authority of this Court, &amp; of the
High Court of Parliament, who con<g ref="char:EOLhyphen"/>ſtituted
this Court to try and judge
him; but being over-ruled in that,
and commanded to make anſwer; he
was ſtill pleaſed to perſevere in his
contumacie and refuſed to ſubmit
to anſwer; whereupon the Court, that
they may not be wanting to them<g ref="char:EOLhyphen"/>ſelves,
and to the truſt repoſed in
them; nor that any mans wilfulneſs
ſhall prevent the courſe of Juſtice;
have conſidered of the contempt, and
of that conſequence which in Law
doth ariſe on that contempt. They
have likewiſe conſidered of the noto<g ref="char:EOLhyphen"/>riouſneſs
of the Fact charged upon
the priſoner, and upon the whole
matter are reſolved, and have agreed
upon a Sentence to be now pronoun<g ref="char:EOLhyphen"/>ced
againſt him, but in regard he hath
deſired to be heard before Sentence
he read and pronounced, the Court
is reſolved to heare him: yet Sir,
thus much I muſt tell you before hand,
of which alſo you have been mind<g ref="char:EOLhyphen"/>ed
at the other Courts, that if what
you are to propoſe ſhall tend to diſ<g ref="char:EOLhyphen"/>pute
<pb n="31" facs="tcp:45653:23"/>
the Juriſdiction of the Court,
you are not to be heard therein: you
have offerd it formerly, and you have
indeed ſtruck at the root, which is
the power and Supream Authority
of the Commons of <hi>England,</hi> of which
this Court will admit no debate; and
indeed it would be an unreaſonable
thing in them ſo to do, being a Court
which doth act upon that Authority
which they have received from them;
they will not preſume to judge upon
their Superiours, from whom there
is no appeal. But Sir, If you have any
thing to ſay in defence of your ſelfe,
concerning the matter with which
you are charged; the Court hath given
me command to let you know, they
will hear you.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Since <hi>I</hi> perceive, you will not hear
any thing of Debate concerning that which <hi>I</hi>
confeſs <hi>I</hi> thought moſt material for the peace
of the Kingdom, and the Liberty of the
Subject; <hi>I</hi> ſhall wave it, and speake nothing
of it, only <hi>I</hi> muſt tell you, that theſe many
daies all things have been taken from me,
but that <hi>I</hi> call more dear unto me than my
life, which is my conſcience and my Honour;
<pb n="32" facs="tcp:45653:24"/>
and if I had reſpect to my life more than to
the peace of the Kingdom, and the Liberty of
the Subject; I ſhould certainly have made a
particular defence for my ſelf, for by that
at leaſt I might have deferred an ugly ſen<g ref="char:EOLhyphen"/>tence
which I expect to paſs upon me. There<g ref="char:EOLhyphen"/>fore
undoubtedly; Sir, as a man that hath
ſome underſtanding, ſome knowledge of the
world if that my true zeal to my Countrey,
had not over-born the care of my own pre<g ref="char:EOLhyphen"/>ſervation,
I ſhould have gone another way
to work than now <hi>I</hi> have done. Now Sir,
<hi>I</hi> conceive that a haſty ſentence once paſſed
may ſooner be repented then revocked; and
truly the ſame fervent deſire <hi>I</hi> have for the
peace of the Kingdom, &amp; the Liberty of the
Subject, more than my own particulars, doth
make me now at laſt move that, having
ſomething to ſay concerning both, <hi>I</hi> may be
heard before my Sentence be pronounced, be<g ref="char:EOLhyphen"/>fore
the Lords and Commons in the Painted
Chamber. This delay cannot be prejudi<g ref="char:EOLhyphen"/>cial
to you whatſoever <hi>I</hi> ſhall utter. If <hi>I</hi>
ſpeake not reaſon<g ref="char:punc">▪</g> thoſe that heare me muſt
be my Judges, but if it be Reaſon, and
really for the welfare of the Kingdome; and
the Libertie of the ſubject; <hi>I</hi> am ſure of it; it
will be well worth the bearing. Therefore
<pb n="33" facs="tcp:45653:24"/>
                           <hi>I</hi> conjure you as you love that which you
pretend <hi>(I</hi> hope it is real) the Libertie of the
Subject, and the peace of the Kingdom, that
you will grant me the hearing before ſen<g ref="char:EOLhyphen"/>tence
be paſt. <hi>I</hi> onely deſire this, that you
will take this into your conſideration. It
may be you have not heard of it before hand,
If you thinke well of it; <hi>I</hi> will retire, and
you may thinke of it; but if <hi>I</hi> cannot get
this Libertie; <hi>I</hi> do here proteſt, that ſo fair
ſhews of Libertie and peace are but pure
ſhews and no otherwiſe, if in this you will not
hear your King?</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you have now
ſpoken.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Yes, Sir.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>And this which you have
ſpoken, is but a further declining of
the Juriſdiction of this Court, which
is the thing wherein you were limited
before.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Pray excuſe me, Sir, for my in<g ref="char:EOLhyphen"/>terruption,
becauſe you do miſtake me.
It is not a declining of it, you do judge
me before you heare me ſpeake; <hi>I</hi> ſay <hi>I</hi>
will not, <hi>I</hi> do not decline it; although <hi>I</hi>
cannot acknowledge the Juriſdiction of it
in this, give me leave to ſay, that though
<pb n="34" facs="tcp:45653:25"/>
                           <hi>I</hi> would not, though <hi>I</hi> did not acknowledge
it in this; yet <hi>I</hi> proteſt, this is not to de<g ref="char:EOLhyphen"/>cline
it, ſince <hi>I</hi> ſay, If that which <hi>I</hi> ſhall
propound be not for the peace of the King<g ref="char:EOLhyphen"/>dome,
and the Liberty of the ſubject, then
the ſhame is mine: Now <hi>I</hi> deſire that you will
take this into your conſideration; if you
will, <hi>I</hi> will withdraw.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir; This is not altoge<g ref="char:EOLhyphen"/>ther
new, that you have offered unto
us, I ſay, it is not altogether new
unto us, although it be the firſt time
that in perſon you have offered it to
the Court Sir, you ſay you do not
decline the Juriſdiction of the Court.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Not in this that <hi>I</hi> have ſaid.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>I underſtand you well
enough Sir, Nevertheleſs that which
you have propounded ſeems to be
contrary to that which you have ſaid,
for the Court are ready to proceed to
ſentence: It is not (as you ſay) that
they will not hear their King: For
they have been ready to hear you,
they have patiently waited your
pleaſure for three Court daies toge<g ref="char:EOLhyphen"/>ther,
to hear what you would anſwer
to the peoples charge againſt you, to
<pb n="35" facs="tcp:45653:25"/>
which you have not vouchſafed to
give any anſwer at all. Sir, this doth
tend to a further delay, and truly
Sir, Such delays as theſe, neither
may the Kingdom nor Juſtice admit:
You have had the advantage of
three ſeveral dayes to have offered
in this kind, what you were pleaſed
to have propounded to the Lords and
Commons. This Court is founded
upon the Authority of the Commons
of <hi>England,</hi> in whom reſteth the Su<g ref="char:EOLhyphen"/>pream
Juriſdiction: That which you
now tender to the Court, is to be
tried by another Juriſdiction, a
co-ordinate Juriſdiction, I know very
well, how you have expreſſed your
ſelf, and that notwithſtanding, what
you would propound to the Lords
and Commons, yet nevertheſeſs,
you would proceed on here; I did hear
you ſay ſo, but Sir, That which you
would offer there, whatſoever it be,
muſt needs be in delay of Juſtice here,
ſo as if this Court be reſolved and
prepared for the ſentence, they are
bound in Juſtice not to grant that
which you ſo much deſire; but, Sir,
<pb n="36" facs="tcp:45653:26"/>
according to your deſire, and becauſe
you ſhall know the full pleaſure of
the Court upon that, which you
have moved, the Court ſhall withdraw
for a time.</p>
                     </sp>
                     <sp>
                        <speaker>King</speaker>
                        <p>Shall I withdraw?</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you ſhall know the
the pleaſure of the Court preſent<g ref="char:EOLhyphen"/>ly.</p>
                        <p>The Court withdraws for half an hour
into the Court of Wards, Serjeant at Arms,
the Court gives you command that the pri<g ref="char:EOLhyphen"/>ſoner
withdraw, and that about half an
hour hence the priſoner be returned again.</p>
                        <p>The time being expired, the Court re<g ref="char:EOLhyphen"/>turned,
and the Lord <hi>Preſident</hi> com<g ref="char:EOLhyphen"/>manded
the Serjeant at Arms to ſend for
his priſoner.</p>
                        <p>The King being come attended
with his Guard, The Lord <hi>Preſident</hi>
ſaid unto him, Sir, you were pleaſed
to make a motion here to the Court,
concerning the deſire you had to
propound ſomething to the Lord<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>
and Commons in the Painted Cham<g ref="char:EOLhyphen"/>ber
for the peace of the Kingdome
Sir, you did in effect receive an An<g ref="char:EOLhyphen"/>ſwer
before the Court adjourned
<pb n="37" facs="tcp:45653:26"/>
Truely Sir, their adjournment and
withdrawing was <hi>pro formâ tantum,</hi> for
it did not ſeem to them, that there
was any difficulty in the thing; they
have conſidered of what you moved,
and have conſidered of their own
Authority, which is grounded, as it
hath been often, ſaid, upon the Su<g ref="char:EOLhyphen"/>pream
Authority of the Commons of
<hi>England,</hi> Aſſembled in Parliament.
The Court doth act according to
their Commiſſion. Sir, I have recei<g ref="char:EOLhyphen"/>ved
an expreſs Order from the Court,
to acquaint you, that they have been
too much delayed by you already,
and that this which you have now
offered, hath occaſioned ſome little
further delay; they are Judges ap<g ref="char:EOLhyphen"/>pointed
by the higheſt Judges, and
Judges are no more to delay than
they are to deny Juſtice; they are
good words in the old Charter of
<hi>England, Nulli negabimus, nulli vende<g ref="char:EOLhyphen"/>mus,
nulli deferremus juſtitiam;</hi> There
muſt be no delay, but Sir, the Truth
is, and ſo every man here obſerves
it, that you have much delayed them
by your contempt and default; for
<pb n="38" facs="tcp:45653:27"/>
which long ſince they might have
proceeded to judgement againſt you;
therefore notwithſtanding, what
you have offered, they are reſolved
to proceed to puniſhment and to
judgement; and this is their unani<g ref="char:EOLhyphen"/>mous
reſolution.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir, I ſee it is in vain for me
to diſpute, I am no Sceptick to doubt,
or to deny the power that you have: I do
know that you have power enough. Sir,
I confeſs, I do believe it would have been
advantagious to the peace of the Kingdom,
if you would have been pleaſed to take the
pains to ſhew the lawfulneſs of your power.
As for this delay, which I have deſired,
<hi>I</hi> do confeſſe it is a delay, but it is a delay
that is important for the peace of the King<g ref="char:EOLhyphen"/>dom:
It is not my perſon that I look on alone;
It is the welfare of the Kingdom, the peace
of the Kingdome. It is an old ſaying, that
we ſhould think on long, but perform great
matters ſuddenly. Therefore, Sir, I do
ſay again, I do put at your doors, all the in<g ref="char:EOLhyphen"/>conveniences
of a haſty ſentence. I have been
here now a full week, this day eight dayes,
was the day in which I made in this place,
my firſt appearance; The ſhort reſpite but
<pb n="39" facs="tcp:45653:27"/>
of a day, or two longer, may give peace
unto the Nation; whereas an haſty jugde<g ref="char:EOLhyphen"/>ment
may bring ſuch a perpetual trouble
and inconvenience upon it, that is, the
Child unborn may repent it. And there<g ref="char:EOLhyphen"/>fore
once more out of the duty I owe to God,
and to my Country, I do deſire that I may
be heard by the Lords and Commons in the
painted Chamber, or any other place that
you will appoint me.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you have been already
anſwered to what you have moved, it
being the ſame motion which you
made before, for which you have had
the reſolution and the judgement of
the Court in it; and the Court would
now be ſatisfied from you, whether
you have any more to ſay for your
ſelfe then you have yet ſaid, before
they proceed to ſentence.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I ſay this, Sir, that if you will
but hear me, and give me this delay, <hi>I</hi> doubt
not, but I ſhall give ſome ſatisfaction to
all that are preſent, and to my people that
are abſent; and therefore I require you, as
you will anſwer it at the dreadfull day of
Judgement, that you will once again take it
into your conſideration.</p>
                     </sp>
                     <sp>
                        <pb n="40" facs="tcp:45653:28"/>
                        <speaker>Preſident.</speaker>
                        <p>Sir, I have received in<g ref="char:EOLhyphen"/>ſtructions
from the Court.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Well Sir,</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>If this muſt be reinfor<g ref="char:EOLhyphen"/>ced,
or any thing of this nature, your
anſwer muſt be the ſame, as it was
before, and they will proceed to ſen<g ref="char:EOLhyphen"/>tence,
if you have no more to ſay?</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Sir, I have nothing more to ſay,
onely I deſire that this may be entred what
I have ſaid.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>The Court Sir, then
hath ſomething elſe to ſay to you,
which although I know will be very
unwelcom; yet notwithſtanding, they
are reſolved to diſcharge their duty.</p>
                        <p>Sir, you have ſpoken very well of
a precious thing, that you call a
peace; and it were much to be wiſhed,
that God had put it into your heart,
that you had as effectually endea<g ref="char:EOLhyphen"/>voured,
and ſtudied the peace of the
Kingdome, as in words you ſeem to
pretend; but as the other day, it was
repreſented to you, that actions muſt
expound intentions: Your actions
have been clean contrary, and truly,
Sir, it doth appear very plainly to
<pb n="41" facs="tcp:45653:28"/>
the Court, that you have gone upon
very erroneous principles. This
Kingdom hath felt it to their ſmart,
and it will be no comfort to you, to
think of it; for Sir, you have been
heard to let fall ſuch language, as if
you had not been ſubject to the Law,
or that the Law had not been your
Superiour. The Court is very ſen<g ref="char:EOLhyphen"/>ſible
of it, I hope, ſo are all the under<g ref="char:EOLhyphen"/>ſtanding
people of <hi>England,</hi> That
the Law is your Superiour: you ought
to have ruled according to the law,
you ought to have done ſo, and
your pretence hath been, that you
have done ſo: But Sir, the queſtion
is who ſhall be the expoſitors of the
Law, whether you and your party
out of the Courts of Juſtice ſhall take
upon you to expound the Law? Or
whether the Courts of Juſtice, ſhall
be the expounders themſelves? Nay,
this Sovereign and high Court of
Juſtice, the Parliament of <hi>England,</hi>
who may well be obliged to be the
higheſt expounders of the Law, ſince
they are the Sole makers of it: Sir,
for you to ſet your ſelfe with your
<pb n="42" facs="tcp:45653:29"/>
ſingle judgement, or for thoſe who
adhere unto you, to ſet themſelves
againſt the higheſt Court of Juſtice,
there is no Law for it. Sir, as the
Law is your ſuperior, ſo truly, there
is ſomething that is Superiour to the
Law, which is the Parent, or Author
of the Law, and that is the people of
<hi>England:</hi> For as they are thoſe who at
firſt (as other Countries have done)
did chuſe unto themſelves this form
of Government, that Juſtice might
be adminiſtred and the peace pre<g ref="char:EOLhyphen"/>ſerved:
ſo they gave Laws unto
their Governors, according to which
they were to govern; and if thoſe
Laws ſhould have proved inconveni<g ref="char:EOLhyphen"/>ent,
or prejudicial to the publick,
they had power in them reſerved to
themſelves to alter, as they ſhould
finde cauſe.</p>
                        <p>It is very true, what ſome of your
ſide have alleadged; <hi>Rex non habet
parem in regno</hi> This Court will affirm
the ſame in ſome ſenſe, that whileſt
King, you have not your Peer; for
you are <hi>major ſingulis,</hi> but they will
aver again, that you are <hi>minor univer<g ref="char:EOLhyphen"/>ſis;</hi>
                           <pb n="43" facs="tcp:45653:29"/>
and the ſame Author tels you,
that <hi>in exhibitione juris,</hi> you have no
power, but they are <hi>quaſi minimus</hi>
                        </p>
                        <p>This we know to be Law, <hi>Rex haebt
ſuperiorem Deum &amp; legem, etiam &amp; Curi<g ref="char:EOLhyphen"/>am,</hi>
and ſo ſayes the ſame Author;
and he makes bold to proceed further
<hi>Debent ei fraenum ponere,</hi> they ought to
bridle him. We know very well the
ſtories of old: we cannot be ignorant
of thoſe Wars that were called the
Barons Wars, when the Noblity of
the Land did ſtand out for the Liber<g ref="char:EOLhyphen"/>ty
and the property of the Subject,
and would not ſuffer the Kings that
did invade their Liberties to play the
Tryants, but did call them to an ac<g ref="char:EOLhyphen"/>count
for it, and did <hi>fraenum ponere</hi>
But Sir, If the Nobility of the Land
do forbear to do their duty now,
and are not ſo mindfull of their own
Honour and the Kingdomes good,
as the Barons of <hi>England</hi> of old have
been; certainly, the Commons of
<hi>England</hi> will not be unmindefull of
what is requiſite for their preſerva<g ref="char:EOLhyphen"/>tion
and their ſafety. <hi>Juſtitiae fruendi
cauſa Reges conſtituti ſunt.</hi> By this we
<pb n="44" facs="tcp:45653:30"/>
learn, that the end of having Kings,
or Governours, is for their enjoying
of Juſtice, that is the end. Now Sir,
If the King will go contrary to
that end, or if any Governour will
go contrary to the end of his govern<g ref="char:EOLhyphen"/>ment,
he muſt underſtand, that he is
but an Officer in truſt, and that he
ought to diſcharge that truſt, and
order is to be taken for the animad<g ref="char:EOLhyphen"/>verſion
and puniſhment of ſuch an
offending Governour.</p>
                        <p>Sir, This is not a Law of yeſter<g ref="char:EOLhyphen"/>day
(ſince the time of the diviſion
betwixt you and the Parliament)
but it is a Law of old; And we know
very well both the Authors and the
Authorities that acquaint us what
the Law was in that point, on the
election of Kings, when they took
their Oath to be true unto the peo<g ref="char:EOLhyphen"/>ple;
and if they did not obſerve
it, there were thoſe remedies in<g ref="char:EOLhyphen"/>ſtituted
which are called Parlia<g ref="char:EOLhyphen"/>ments.
The Parliaments were they
that were to adjudge (the very words
of the Authors) the plainneſs and
wrongs done by the King and Queen,
or by their Children; ſuch wrongs e<g ref="char:EOLhyphen"/>eſpecially,
<pb n="45" facs="tcp:45653:30"/>
when the people could
have no where elſe a remedy. Sir,
this is the Caſe of the people of <hi>Eug<g ref="char:EOLhyphen"/>land,</hi>
they could not have their re<g ref="char:EOLhyphen"/>medy
elſe where but in Parliament.</p>
                        <p>Sir, Parliaments were inſtituted for
that intent, it was their main end,
that the grievances of the people
might be redreſſed, and truly, if the
Kings of <hi>England</hi> had been rightly
mindefull of themſelves, they were
never more in Majeſtie or State, than
in the time of the Parliament: but
how forgetfull ſome have been,
Hiſtories have informed us; and we
our ſelves have a miſerable, a lamen<g ref="char:EOLhyphen"/>table,
and a ſad experence of it.</p>
                        <p>Sir, by the old Laws of <hi>England</hi> (I
ſpeake theſe things the rather to you,
becauſe you were pleaſed to affirme
the other day, that you had as much
knowledge in the Law as moſt
Gentlemen of <hi>England.</hi> It is very
well Sir, and truly Sir, it is very ſit
for the Gentlemen of <hi>England</hi> to un<g ref="char:EOLhyphen"/>derſtand
the Laws under which they
muſt live, and by which they muſt
be governed; And then Sir, the Scri<g ref="char:EOLhyphen"/>pture
ſayes, they that know their Ma-Masters
<pb n="46" facs="tcp:45653:31"/>
will and do it not; you know
what follows, the Law is your Ma<g ref="char:EOLhyphen"/>ſter,
the acts of Parliament) the Par<g ref="char:EOLhyphen"/>liaments
were anciently to be kept
twice in the year, as we find in our
old Author, that the Subject upon
any occaſion might have a remedie
and a redreſs for his grievance. After<g ref="char:EOLhyphen"/>wards
by ſeverall Acts of Parliament
in the dayes of your predeceſſor <hi>Ed<g ref="char:EOLhyphen"/>ward</hi>
the third; they were to be but
once a year. What the Intermiſſion
of Parliaments in your times hath
produced, is very well known, and
the ſad conſequences of it; as alſo
what in the interim inſtead of Parlia<g ref="char:EOLhyphen"/>ments,
there hath been by you, by
a high and arbitrary hand intro<g ref="char:EOLhyphen"/>duced
upon the people. But when
God by his Providence had ſo far
brought it about, that you could
no longer decline the calling of a Par<g ref="char:EOLhyphen"/>liament<g ref="char:punc">▪</g>
a Parliament was called;
where it may appear, what your ends
were againſt your ancient and Native
Kingdom of <hi>Scotl</hi> but this Parliament
of <hi>Engl.</hi> not ſerving your turn againſt
them, you were pleaſed to diſſolve
<pb n="47" facs="tcp:45653:31"/>
it. Not long after, another great ne<g ref="char:EOLhyphen"/>ceſſitie
occaſioned the calling of this
Parliament, and what your deſignes
and indeavours all along have been
for the cruſhing and confounding
of it, hath been moſt notorious to
the whole Kingdom. And truly Sir, in
that you did ſtrike at all, it had been
a ſure way to have brought about
that which this <hi>Charge</hi> doth lay upon
you; your intention to ſubvert the
fundemental Laws of the Land, for
the great Bulwarks of the peoples Li<g ref="char:EOLhyphen"/>berty,
is the Parliament of <hi>England,</hi>
and to ſubvert and root up that,
which your aim hath been to do,
would certainly at one blow, have
confounded the Liberties and the
properties of <hi>England.</hi>
                        </p>
                        <p>Truly Sir, It makes me call to
minde (I cannot forbeare to expreſs
it) for Sir, we muſt deal plainly with
you according to the merits of your
Cauſe, for ſo is our commiſſion, It
makes me, I ſay, to call to minde, what
I have read of a great <hi>Romane</hi> Em<g ref="char:EOLhyphen"/>peror,
a great <hi>Roman</hi> tyrant, may I call
him, <hi>Caligula</hi> by name, who wiſhed
<pb n="48" facs="tcp:45653:32"/>
that the people of <hi>Rome</hi> had but one
Neck, that at one blow he might
cut it off: Your proceedings have
been ſomething like to this, the
people of <hi>England</hi> have been &amp; are
no where elſe to be repreſented but
in Parliament; and could you have
but confounded that, you had at
one blow cut off the neck of <hi>England</hi>
But God hath reſerved better things
for us and hath been pleaſed to
breake your Forces and to over<g ref="char:EOLhyphen"/>throw
your deſignes, and to bring
your perſon in to cuſtody, that you
might be anſwerable unto Juſtice.</p>
                        <p>Sir, we know very well that it is
a queſtion which hath been much
preſſed by your ſide, <hi>By what Pre<g ref="char:EOLhyphen"/>ſidents
we ſhall proceed,</hi> Truly Sir, for
Preſidents, I ſhall not at this pre<g ref="char:EOLhyphen"/>ſent
make any long diſcourſe on
that ſubject; howſoever, I ſhall ac<g ref="char:EOLhyphen"/>quaint
them, that it is no new thing
to cite Preſidents almoſt out of all
Nations, where the people (when
power hath been in their hands)
have not ſticked to call their Kings
to an account, and where a change
<pb n="49" facs="tcp:45653:32"/>
of Government hath enſued upon
the occaſion of the Tyranny and
miſgovernment of thoſe that have
been placed over the people. I will
not waſte time to mention <hi>France,</hi>
or <hi>Spain,</hi> or the Empire of <hi>Ger<g ref="char:EOLhyphen"/>many,</hi>
or any other Countrey; Vo<g ref="char:EOLhyphen"/>lumnes
may be written of it: But
truey Sir, that Preſident of the
Kingdom of <hi>Arragon</hi> hath by ſome
of us been thought upon. The Ju<g ref="char:EOLhyphen"/>ſtice
of <hi>Arragon,</hi> is as a man <hi>tan<g ref="char:EOLhyphen"/>quam
in medio poſitus,</hi> it is placed
between the people of that Coun<g ref="char:EOLhyphen"/>trey
and the King of <hi>Spain;</hi> ſo that
if wrong be done by the King of
<hi>Arragon,</hi> the Juſtice of <hi>Arragon</hi>
hath power to reform that wrong,
and he is acknowledged the Kings
Superiour; and bring the grand
priſoner of the Priviledges, and Li<g ref="char:EOLhyphen"/>berties
of the people; he hath pro<g ref="char:EOLhyphen"/>ſecuted
againſt the Kings for their
miſgovernment.</p>
                        <p>Sir, What the Tribunes were
heretofore to <hi>Rome,</hi> and what the
<hi>Ephori</hi> were to the State of <hi>Lace<g ref="char:EOLhyphen"/>demon,</hi>
we ſufficiently know, they
<pb n="50" facs="tcp:45653:33"/>
were as the Parliament of <hi>England</hi>
to the <hi>Engliſh</hi> State: and though
<hi>Rome</hi> ſeemed to have loſt her Li<g ref="char:EOLhyphen"/>berty
when once the Emperours
were conſtituted; yet you ſhall find
ſome exemplary Acts of Juſtice
even done by the Senate of <hi>Rome,</hi>
on the great Tyrant of his time, <hi>Ne<g ref="char:EOLhyphen"/>ro,</hi>
who was by them condemned
and adjudged unto death. But
why Sir, ſhould I make mention of
theſe Forreign Hiſtories and Ex<g ref="char:EOLhyphen"/>amples
unto you. If we ſhall look
but over the <hi>Tweed,</hi> we ſhall finde
Examples enough in your Native
Kingdom of <hi>Scotland.</hi> If we look
on your firſt King <hi>Forguſius,</hi> he was
an elective King, he died and left
two Sons, both in their minority:
The elder brother afterwards
giving ſmall hopes to the people,
that he would govern them well;
ſo becauſe he endeavoured to have
ſupplanted his Uncle, who was cho<g ref="char:EOLhyphen"/>ſen
by the people to govern them in
his minority; he was rejected by
the people for it, and the younger
Brother was choſen, <hi>&amp;c.</hi>
                        </p>
                        <p>
                           <pb n="51" facs="tcp:45653:33"/>
Sir, I will not take upon me to
expreſs what your Hiſtories do at
large declare; you know very well
that you are the hundred and
nineth King of <hi>Scotland;</hi> to men<g ref="char:EOLhyphen"/>tion
all the Kings, which the peo<g ref="char:EOLhyphen"/>ple
of that Kingdome, according
to their power and Priviledge, have
made bold to deal withall, either
to baniſh, impriſon, or put to death,
would be too long a ſtory for this
time and place. <hi>Reges</hi> (ſay your
own Authors) we created Kings,
at firſt, <hi>Leges, &amp;c.</hi> we impoſed
Laws upon them, and as they were
choſen by the ſuffrages of the peo<g ref="char:EOLhyphen"/>ple
at the firſt, ſo upon the ſame oc<g ref="char:EOLhyphen"/>caſion,
by the ſame ſuffrages they
may be taken down again; and of
this, I may be bold to ſay, that no
Kingdom in the World, hath
yielded a more plentifull experi<g ref="char:EOLhyphen"/>ence,
than your Native Kingdom
of <hi>Scotland,</hi> on the depoſition and
the puniſhment of their tranſ<g ref="char:EOLhyphen"/>greſſing
Kings.</p>
                        <p>I need not go far for an Ex<g ref="char:EOLhyphen"/>ample,
your Grand-mother was
<pb n="52" facs="tcp:45653:34"/>
ſet aſide, and your Father an In<g ref="char:EOLhyphen"/>fant
Crown'd. This State hath
done the like in <hi>England.</hi> The Par<g ref="char:EOLhyphen"/>liament
and people of <hi>England,</hi>
have made bold to call their King
to an account therein, frequent
Examples of it in the <hi>Saxons</hi> time,
the time before the Conqueſt, and
ſince the Conqueſt, there have not
wanted ſome Preſidents: King <hi>Ed<g ref="char:EOLhyphen"/>ward</hi>
the ſecond, King <hi>Richard</hi> the
ſecond, were ſo dealt with by the
Parliament, and were both depo<g ref="char:EOLhyphen"/>ſed,
and deprived, and truly Sir,
whoſoever ſhall look into their
ſtories, ſhall not finde the Articles
that are charged upon them to
come near to the height, and the
Capitalneſſe of the crimes, that
are laid to your charge, nothing
near.</p>
                        <p>Sir, you were pleaſed the other
day to alledge your deſcent, and I
did not contradict it, but take all
together, if you go higher than
the Conqueſt, you ſhall find that
for almoſt a thouſand years theſe
thinge have been, and if you come
<pb n="53" facs="tcp:45653:34"/>
down ſince the Conqueſt, you are
the four and twentieth King from
<hi>William</hi> called the Conquerour,
and you ſhall find one half of
them to come meerly from the
State, and not meerly upon the
point of Deſcent. This were ea<g ref="char:EOLhyphen"/>ſie
to be inſtanced. The time muſt
not be loſt that way. I ſhall only
repreſent what a grave and
learned Judge ſaid in his time, who
was well known unto you, the
words are ſince printed for poſteri<g ref="char:EOLhyphen"/>ty:
That although there were
ſuch a thing as a Deſcent many
times, yet the Kings of <hi>England</hi>
ever held the greateſt aſſurance of
their Titles, when it was declared
by Parliament. And Sir, your
Oath, and the manner of your
Coronation, doth plainly ſhew,
that the Kings of <hi>England,</hi> although
it's true by the Law, the next per<g ref="char:EOLhyphen"/>ſon
in bloud is deſigned, yet if there
were a juſt cauſe to refuſe him, the
people of <hi>England</hi> might do it.
For there is a Contract and a bar<g ref="char:EOLhyphen"/>gain
made betwixt the King and
<pb n="54" facs="tcp:45653:35"/>
his people, and your Oath is taken,
and certainly Sir, the Bond is re<g ref="char:EOLhyphen"/>ciprocall,
for as you are Leige Lord,
ſo are they Leige Subjects, and we
know very well that <hi>Legantis eſt du<g ref="char:EOLhyphen"/>plex,</hi>
the one is a Bond of perfecti<g ref="char:EOLhyphen"/>on,
that is due from the Soveraign,
the other is a Bond of Subjection
which is due from the Subject, for
if this Bond be once broken, fare<g ref="char:EOLhyphen"/>well
Soveraignty, <hi>
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>ubjectio trahit,</hi> &amp;c.</p>
                        <p>Theſe things may not be deny<g ref="char:EOLhyphen"/>ed,
for I ſpeak it the rather (and
I pray God it may work upon your
heart) that you may be ſenſible
of your miſcarriages, for whether
you have been as you ought to be, a
Protector of <hi>England,</hi> or a de<g ref="char:EOLhyphen"/>ſtroyer
of <hi>England,</hi> let all <hi>Eng<g ref="char:EOLhyphen"/>land</hi>
judge, or all the world that
hath beheld it; and though Sir, you
have it by inheritance, in the way
that is ſpoken of, yet it cannot be
denyed, but your Office is an Of<g ref="char:EOLhyphen"/>fice
of Truſt, and indeed an Office
of the higheſt Truſt that can be
lodged in any ſingle perſon. For
as you were the grand Adminiſtra<g ref="char:EOLhyphen"/>tor
<pb n="55" facs="tcp:45653:35"/>
of Juſtice, and others were but
as your Delegates, to ſee it execu<g ref="char:EOLhyphen"/>ted
through your Dominions. If
your great Office were to do
Juſtice, and preſerve your people
from wrong, if inſtead of execu<g ref="char:EOLhyphen"/>ting
Juſtice, you will be the grand
and publick diſturber of the peace,
ſurely this is contrary to your Of<g ref="char:EOLhyphen"/>fice
and your Truſt. Now Sir, if
it be an Office of Inheritance (as
you ſpeak of your Title by de<g ref="char:EOLhyphen"/>ſcent)
let all men underſtand, that
great Offices are ſeizable, and for<g ref="char:EOLhyphen"/>feitable,
as if you had it but for
a year, or for your life. It will
therefore much concern you to
take into your ſerious conſidera<g ref="char:EOLhyphen"/>tion,
your great miſcarriages in
this nature.</p>
                        <p>Truly Sir, I ſhall not in this
place undertake to give you the
particulars of the many miſcarri<g ref="char:EOLhyphen"/>ages
of your Reign, whatſoever
they have been, they are notori<g ref="char:EOLhyphen"/>ouſly
known. It had been happy
for the Kingdome, and for your
ſelf alſo, if they had not been ſo
<pb n="56" facs="tcp:45653:36"/>
much known, and ſo much felt, as
they are every where complained
on, and reported.</p>
                        <p>Sir, that we are now upon by the
command of the higheſt Court,
hath been and is to bring you to
your Triall, and to judge you for
theſe great offences of yours: Sir,
the Charge hath called you Ty<g ref="char:EOLhyphen"/>rant,
a Traytor, a Murtherer, and
a publike Enemy to the Common-wealth.
Sir, it had been well, if
theſe terms might rightly and juſt<g ref="char:EOLhyphen"/>ly
have been omitted; nay, if any
one of them all.</p>
                     </sp>
                     <sp>
                        <speaker>King,</speaker>
                        <p>Ha!</p>
                     </sp>
                     <sp>
                        <speaker>Preſident,</speaker>
                        <p>Truly, we have been
told, <hi>Rex eſt, qui bene regit, Tyran<g ref="char:EOLhyphen"/>nus
qui populum opprimit,</hi> and if that
be the definition of a Tyrant, then
ſee if you come ſhort of it in your
Actions, and whether not the
higheſt Tyrant by that way of ar<g ref="char:EOLhyphen"/>bitrary
Government, which you
ſought to introduce, and were put<g ref="char:EOLhyphen"/>ting
upon the people. Examine
with your ſelf, if that were not as
high an act of Tyranny, as any of
<pb n="57" facs="tcp:45653:36"/>
your predeceſſours were guilty of,
yea, many degrees beyond it.</p>
                        <p>Sir, the Term Traytor cannot
be ſpared, we ſhall eaſily conclude
that it doth enforce and denote a
breach of Truſt, and it muſt be ſup<g ref="char:EOLhyphen"/>poſed
to be done by a ſuperior, and
therefore as the people of <hi>England</hi>
might have incurred that term, if
they had been truly guilty of it, as
to the definition of the Law; ſo
on the other ſide, when you did
break you Truſt to the Kingdom,
you did break your Truſt to your
ſuperior; For the Kingdom is that
for which you were truſted; And
therefore when you are called to
an account for this breach of truſt,
you are called to account by your
ſuperior. <hi>Minimus Majorem in judi<g ref="char:EOLhyphen"/>cium
vocat:</hi> And Sir, the people of
<hi>England</hi> cannot be ſo wanting to
themſelves, (whom God hath
dealt miraculouſly and gloriouſly
for) they having both power and
their great enemy in their hand,
but they muſt proceed to Juſtice to
themſelves and to you; For Sir,
<pb n="58" facs="tcp:45653:37"/>
the Court could heartily deſire
that you would lay your hand up<g ref="char:EOLhyphen"/>on
your heart, and conſider, what
you have done amiſs, and that you
would endeavour to make your
peace with God. Truly Sir, Theſe
are two high Crimes, Tyranny and
Treaſon. There is a third, if thoſe
had not been, and that is Murder,
which is laid to your charge alſo.
All the bloody murders that have
been committed ſince the Diviſion
twixt you and your people, muſt
be laid to your charge. Sir, It is
a hainous and a crying ſin, and
truly Sir, If any man will ask us
what puniſhment is due unto a
murtherer, let Gods Law, let mans
Law ſpeak. I will preſume you are
ſo well read in the holy Scripture,
as that you know God himſelf hath
ſaid concerning the ſhedding of
mans blood, <hi>Gen. 9.</hi> and <hi>Numb. 35.</hi>
will tell you what the puniſhment
is, and this Court in the behalf of
the Kingdome are ſenſible of that
innocent blood, that hath been
ſhed, and the Land indeed ſtands
<pb n="59" facs="tcp:45653:37"/>
ſtill defiled with that blood, and as
the Text hath it <hi>It can no way be
cleanſed, but by the ſhedding of the
blood of him who ſhed that blood.</hi> Sir,
We know no diſpenſation from
this blood in the Commandment,
<hi>Thou ſhalt do no Murther,</hi> we do not
know but that it extends to Kings
as well as to the meaneſt peaſants,
the meaneſt of the people, the
Command is univerſal. Sir,
Gods Law forbids it, mans Law
forbids it; nor do we know that
there is any manner of exception,
not even in mans Laws, for the
puniſhment of Murther in you.
Tis true, that in the Caſe of Kings,
every private hand is not to put
forth its ſelf to this work, for their
reformation or puniſhment; but
the people repreſented having
power in their hands (were there
but one willfull Act of murder by
you committed) have power to
convent you, and to puniſh you
for it.</p>
                        <p>The weight, Sir, then lying upon
you in all theſe reſpects, that have
<pb n="60" facs="tcp:45653:38"/>
been ſpoken, for your Tyranny,
Treaſon, Breach of truſt, and the
murders that have been commit<g ref="char:EOLhyphen"/>ted,
ſurely it would drive you into
a ſad conſideration concerning
your eternall eſtate: I know it can<g ref="char:EOLhyphen"/>not
be acceptable to you, to heare
any ſuch things as theſe mention<g ref="char:EOLhyphen"/>ed
from this Court, for ſo, do we
call our ſelves and juſtifie our ſelves
to be a Court, and a High Court
of Juſtice, authorized by the higheſt
and ſolemneſt Court of the King<g ref="char:EOLhyphen"/>dome,
as hath been often already
ſaid. And although you have in<g ref="char:EOLhyphen"/>deavoured,
what lay in you to diſ<g ref="char:EOLhyphen"/>court
us; yet we do take knowledge
of our ſelves to be ſuch a Court, as
can adminiſter juſtice to you, as
wee are bound in duty to it.</p>
                        <p>Sir, all I ſhall ſay, before the
reading of the Sentence, is but
this. The Court doth heartily de<g ref="char:EOLhyphen"/>ſire,
that you will ſeriouſly conſ<g ref="char:EOLhyphen"/>ider
of thoſe Evills, that you ſtand
guilty of. You ſaid well the other
day, you wiſhed us to have God
before our eyes. Truly Sir, I
<pb n="61" facs="tcp:45653:38"/>
hope all of us have ſo, that God
whom we acknowledge to be
King of Kings and Lord of Lords,
that God with whom there is no
reſpect of perſons; that God who
is the avenger of Innocent blood;
that God have we before our eyes,
that God who beſtowes a Curſe up<g ref="char:EOLhyphen"/>on
them, who is in the caſe of guilty
malefactors that deſerve death, do
withhold their hands from ſhed<g ref="char:EOLhyphen"/>ding
of blood: Sir, that God we
have before our eyes, and were it
not that the Conſcience of our
duty hath! called us into this place,
and this imployment, you ſhould
have had no appearance of a Court
here. But Sir, we muſt preferre
our reſpect unto God and to the
Kingdom, above any reſpects what<g ref="char:EOLhyphen"/>ſoever;
and although at this pre<g ref="char:EOLhyphen"/>ſent,
many of us, if not all of us,
are ſeverely threatned by ſome of
your party, what they intend to
do; yet wee do here declare, that
we ſhall not decline or forbear
the doing of our duty in the ad<g ref="char:EOLhyphen"/>miniſtration
of Juſtice, even to
<pb n="62" facs="tcp:45653:39"/>
your ſelfe; and that according to
the merit of your offence; although
God ſhould permit thoſe men to
effect all their bloody deſigns in
in hand againſt us. Sir, we will
ſay, and will declare it as thoſe
Children in the fiery furnace, who
refuſed to worſhip the Golden
Image, that <hi>Nabuchadonazer</hi> had
ſet up, That their God was able
to deliver them from the danger
they were neer unto; but if he did
not deliver them, yet they would
not fall down and worſhip the
golden Image. We ſhall make this
application of it. That though
we ſhould not be delivered from<g ref="char:punc">▪</g>
thoſe bloody hands &amp; hearts, who
conſpire the overthrow of the
Kingdom in generall, and of our
ſelves in particular, for being actors
in this great work of Juſtice; though
I ſay, we ſhould periſh in the work;
yet by the grace &amp; in the ſtrength
of God, we are reſolved to go on
with it. And thoſe are the intire
reſolutions of us all.</p>
                        <p>Sir, I ſay, for your ſelfe that we
<pb n="63" facs="tcp:45653:39"/>
do heartily wiſh and deſire that
God would be pleaſed to give you
a ſenſe of your ſins, that you may
ſee wherein you have done amiſſe,
and that you may cry unto him,
that God would deliver you from
bloody-guiltineſſe. A good King,
<hi>David</hi> by Name, was once guilty
of that particular guilt; he was
otherwiſe upright, ſaving in the
matter of <hi>
                              <g ref="char:V">Ʋ</g>riath.</hi> Truly Sir, the
Hiſtory doth repreſent unto us,
that he was a repentant King, and
he had died for his ſinne, but
that God was pleaſed to be indul<g ref="char:EOLhyphen"/>gent
to him, and to grant him his
pardon, <hi>Thou ſhalt not die</hi> (ſaith the
prophet) <hi>but the child ſhall die, Thou
haſt given cauſe to the Enemies of God
to blaſpheme.</hi>
                        </p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I would onely deſire to be heard
but one word, before you give ſentence,
and it is that (to ſatisfie the world when
I am dead) you would but heare me
concerning thoſe great Imputations
which you have laid unto my charge.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you muſt now give
me leave to proceed, for I am not
<pb n="64" facs="tcp:45653:40"/>
far from your Sentence, and your
time is now paſt.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I ſhall deſire you, that you
will take theſe few words into your con<g ref="char:EOLhyphen"/>ſideration;
For what ſoever ſentence you
ſhall pronounce againſt me in reſpect of
thoſe heavy imputations, which I finde
you have laid to my charge; yet Sir, It
is moſt true that—</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, I muſt put you in
minde, I muſt Sir, although at this
time, eſpecially, I would not wil<g ref="char:EOLhyphen"/>lingly
interrupt you in any thing
you have to ſay, which is proper
for us to admit; but Sir, you have
not owned us as a Court, and you
looke upon us, as a ſort of people
huddled together, and we know
not what uncivill language we re<g ref="char:EOLhyphen"/>ceive
from your party.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I know nothing of that.</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>You diſavow us as a
Court, and therefore for you to
addreſſe your ſelfe to us, whom you
do not acknowledge to be a Court,
for us (I ſay) to judge what you
ſhall ſpeake is not to be permitted;
and the truth is all along from the
<pb n="65" facs="tcp:45653:40"/>
to diſavow and diſown us; The
Court needed not to have heard
you one word; for unleſs they
be acknowledged a Court and in<g ref="char:EOLhyphen"/>gaged,
it is not proper for you to
ſpeak.</p>
                        <p>Sir, We have given you too large
an indulgence of time already,
and admitted ſo much delay,
that we may not admit of any
more. If it were proper for us, we
ſhould heare you very freely, not
decline to hear the moſt that you<g ref="char:punc">▪</g>
could ſpeake to the greateſt ad<g ref="char:EOLhyphen"/>vantage
for your ſelf, whether it
were totall, or but in part, excu<g ref="char:EOLhyphen"/>ſing
thoſe great and hainous char<g ref="char:EOLhyphen"/>ges
which are laid upon you. But
I ſhall trouble you no longer, your
ſins are of ſo large a demenſion,
that if you do but ſeriouſly think
of them, they will drive you into
a ſad conſideration; and we wiſh
that they may improve in you a ſad
and ſerious repentance. And it
is the deſire of the Court, that
you may be ſo penitent for what
you have done amiſſe, that God
<pb n="66" facs="tcp:45653:41"/>
may at leaſt, have mercy on your
better part. As for the other, it is
our part and duties to doe that
which the law preſcribeth, we are
not now here <hi>jus dare,</hi> but <hi>jus dicere;</hi>
we cannot be unmindfull of what
the word of God tels us, To ac<g ref="char:EOLhyphen"/>quit
the guilty, is of an equall
abomination, as to condemn the
Innocent; we may not acquit the
guilty: What ſentence the law pro<g ref="char:EOLhyphen"/>nounceth
to a traytor, a tyrant, a
murtherer, and a publike enemy
to the Country, that ſentence
you are now to hear read unto you,
and that is the Sentence of the
Court.</p>
                        <p>Hereupon the Lord <hi>Preſident</hi>
commanded the Sentence to be
read; whereupon M. <hi>King,</hi> who
was Cryer of the Court, having
commanded ſilence by his <hi>Oyes,</hi>
the Clerke read the ſentence, which
was drawn up in Parchment, and
did run in theſe words.</p>
                        <p>Whereas the Commons of <hi>England</hi>
in Parliament had appointed them an
High Court of Juſtice for the tryall of
<pb n="67" facs="tcp:45653:41"/>
                           <hi>Charls Stuart</hi> King of <hi>England,</hi> be<g ref="char:EOLhyphen"/>fore
whom he had been three times con<g ref="char:EOLhyphen"/>vented,
and at the firſt time, a Charge
of High Treaſon and other Crimes and
Miſdemeanors was read in the be halfe
of the Kingdome of <hi>England; which
Charge followeth in theſe words.</hi>
                        </p>
                        <p>This Charge being read (ſaid
the Clerk) <hi>Charls Stuard</hi> was re<g ref="char:EOLhyphen"/>quired
to give his anſwer, which
he refuſed to do, but expreſſed
theſe paſſages and many more ſuch
as theſe are, in refuſing to an<g ref="char:EOLhyphen"/>ſwer.</p>
                        <p>The Clerk (having repeated many
paſſages, during the time of his
triall, in which the King ſhewed
an averſeneſſe to acknowledge
the Court) did proceed to read
the Sentence, which was in theſe
words</p>
                        <p>For all which Treaſons and Crimes,
this Court doth adjudge that the ſaid
<hi>Charls Stuart</hi> as a Tyrant, Traytor,
Murtherer, and a publike Enemy, ſhall
be put to death by ſevering his Head
from his Body.</p>
                        <p>The Sentence being read, the
<pb n="68" facs="tcp:45653:42"/>
Lord Preſident ſaid; This Sentence
now read and publiſhed is the Act,
Sentence, Judgement, and reſo<g ref="char:EOLhyphen"/>lution
of the whole Court.</p>
                        <p>Hereupon, the Court ſtood up,
as aſſenting to what the Preſident
ſaid.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>Will you hear me one word
Sir!</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>Sir, you are not to be
heard after the Sentence.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>No Sir!</p>
                     </sp>
                     <sp>
                        <speaker>Preſident.</speaker>
                        <p>
                           <hi>No</hi> Sir, by your fa<g ref="char:EOLhyphen"/>vour
Sir,—Guard withdraw
your Priſoner.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I may ſpeak after the ſen<g ref="char:EOLhyphen"/>tence
—By your favour Sir, I may
ſpeak after Sentence ever. The Guard
drawing to him, he ſaid unto them; by
your favour hold: and turning to the Pre<g ref="char:EOLhyphen"/>ſident,
he ſaid; the Sentence Sir,—
I ſay Sir I do—but being not permitted
to proceed, he ſaid I am not ſuffered
to ſpeak, expect what Juſtice other
people will have.</p>
                     </sp>
                     <sp>
                        <speaker>Cryer.</speaker>
                        <p>All manner of perſons,
that have any thing elſe to do, are
to depart at this time, and to give
<pb n="69" facs="tcp:45653:42"/>
their attendance in the Painted
Chamber, to which place this
Court doth forthwith adjourn it
ſelf.</p>
                        <p>Then the Court aroſe, and the
Kings guard did bring him to Sir
<hi>Rohert Cottons</hi> houſe, and he was
afterwards conducted to Saint
<hi>Jameſes.</hi>
                        </p>
                     </sp>
                  </div>
                  <div type="depositions">
                     <pb n="70" facs="tcp:45653:43"/>
                     <head>The ſeverall Depoſi<g ref="char:EOLhyphen"/>tions
of the pre<g ref="char:EOLhyphen"/>tended
Witneſſes,
as it is in their
Book printed in
French.</head>
                     <div type="deposition">
                        <head>William Cuthbert of Patrington in
Holdernes Gentleman,</head>
                        <p>HAth depoſed upon Oath, that be<g ref="char:EOLhyphen"/>ing
at <hi>Hull</hi>-bridge nigh <hi>Bever<g ref="char:EOLhyphen"/>ly,</hi>
he diſcovered in <hi>July 1642.</hi> that
there were levied about three hundred
footmen under the command of <hi>Robert
Strickland,</hi> for the Kings guard; and
<pb n="71" facs="tcp:45653:43"/>
that about the ſecond of the ſaid Month,
which was Sunday, he ſaw about four
or five of the clock in the evening, a
Troop of Horſe called the Princes Troop,
enter <hi>Beverly,</hi> at which time <hi>James
Nelthorp</hi> was Mayor of the Town;
and that he ſaw the ſame day this Troop
march from <hi>Beverly</hi> to <hi>Holdernes,</hi>
where he ſaw ammunition diſtributed to
them, which were brought for them
from about <hi>Humber.</hi> Moreover the
ſame, upon depoſition, ſaid, that the ſame
Sunday night there arrived at the gate
of his houſe, called the Bridge of <hi>Hull</hi>
nigh <hi>Berverly,</hi> about three hundred
footmen, that ſaid they were the Regi<g ref="char:EOLhyphen"/>ment
of Sir <hi>Robert Strickland,</hi> un<g ref="char:EOLhyphen"/>der
the command of Lieutenant Col.
<hi>Duncomb,</hi> and were called the Kings
guard, who forced open his door, and
took poſſeſſion of his houſe, and that the
ſame night my Lord <hi>Newport</hi> and my
Lord <hi>Carnarvan</hi> came to theſe ſouldi<g ref="char:EOLhyphen"/>ers,
with divers others, at which time the
Deponent was informed that Sir <hi>Tho<g ref="char:EOLhyphen"/>mas
Gower</hi> Sheriff of that County,
was preſent at this rendezvous and had
left order and expreſse command to ſtop
<pb n="72" facs="tcp:45653:44"/>
all Proviſions from thoſe quarters, and
that none ſhould be carried to Sir <hi>J. Ho<g ref="char:EOLhyphen"/>tham</hi>
Governour of <hi>Hull</hi> for the Par<g ref="char:EOLhyphen"/>liament,
which Order was put into the
hands of the Deponent, being then Con<g ref="char:EOLhyphen"/>ſtable
of that Pariſh, for the ſaid Lieu<g ref="char:EOLhyphen"/>tenant
Colonel <hi>Duncombe.</hi> The ſaid
<hi>William Cutbert</hi> has depoſed in pro<g ref="char:EOLhyphen"/>ceſſe,
that he was driven out of his
houſe by the ſoldiers, and was forced to
retire to <hi>Beverly</hi> with his Family: and
that afterward, to wit, Thurſday next, as
much as he can remember, he ſaw the
King come to <hi>Beverly,</hi> and go into my
Lady <hi>Gees</hi> houſes in which he ſaw him
ſeverall times with Prince <hi>Charls,</hi> and
the Duke of <hi>York:</hi> and that the Mi<g ref="char:EOLhyphen"/>litia
was raiſed in <hi>Holdernes,</hi> in the
name and by the command of the King,
and he publiſhed himſelf every where. He
hath farther depoſed, that the night fol<g ref="char:EOLhyphen"/>lowing,
theſe ſoldiers that had ſeized upon
his houſe, as was ſaid, which was the
firſt act of hoſtility that was committed
in thoſe parts, they plundred alſo the
Houſe of Colonel <hi>Ledgeers;</hi> and that
after this regiment of Colonel <hi>Strick<g ref="char:EOLhyphen"/>land</hi>
was gone from the Bridge of <hi>Hull,</hi>
                           <pb n="73" facs="tcp:45653:44"/>
where it had quartered ten days, Colonel
<hi>Wynewell</hi> ſeized upon it alſo with ſeven
huudred foot, that lodg'd there. <hi>Item</hi>
he depoſed, that the Order which he
ſhewed the Court, is the originall of
which we have ſpoken. As alſo that
my Lord <hi>Lindſey</hi> was made Generall
of thoſe Forces, and of thoſe that were
then levied, and that he was brought
before him upon report that he held in<g ref="char:EOLhyphen"/>telligence
with Sir <hi>J. Hotham</hi> Gover<g ref="char:EOLhyphen"/>nour
of <hi>Hull,</hi> and that notice being
given to the ſaid General, that the De<g ref="char:EOLhyphen"/>ponent
had proviſions of corn to ſend in<g ref="char:EOLhyphen"/>to
<hi>Ireland,</hi> he was prohibited to have
them tranſported, or carried to any
other place without the Kings command
or the ſaid Generals.</p>
                     </div>
                     <div type="deposition">
                        <head>John Bennet in the County of York,
Glover.</head>
                        <p>HAving born arms on the Kings
ſide, from the firſt day that he
erected his Standard at <hi>Nottingham,</hi>
ſix years ſince, being examined upon
<pb n="74" facs="tcp:45653:45"/>
Oath, hath depoſed, that working at
his own Trade at <hi>Nottingham,</hi> he
had ſeen the King two or three times
after his great Standard of War was
erected, and at the ſame time that it was
diſplayd from the higheſt Tower of the
Caſtle; and alſo that he heard that the
King was preſent the firſt day and the
firſt time it was erected: He ſaid far<g ref="char:EOLhyphen"/>ther
that he then received his livery, and
that Sir <hi>William Pennyman</hi> gave
cloth at that time to the Regiment of
which he was, and the ſaid Knight was
Colonel of it, and that cloth was alſo
given to the Regiment of my Lord <hi>Lind<g ref="char:EOLhyphen"/>ſey,</hi>
who was alſo then proclaimed then
General of the Army at the head of every
Regiment; where the King alſo cauſed
to be publiſhed, that thoſe forces ſhould
fight againſt all thoſe that ſhould fol<g ref="char:EOLhyphen"/>low
his party, particularly againſt the
Earl of <hi>Eſſex,</hi> Generall of the Par<g ref="char:EOLhyphen"/>liaments
Army, againſt my Lord
<hi>Brooks,</hi> and divers other Officers of
that party; all who were declared
Traitors by printed proclamations, which
were diſperſed at the ſame time through
all Regiments by their Officers. To
<pb n="75" facs="tcp:45653:45"/>
which he alſo added, that he had often
ſeen the King in <hi>Nottingham</hi> at the
time that his forces quarter'd there,
which was about a Moneth, that the
Drum was beaten over all the Country
to raiſe men for the King, and that ma<g ref="char:EOLhyphen"/>ny
were liſted, partly willing and partly
forced<g ref="char:punc">▪</g> for fear of being plundred, as
among the reſt was the Deponent, the
ſaid Sir <hi>William <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>enniman</hi> cryng out
aloud, that it would be well done to ſet
the Town on fire, the Citizens ſhewing
themſelves ſo backward to take up arms
for their Kings ſervice. He did far<g ref="char:EOLhyphen"/>ther
depoſe, that about the Month of
<hi>October, <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>642.</hi> he ſaw the King on
horſeback at <hi>Edge</hi>-hill in <hi>Warwick</hi>-ſhire,
looking on his Army in battail,
and heard him command all the Colo<g ref="char:EOLhyphen"/>nells
and Officers, that paſſed before him
to encourage their ſoldiers, exhort and
animate them to fight againſt my Lord of
<hi>Eſſex,</hi> my Lord <hi>Brooks,</hi> Sir <hi>William
Waller,</hi> and Sir <hi>William Belford,</hi>
and that after this firſt fight, he ſaw in
the field a great number of dead bodies,
of which, he ſaw a liſt brought after<g ref="char:EOLhyphen"/>ward
to the King at <hi>Oxford,</hi> which
<pb n="76" facs="tcp:45653:46"/>
they ſaid came to the number of
6559. The Deponent hath alſo teſti<g ref="char:EOLhyphen"/>fied
that about the Moneth of <hi>Novem<g ref="char:EOLhyphen"/>ber</hi>
following, he ſaw the King at the
head of his Army upon <hi>Hownſlo</hi>-heath
in the County of <hi>Middleſex,</hi>
with Prince <hi>Robert</hi> by him, and heard
him encourage divers Regiments of
th<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>ſe that were levied in <hi>Wales,</hi> which
had been at the battail of <hi>Edge</hi>-Hill,
ſaying to them, he hoped they would re<g ref="char:EOLhyphen"/>gain
at <hi>Brainford</hi> the honour they loſt
at <hi>Edge</hi>-Hill.</p>
                     </div>
                     <div type="deposition">
                        <head>William Brayne Gentleman of Wixe<g ref="char:EOLhyphen"/>hall
in the County of Salop.</head>
                        <p>HAth depoſed upon Oath, that
in <hi>Auguſt 1642.</hi> he ſaw
the King in <hi>Nottingham</hi> at the time
when his Royal Standard was there
erected and diſplaid, and that about that
time he marched with the Army in
which the King was, from thence to
<hi>Darby,</hi> and that being ſuſpected in
<hi>September</hi> for a ſpy he was examined
<pb n="77" facs="tcp:45653:46"/>
before Sir <hi>Robert Heath,</hi> and divers
other Commiſſioners at <hi>Shrewsbury,</hi>
where the King was in perſon.</p>
                     </div>
                     <div type="deposition">
                        <head>Henry Hartford of Stafford upon A<g ref="char:EOLhyphen"/>von
in Warwick-ſhire.</head>
                        <p>HAs alſo given in upon Oath, that
in the year 1642. he ſaw the King
at the Caſtle of <hi>Nottingham,</hi> when his
great Standard was planted and diſplay<g ref="char:EOLhyphen"/>ed
upon a Tower of the Caſtle, and more<g ref="char:EOLhyphen"/>over
that about <hi>November,</hi> he ſaw the
King at <hi>Brainford</hi> being a horſe-backe
with great number of War-Officers on a
Sunday morning, immediately after that
<hi>Satturday</hi> night, in which great num<g ref="char:EOLhyphen"/>ber
of the Parliaments people had been
killed thereabout.</p>
                     </div>
                     <div type="deposition">
                        <pb n="78" facs="tcp:45653:47"/>
                        <head>Robert Large, Painter of the Town
and County of Nottingham.</head>
                        <p>HAs depoſed upon Oath, that in the
ſummer of 1642. he painted, by
command of my Lord <hi>
                              <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>e<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>mant,</hi> the
great Standard of War, that was plan<g ref="char:EOLhyphen"/>ted
upon the high Tower of the Caſtle of
<hi>Nottingham,</hi> and that he often ſaw the
King thereabout, at the ſame time that
his Standard was erected and diſplayed.</p>
                     </div>
                     <div type="deposition">
                        <head>Edward Robert of Biſhops Caſtle, in
the County of Salop.</head>
                        <p>BEing alſo examined upon his Oath,
has depoſed that he ſaw the King in
<hi>Nottingham</hi> whileſt his great ſtandard
was planted and diſplayed upon a Tower
of the Caſtle, and that he ſaw the King
march at the head of his Army from
<hi>Shrewsbury</hi> to <hi>Edge-hill,</hi> being in the
Reer-gard upon the Field, where the
<pb n="79" facs="tcp:45653:47"/>
battle was fought, and that alſo he ſaw
him on <hi>Sunday</hi> at <hi>Brainford</hi> after the
combat of <hi>Saturday-night</hi> precedent.</p>
                     </div>
                     <div type="deposition">
                        <head>John Penninger of Hayner in Dar<g ref="char:EOLhyphen"/>by-ſhire.</head>
                        <p>BEing examined upon Oath, hath te<g ref="char:EOLhyphen"/>ſtified,
that about <hi>Auguſt 1642.</hi>
he ſaw the great ſtandard of War diſ<g ref="char:EOLhyphen"/>played
upon one of the Towers of <hi>Not<g ref="char:EOLhyphen"/>tingham</hi>
Caſtle, that the ſame day he
alſo ſaw the King in <hi>Thurland-houſe,</hi>
belonging to the Earle of <hi>Clare</hi> at <hi>Not<g ref="char:EOLhyphen"/>tingham,</hi>
with Prince <hi>Robert,</hi> Sir
<hi>Kelam Digby,</hi> and divers other Lords,
and people of other condition, and that
the King had then Canons in the Town,
that was full of Souldiers.</p>
                     </div>
                     <div type="deposition">
                        <pb n="80" facs="tcp:45653:48"/>
                        <head>Samuel Lawſon Brewer of Notting<g ref="char:EOLhyphen"/>ham.</head>
                        <p>HAs depoſed upon Oath, that about
<hi>Auguſt 1642.</hi> he ſaw the great ſtan<g ref="char:EOLhyphen"/>dard
of War, brought down from the
Caſtle of <hi>Nottingham</hi> by divers perſons
of quality to the next Hill, a Herald
at Arms marching before them, that the
ſaid ſtandard was planted upon that hill
with great cryes and acclamations, with
the ſound of the Trumpet and Drums,
that alſo, preſently after, there was pub<g ref="char:EOLhyphen"/>liſhed
a Command from the King, who
was there in perſon to ſee his ſtandard
Erected, adding moreover that the town
was full of ſouldiers; And that when
the King left the town with the ſouldiers,
the Inhabitants were forced to pay a
great ſumme of money to his Army, that
threatned them plunder, if they refuſed
it.</p>
                     </div>
                     <div type="deposition">
                        <pb n="81" facs="tcp:45653:48"/>
                        <head>Thomas Whittington, Shoomaker of
Nottingham, hath depoſed upon
Oath.</head>
                        <p>THat he ſaw the King in the ſaid
Town the ſame day, that his great
ſtandard of War was raiſed on the Caſtle
about the beginning of <hi>Auguſt 1642.</hi>
and that the King tooke his journey from
<hi>Thurland</hi>-houſe towards the ſaid Ca<g ref="char:EOLhyphen"/>ſtle,
and that he ſaw him ſeverall times
in <hi>Nottingham,</hi> which was full of ſoul<g ref="char:EOLhyphen"/>diers,
who ſaid they were of the Kings
army, the great ſtandard being then
diſplayed upon the old tower of the Ca<g ref="char:EOLhyphen"/>ſtle.</p>
                     </div>
                     <div type="deposition">
                        <head>Robert Loads of Cottam in Nottingham<g ref="char:EOLhyphen"/>ſhire,
affirmed upon Oath.</head>
                        <p>THat about <hi>October 1642.</hi> he ſaw
the King in the reere-guard of his
Army at <hi>Kinton</hi> field on a Sunday, a<g ref="char:EOLhyphen"/>bout
which place, he ſaw divers dead bo<g ref="char:EOLhyphen"/>dies
<pb n="82" facs="tcp:45653:49"/>
on both ſides. That moreover he
ſaw the King in his Army in <hi>Cornwall</hi>
nigh my Lord <hi>Moon's</hi> houſe, in the year,
1644.</p>
                     </div>
                     <div type="deposition">
                        <head>Samuel Morgan Haberdaſher of Wel<g ref="char:EOLhyphen"/>lington,
in the County of Salop, de<g ref="char:EOLhyphen"/>poſed
upon Oath.</head>
                        <p>THat he ſaw the King on Sunday mor<g ref="char:EOLhyphen"/>ning
in the field at <hi>Kinton</hi> upon the
higheſt point of <hi>Edgehill,</hi> at the head of
his Army about two hours before the bat<g ref="char:EOLhyphen"/>tail
began, which was after <hi>Michelmas
1642.</hi> And that afterward he ſaw at
the ſame place a very great number of
dead bodies on both ſides; and farther
that in 1644. he ſaw the King in his
army, neere <hi>Cropredy</hi> bridge, put his
own men in battaile array.</p>
                     </div>
                     <div type="deposition">
                        <pb n="83" facs="tcp:45653:49"/>
                        <head>James Williams Shoomaker of Roſſe
in Herefordſhire, depoſed upon
Oath.</head>
                        <p>THat about <hi>October, 1642</hi> he ſaw
the King in <hi>Kinton</hi>-field upon the
Hill, having his ſword drawn in his
hand, when and where a great battel
was fought, and many kill'd on both ſides.
Moreover that he ſaw the King at
<hi>Brainfor<gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>
                              <g ref="char:punc">▪</g>
                           </hi> on a Sunday before mid day
in <hi>November</hi> the ſame year, whilſt his
army was all in and about the town.</p>
                     </div>
                     <div type="deposition">
                        <head>Arthur Young Chyrurgion and Bur<g ref="char:EOLhyphen"/>geſs
of London, being examined
upon Oath teſtified.</head>
                        <p>THat being in the Battel of <hi>Edge</hi>-hill
that was faught between the
Army of the King, and that of the Par<g ref="char:EOLhyphen"/>liament,
in <hi>October, 1642.</hi> he ſaw the
great Standard brought and diſplayed
<pb n="84" facs="tcp:45653:50"/>
in the Kings Army, which being taken
in the fight, it was regained by one <hi>Mid<g ref="char:EOLhyphen"/>dleton,</hi>
whom the King preſently made
Colonel.</p>
                     </div>
                     <div type="deposition">
                        <head>John Thomas Labourer in Langellen
in the County of Denbigh, depoſed
upon Oath.</head>
                        <p>THat he ſaw the King at <hi>Brainford</hi>
in the County of <hi>Middleſex,</hi> on a
Saturday a little after the battle of
<hi>Edge</hi>-hill, being followed by a good num<g ref="char:EOLhyphen"/>ber
of horſe and foot, and being himſelf
armed a horſeback, and heard him ſay
to his people, paſſing through the towne,
Gentlemen, you loſt your honour at <hi>Edge-hill,
I</hi> hope you will recover it here, and
before the King had ended his ſpeech the
two Parties began to ſkirmiſh and en<g ref="char:EOLhyphen"/>gaged
ſo far that many were killd on both
ſides.</p>
                     </div>
                     <div type="deposition">
                        <pb n="85" facs="tcp:45653:50"/>
                        <head>Richard Blomefield Merchant, Draper
and Citizen of London, depoſed
upon Oath.</head>
                        <p>THat he was preſent at the rout of the
Earle of <hi>Eſſex</hi> his Army in <hi>Corn<g ref="char:EOLhyphen"/>wall</hi>
about the end of <hi>Auguſt</hi> or at the
beginning of <hi>September, 1644.</hi> where
he ſaw the King on horſeback at the head
of his army, and that he ſaw divers ſoul<g ref="char:EOLhyphen"/>diers
of the Parliaments, many plundred
and diſmantled hard by the Kings perſon
againſt the conditions and Articles agre<g ref="char:EOLhyphen"/>ed
upon.</p>
                     </div>
                     <div type="deposition">
                        <pb n="86" facs="tcp:45653:51"/>
                        <head>William Jones Laborour of <g ref="char:V">Ʋ</g>ſke in
Monmouth-ſhire affirmed upon
Oath.</head>
                        <p>THat he ſaw the King coming from
<hi>Wards Harbrough,</hi> and march<g ref="char:EOLhyphen"/>ing
at the end of his Army towards <hi>Naſe<g ref="char:EOLhyphen"/>by</hi>
where the battle was fought a little
after, and that the King being advan<g ref="char:EOLhyphen"/>ced
towards the Regiment of Co<g ref="char:EOLhyphen"/>lonel
t. <hi>George,</hi> he asked of the Offi<g ref="char:EOLhyphen"/>cers
and ſouldiers, if they were not reſol<g ref="char:EOLhyphen"/>ved
to fight for him, and that upon it,
they cryed out with great acclamations,
that they were ready to fight. Moreover,
the Deponent ſaid, that he ſaw the King
with his forces in <hi>Leiceſter,</hi> the ſame day
that it was taken by the Parliament. As
likewiſe that he ſaw him in his Army at
the ſiege of <hi>Gloceſter.</hi>
                        </p>
                     </div>
                     <div type="deposition">
                        <pb n="87" facs="tcp:45653:51"/>
                        <head>Humphrey Brown of Witſunday
in Rutlandſhire.</head>
                        <p>HAs depoſed that wh<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>n <hi>Leiceſter</hi> was
taken by the Kings, Army, about
<hi>June <gap reason="illegible" resp="#TECH" extent="1 letter">
                                 <desc>•</desc>
                              </gap>645.</hi> the Fort of <hi>Newark</hi> be<g ref="char:EOLhyphen"/>ing
rendred upon Compoſition and con<g ref="char:EOLhyphen"/>dition,
that thoſe that went forth ſhould
carry their bagage with freedom, without
any violence to be offered, as ſoon as the
place was rendred, notwithſtanding this
capitulation and againſt the Articles,
the Kings ſouldiers fell upon them, plun<g ref="char:EOLhyphen"/>dered
them, and beat and wounded ma<g ref="char:EOLhyphen"/>ny
of them: And that one of their Officers
taxing them with their ill uſage of theſe
poore people againſt the law of Arms, the
deponent heard the King reply (who was
there in perſon with his ſword drawn at
the head of his Army) that he would ſee
they ſhould uſe them worſe, being his ene<g ref="char:EOLhyphen"/>mies.</p>
                     </div>
                     <div type="deposition">
                        <pb n="88" facs="tcp:45653:52"/>
                        <head>David Evans Marſhall of Aburgeny
in Monmouthſhire, teſtified:</head>
                        <p>THat about half an houre before
<hi>Naſeby</hi> fight, which was at Mid<g ref="char:EOLhyphen"/>ſummer
<hi>June 1645.</hi> he ſaw the King
marching himſelf in battaile at the head
of his Army, half a mile from the place
of the fight.</p>
                     </div>
                     <div type="deposition">
                        <head>Diogenes Edwards Butcher of Car<g ref="char:EOLhyphen"/>ſton
in the County of Salop.</head>
                        <p>AFfirmed that at the ſame time, he
ſaw the King a mile and a half
from the Camp, marching in battaile
aray, at the head of his Army, about an
houre and half before the ſaid battaile
was fought, and that the ſame day, he
ſaw afterwards many bodies dead upon
the place.</p>
                     </div>
                     <div type="deposition">
                        <pb n="89" facs="tcp:45653:52"/>
                        <head>Giles Grice of Wellington in Shrop<g ref="char:EOLhyphen"/>ſhire,
Gentleman.</head>
                        <p>DId depoſe, that he ſaw the King at
the head of his Army at <hi>Cropre<g ref="char:EOLhyphen"/>die</hi>
Bridge with his ſword drawn in his
hand, the ſame day that there was a bat<g ref="char:EOLhyphen"/>tail
fought againſt Sr. <hi>William Waller</hi>'s
Army, which was on a <hi>Friday, 1644.</hi>
about <hi>July,</hi> as much as he could call to
minde. That he ſaw him alſo at the head
of his Army the ſame ſummer nigh
<hi>Lietchfield</hi> at the ſame time that the
Earle of <hi>Eſſex</hi> was there with his Army.
Alſo that he ſaw the King at the head of
his men in the ſecond fight at <hi>Newbery.</hi>
And that he ſaw him Arm'd back and
breſt, at the head of his Army at <hi>Naſeby.</hi>
The ſame did teſtifie, that he ſaw him at
the head of his Army, at the taking of
<hi>Leiceſter,</hi> at the ſame time that an aſ<g ref="char:EOLhyphen"/>ſault
was given, and after enter'd the
place on horſeback after it was taken, and
that he ſaw many men kill'd on both ſides,
and many houſes were pillaged in the ſaid
Town.</p>
                     </div>
                     <div type="deposition">
                        <pb n="90" facs="tcp:45653:53"/>
                        <head>John Vinſon of Damorham in Wilt<g ref="char:EOLhyphen"/>ſhire
Gentleman, affirmed.</head>
                        <p>THat he ſaw the King at the head
of his Army, at the firſt <hi>Newbery</hi>
battaile about <hi>September 1643.</hi> and
many people dead on both ſides,</p>
                        <p>The ſame hath alſo depoſed, that he ſaw
the King at the head of his Army, armed
<hi>Capape</hi> with his ſword drawn in his
hand in the ſecond fight at <hi>Newberry,</hi>
about <hi>Octob. 1644.</hi> at what time he ſaw
him draw up the Regiment of Horſe, of
Colonel <hi>Tho. Howard</hi> to a Charge,
and that he heard him make a ſpeech to
that Regiment, ſaying, that they were
to make good to him that day, that his
Crown was at the point of his Sword,
and if he loſt that Battail, he loſt his
honour and his Crown for ever, and
that after he ſaw great number of dead
men killd in that fight on both ſides.</p>
                        <p>The ſame alſo teſtified, that he ſaw
the King in the battail at <hi>Naſeby</hi> in
<hi>Northamptonſhire,</hi> about <hi>June,</hi>
                           <pb n="91" facs="tcp:45653:53"/>
1645. being armed, with his Head<g ref="char:EOLhyphen"/>piece
on, his word drawn in his hand,
where perceiving his people in flight, he
himſelf made the horſe to rally and ſtaid
them, at what time he alſo ſaw many
dead bodies on both ſides.</p>
                     </div>
                     <div type="deposition">
                        <head>George Seeley of London, Shoomaker,
depoſed,</head>
                        <p>THat he ſaw the King at the ſiege of
<hi>Gloceſter,</hi> at the head of a Bri<g ref="char:EOLhyphen"/>gade
of horſe, and that he ſaw him
at the firſt fight of <hi>Newberry,</hi> about
<hi>September, 1643,</hi> being at the head
of a Regiment of horſe, and that many
were killed on both ſides in this fight.
To which he added, that he alſo ſaw the
King in the midſt of his Army in the ſe<g ref="char:EOLhyphen"/>cond
<hi>Newberry</hi> fight about <hi>Novem<g ref="char:EOLhyphen"/>ber,
1644.</hi>
                        </p>
                     </div>
                     <div type="deposition">
                        <pb n="92" facs="tcp:45653:54"/>
                        <head>John Moor of Cork in Ireland, Gentle<g ref="char:EOLhyphen"/>man,
did depoſe,</head>
                        <p>THat in the Battel at <hi>Newberry</hi> ſe<g ref="char:EOLhyphen"/>cond
fight, in the ſame month, he ſaw
the King in the middle of his horſe, with
his ſword drawn, that afterwards he
ſaw many killed on both ſides in this
fight, and that he ſaw him enter on
horſe-back in the head of a Brigade of
horſe into <hi>Leiceſter,</hi> the ſame day that
it was taken by his men, about <hi>June,
1645.</hi> he alſo added, that he ſaw the
King in the midſt of a Regiment of
horſe at <hi>Copredibridge</hi> before <hi>Lei<g ref="char:EOLhyphen"/>ceſter</hi>
fight, and ſaw the fields covered
with dead men, killed in that fight,
where the King was in perſon, that he
ſaw him alſo at the head of a Regiment
of horſe in Naſeby fight, about <hi>June
1645.</hi> and that there was alſo many
killed and wounded.</p>
                     </div>
                     <div type="deposition">
                        <pb n="93" facs="tcp:45653:54"/>
                        <head>Thomas Grees of Boyſet in Northamp<g ref="char:EOLhyphen"/>tonſhire,
Labourer, did teſtifie,</head>
                        <p>THat he ſaw the King at the firſt
<hi>Newbury</hi> fight in <hi>Bark</hi>-ſhire,
<hi>September, 1643,</hi> and that he there
ſaw many dead bodies, having himſelf
received orders amongſt others, to ſtop the
Parliaments forces till their dead men
were taken away; that he alſo ſaw the
King marching with his Army towards
<hi>Naſeby</hi> field, immediatly before
the fight about <hi>June, 1645.</hi> and
that his Army being routed, he ſaw him
make a retreat with a Brigado of horſe,
and that a great number were killed on
both ſides in this fight.</p>
                     </div>
                     <div type="deposition">
                        <pb n="94" facs="tcp:45653:55"/>
                        <head>Thomas Rollins of Hanſlop, in Euek<g ref="char:EOLhyphen"/>ingham-ſhire
Gentleman, did
depoſe,</head>
                        <p>THat he ſaw the King nigh <hi>Foy</hi> in
<hi>Cornwall,</hi> about <hi>July 1644.</hi> at
the head of a brigade of horſe, and
that he ſaw ſome Parliament-ſouldiers
pilledged nigh the Kings perſon, con<g ref="char:EOLhyphen"/>trary
to the Articles agreed upon on both
ſides.</p>
                     </div>
                     <div type="deposition">
                        <head>Thomas Read of Maidſtone in Kent,
Gentleman,</head>
                        <p>AFfirmed upon Oath, that preſently
after the Parliaments Army had
rendred it ſelf in <hi>Cornwall</hi> upon com<g ref="char:EOLhyphen"/>poſition,
he ſaw the King at the head of
a guard of horſe, between <hi>Leſtithiel</hi>
and <hi>Foy,</hi> about the end of <hi>Auguſt,</hi>
or the beginning of <hi>September 1644.</hi>
                        </p>
                     </div>
                     <div type="deposition">
                        <pb n="95" facs="tcp:45653:55"/>
                        <head>James Grosby of Dublin in Ireland,
did depoſe,</head>
                        <p>THat at the firſt <hi>Newbury</hi> fight
about harveſt time, 16<gap reason="illegible" resp="#TECH" extent="1 letter">
                              <desc>•</desc>
                           </gap>3 he ſaw
the King coming on horſeback from
<hi>Newbury,</hi> accompanied with abun<g ref="char:EOLhyphen"/>dance
of great Lords and Noble men,
and going towards the place where his
forces were engaged to the Parliaments
Army;</p>
                     </div>
                     <div type="deposition">
                        <head>Samuel Burden of Lyneham in Wilt<g ref="char:EOLhyphen"/>ſhire,
Gentleman, teſtified,</head>
                        <p>THat he was at <hi>Nottingham,</hi> about
<hi>Auguſt 1642.</hi> at what time he ſaw
the great Standard diſplayd upon one
of the Towers of the Caſtle, and that the
next day he ſaw the King, whilſt his
Standard, as they call it, was diſplayd,
moreover that he ſaw the King at the
head of his Army near <hi>Copredy</hi>-bridge
<pb n="96" facs="tcp:45653:56"/>
in a ſtubble field, being in pur<g ref="char:EOLhyphen"/>ſuit
of Sir <hi>William Wallers</hi> forces, who
was routed about <hi>July 1644.</hi> and that
be ſaw at that time great numbers of
dead men in the field; he teſtified far<g ref="char:EOLhyphen"/>ther,
that towards <hi>November</hi> follow<g ref="char:EOLhyphen"/>ing,
he ſaw the King in the laſt <hi>New<g ref="char:EOLhyphen"/>berry</hi>
fight, galloping up and down
from Regiment to Regiment, whilſt his
Army was engaged with that of the
Parliament, and that he ſaw afterwards
great numbers of men killed, fighting on
both ſides.</p>
                     </div>
                     <div type="deposition">
                        <head>Michael Potts of Sharpeton in Nor<g ref="char:EOLhyphen"/>thamberland,
Vintner, depoſed,</head>
                        <p>THat he ſaw the King at the head of
of his Army, in a field about a mile
and an half diſtant from <hi>Newberry,</hi>
upon a plain, the day before the fight,
which was about harveſt time, 1643.
and that he ſaw the King in the field,
nigh a peice of great Canon during the
fight, that he alſo ſaw him at the head of
his Army in the ſecond <hi>Newberry</hi> fight
<pb n="97" facs="tcp:45653:56"/>
about Michaelmaſs, 1644. after which
he ſaw great number of men kild on both
ſides. Adding moreover, that he did alſo
ſee him at the head of his Forces, nigh
<hi>Copredy bridge;</hi> and afterwards the
ſame year towards harveſt nigh <hi>Leſti<g ref="char:EOLhyphen"/>thiel</hi>
in <hi>Cornwall,</hi> at what time the
Earle of <hi>Eſſex</hi> was there with his Ar<g ref="char:EOLhyphen"/>my.</p>
                     </div>
                  </div>
                  <div type="lists_of_participants">
                     <pb n="98" facs="tcp:45653:57"/>
                     <list>
                        <head>The NAMES of the ſaid Pre<g ref="char:EOLhyphen"/>tended
JUDGES who
gave Sentence againſt the
Late KING <date>Jan. 27. 1648.</date>
                        </head>
                        <item>
                           <hi>JOhn Bradſhaw</hi> Lord Preſident</item>
                        <item>Oliver Cromwell</item>
                        <item>Henry Ireton.</item>
                        <item>Sir Hardreſs Waller.</item>
                        <item>Valentine Walton.</item>
                        <item>Thomas Hariſon.</item>
                        <item>Edward Whaley.</item>
                        <item>Thomas Pride.</item>
                        <item>Iſaac Ewer.</item>
                        <item>Lord <hi>Grey</hi> of <hi>Grooby.</hi>
                        </item>
                        <item>William <hi>Lord</hi> Mounſon.</item>
                        <item>
                           <hi>Sir</hi> John Danvers.</item>
                        <item>
                           <hi>Sir</hi> Thomas Maleverer.</item>
                        <item>
                           <hi>Sir</hi> John Bourcher.</item>
                        <item>Iſaac Pennington.</item>
                        <item>Henry Martin.</item>
                        <item>William Purifoye.</item>
                        <item>John Barkſtead,</item>
                        <item>Gilbert Millington.</item>
                        <item>Thomas Chaloner.</item>
                        <item>Matthew Tomlinſon.</item>
                        <item>John Blakeſton.</item>
                        <item>
                           <pb n="99" facs="tcp:45653:57"/>
                           <hi>Sir</hi> William Conſtable.</item>
                        <item>Edmund Ludlow,</item>
                        <item>John Hutchiſon.</item>
                        <item>
                           <hi>Sir.</hi> Michael Leveſey.</item>
                        <item>Robert Titchburne.</item>
                        <item>Owen Roe.</item>
                        <item>Robert Lilburne.</item>
                        <item>Adrian Scroop.</item>
                        <item>Richard Dean.</item>
                        <item>John Okey.</item>
                        <item>John Harriſon.</item>
                        <item>John Hewſon.</item>
                        <item>William Goffe.</item>
                        <item>Cornelius Holland.</item>
                        <item>John Carew.</item>
                        <item>John Jones.</item>
                        <item>Thomas Liſter.</item>
                        <item>Peregrine Pelham.</item>
                        <item>Thomas Wogan.</item>
                        <item>Frances Allen.</item>
                        <item>Daniel Blagrave.</item>
                        <item>John Moor.</item>
                        <item>William Say.</item>
                        <item>Francis Laſcels.</item>
                        <item>John Chaloner.</item>
                        <item>Gregory Clement.</item>
                        <item>
                           <hi>Sir</hi> Gregory Norton.</item>
                        <item>John Venn.</item>
                        <item>
                           <pb n="100" facs="tcp:45653:58"/>
Thomas Andrews.</item>
                        <item>Anthony Stapley.</item>
                        <item>Thomas Horton.</item>
                        <item>John Liſle.</item>
                        <item>John Brown.</item>
                        <item>John Dixwell.</item>
                        <item>Miles Corbet</item>
                        <item>Simon Menyne.</item>
                        <item>John Alured.</item>
                        <item>Henry Smith.</item>
                        <item>Humphrey Edwards</item>
                        <item>John Frye.</item>
                        <item>Edmund Harvey.</item>
                        <item>Thomas Scot.</item>
                        <item>William Cawley.</item>
                        <item>John Downes</item>
                        <item>Thomas Hammond.</item>
                        <item>Vincent Potter.</item>
                        <item>Auguſtine Garland.</item>
                        <item>Charles Fleetwood.</item>
                        <item>John Temple.</item>
                        <item>Thomas Wayte.</item>
                     </list>
                     <list>
                        <head>Counſellours aſſiſtant to this Court,
and to draw up the Charge a<g ref="char:EOLhyphen"/>gainſt
the KING, were</head>
                        <item>Doctor Doriſlaus.</item>
                        <item>Mr. Aske.</item>
                        <item>
                           <pb n="101" facs="tcp:45653:58"/>Mr. <hi>John Cooke.</hi> Solicitor.</item>
                        <item>Serjeant <hi>Denby,</hi> Serjeant at
Armes.</item>
                        <item>M Broughton.</item>
                        <item>M. Phelpes.</item>
                        <item>Clerks to the
Court.</item>
                        <item>Colonel <hi>Humfrey,</hi> Sword bearer.</item>
                     </list>
                     <list>
                        <head>Meſſengers, Door-keepers, and Cry<g ref="char:EOLhyphen"/>ers
were theſe;</head>
                        <item>Mr. Walford.</item>
                        <item>Mr. Radley.</item>
                        <item>Mr. Paine:</item>
                        <item>Mr. Powell.</item>
                        <item>Mr. Hull.</item>
                        <item>Mr. King.</item>
                     </list>
                  </div>
                  <div type="sentence">
                     <head>The SENTENCE against the ſaid
KING <date>January the 27<hi rend="sup">th</hi> 1648.</date>
which was read by Mr. Broughton
aforeſaid Clerk.</head>
                     <p>WHereas the Commons of
<hi>England</hi> in Parliament,
have appointed them an
<pb n="102" facs="tcp:45653:59"/>
High Court of Juſtice for the Try<g ref="char:EOLhyphen"/>all
of <hi>Charles Stuart</hi> King of <hi>England,</hi>
before whom he had been Three
times Convented, and at the firſt
time a Charge of High Treaſon and
other Crimes and Miſdemeanours
was read in the behalf of the King<g ref="char:EOLhyphen"/>dome
of <hi>England,</hi> &amp;c. as in the
Charge which was read through<g ref="char:EOLhyphen"/>out.</p>
                     <p>To which Charge, he the ſaid
<hi>Charles Stuart</hi> was required to give
his Anſwer, but he refuſed ſo to do;
and ſo expreſt ſeverall paſſages at
his Tryall, in refuſing to anſwer.</p>
                     <p>For all which Treaſons and
Crims, this Court doth adjudge, that
the ſaid <hi>Charles Stuart,</hi> as a Tyrant,
Traytor, Murtherer, and Pub<g ref="char:EOLhyphen"/>lick
enemy, ſhall be put to death, by
fevering his head from his body.</p>
                     <p>This Sentence (ſayes the Preſident)
now read and publiſhed is the act, Sen<g ref="char:EOLhyphen"/>tence,
Judgement and Reſolution of
the whole Court. <hi>To which the Mem<g ref="char:EOLhyphen"/>bers
of the Court ſtood up and aſ<g ref="char:EOLhyphen"/>ſented
to what he ſaid</hi> by holding up
their hands.</p>
                     <p>
                        <pb n="103" facs="tcp:45653:59"/>
The King offered to ſpeake, but he
was inſtantly commanded to be taken
away and the Court broke up.</p>
                  </div>
                  <div type="execution">
                     <head>The true manner of proceeding to take
off the Kings Head according to the
Sentence given as a foreſaid.</head>
                     <p>Sir <hi>Hardreſs Waller</hi> Collonel <hi>Harri<g ref="char:EOLhyphen"/>ſon,</hi>
Commiſſary General <hi>Ireton,</hi> Co<g ref="char:EOLhyphen"/>lonel
<hi>Dean</hi> and Colonel <hi>Okey,</hi> were
appointed to conſider of the Time
and Place for the Exceution of the
King, according to his Sentence,
given by the (pretended) High
Court of Juſtice.</p>
                     <div type="part">
                        <head>Painted Chamber, Monday January
<date>the 29<hi rend="sup">th</hi> 1648.</date>
                        </head>
                        <p>VPon Report made from the
Committee for conſidering of
the Time and place of the Execut<g ref="char:EOLhyphen"/>ing
of the Judgement againſt the
King, that the ſaid Committee have
Reſolved, <hi>That the open ſtreet before</hi>
                           <pb n="104" facs="tcp:45653:60"/>
White-hal <hi>is a fit place:</hi> And the ſaid
Committee conceive it fit, <hi>That the
King be there executed the morrow,
the King having already notice there<g ref="char:EOLhyphen"/>of.</hi>
                        </p>
                        <p>The Court approved thereof, and
ordered a Warrant to be drawn to
that purpoſe, which Warrant was
accordingly drawn and agreed to,
and Ordred to be ingroſſed, which
was done and ſigned and ſealed ac<g ref="char:EOLhyphen"/>cording,
as followeth.</p>
                        <q>
                           <floatingText xml:lang="unk">
                              <body>
                                 <div type="warrant">
                                    <head>At the High Court of Juſtice for the
Trying and Judging of King
CHARLES the I. of England
<date>January 29. 1648.</date>
                                    </head>
                                    <p>VVHereas <hi>Charles Stuart</hi> King
of <hi>England,</hi> is, and ſtand<g ref="char:EOLhyphen"/>eth
Convicted, Attainted and
Condemned of High Treaſon, and
other Crimes, and Sentence, on
Saturday laſt, was pronounced a<g ref="char:EOLhyphen"/>gainſt
him by this Court, to be put
to Death, by ſevering his head from
his body, of which Sentence Ex<g ref="char:EOLhyphen"/>ecution
yet remaineth to be done.
<pb n="105" facs="tcp:45653:60"/>
Theſe are therefore to will an re<g ref="char:EOLhyphen"/>quire
you, to ſee the ſaid Sentence
Executed in the open ſtreet before
<hi>Whitehall</hi> upon the morrow, being
the 30. day of this inſtant Moneth
of <hi>January,</hi> between the hours of
Ten in the morning, 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
and Soldiers and other the good
people of this Nation of <hi>England,</hi> to
be aſſiſtant unto you in this ſervice.</p>
                                    <trailer>To Colonel Francis Hacker, Colonel
Huncks and Lievtenant Colonel
Phray, and to every of them.</trailer>
                                    <closer>
                                       <dateline>Given under our hands and Seals.</dateline>
                                       <signed>Sealed and Subſcribed by,
<list>
                                             <item>John Bradſhaw <hi>Preſident.</hi>
                                             </item>
                                             <item>Thomas Gray.</item>
                                             <item>Oliver Cromwell.</item>
                                             <item>Edward Whaley.</item>
                                             <item>John Okey.</item>
                                             <item>
                                                <pb n="106" facs="tcp:45653:61"/>
John Danvers.</item>
                                             <item>Mich. Lieveſey.</item>
                                             <item>John Bourcher.</item>
                                             <item>Hen Ireton.</item>
                                             <item>Tho Maleverer.</item>
                                             <item>Jo Blackeſton.</item>
                                             <item>Jo Hutchiſon.</item>
                                             <item>William Goffe.</item>
                                             <item>Tho. Pride.</item>
                                             <item>Henry Smith.</item>
                                             <item>Vincent Potter.</item>
                                             <item>William Conſtable.</item>
                                             <item>Rich Ingoldsby.</item>
                                             <item>Will. Cawley.</item>
                                             <item>John Barkſtead.</item>
                                             <item>Iſaac Ewer.</item>
                                             <item>Val. Walton.</item>
                                             <item>Peter Temple.</item>
                                             <item>Tho. Harriſon.</item>
                                             <item>John Hewſon.</item>
                                             <item>Per. Pelham.</item>
                                             <item>Richard Dean.</item>
                                             <item>Rob. Tichburn.</item>
                                             <item>Hump Edwards.</item>
                                             <item>Dan. Blagrave.</item>
                                             <item>Owen Roe.</item>
                                             <item>Will. Purifoye.</item>
                                             <item>Adrin Scroop.</item>
                                             <item>
                                                <pb n="107" facs="tcp:45653:61"/>
James Templer.</item>
                                             <item>Aug. Garland.</item>
                                             <item>Edmu. Ludlow.</item>
                                             <item>Hen. Martia.</item>
                                             <item>Jo. Allewred.</item>
                                             <item>Rob. Lilburu.</item>
                                             <item>Will. Say.</item>
                                             <item>Anthony Stapley.</item>
                                             <item>Gregory Norton.</item>
                                             <item>Tho. <gap reason="illegible" resp="#TECH" extent="1 letter">
                                                   <desc>•</desc>
                                                </gap>haloner.</item>
                                             <item>Tho. Wogan</item>
                                             <item>Simon. Meyne.</item>
                                             <item>Tho Horton.</item>
                                             <item>John Jones.</item>
                                             <item>Jo. Moore.</item>
                                             <item>Hardreſs Waller.</item>
                                             <item>Gilbert Millington.</item>
                                             <item>Charls Fleetwood.</item>
                                             <item>Jo. Venn.</item>
                                             <item>Greg. Clement.</item>
                                             <item>Jo. Downes.</item>
                                             <item>Tho. Waite</item>
                                             <item>Tho. Scot.</item>
                                             <item>John Carew.</item>
                                             <item>Miles Corbet.</item>
                                          </list>
                                       </signed>
                                    </closer>
                                 </div>
                              </body>
                           </floatingText>
                        </q>
                        <p>
                           <pb n="108" facs="tcp:45653:62"/>
Ordered, <hi>That the Scaffold on which
the King is to be executed, be covered with
Black.</hi> The Warrant for execut<g ref="char:EOLhyphen"/>ing
the King being accordingly de<g ref="char:EOLhyphen"/>livered
to thoſe parties to whom
the ſame was directed Execution
was done upon him according to
the Tenour thereof about Two a
clock in the afternoon, of the ſaid
30. of <hi>January. 1648.</hi>
                        </p>
                     </div>
                     <div type="part">
                        <head>The Fatall day of the ſaid Execu<g ref="char:EOLhyphen"/>tion,
being <date>Tueſday, January
the 30. 1648.</date>
                        </head>
                        <p>HIS Majeſty continued in Pray<g ref="char:EOLhyphen"/>er
all the morning, and re<g ref="char:EOLhyphen"/>ceives
the Sacrament Juſt at Ten a
Clock before noon, he was convey<g ref="char:EOLhyphen"/>ed
on foot, from St. <hi>James's</hi> Palace
to <hi>Witehall,</hi> guarded by a Regiment
of Foot Soldiers, part before, part
behind, with Colours flying, and
Drums beating, his private guard
of Patirzans about him, and Dr.
<hi>Juxon</hi> Biſhop of <hi>London,</hi> next to him
on one ſide, and Colonel <hi>Tomlinſon</hi>
on the other; being come to <hi>White<g ref="char:EOLhyphen"/>hall,</hi>
                           <pb n="109" facs="tcp:45653:62"/>
he <gap reason="illegible" resp="#TECH" extent="1 word">
                              <desc>〈◊〉</desc>
                           </gap> his Cabinet
Chamber at his divotions, refuſing
to dine, onely about 12 a clock he
eat a bit of bread, and dranke a
glaſſe of Claret wine; from thence
he was conveyed into the Banquet<g ref="char:EOLhyphen"/>ing
houſe, and the great window
inlarged, out of which he aſcends
the Scaffold, the rails being hung
round, and the floor covered with
black, His Executioners diſguiſed
with Viſards, yet was his Maje<g ref="char:EOLhyphen"/>ſty
not affrighted: He ſhewed more
care of the people living, then of
himſelfe dying: for looking round
upon the people, whom the thick
Guards of Soldiers kept a great di<g ref="char:EOLhyphen"/>ſtance
of, and ſeeing he could not
be heard by them, omitting (pro<g ref="char:EOLhyphen"/>bably)
what he purpoſed to have
ſpoken to them, therefore turn<g ref="char:EOLhyphen"/>ing
to the Officers and Actors, by
him, he delivered him ſelf in a ſhort
(but excellent) Speech, which be<g ref="char:EOLhyphen"/>ing
ended, he meekly went to Pray<g ref="char:EOLhyphen"/>ers,
and after ſome heavenly diſ<g ref="char:EOLhyphen"/>courſe
between him and the Biſhop,
having prepared himſelfe, he lifted
<pb n="110" facs="tcp:45653:63"/>
up his eyes to heaven, mildely pray<g ref="char:EOLhyphen"/>ing
to himſelf; he ſtooped down to
the block as to a prayer-deske, and
moſt humbly bowed his generious
Neck to Go, to be cut off by the
Vizarded Executioner, which was
ſudainly done at one blow. Thus
fell King <hi>Charles,</hi> the I. and thus all
<hi>Britan</hi> with him.</p>
                     </div>
                  </div>
                  <div type="statement">
                     <pb n="111" facs="tcp:45653:63"/>
                     <head>His Majeſties Rea<g ref="char:EOLhyphen"/>ſons,
againſt the pretended Juriſ<g ref="char:EOLhyphen"/>diction
of the High Court of
Juſtice, which he hath in tended
to have given there on Mun<g ref="char:EOLhyphen"/>day
<date>Jan. 26. 1649.</date>
                     </head>
                     <head type="sub">Faithfully tranſcribed from the original
coppy of the King.</head>
                     <p>SInce I have already made my
Proteſtation, not onely againſt
the illegality of this pretended
Court, but that no power on
earth can juſtly call me (who am
your King) into queſtion as a De<g ref="char:EOLhyphen"/>linquent,
I would no longer have
opened my mouth on this Argu<g ref="char:EOLhyphen"/>ment,
but have referred my ſelf
to thoſe things which I then
ſpoke, if this onely concerned
my own particular; But the du<g ref="char:EOLhyphen"/>ty
which I ow to God, to preſerve
the true liberty of my people;
doth not permit me at this time, I
ſhould be ſilent; for how can any
<pb n="112" facs="tcp:45653:64"/>
free born Subject of <hi>England</hi> call
his life or any thing he doth poſ<g ref="char:EOLhyphen"/>ſeſs
his own, if power without law
can daily make new, and abrogate
the old and Fundamentall Laws
of this Land, which I judge to be
the preſent caſe? Wherefore when
I was brought hither, I expected
that you would have ſtudied to
ſatisfie me in thoſe Fundamentals,
which do hinder me from puting
in my Anſwer, to the pretended
charge; but ſince I do obſerve,
that nothing which I can alledge
can perſwade you to it (although
negatives are not ſo naturally
proved as affirmatives) yet I have
thought good to declear unto
you the Reaſons for which I am
confident, you are not in a capa<g ref="char:EOLhyphen"/>city
to judge me, nor the vileſt
man in <hi>England,</hi> for without
ſhowing my Reaſons, I will not
(as you) be ſo unreaſonable im<g ref="char:EOLhyphen"/>portunate,
as to exact either be<g ref="char:EOLhyphen"/>lief
or obedience from my Sub<g ref="char:EOLhyphen"/>jects.</p>
                     <p>Here was I reſtrained, and not
<pb n="113" facs="tcp:45653:64"/>
ſuffered to ſpeak any more of Rea<g ref="char:EOLhyphen"/>ſons,
there is no juſt Proceſſe a<g ref="char:EOLhyphen"/>gainſt
any man, which deriveth
not its authority, either from the
Law of God, or from the muni<g ref="char:EOLhyphen"/>cipall
Laws of the Land.</p>
                     <p>Now I am moſt ſure, that the
Proceſſe at this day made againſt
me, cannot be confirmed by the
law of God; for on the contrary,
the neceſſity of obedience is cleere<g ref="char:EOLhyphen"/>ly
confirmed, and ſtreightly com<g ref="char:EOLhyphen"/>manded
in the old and new Teſta<g ref="char:EOLhyphen"/>ment;
which if it be denyed, I am
prepared preſently to prove it; and
as for the queſtion now in agita<g ref="char:EOLhyphen"/>tion,
it is ſaid there, <hi>Where the word
of a King is, there is power, and who
can ſay unto him, what doeſt thou?</hi> Ec<g ref="char:EOLhyphen"/>cleſ:
8. v. 4. Then as to the Laws of
the land, I am as confident that
no learned Lawyer will affirm, that
any charge can be brought againſt
the King, ſince they all go forth un<g ref="char:EOLhyphen"/>der
his name, and it is one of their
axioms, that the King cannot do
any injury, Moreover the law on
which you do ground your pro<g ref="char:EOLhyphen"/>ceſſe,
<pb n="114" facs="tcp:45653:65"/>
is either old or new, if it be
old, ſhew that law unto me,
if it be new, tell me what Autho<g ref="char:EOLhyphen"/>rity
eſtabliſhed by the Funda<g ref="char:EOLhyphen"/>mentall
laws of this land did give
it birth and when? but how the
Houſe of Commons can erect a
Tribunall of Juſtice, which was
never one it ſelf (as all Lawyers
will confeſſe with me) I leave it
to God and to the world to judge;
and it will ſeeme moſt ſtrange to
any, who ever have heard of the
laws of <hi>England,</hi> how they can pre<g ref="char:EOLhyphen"/>tend
to make laws without either
the King, or the Houſe of Peers.</p>
                     <p>Nevertheleſſe it be admited,
but not granted, that a Commiſſi<g ref="char:EOLhyphen"/>on
from the people of <hi>England,</hi> is
able to confirm your pretended
power, yet I ſee nothing that you
can ſhow for it, for I am confident
that you never asked that queſtion
of the 10th. man in the Kingdome;
in this method you do a moſt ap<g ref="char:EOLhyphen"/>parent
injury, even to the pooreſt
ploughman; if you ask not his
conſent, neither can you pretend
<pb n="115" facs="tcp:45653:65"/>
any coluor to this your pretended
Commiſſion, if you have not the
concurring voyces of at leaſt the
greateſt part of this Nation, of
every degree and quality, which
you are ſo far from obtaining, that
I am confident you never ſo much
as ſought it,</p>
                     <p>You ſee then, that I do not
onely ſpeake for my own Right, as
I am your King, but alſo for the
true liberty of all my ſubjects,
which confiſteth not in dividing
the power of Government, but in
living under ſuch laws, and ſuch
a Government, as may grant them
the beſt ſecurity of their lives,
and the propriety of their goods
In this, I ought not to be forget<g ref="char:EOLhyphen"/>full,
neither do I forget the pri<g ref="char:EOLhyphen"/>viledges
of both Houſes of Par<g ref="char:EOLhyphen"/>liament,
which theſe proceed<g ref="char:EOLhyphen"/>ings
do not onely violate, but
give an occaſion of the greateſt
breaking of the publick faith; and
ſuch (I believe) as the like was ne<g ref="char:EOLhyphen"/>ver
heard of before, with which I
will not at all, charge both Hou<g ref="char:EOLhyphen"/>ſes,
<pb n="116" facs="tcp:45653:66"/>
for the pretended crime
which they impoſe upon me, are
far before the Treaty at <hi>Newport;</hi>
in which when I aſſented to, and
did conclude as much as poſſibly
lay in my power, and did juſtly
expect the aſſent of both Houſes,
I was ſuddenly taken from thence,
and carried a way as a priſoner,
and againſt my will, I was hurried
hither, and ſince I came to this
Court, I cannot with all my In<g ref="char:EOLhyphen"/>deavours,
defend the ancient
laws and liberties of this King<g ref="char:EOLhyphen"/>dome,
together with my juſt pri<g ref="char:EOLhyphen"/>viledges,
and as much as I can poſ<g ref="char:EOLhyphen"/>ſiblely
diſcern the upper Houſe,
which is the Houſe of Lords, is to<g ref="char:EOLhyphen"/>tally
excluded.</p>
                     <p>And as for the Houſe of Com<g ref="char:EOLhyphen"/>mons,
it is to much known, that
the greater part of them are either
impriſoned, or affrighted from
fitting, ſo that if I had no other
Cauſe, this was ſufficient enough
to make me Proteſt againſt the au<g ref="char:EOLhyphen"/>thority
of your pretended Tribun<g ref="char:EOLhyphen"/>all.
Beſides all theſe things, the
<pb n="117" facs="tcp:45653:66"/>
peace of the Kingdome, is not
the leaſt part of my cares, and
what hope can there be of eſta<g ref="char:EOLhyphen"/>bliſhing
it, as long as power reign<g ref="char:EOLhyphen"/>eth
without the Rule of the law,
changing the whole frame of the
Government under which this
Kingdome hath flouriſhed theſe
many ages; neither will I ſpeak
what is likely to follow, if theſe
unlawfull proceedings ſhall yet
continue againſt me; for I believe,
the Commons of <hi>England</hi> will
give you no thankes for this
change, eſpecially, when they
ſhall call into their mindes, how
happily they heretofore have li<g ref="char:EOLhyphen"/>ved
in the Reigns of Queen <hi>Eliza<g ref="char:EOLhyphen"/>beth,</hi>
and of the King my Father,
and in my own Reign before the
beginnings of theſe unhappy tu<g ref="char:EOLhyphen"/>mults,
and they will have a juſt
cauſe to doubt, if they ſhall be ſo
happy in any new Government.</p>
                     <p>In that time it will moſt evi<g ref="char:EOLhyphen"/>dently
appeare that I onely took
up Armes to defend the Funda<g ref="char:EOLhyphen"/>mentall
Lawes of this kingdome
<pb n="118" facs="tcp:45653:67"/>
againſt thoſe who oppoſed my pow<g ref="char:EOLhyphen"/>er,
and totally would have ſubver<g ref="char:EOLhyphen"/>ted
the antient Government.</p>
                     <p>Having ſo briefly declared my
Reaſons to you, for which I could
nor ſubmit to your pretended Au<g ref="char:EOLhyphen"/>thority,
without violation of the
Truſt which God hath committed
to me for the ſafety, and liberty of
my people, I expect from you either
clear Reaſons to convince my Judg<g ref="char:EOLhyphen"/>ment
by demonſtrating to me that I
am in an Error, (and then ſurely, I
ſhal be ready to give you an anſwer)
or elſe, that you ſuſpend your pre<g ref="char:EOLhyphen"/>ſent
proceedings.</p>
                     <p>This I had determined to have
ſpoken in <hi>Weſtminſter</hi> Hall on <hi>munday</hi>
the two and twentieth of <hi>January,</hi>
but againſt Reaſon, I was prohibited
to pronounce my Reaſons.</p>
                     <p>In the year 1648. <hi>Engliſh</hi> ſtyle.
1649. Vulgar ſtile.</p>
                  </div>
                  <div type="speech">
                     <pb n="119" facs="tcp:45653:67"/>
                     <head>The Speech of
King Charls upon
the Scaffold at
the gate of White
Hall, immediate<g ref="char:EOLhyphen"/>ly
before the exe<g ref="char:EOLhyphen"/>cution.
Ianuary
the thirtieth.</head>
                     <argument>
                        <p>ABout ten in the morning, the
King was brought from Saint
<hi>Jameſes</hi> Court, he did walk on foot
through the Park, with a Regi<g ref="char:EOLhyphen"/>ment
<pb n="120" facs="tcp:45653:68"/>
of Foot, one half before him,
and the other behinde him, their
Colours flying, and their Drums
beating, his private guard of Parti<g ref="char:EOLhyphen"/>ſan
with ſome of his Gentlemen did
go immediately bare headed before
him, and ſome part of them behind
him; but thoſe who were next of all
unto him behinde, were Dr. <hi>Juxon</hi>
and Colonel <hi>Thomlinſon,</hi> to the laſt
of whom the care and charge of his
Perſon was committed, theſe two
being barehead did talk with him
all along the Park, and as you go up
the ſtairs into the Gallery, and ſo
into the Cabanet chamber, where
he uſed to lye, in which place, he
continued at his Devotion, and re<g ref="char:EOLhyphen"/>fuſed
to dine, becauſe he that morn<g ref="char:EOLhyphen"/>ing
had taken the Sacrament, only
about one hour before he came forth
he drank one glaſſe of Claret wine,
and did eat a cruſt of bread about
twelve of the clock at Noone.</p>
                        <p>From thence he was accompani<g ref="char:EOLhyphen"/>ed
by Doctor <hi>Juxon,</hi> Col. <hi>Thomlin<g ref="char:EOLhyphen"/>ſon,</hi>
and other Officers formerly ap<g ref="char:EOLhyphen"/>pointed
to be his guard, and with
<pb n="121" facs="tcp:45653:68"/>
the private Guard of Partizans,
with muſquitiers on either ſide,
through the banquetting houſe, at
the farther end, on the out ſide
whereof, the Scaffold was erected,
neer unto the Gate of <hi>White hall.</hi>
The Scaffold was hung round with
black, and the floore was covered
with black, and the Ax, and the
Block laid on the middle of the
Scaffold. There were ſeverall
Companies of Foot, and Troops of
Horſe placed on the one ſide of the
Scaffold, and the other, and multi<g ref="char:EOLhyphen"/>tudes
of people that thronged to ſee
ſo rare a ſpectacle were very great.</p>
                        <p>The King was no ſooner come
upon the Scaffold, but he looked
very earneſtly on the Block, and
asked Col. <hi>Hacker,</hi> if there were no
higher, and then ſpake thus, direct<g ref="char:EOLhyphen"/>ing
his ſpeech chiefly to Colonel
<hi>Thomlinſon.</hi>
                        </p>
                     </argument>
                     <head type="sub">
                        <pb n="122" facs="tcp:45653:69"/>The Kings Majeſties moſt Excellent
Speech.</head>
                     <p>
                        <hi>I</hi> Shall be very little heard by any of
the people, I ſhall therefore ſpeak a
word or two to you who are here. Indeed
<hi>I</hi> could hold my peace very well, if I did
not think that my ſilence would make
ſome men think, that I did ſubmit to the
guilt, as well as to the puniſhment; but I
conceive it is my duty, Firſt unto God,
and afterwards to my Countrey, to vindi<g ref="char:EOLhyphen"/>cate
my ſelf, as an honeſt man, a good
King, and a good Chriſtian.</p>
                     <p>I ſhall begin firſt with my Innocency;
Introth, I think it not very needfull for
me to inſiſt long upon this, for all the
world knows, that I never did begin
Warre with the two Houſes of Parlia<g ref="char:EOLhyphen"/>ment,
and I call God to witneſſe, to
whom I muſt ſhortly make my account,
that I never did intend to incroach upon
their priviledges: they began with me, It
was the Militia they began upon, they
confeſſed that the Militia was mine, but
<pb n="123" facs="tcp:45653:69"/>
they thought it fit to have it from me, and
to be ſhort, if any man will look to the
Dates of Commiſſions, of their Commiſ<g ref="char:EOLhyphen"/>ſions
or mine; and likewiſe to the Decla<g ref="char:EOLhyphen"/>rations,
will find clearly, that they began
thoſe unhappy troubles, not I, ſo that as
for the guilt of theſe enormous crimes
which are laid upon me, I hope in God,
that God will clear me of them.</p>
                     <p>I am in charity, I will not, and God
forbid I ſhould lay it upon the two Hou<g ref="char:EOLhyphen"/>ſes
of Parliament, there is no neceſſity of
either. I hope they are free from the Guilt,
for I do believe, that evill inſtruments be<g ref="char:EOLhyphen"/>tween
them and me, have been the chief
cauſe of all this bloodſhed, ſo that by way
of ſpeaking, as I finde my ſelf clear of this
I hope, and I pray God, that they may too;
yet for all this, God forbid, that I ſhould
be ſo ill a Chriſtian, as not to ſay that
Gods judgements are juſt upon me. Ma<g ref="char:EOLhyphen"/>ny
times he does inflict juſtice by an un<g ref="char:EOLhyphen"/>juſt
Sentence; this is ordinary; I will onely
ſay, that an unjuſt Sentence,<note n="*" place="margin">Meaning the Earle of <hi>Strafford.</hi>
                        </note> That I
ſuffered to take effect, is puniſhed now
by an unjuſt Sentence upon my ſelf. This
is to ſhew you, (as I have ſaid) how far
<hi>I</hi> am an innocent man.</p>
                     <p>
                        <pb n="124" facs="tcp:45653:70"/>
Now for to ſhow you, that I am a good
Chriſtian, I hope there is a good man,
<note n="*" place="margin">Point<g ref="char:EOLhyphen"/>ing at Do<g ref="char:EOLhyphen"/>ctor <hi>Juxon.</hi>
                        </note> who will bear witneſſe with me, that <hi>I</hi>
have forgiven all the world, and even
thoſe in particular, who have been the
chief cauſers of my Death; who they are
God knows. I do not deſire to know, <hi>I</hi> pray
God forgive them: But this is not all,
my charity muſt go further, <hi>I</hi> wiſh that
they may repent; for indeed, they have
committed a great ſin in that particular;
<hi>I</hi> pray God with Saint <hi>Stephen</hi> that this
be not laid to their charge; nay, not one<g ref="char:EOLhyphen"/>ly
ſo, but that they may take the right way
to the peace of the Kingdome; for my
charity commands me not onely to for<g ref="char:EOLhyphen"/>give
particular men, but my charity
commands me to indeavour to the laſt
gaſp, the peace of the Kingdome. This
Sirs, <hi>I</hi> do wiſh with all my Soul, and <hi>I</hi>
do hope, (there are ſome<note n="*" place="margin">Turning to ſome Gentlemen who took his Speech in ſhort writing.</note> who will car<g ref="char:EOLhyphen"/>ry
it further) that they may indeavour
the peace of the Kingdome.</p>
                     <p>Now Sirs, I muſt ſhow you, both how
you are out of the way, and I will put you
into a way: Firſt, you are out of the way;
for certainly, all the way in which as yet
you have gone, as I could ever find out
by any thing, is in the way of conqueſt;
<pb n="125" facs="tcp:45653:70"/>
certainly this is an ill way, for conqueſt,
Sirs, in my opinion, is never juſt, except
there be a good, juſt cauſe, either for mat<g ref="char:EOLhyphen"/>ter
of wrong, or to defend a juſt Title,
and if in the proſecution of the quarrell,
you ſhall go beyond this, it will make that
unjuſt at the end, which was juſt at the
beginning. But if it be onely matter of
conqueſt, therein it is a great robbery, as a
pirate ſaid to <hi>Alexander,</hi> that he was a
great robber, and that he himſelf was but
a petty robber: and thus Sirs, I do think
that the way you are in, is much out of
the way; Now Sirs, for to put you in
the way, believe it, you will never do
right, nor will God ever proſper you, un<g ref="char:EOLhyphen"/>till
you give God his due, and the King
his due, that is, in their courſe of time,
my Succeſſors, and untill you give the
people their due; <hi>I</hi> am as much for them
as any of you are. You muſt give God
his due, by regulating a right his Church
according to his Scripture; your Church
is now out of order, for to ſet you parti<g ref="char:EOLhyphen"/>cularly
in a way now, <hi>I</hi> cannot, but only
by a Synod of the whole Nation, who be<g ref="char:EOLhyphen"/>ing
freely called, and freely debating a<g ref="char:EOLhyphen"/>mongſt
themſelves, may by Gods bleſſing
ſettle the Church, when every opinion is
freely and clearly diſcuſſed.</p>
                     <p>
                        <pb n="126" facs="tcp:45653:71"/>
For the King indeed, I will not much
inſiſt—<hi>Then turning to a gentle<g ref="char:EOLhyphen"/>man
whoſe cloak he obſerved to
touch the edge of the Ax, he ſaid
unto him,</hi> Hurt not the Ax, <hi>meaning
by blunting the edge thereof,</hi> for
that he ſaid might hurt him. <hi>Having
made this ſhort digreſſion, he pro<g ref="char:EOLhyphen"/>ceeded;</hi>
For the King, the laws of the
land will clearly inſtruct you, what you
have to do; but becauſe it concerns my own
particular, <hi>I</hi> onely do give you but a
touch of it.</p>
                     <p>As for the People, truly <hi>I</hi> deſire their
liberty and freedome, as much as any
whoſoever; but <hi>I</hi> muſt tell you, that their
liberty and freedom conſiſts in having of
government by thoſe laws, by which their
lives, and their goods may be moſt their
own. It is not for them to have a ſhare
in Government, that is nothing Sirs, ap<g ref="char:EOLhyphen"/>pertaining
unto them<g ref="char:punc">▪</g> A <gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>ubject and a
Sovereign are clean different things; and
therefore untill that be done, <hi>I</hi> mean,
untill the people be put into that liberty,
which <hi>I</hi> ſpeak of: certainly they will ne<g ref="char:EOLhyphen"/>ver
enjoy themſelves.</p>
                     <p>Sirs, It was for this, that now <hi>I</hi> am
<pb n="127" facs="tcp:45653:71"/>
come here; If I would have given way
to an arbitrary power to have all laws
changed according to the power of the
ſword; I needed not to have come hither,
and therefore <hi>I</hi> tell you, and I Pray God
it be not laid to your charge, <hi>that I am
the martyr of the people.</hi>
                     </p>
                     <p>In troth Sirs, <hi>I</hi> ſhall not hold you much
longer, <hi>I</hi> ſhall onely ſay this unto you, that
in truth, <hi>I</hi> could have deſired ſome little
longer time, becauſe <hi>I</hi> had a deſire to put
this, that <hi>I</hi> have ſaid into a little better
order, and to have a little better dige<g ref="char:EOLhyphen"/>ſted
it than I have now done; and there<g ref="char:EOLhyphen"/>fore,
<hi>I</hi> hope you will excuſe me</p>
                     <p>
                        <hi>I</hi> have delivered my conſcience, <hi>I</hi> pray
God that you do take thoſe courſes, that
are moſt for the good of the Kingdome,
and your own ſalvations.</p>
                     <sp>
                        <speaker>Doct. Juxon.</speaker>
                        <p>Will your Majeſty al<g ref="char:EOLhyphen"/>though
the affection of your Maje<g ref="char:EOLhyphen"/>ſty
to religion is very well known;
yet to ſatisfie expectation, be plea<g ref="char:EOLhyphen"/>ſed
to ſpeak ſomething for the ſatis<g ref="char:EOLhyphen"/>faction
of the world.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>I <hi>thank you very heartily (my
Lord) becauſe</hi> I <hi>had almoſt forgotten it.
In troth Sirs, my conſcience in Religion,</hi>
                           <pb n="128" facs="tcp:45653:72"/>
I <hi>think is already very well known to all
the world; and therefore</hi> I <hi>declare before
you all, that</hi> I <hi>die a Chriſtian, according
to the profeſſion of the Church of England
as</hi> I <hi>found it left by my father; and this
honeſt man</hi>
                           <note n="*" place="margin">Point<g ref="char:EOLhyphen"/>ing at Dr. <hi>Juxon.</hi>
                           </note> I <hi>think will witneſſe it.
Then turning to the Officers he ſaid, Sirs
excuſe me for this ſame,</hi> I <hi>have a good
cauſe, and</hi> I <hi>have a gratious God,</hi> I <hi>will
ſay no more.</hi> Then turning to Colo<g ref="char:EOLhyphen"/>nel
<hi>Hacker,</hi> he ſaid. Take care they
do not put me to pain, and Sir this
if it pleaſe you; but then a gentle<g ref="char:EOLhyphen"/>man,
one Mr. <hi>Clerk,</hi> comming neer
the Ax, the King ſaid, take heed of
the Ax: Then the King turning
to the Executioner, ſaid, I ſhall ſay
but very ſhort prayers, and when I
ſtretch forth my hands—Then
the King called to Doctor <hi>Juxon</hi> for
the Nightcap, and having put it on,
he ſaid to the Executioner: will my
hair trouble you? who deſired him
to put it all under his Cap, which
the King did accordingly by the aſ<g ref="char:EOLhyphen"/>ſiſtance
of the Executioner and the
Biſhop; the King then turning to
Doctor <hi>Juxon</hi> ſaid, I have a good
<pb n="129" facs="tcp:45653:72"/>
Cauſe and a Gratious God on my
ſide. <hi>Doctor Juxon,</hi> There is but one
ſtage more, This ſtage is turbulent
indeed and troubleſome, but very
ſhort, and which in an inſtant will
lead you a moſt long way from earth
to Heaven, where you ſhall finde
great Joy and Solace.</p>
                     </sp>
                     <sp>
                        <speaker>King,</speaker>
                        <p>
                           <hi>I</hi> go from a corruptible to an
incorruptable Crown, where can be no
trouble, none at all.</p>
                     </sp>
                     <sp>
                        <speaker>Doctor Juxon,</speaker>
                        <p>You ſhall exchange
a temporall Crown for an eternall
one, it is a good change.</p>
                        <p>The King then ſaid unto the exe<g ref="char:EOLhyphen"/>cutioner,
<hi>Is my haire as it ſhould be?</hi>
He then did put off his cloak, and
his George, which he gave to Doctor
<hi>Juxon,</hi> ſaying, <hi>Remember</hi>
                           <note n="*" place="margin">Pointi<gap reason="illegible" resp="#TECH" extent="2 letters">
                                 <desc>••</desc>
                              </gap> at Dr. <hi>Ju<gap reason="illegible" resp="#TECH" extent="2 letters">
                                    <desc>••</desc>
                                 </gap>on.</hi>
                           </note>. He im<g ref="char:EOLhyphen"/>mediately
afterwards, did put off
his Doublet, and did put on his cloak
again, and looking on the block,
he ſaid unto the Executioner, <hi>you
ſhould make it to be ſteddie.</hi>
                        </p>
                     </sp>
                     <sp>
                        <speaker>Execut.</speaker>
                        <p>It is ſo.</p>
                     </sp>
                     <sp>
                        <speaker>King.</speaker>
                        <p>It might have been ſomething
higher.</p>
                     </sp>
                     <sp>
                        <speaker>Execut.</speaker>
                        <p>It cannot be made higher
now.</p>
                     </sp>
                     <sp>
                        <pb n="130" facs="tcp:45653:73"/>
                        <speaker>King.</speaker>
                        <p>When <hi>I</hi> ſhall ſtretch forth my
hands in this manner, then—</p>
                        <p>After that, when ſtanding, he
had ſpoke two or three words unto
himſelf, with his hands, and eyes
lifted up towards Heaven, immedi<g ref="char:EOLhyphen"/>ately
ſtooped down, he laid his
neck upon the Block, and when the
Executioner had again put all his
hair under his cap. The King ſaid
<hi>Stay till</hi> I <hi>give the ſigne.</hi>
                        </p>
                     </sp>
                     <sp>
                        <speaker>Execut.</speaker>
                        <p>So I do, if it pleaſe your
Majeſty; and after a very little re<g ref="char:EOLhyphen"/>ſpite,
the King did ſtretch forth his
hands, and immediately the Exe<g ref="char:EOLhyphen"/>cutioner
at one blow did ſever his
head from his Body.</p>
                     </sp>
                     <p>Sic tranſit gloria Mundi.</p>
                  </div>
               </div>
            </body>
         </text>
         <text xml:lang="eng">
            <front>
               <div type="title_page">
                  <pb facs="tcp:45653:73"/>
                  <p>THE
Illegall proceedings a<g ref="char:EOLhyphen"/>gainſt
the honourable Colonell
<hi>John Penruddock</hi> of <hi>Comp<g ref="char:EOLhyphen"/>pton</hi>
in <hi>Wiltſhire,</hi> and his Speech;</p>
                  <p>Which he delivered the
day before he was beheaded in the Ca<g ref="char:EOLhyphen"/>ſtle
of <hi>Exon,</hi> being the 16 day of
<hi>May 1655,</hi> to a Gentleman whom
he deſired to publiſh them
after his death.</p>
                  <p>Together with his prayer upon the Scaffold
and the laſt Letter he received from his
verteous Lady, with his anſwer to the
ſame.</p>
                  <p>Alſo the ſpeech of that Piouſly reſolved
Gentlemen, <hi>Hugh Grove</hi> of <hi>Chiſenbury</hi> in
the pariſh of <hi>Enford,</hi> and County
of <hi>Wilts,</hi> Eſquire, beheaded there the
ſame day.</p>
                  <p>Printed by order of the Gent. intruſted, 1660.</p>
               </div>
            </front>
            <body>
               <div type="letter">
                  <pb facs="tcp:45653:74"/>
                  <pb n="133" facs="tcp:45653:74"/>
                  <head>Col. Penruddock being writ to by
a friend for an account of his
triall, writ as followeth.</head>
                  <opener>
                     <salute>SIR,</salute>
                  </opener>
                  <p>THough <hi>I</hi> received your deſires ſome<g ref="char:EOLhyphen"/>thing
too late, it being but two days
before notice given me from the Sheriff of
the day of my expiration, for <hi>I</hi> cannot
call this an execution, it being for ſuch a
cauſe; yet in order to your ſatisfaction,
I have borrowed ſo much time from my
more ſerious Meditations, as to give
you this ſhort account of my Triall,
wherein you muſt excuſe, both the brevity
and imperfections, it being but the iſſues
of a bad memory.</p>
                  <p>UPon <hi>Thurſday</hi> the <hi>19. April
1655.</hi> the Commiſſioners
of <hi>Oyer</hi> and <hi>Terminer,</hi> be<g ref="char:EOLhyphen"/>ing
ſate in the Caſtle of
<hi>Exon,</hi> ſummoned before them my
ſelf, Mr. <hi>Huge Grove,</hi> Mr. <hi>Richard
Reeves,</hi> Mr. <hi>Robert Duke,</hi> Mr. <hi>George
Duke,</hi> Mr. <hi>Thomas Fitz-James,</hi> Mr.
<hi>Francis Jones,</hi> Mr. <hi>Edward Davis,</hi> Mr.
<hi>Thomas Poulton,</hi> and Mr. <hi>Francis Ben<g ref="char:EOLhyphen"/>net</hi>
                     <pb n="134" facs="tcp:45653:75"/>
Being all called to the Barre,
we were commanded to hold up our
hands, and an Indictment of high
treaſon was read againſt us: and be<g ref="char:EOLhyphen"/>ing
asked whether we would plead
guilty or not guilty to the Indict<g ref="char:EOLhyphen"/>ment;
in the behalf of my ſelf and
of the Gentlemen therein charged,
I ſpake as followeth.</p>
                  <sp>
                     <speaker>Col. Penruddock,</speaker>
                     <p>My Lords, though
my education hath been ſuch as
not to give me thoſe advantages
which the knowledge of the Laws
would aſſiſted me with, for the de<g ref="char:EOLhyphen"/>fending
my ſelf: yet upon hearing
this very indictment, my reaſon
tells me, that it is illegall: and there<g ref="char:EOLhyphen"/>fore
I do demand Councell that
may diſpute the illegality there<g ref="char:EOLhyphen"/>of.</p>
                  </sp>
                  <sp>
                     <speaker>Serjeant Glyn.</speaker>
                     <p>Sir, you deſire that
which cannot be granted, therefore
give your anſwer whether you are
guilty or not guilty of the Treaſon
of which you ſtand charged.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir by your favour, it
is that which hath been granted to
my inferiors, <hi>(viz)</hi> to Mr. <hi>Lilburn</hi>
                        <pb n="135" facs="tcp:45653:75"/>
and to one <hi>Rolf</hi> a Shoemaker, and
I have as great a right to the Lawes
as any perſon that ſits here as my
Judge; I do therefore challenge it
as my right. Judge <hi>Nicholas</hi> whom
I there ſee, will tell you he himſelf
was councell for this <hi>Rolf:</hi> and it is
a hard caſe, if a free-born Gentle<g ref="char:EOLhyphen"/>man
of <hi>England</hi> cannot have the
ſame priviledge that his inferiors
have had before him.</p>
                  </sp>
                  <sp>
                     <speaker>Attorney Generall</speaker>
                     <p>Sir, there is a
great difference between Treaſon
acting and acted; the later is your
caſe: therefore flatter not yourſelf,
and do not think your being mute
ſhal ſave your eſtate in caſe of trea<g ref="char:EOLhyphen"/>ſon;
for if you plead not to the in<g ref="char:EOLhyphen"/>dictment,
ſentence will be pronoun<g ref="char:EOLhyphen"/>ced
againſt you, as if you had been
found guilty of the fact you are char<g ref="char:EOLhyphen"/>ged
with.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir, I obſerve your di<g ref="char:EOLhyphen"/>ſtinction:
but all the Logick you
have, ſhall not make me nor any
Rationall man acknowledge, that
this was either acting or acted, be<g ref="char:EOLhyphen"/>fore
it be proved Sir, it is but a
<pb n="136" facs="tcp:45653:76"/>
bare ſuſpicion, and I hope you will
not condemne me before I am con<g ref="char:EOLhyphen"/>victed:
I ſay the Indictment is il<g ref="char:EOLhyphen"/>legall,
and I do demand Coun<g ref="char:EOLhyphen"/>cell.</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>Sir, the Court muſt not
be dallied withall: I do peremtori<g ref="char:EOLhyphen"/>ly
demand of you, are you guilty or
not guilty? If you plead, you may
have favour, otherwiſe we ſhall pro<g ref="char:EOLhyphen"/>ceed
to ſentence.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen</speaker>
                     <p>Sir, put caſe I do plead,
ſhall I then have Councell allowed
me?</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>Sir, the Court makes no
bargains, refer your ſelf to us.</p>
                     <p>Hereupon my fellow-priſoners
perſwaded me to plead not guilty:
which being done, I demanded
Councell, as being partly promiſed
it. Mr. Attorney told me: I could
have none. Then I replyed?</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir, <hi>Durus eſt hic ſermo,</hi> it is
no more then Jexpected fromy you;
but rather then I will be taken off
unheard, I will make my own de<g ref="char:EOLhyphen"/>fence
as well as I can. The Jurors
being then called, I challenged a<g ref="char:EOLhyphen"/>bout
<pb n="137" facs="tcp:45653:76"/>
24 of the 35. I might have
challenged. The reſt of the Gentle<g ref="char:EOLhyphen"/>men
were ſent from the bar; I was
left alone upon my triall; and the
Jurors were ſo pact, that had I
known them, the iſſue had been the
ſame that it was. The Jurors be<g ref="char:EOLhyphen"/>ing
ſworn, and the Indictment a<g ref="char:EOLhyphen"/>gain
read, Mr. Atturney demanded
what exception I could make to it.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir, I except againſt e<g ref="char:EOLhyphen"/>very
part thereof: For I take it to
be illegall <hi>in toto Compoſito.</hi>
                     </p>
                  </sp>
                  <sp>
                     <speaker>Recorder Steel.</speaker>
                     <p>Sir, It is not uſual
for any Court to admit of generall
exceptions, therefore we expect that
you ſhould make it to ſome parti<g ref="char:EOLhyphen"/>cular.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir<g ref="char:punc">▪</g> I deſire a Copy of
my Indictment, and time untill tomorrow
to make my defence.</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>Sir, You cannot have it; the
Court expects you ſhould do it now.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Penruddock,</speaker>
                     <p>Then if I cannot
have time, if my Generall exception
might have been admitted, it would
have told you, that there can be no
high Treaſon in this nation, but it
<pb n="138" facs="tcp:45653:77"/>
muſt be grounded upon the Com<g ref="char:EOLhyphen"/>mon,
or the Statute law: But this
is neither ground upon the Com<g ref="char:EOLhyphen"/>mon
Law or the Statute <hi>ergo</hi> no
Treaſon (againſt a Protector who
hath no power according to Law:)
neither is there any ſuch thing in
Law as a Protector, for all Trea<g ref="char:EOLhyphen"/>ſons,
and ſuch pleas are <hi>Propria Cau<g ref="char:EOLhyphen"/>ſa
Regis.</hi>
                     </p>
                  </sp>
                  <sp>
                     <speaker>Ser. Glyn.</speaker>
                     <p>Sir, You are peremp<g ref="char:EOLhyphen"/>tory,
you ſtrike at the Govern<g ref="char:EOLhyphen"/>ment;
you will fare never a whit the
better for this ſpeech: ſpeak as to
any particular exception you have
to the Indictment.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Penruddock,</speaker>
                     <p>Sir, If I ſpeak any
thing which grates upon the pre<g ref="char:EOLhyphen"/>ſent
Government, I may confident<g ref="char:EOLhyphen"/>ly
expect your pardon: my life is as
deare to me, as this Government
can be to any of you The holy
Prophet <hi>David</hi> when he was in dan<g ref="char:EOLhyphen"/>ger
of his life, feigned himſelf mad,
&amp; the ſpittle hung upon his beard;
you may eaſily therefore excuſe my
imperfections. And ſince I am now
forced to give you my particular
<pb n="139" facs="tcp:45653:77"/>
exception (more plainly) to the
Indictment, I am bold to tell you,
I obſerve in the latter part of the
Indictment, you ſay I am guilty of
High Treaſon by vertue of a ſtatute
in that caſe made and provided. If
there be any ſuch Statute, pray let
it be read; I know none ſuch. My
Actions were for the King; and I well
remember what <hi>Bract<g ref="char:punc">▪</g>
                        </hi> ſaith, <hi>Rex non
habet ſuperiorem niſi Deum; ſatis habet
ad poenam, quod Deum expectat ultorem.</hi>
And in another place he ſaith, <hi>Rex
habet poteſtatem &amp; juriſdictionem ſuper
omnes qui in regno ſuo ſunt: ea quae ſunt
juriſdictionis &amp; pacis, ad nullum perti<g ref="char:EOLhyphen"/>nent,
niſi ad regiam dignitatem: habet
etiam coertionem, ut delinquentes puniat
&amp; coerceat:</hi> Again he ſaith, <hi>Omnes ſub
Rege, &amp; ipſe nullo niſi tantum Deo;
non eſt inferior ſibi ſubjectis; non parem
habet in regno ſuo.</hi> This ſhewes us
where the true power is. You ſhall
finde alſo.</p>
                     <p>That whoſoever ſhall refuſe to
aid the King when war is levied a<g ref="char:EOLhyphen"/>gainſt
him, or any that keep the
<pb n="140" facs="tcp:45653:78"/>
King from his juſt Rights; offends
the law, and is thereby guilty of
Treaſon. Again,</p>
                     <p>All men that adhere to the King
in perſonall ſervice are freed from
Treaſon by Law: and yet you tell
me of a Statute, which makes my
adhering to the King according to
Law, to be high Treaſon. <hi>Pray</hi> let
it be read.</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>You have not behaved
your ſelf ſo as to have ſuch a fa<g ref="char:EOLhyphen"/>vour
from the Court.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>
                        <hi>Sir,</hi> I require it not as
a favour, but as my Right.</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>Sir, you cannot have
it.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>If I cannot have it, theſe
Gentlemen that are the Jurors
have not offended you: their verdict
reaches to their ſouls, as to my life:
pray let not them go blindfold, but
let that Statute be their guide.</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>Sir, The Jury ought to
be ſatisfied with what hath been al<g ref="char:EOLhyphen"/>ready
ſaid, and ſo might you
too.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir, I thank you: you
<pb n="141" facs="tcp:45653:78"/>
now tell me what I muſt truſt to.</p>
                     <p>Mr Atturny then made a large
ſpeech in the face of the Court,
wherein he aggravated the offence
with divers circumſtances; as ſaying
I had been four years in <hi>France,</hi> and
held a coreſpondency with the King
my Maſter, of whom I had learned
the Popiſh Religion; That I endea<g ref="char:EOLhyphen"/>voured
to bring in a debauched
lewd young man, and to engage
this Nation in another bloody war;
and that if I had not been timely
prevented, I had deſtroyed them
(meaning the Jurors) and their
whole families. I interrupted him,
and ſaid.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Mr<g ref="char:punc">▪</g> Atturny, you have
been heretofore of Councel for me,
you then made my caſe better
then indeed it was; I ſee you have
the faculty to make men believe
falſehoods to be truth too.</p>
                  </sp>
                  <sp>
                     <speaker>At. Gen.</speaker>
                     <p>Sir, You interrupt me,
you ſaid but now, you were a gen<g ref="char:EOLhyphen"/>tleman.</p>
                  </sp>
                  <sp>
                     <speaker>Col. Pen.</speaker>
                     <p>Sir, I have been thought
<pb n="142" facs="tcp:45653:79"/>
worthy heretofore to ſit on the
bench, though now I am at the
bar Mr. Attorny then proceeded
in his ſpeech and called the wit<g ref="char:EOLhyphen"/>neſſes.
Then I ſaid,</p>
                     <p>Sir, You have put me in a bears
skin, and now you will bait me with
a witneſſe. But I ſee the face of a
gentleman here in the Court, (I
mean Captain <hi>Crook)</hi> whoſe con<g ref="char:EOLhyphen"/>ſcience
can tell him, that I had ar<g ref="char:EOLhyphen"/>ticles
from him, which ought to
have kept me from hence. Captain
<hi>Crook</hi> hereupon ſtood up, and his
guilty conſcience (I ſuppoſed) ad<g ref="char:EOLhyphen"/>viſed
him to ſit down again, after
he had made this ſpeech, (that is
to ſay) he opened his lips and ſpake
nothing. The ſeverall witneſſes
now come in, Mr <hi>Dove</hi> the Sheriff
of <hi>Wilts,</hi> and others; my charity
forbids me to tell you what many
of them ſwore: I ſhall therefore o<g ref="char:EOLhyphen"/>mit
that, and onely tell you, that
one of our own party (and indeed I
think an honeſt man) being forced
to give his evidence, I ſaid My Lords,
it is a hard caſe, that when you
<pb n="143" facs="tcp:45653:79"/>
find you cannot otherwiſe cleave
me in pieces, that you muſt look
after wedges made of my own tim<g ref="char:EOLhyphen"/>ber.
The vertuous Cryor of <hi>Bland<g ref="char:EOLhyphen"/>ford</hi>
being asked what were the
words I uſed in proclaiming King
<hi>Charles</hi> at the market, he ſaid, I
declared for <hi>Charles</hi> the Second,
and ſetling the true Proteſtant Re<g ref="char:EOLhyphen"/>ligion,
for the liberty of the Sub<g ref="char:EOLhyphen"/>ject,
and Priviledge of Parliaments.</p>
                     <p>Then I ſaid unto the Attorny
Generall and the whole Court,
you ſaid even now, that I had lear<g ref="char:EOLhyphen"/>ned
of the King my Maſter the Po<g ref="char:EOLhyphen"/>piſh
religion, and endeavoured to
bring him in: your own witneſs tells
you what, and whom I would bring
in, and it was the true Proteſtant,
and not the Popiſh Religion, his
Majeſtie is of, and intends to ſettle.
I urged divers caſes to make the
buſineſſe but a Riot (as my Lord
of <hi>Northumberlands)</hi> pretending it
was for the taking of Taxes, and
that the power was not declared to
be where they ſay it is. I required the
Judges to be of Councell for me,
<pb n="144" facs="tcp:45653:80"/>
&amp; told them it was their duty. Com<g ref="char:EOLhyphen"/>miſſioner
<hi>Liſle</hi> told me I ſhould have
no wrong, (but he meant Right)
but Judge <hi>Rolls</hi> and <hi>Nicholas</hi> con<g ref="char:EOLhyphen"/>feſſed
themſelves parties, therefore
would ſay nothing. Then I told
the Court, if I had ſeen a Crown
upon the head of any perſon, I had
known what had been Treaſon, the
Law of <hi>England</hi> would have taken
hold of me out of the reſpects it has
to Monarchy: There was no ſuch
land-marks before me; therefore I
conceive, I cannot be guilty of what
I am charged with. And my Lord
and Mr. Atturney, you here indict
me for a Treaſon committed at
<hi>Southmoulton</hi> in <hi>Devonſhire;</hi> and gen<g ref="char:EOLhyphen"/>tlemen
ye ſwear witneſſes againſt
me for facts done in other Counties.
<hi>Sarum, Blanford,</hi> and <hi>Southmoulton</hi>
are not in a pariſh. You puzzle the
Jurors with theſe circumſtances,
pray go to the kernell; and you
Gent of the Jury, ſave your labour
of taking thoſe notes. Mr. Attur<g ref="char:EOLhyphen"/>ney
then addreſſed himſelf to the
Jury, and to be ſhort, after the
<pb n="145" facs="tcp:45653:80"/>
ſpace of halfe an houre long, gave
them directions to bring me in
guilty: this being done, I craved
the favour from the Court, that I
might ſpeak to the Jury; which be<g ref="char:EOLhyphen"/>ing
allowed, I ſaid to them as fol<g ref="char:EOLhyphen"/>loweth,
or to the ſame effect.</p>
                     <p>Gent. You are called a Jury of
life and death; and happy will it
be for your ſouls, if you prove to
be a Jury of life. You have heard
what hath been ſaid to make my
actions Treaſon, and with what
vigor many untruths have been
urged to you. I have made appear
to you, that there can be no Trea<g ref="char:EOLhyphen"/>ſon
but againſt the King; that the
Law knowes no ſuch perſon as a
Protector. Mr. Atturney pretends
a Statute for it, but refuſeth the
reading thereof, either to me or
you; vilifies me at pleaſure, and
tells you I am a Papiſt, and would
bring in the Popiſh Religon: and
that if I had not been timely pre<g ref="char:EOLhyphen"/>vented,
I had deſtroyed you, I hope
you are al ſo ſatisfied of the con<g ref="char:EOLhyphen"/>trary,
from the mouth of one of
<pb n="146" facs="tcp:45653:81"/>
the beſt witneſſes. You are now
judges between me and theſe
judges. Let not the majeſty of their
looks, or the glory of their habits
betray you to a ſinne, which is of a
deeper dye then their ſcarlet; I
meane that ſinne, bloud, which
calls to heaven for vengence. Gent.
you doe not ſee a hair of my head
but is numbred, neither can you
make any one of them; much leſs can
you put breath into my noſtrils
when it is taken out: a ſparrow doth
not fall to the ground without the
providence of God, much leſſe ſhall
man, to whom he hath given do<g ref="char:EOLhyphen"/>minion
and rule over all the crea<g ref="char:EOLhyphen"/>tures
of the earth. Gent. look up<g ref="char:EOLhyphen"/>on
me, I am the Image of my crea<g ref="char:EOLhyphen"/>tour,
and that ſtamp of his which
is in my vizage, is not to be de<g ref="char:EOLhyphen"/>faced
without an account given,
wherefore it was, I have here chal<g ref="char:EOLhyphen"/>lenged,
as I am a Gentleman and
free-born man of <hi>England,</hi> the right
which the law allowes me; I de<g ref="char:EOLhyphen"/>manded
a copy of my Indict<g ref="char:EOLhyphen"/>ment,
and Councell, but it is de<g ref="char:EOLhyphen"/>nied
me. The Law which I would
<pb n="147" facs="tcp:45653:81"/>
have been tried by, is the known
Law of the land, which was drawn
by the wiſe conſultation of our
Princes, and by the ready pens of
our Progenitours. The Law which
I am now tried by is no Law, but
what is cut of by the poynt of a
rebellious ſword; and the ſheets in
which they are recorded, being
varniſhed with the moiſture of an
eloquent tongue, if you look not
well to it, may chance to ſerve for
ſome of your Shrouds. If the fear
of diſpleaſing others ſhall betray
you to find me guilty of any thing,
you can at the moſt, but make a riot
of this. Pray by the way take notice,
that the laſt Parliament would
not allow the Legiſlative power to
be out of themſelves; ſeventeen of
twenty in this very County were of
that opinion, and deſerted the
houſe: they were your Repreſen<g ref="char:EOLhyphen"/>tative:
if you finde me guilty, you
bring them in danger, and in them
your ſelves. Have a care of being
drawn into a ſnare. Gent. your
bloud may run in the ſame channel
with mine. If what I have ſaid, do
<pb n="148" facs="tcp:45653:82"/>
have been tried by, is the known
not ſatisfie you, ſo as to aquint me,
if you bring me in a ſpeciall verdict,
you do in ſome meaſure acquit
your ſelves, and throw the bloud
that will be ſpilt upon the Judges;
Conſider of it, and the Lord di<g ref="char:EOLhyphen"/>rect
you for the beſt.</p>
                     <p>The Jury after a quarter of an
houres retirement, brought me
in guilty: the Lord forgive them,
for they knew not what they did.</p>
                     <p>Upon <hi>Monday</hi> the 23 of <hi>April</hi> we
were again called to the bar, being
then in number twenty ſix. Ser<g ref="char:EOLhyphen"/>jeant
<hi>Glyn</hi> asked of me firſt, what
I could ſay for my ſelf, that I ſhould
not have ſentence according to the
Law? Then I ſaid,</p>
                     <p>My Lords &amp; Gentlemen you aske<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
what I can ſay for my ſelfe, that I
ſhould not have ſentence paſſe upon
me. The Jury found me guilty; if
I ſhould go about to make a defence
now, it would ſignifie no more
then as if my friends ſhould petition
for my pardon after I am excuted<g ref="char:punc">▪</g>
could have offered you articles here
but I thought them inconſiſten<gap reason="illegible" resp="#TECH" extent="1 letter">
                           <desc>•</desc>
                        </gap>
                        <pb n="149" facs="tcp:45653:82"/>
with this Court. When I look up<g ref="char:EOLhyphen"/>on
my offence (as to the Protect<g ref="char:EOLhyphen"/>our)
I conclude myſelf a dead man;
but when I reflect upon the favour
he hath ſhewed to others of my con<g ref="char:EOLhyphen"/>dition,
and the hopes <hi>I</hi> have of
your interceſſion, me thinks I feel
my ſpirits renewed again. My Lords,
death is a debt due from Nature;
has now the keeping the bond and
has put it in ſuit by his Attorny: if
he pleaſe to forbear the ſerving
me with an execution, and let me
keep it a little longer, I will pay
him the intereſt of thanks for it, as
as long as I live, and engage my po<g ref="char:EOLhyphen"/>ſterity
and a numerous allyance to
be bound for me. So the Lord di<g ref="char:EOLhyphen"/>rect
you all for the beſt. If I have
found favour I ſhall thank you; if
not, I ſhall forgive you.</p>
                     <p>This being done, Serjeant <hi>Glyn</hi> af<g ref="char:EOLhyphen"/>ter
a moſt bitter and nonſenſicall
ſpeech, gave ſentence againſt us;
<hi>(viz)</hi> to be drawn hanged and
quartred. A prety exchange for
unworthy <hi>Crooks</hi> Articles for life,
liberty and eſtate; which I can
<pb n="150" facs="tcp:45653:83"/>
prove, and will die upon. My triall
held at leaſt five hours. This is as
much as at preſent I can remember
of it; excuſe the errours.</p>
                     <p>One of the Jury being asked by
a Gent. why he found me guilty,
anſwered, He was reſolved to
hang me before he did ſee me.</p>
                     <p>I obſerve treaſon in this age to
be an <hi>individuum vagum,</hi> like the
wind in the Goſpel, which bloweth
where it liſteth; for that ſhall be
treaſon in me to day, which ſhall
be none in another to morrow, as it
pleaſeth Mr Attorny.</p>
                     <p>The<note n="*" place="margin">Witneſſe one <hi>Benner</hi> and <hi>Stroud</hi> who in open Court con<g ref="char:EOLhyphen"/>feſſed to be guilty of all they proved againſt me yet Mr<g ref="char:punc">▪</g> At<g ref="char:EOLhyphen"/>torney gave the Jury di<g ref="char:EOLhyphen"/>rections to find them not guilty<g ref="char:punc">▪</g>
                        </note> Judges are ſworn to do
juſtice according to the Laws of the
Land, and therefore have miſer<g ref="char:EOLhyphen"/>ably
perjured themſelves in con<g ref="char:EOLhyphen"/>demning
me contrary to Law: And
(not ſo contented) muſt cauſe the
Jury (ſo wiſe they were) (through
their falſe and unjuſt directions to
deſtroy their own rights and pro<g ref="char:EOLhyphen"/>perties,
and ſet up a new Arbi<g ref="char:EOLhyphen"/>trary
and Tyrannicall govern<g ref="char:EOLhyphen"/>ment.</p>
                     <p>The Judges would not give me
<pb n="151" facs="tcp:45653:83"/>
their advice in point of Law, (as
was their duty) becauſe they ſaid
they were parties; yet could ſit ſtill
on the Bench in their Robes, to
countenance (and approve of) my
Sentence.</p>
                     <p>No man can be a Judge where he
is a Party in the ſame cauſe;<note place="margin">
                           <hi>Hobart</hi> folio 120. Dact. <hi>Bo<g ref="char:EOLhyphen"/>names</hi> caſe 8 part of <hi>Cooks</hi> re<g ref="char:EOLhyphen"/>ports.</note> there<g ref="char:EOLhyphen"/>fore
my tryall was contrary to Law.</p>
                     <p>The Judges being parties, ought
not to ſit upon the bench (but
ſtand by:) therefore my triall
was illegall: the reſt being no Judges
but the Protectours immediate ſer<g ref="char:EOLhyphen"/>vants,
ſo could not be my Judges
in caſe of High Treaſon; for none
but the ſworn Judges of the Land
are capable of it by Law.</p>
                     <p>One thing of Colonel <hi>Dove</hi> the
reverend Sheriff of <hi>Wilts,</hi> who that
the Jury might be ſufficiently in<g ref="char:EOLhyphen"/>cenſed,
complaining of the many
incivilities (he pretended) were
offered him by our party, being
upon his Oath, ſaid that one of our
men did run him through the ſide
with a Carbine, Surely it was a very
ſmall one, for the wound was not
diſcernable.</p>
                     <p>
                        <pb n="152" facs="tcp:45653:84"/>
A great deal of paines every man
in his place took for the carrying
on their Maſters work.</p>
                     <p>Be mercifull unto me O Lord,
be mercifull unto me; under the
ſhadow of they wings will I hide
my ſelfe till this Tyranny be over<g ref="char:EOLhyphen"/>paſt.</p>
                  </sp>
                  <closer>Glory be to God on High,
in earth peace good will to<g ref="char:EOLhyphen"/>wards
men; and ſo have
mercy on me, O Lord.
<signed>JOHNN PENR<g ref="char:V">Ʋ</g>DDOCK</signed>
                  </closer>
               </div>
               <div type="letter">
                  <pb n="153" facs="tcp:45653:84"/>
                  <head>Mrs. Penruddock's
laſt letter to her
honourable and
dear Husband.</head>
                  <opener>
                     <salute>My dear heart,</salute>
                  </opener>
                  <p>MY ſad parting was ſo far from
making me forget you, that I
ſcarce thought on my ſelf ſince,
but wholy upon you. Thoſe dear embraces
which I yet feel, and ſhall never looſe
being the faithfull teſtimonies of an in<g ref="char:EOLhyphen"/>dulgent
husband, have charmed my ſoul
to ſuch a reverence of your remembrance,
that were it poſſible, I would with my
own blood cement your dead limbs to
<pb n="154" facs="tcp:45653:85"/>
life again, and (with reverence) think it no
ſin to rob heaven a little while longer of
a Martyr. Oh my dear! you muſt now
pardon my paſſion, this being my laſt (oh
fatall word!) that ever you will receive
from me. And know that untill the laſt
minuit that I can imagine you ſhall live,
I will ſacrifice the prayers of a Chriſti<g ref="char:EOLhyphen"/>an,
and the grones of an afflicted wife:
And when you are not, (which ſure by
ſympathie I ſhall know) I ſhall wiſh my
own diſſolution with you, that ſo we may
go hand in hand to heaven: Tis to late
to tell you what I have (or rather have
not) done for you; how turned out of
doores, becauſe I came to beg mercy: the
Lord lay not your blood to their charge. I
would fain diſcourſe longer with you, but
Paſſion begins to drawn my Reaſon, and
will rob me of my devoire, which is all I
have left to ſerve you. Adieu therefore,
ten thouſand times my deareſt dear; and
ſince I muſt never ſee you more, take
this prayer; May your Faith be ſo
ſtrengthened, that your Conſtancy
may continue; and then I know that
heaven will receive you, whether grief
<pb n="155" facs="tcp:45653:85"/>
and love will in a ſhort time (I hope)
tranſlate.</p>
                  <closer>
                     <date>
                        <hi>May the 3.</hi> at 11 at
clock at night</date>
                     <salute>My dear,</salute>
                     <signed>Your ſad, but
conſtant wife
even to love
your aſhes when dead,
Arundel Penruddock.</signed>
                  </closer>
                  <closer>Your children beg your bleſſing,
and preſent their duties to you.</closer>
               </div>
               <div type="letter">
                  <pb n="156" facs="tcp:45653:86"/>
                  <head>The laſt letter from
the honourable Colonel Pen<g ref="char:EOLhyphen"/>ruddock,
in anſwer to
his vertuous Lady.</head>
                  <opener>
                     <salute>MY DEAREST HEART,</salute>
                  </opener>
                  <p>I Even now received thy farewell
letter: each word whereof repre<g ref="char:EOLhyphen"/>ſents
unto me a moſt lively Em<g ref="char:EOLhyphen"/>bleme
of your affection, drawn with
thy own hand in water colours, to
the figure of a deaths head. My
dear, I imbrace it, as coming firſt
from God, and then from Man:
<hi>for what is there done in this City that
the Lord hath not permitted?</hi> I look up<g ref="char:EOLhyphen"/>on
every line of thine, as ſo many
threads twiſted together in to that
of my life, which being now woven,
my meditations tells me, will make
a fit remnant for my winding ſheet.
Upon the reading thereof, I may
ſay with the Prophet, <hi>I ſhould have
utterly fainted, but that I believe verily
too ſee the goodneſſe of the Lord in the
land of the living.</hi> As this is mine,
<pb n="157" facs="tcp:45653:86"/>
my dear, ſo let it be thy conſolati<g ref="char:EOLhyphen"/>on.
When I think what a wife and
what children I go from, and look
no further, I begin to cry, <hi>O wretch<g ref="char:EOLhyphen"/>ed
man that I am!</hi> But when my
thoughts ſoar higher, and fix them
ſelves upon thoſe things which are
above, where I ſhall find, God my
Creatour to my Father, and his
Son my Redeemer to my Brother,
(for ſo they have vouchſafed to
term themſelves;) then I lay aſide
thoſe relations, and do of all love
my dear deſire thee, not to look to<g ref="char:EOLhyphen"/>wards
my grave where my Body
lies, but toward the heaven, where
I hope my Soul ſhall gain a Manſion
in my Fathers houſe. I do ſtedfaſtly
believe, that God hath heard the
prayers of my friends, and thine,
and mine: and how knoweſt thou
O woman, whether thou haſt not
ſaved thy husband? Let thoſe conſi<g ref="char:EOLhyphen"/>derations
raiſe thy ſpirit, I beſeech
thee; and that for Gods ſake and
mine. Though I ly among the chil<g ref="char:EOLhyphen"/>dren
of men, which are ſet on fire
againſt me; yet under the ſhadow
<pb n="158" facs="tcp:45653:87"/>
of the Almighties wings, I will hide
my ſelfe till this tyranny be over<g ref="char:EOLhyphen"/>paſt.
The greateſt conflict I have
had in this extremitie, was my part<g ref="char:EOLhyphen"/>ing
with thee: the next encounter
is to be with Death; and my Savi<g ref="char:EOLhyphen"/>our
hath ſo pulled out the ſting
thereof, that I hope to aſſault it
without fear. Though the Armes of
men have been too hard for me,
yet I am now liſting my ſelfe under
the conducct of my Soveraign, and
an Army of Martyrs, that the gates
of hell cannot prevaile againſt. My
dear, I have now another ſubject to
think on, therefore you muſt excuſe
the imperfections you finde here. I
have formerly given you directions
concerning my children, to which
I ſhall refer you. May the bleſſing
of Almighty God be upon thee and
them, and may there not want a
man of my name to be ready to be
a ſacrifice in this cauſe of God, and
his Church, ſo long as the Sun and
Moon ſhall endure. I ſhall now cloſe
up all, with deſiring you to give a
teſtimony for me to the world, that
<pb n="159" facs="tcp:45653:87" rendition="simple:additions"/>
I die with ſo much Charity, as to
forgive all my enemies<g ref="char:punc">▪</g> I will joyn
them in my laſt prayers, for my
friends: Amongſt which, you and
my children are for my ſake obli<g ref="char:EOLhyphen"/>ged
to pay a perpetuall acknow<g ref="char:EOLhyphen"/>ledgment
to Mr <hi>Rolles</hi> and his Lady,
and my couſin<note n="*" place="margin">
                        <hi>Nota be<g ref="char:EOLhyphen"/>ne</hi> Mr <hi>Se<g ref="char:EOLhyphen"/>baſtine Iſack</hi> al<g ref="char:EOLhyphen"/>though he ſeemed very ſollicitous for Colonel <hi>Penruddock</hi> in his life, ſince his death hath been very unworthy to his memory (contrary to his promiſe, to the ſaid Colonel, in his life) and hath done contrary to the will of the dead, the truſt repoſed in him, the principle of honour and much unbecoming a Gent.</note> Mr <hi>Sebaſtine Iſack,</hi>
for their great ſollicitations on my
behalf If<g ref="char:punc">▪</g> I ſhould forget this City of
<hi>Exeter</hi> for their civilities to my own
ſelfe in particular, and indeed to
all of us, I ſhould leave a reproach
behind me. I will give them thanke
at my death; and I hope you and
yours will do it when I am dead.
My dear heart, I once more bid the
adieu, and with as much love and
<pb n="160" facs="tcp:45653:88" rendition="simple:additions"/>
ſincerity as can be imagined, ſub<g ref="char:EOLhyphen"/>ſcribe
my ſelfe.</p>
                  <closer>
                     <signed>Thy dying and
loving Husband
John Penruddock.</signed>
                     <dateline>Exon <date>May 7</date>
                     </dateline> and the
<note n="*" place="margin">Note, when this letter was writ, Colonel <hi>Penruddock</hi> did not know other then that he was to die the ſame day.</note> 
                     <dateline>
                        <date>laſt year and day of my
date being the year of
my Saviour 1655.</date>
                     </dateline>
                  </closer>
               </div>
               <div type="speech">
                  <pb n="161" facs="tcp:45653:88"/>
                  <head>The ſpeech of the Honourable Colo<g ref="char:EOLhyphen"/>nell
<hi>Penruddock,</hi> the greateſt part
whereof he delivered upon the Scaffold
in Exon Caſtle the 16. day of <hi>May,
1655.</hi> the whole he left with a Gent.
and friend of his, written with his own
hand; which is as followeth.</head>
                  <head type="sub">Together with the manner of
his being beheaded.</head>
                  <argument>
                     <p>As he was aſcending the Scaffold,
baring his knees, and humbly
bowing him himſelfe, he uſed
theſe words; This I hope will prove
to be like <hi>Jacobs</hi> ladder; though
the feet of it reſt on earth, yet I
doubt not, but the top of it reach<g ref="char:EOLhyphen"/>eth
to Heaven.</p>
                     <p>When he came upon the Scaf<g ref="char:EOLhyphen"/>fold,
he ſaid.</p>
                     <p>O wreteched man that I am, who ſhall
deliver me from this body of death? I
thank God who hath given me victory
though our Lord Jeſus Chriſt.</p>
                     <p>Then with a bundance of Chri<g ref="char:EOLhyphen"/>ſtian
chearfullneſſe he ſpake to the
people as followeth.</p>
                  </argument>
                  <pb n="162" facs="tcp:45653:89"/>
                  <opener>
                     <salute>GENTLEMEN,</salute>
                  </opener>
                  <p>IT hath ever been the cuſtome of all per<g ref="char:EOLhyphen"/>ſons
whatſoever when they come to die,
to give ſome ſatisfaction to the world,
whether they be guilty of the fact of which
they ſtand charged. The crime for which
I am now to die, is Loyalty, (but) in
this age called high Treaſon. <hi>I</hi> cannot
deny, but that <hi>I</hi> was at <hi>South-moulton</hi>
in this County: but whether my being
there, or my action there, amount to ſo
high a crime as high Treaſon; I leave
to the world and the Law to judge. Truly,
if I were conſcious to my ſelf of any baſe
ends that I had in this under taking, I
would not be ſo jurious to my own ſoul, or
diſingenuous to you, as to make a publick
acknowledgement thereof. I ſuppoſe that
divers perſons, according as they are by
their ſeverall intreſts &amp; relation biaſſed,
give their opinions to the world concern<g ref="char:EOLhyphen"/>ing
us, I conceive it impoſſible therefore
ſo to expreſs my ſelf in this particular,
as not to expoſe both my judgement and
reputation to the cenſure of many which
<hi>I</hi> ſhall leave behind me. Becauſe I will
not put others (therefore) upon a breach
<pb n="163" facs="tcp:45653:89"/>
of charity concerning me or my actions,
I have thought fit to decline all diſcourſes
which may give them a capacity either
to injure themſelves or me. My Tryall
was publick and my ſeverall examina<g ref="char:EOLhyphen"/>tions
<hi>(I</hi> believe) will be produced when
I am in my grave. I will refer you there<g ref="char:EOLhyphen"/>fore
to the firſt, which I am ſure ſome of
you heard, and to the later, which
many of you (in good time) may ſee
Had Captain <hi>Crook</hi> done himſelf
and us that right which a Gentleman
and a Souldier ought to have done, I had
not now been here. The man I forgive
with all my heart: but truly Gent his pro<g ref="char:EOLhyphen"/>teſting
againſt thoſe Articles he himſelf
with ſo many proteſtations and importu<g ref="char:EOLhyphen"/>nities
put upon us, hath drawn ſo much
diſhonour and blood upon his own head,
that <hi>I</hi> fear ſome heavy judgement will
purſue him. Though he hath been falſe
to us, I pray God that <hi>I</hi> doe not prove
a true prophet to him.</p>
                  <p>Nay, I muſt ſay more, that coming
on the road to <hi>Exon,</hi> he the ſaid Captain
<hi>Crook</hi> told me, Sir <hi>Joſeph Wagſtaffe</hi>
was a gallent Gentleman, and that he
was ſorry that he was not taken with us;
<pb n="164" facs="tcp:45653:90"/>
that then he might have had the benefit
of our Articles: but now (ſaid he) <hi>I</hi> have
beſet all the Country for him, ſo that
he cannot eſcape, but muſt be hanged</p>
                  <p>He alſo queſtioned me, as I paſſed
through <hi>Salisbury</hi> from <hi>London,</hi>
whether he had given me conditions.
Which <hi>I</hi> endeavoring to make appear to
Major <hi>Butler:</hi> he interrupted me, and
unwillingly confeſſed it, ſaying, <hi>I</hi> profered
him four hundred pounds to performe his
Articles: which had been a ſtrange pro<g ref="char:EOLhyphen"/>fer
of mine, had <hi>I</hi> not really conditioned
with him. And I told him then (having
found him unworthy) <hi>I</hi> would have given
him five hundred pounds, believing him
to be mercenary. To make it further ap<g ref="char:EOLhyphen"/>pear,
I injure him not by ſtyling him
unworthy, after theſe Articles were given
he profered to piſtol me, if I did not per<g ref="char:EOLhyphen"/>ſwade
another houſe to yield, which then
were boldly reſiſting. To which my ſer<g ref="char:EOLhyphen"/>vent
<hi>Iohn Biby</hi> (now a priſoner) re<g ref="char:EOLhyphen"/>plyed,
I hope you will not be ſo unworthy,
as to break the Law of Arms.</p>
                  <p>Thus much <hi>I</hi> am obliged to ſay to the
honour of the Souldery, that they have
been ſo far from breaking any Articles
<pb n="165" facs="tcp:45653:90"/>
given to others, that they have rather
bettered them then otherwiſe.</p>
                  <p>It is now our misfortune to be made
preſidents and examples together, but I
will not do the Protectour ſo much injury
as to load him with this diſhonour; ſince
<hi>I</hi> have been informed, that he would
have made our conditions good, if <hi>Crook</hi>
that gave them had not abjur'd them.</p>
                  <p>This is not a time for me to inlarge
upon any ſubject, ſince <hi>I</hi> am now become
the Subject of death: But ſince the Arti<g ref="char:EOLhyphen"/>cles
were drawn by my hand, I thought
my ſelfe obliged to a particular Juſtifi<g ref="char:EOLhyphen"/>cation
of them.</p>
                  <p>
                     <hi>I</hi> could tell you of ſome ſouldiers which
are turned out of his troup for defending
thoſe conditions of ours: but let that paſs;
and hence forward inſtead of life, liberty
and eſtate (which were the Articles a<g ref="char:EOLhyphen"/>greed
upon) let drawing, hanging and
quartring bear the Denomination of
Captain <hi>Crooks</hi> Articles.</p>
                  <p>However I thank the Protectour for
granting me this honourable Death.</p>
                  <p>
                     <hi>I</hi> ſhould now give you an accompt of my
Faith. But truly gentlemen, this poor Na<g ref="char:EOLhyphen"/>tion
is rent into ſo many ſeveral opinions,
<pb n="166" facs="tcp:45653:91"/>
that it is impoſſible for me to give you
mine without diſpleaſing ſome of you.
However, if any be ſo criticall as to in<g ref="char:EOLhyphen"/>quire
of what Faith I die, <hi>I</hi> ſhall refer
him to the Apoſtles, <hi>Athanaſius,</hi> and
the <hi>Nicene</hi> Creed, and to the teſtimo<g ref="char:EOLhyphen"/>ny
of this Reverend gentleman Dr.
<hi>Short,</hi> to whom <hi>I</hi> have unboſomed my
ſelf: and if this do not ſatisfie, look in
the thirty nine Articles of the Catholick
Church of <hi>England;</hi> to them <hi>I</hi> have
ſubſcribed and do own them as authen<g ref="char:EOLhyphen"/>tick.</p>
                  <p>Having now given you an account
concerning my ſelf; <hi>I</hi> hold my ſelfe ob<g ref="char:EOLhyphen"/>liged
in duty to ſome of my friends, to
take off a ſuſpicion which lyes upon them:
<hi>I</hi> mean as to ſome perſons of Honour,
which upon my examination <hi>I</hi> was char<g ref="char:EOLhyphen"/>ged
to have held correſpondency with.
The Marqueſſe of <hi>Hartford,</hi> the Mar<g ref="char:EOLhyphen"/>queſſe
of <hi>Wincheſter,</hi> and my Lord
of <hi>Pembrook</hi> were the perſons nomi<g ref="char:EOLhyphen"/>nated
to me. I did then acquit them, and
do now ſecond it with this proteſtation,
That I never held any correſpondence
with either or any of them, in relation to
this particular buſineſſe, or indeed to
<pb n="167" facs="tcp:45653:91"/>
any thing which concerned the Protect<g ref="char:EOLhyphen"/>our
or his Government. As for the Mar<g ref="char:EOLhyphen"/>queſſe
of <hi>Wincheſter,</hi> I ſaw him ſome
twelve years ſince, and not later; and
if <hi>I</hi> ſhould ſee him here preſent, <hi>I</hi> believe
<hi>I</hi> ſhould not know him. And for the Earle
of <hi>Pembrook,</hi> he was not a man likely
to whom <hi>I</hi> ſhould diſcover my thoughts,
becauſe he is a man of a contrary judg<g ref="char:EOLhyphen"/>ment.</p>
                  <p>
                     <hi>I</hi> was examined likwiſe concerning my
Brother <hi>Freke,</hi> my Couſin <hi>Haſtings,</hi>
Mr <hi>Dorrington</hi> and others. It is pro<g ref="char:EOLhyphen"/>bable
their eſtates may make them lyable
to this my condition: but <hi>I</hi> do here ſo far
acquit them, as to give the world this
farther proteſtation; that <hi>I</hi> am confident
they are as innocent in this buſineſſe
as the youngeſt child here.</p>
                  <p>I have no more to ſay to you now, but
to let you know, that I am in charity
with all men; I thank God: <hi>I</hi> both can
and do forgive my greateſt perſecutors,
and all that ever had any hand in my
death.</p>
                  <p>I have offered the Protectour as good
ſecurity for my future demeanour as I
ſuppoſe he could have expected if he had
<pb n="168" facs="tcp:45653:92"/>
thought fit to have given me my life;
certainly I ſhould not have been ſo un<g ref="char:EOLhyphen"/>gratefull
as to have imployed it againſt
him. <hi>I</hi> do humbely ſubmit to Gods plea<g ref="char:EOLhyphen"/>ſure,
knowing that the iſſues of life and
death are in his hand. My bloud is but
a ſmall ſacrifice, if it had been ſaved,
<hi>I</hi> am ſo much a Gentleman as to have
given thanks to him that had preſerved
it; and ſo much a Chriſtian<g ref="char:punc">▪</g> as to
forgive them which take it But ſeeing
God by his providence hath called me to
lay it down, <hi>I</hi> willingly ſubmit to it,
though terrible to nature; but bleſſed be
my Saviour, who hath taking out the
ſting; ſo that <hi>I</hi> look upon it without ter<g ref="char:EOLhyphen"/>rour.
Death is a debt, and a due debt;
and it hath pleaſed God to make me ſo
good a Huſband, that <hi>I</hi> am come to pay
it before it is due. <hi>I</hi> am not a ſhamed of
the cauſe for which <hi>I</hi> die, but rather re<g ref="char:EOLhyphen"/>joyce
that <hi>I</hi> am thought worthy to ſuffer in
the defence &amp; cauſe of Gods true Church,
my lawfull King, the liberty of the ſub<g ref="char:EOLhyphen"/>ject,
and Priviliege of Parliaments:
Therefore <hi>I</hi> hope none of mine alliance &amp;
friends will be aſhamed of it, it is ſo far
from pulling down my Family, that <hi>I</hi> look
<pb n="169" facs="tcp:45653:92"/>
upon it as the raiſing it one ſtory higher.
Neither was I ſo prodigall of nature as
to throw away my life, but have uſed
(though none but honourable and ho<g ref="char:EOLhyphen"/>neſt)
means to preſerve it.</p>
                  <p>Theſe unhappy times indeed have been
very fatall to my family: two of my Bro<g ref="char:EOLhyphen"/>thers
already ſlain, and my ſelf going to
the ſlaughter: it is Gods will, and I hum<g ref="char:EOLhyphen"/>bly
ſubmit to that providence.</p>
                  <p>I muſt render an acknowledgment of
the great civilities that I have received
from this City of <hi>Exon,</hi> and ſome per<g ref="char:EOLhyphen"/>ſons
of quality, and for their plentiful
proviſion made for the priſoners. I thank
Mr. Sheriff for his favour towards us, in
particular to my ſelf; and I deſire him
to preſent my due reſpects to the Protect<g ref="char:EOLhyphen"/>our,
and though he had no mercy for my
ſelf, yet that he would have reſpect to my
family.</p>
                  <p>I am now ſtriping off my cloaths to
fight a duell with death, (I conceive no
other duell lawfull) but my Saviour
hath puld out the ſting of this mine ene<g ref="char:EOLhyphen"/>my,
by making himſelf a ſacrifice for
me: And truly I do not think that man
deſerving one drop of his bloud, that
<pb n="170" facs="tcp:45653:93"/>
will not ſpend all for him in ſo good
a cauſe.</p>
                  <p>The truth is, Gentlemen, in this age,
Treaſon is an <hi>Individuum vagum,</hi> like
the wind in the Goſpell, it bloweth where
it liſteth: So now treaſon is what they
pleaſe, and lighteth upon whom they will.
Indeed no man, except he will be a Trai<g ref="char:EOLhyphen"/>tour,
can avoid this Cenſure of Treaſon:
I know not to what end it may come, but
I pray God my own, and my brothers
bloud that is now to die with me, may be
the laſt upon this ſcore.</p>
                  <p>Now Gentlemen, you may ſee what a
condition you are in without a King: you
have no law to protect you, no rule to
walk by; when you performe your duty to
God, your King and Countrey, you diſ<g ref="char:EOLhyphen"/>pleaſe
the Arbitrary power now ſet up:
(I cannot call it government.) I ſhall
leave you to peruſe my triall, and there
you ſhall ſee, what a condition this poor
Nation is brought into; and (no queſtion)
will be utterly deſtroyed, if not reſtored
(by Loyal Subjects) to its old and glori<g ref="char:EOLhyphen"/>ous
Government. I Pray God he lay not
his Judgement upon <hi>England</hi> for their
ſluggiſhneſſe in doing their duty, and rea<g ref="char:EOLhyphen"/>dineſs
<pb n="171" facs="tcp:45653:93"/>
to put their hands in their bo<g ref="char:EOLhyphen"/>ſomes,
or rather taking part with the
Enemy of Truth. The Lord open their
eyes, that they may be no longer lead, or
drawn into ſuch ſnares: elſe the Child
unborn will curſe the day of their Pa<g ref="char:EOLhyphen"/>rents
birth.</p>
                  <p>God Almighty preſerve my lawful King
<hi>Charles</hi> the ſecond, from the hands of
his Enemies, and breake down the wall of
Pride and Rebellion, which ſo long
hath kept him from his juſt Rights. God
perſerve his Royal Mother, and all his
Majeſties Royall Brethren, and incline
their hearts to ſeek after him. God in<g ref="char:EOLhyphen"/>cline
the hearts of all true <hi>Engliſh</hi> men,
to ſtand up as one Man to bring in the
King; and Redeem themſelves and this
poor Kingdome, out of its more then <hi>E<g ref="char:EOLhyphen"/>gyptian</hi>
ſlavery.</p>
                  <p>As I have now put off theſe garments
of cloth, ſo <hi>I</hi> hope <hi>I</hi> have put off my gar<g ref="char:EOLhyphen"/>ments
of ſin, and have put on the Robes
of Chriſts Righteouſneſſe here, which
will bring me to the enjoyment of his glo<g ref="char:EOLhyphen"/>rious
Robes anon.</p>
                  <p>Then he kneeled down and kiſſed the
block, and ſaid thus: <hi>I</hi> commit my ſoul
<pb n="172" facs="tcp:45653:94"/>
to God my Creatour and Redeemer. Look
on me, O Lord at my laſt gaſping. Here
my prayer, and the prayers of all good
people. <hi>I</hi> thank thee, O God for all thy
diſpenſation towards me.</p>
                  <p>Then kneeling down, he prayed moſt de<g ref="char:EOLhyphen"/>voutly,
as followeth.</p>
                  <p>O Eternal, Almighty, and moſt mer<g ref="char:EOLhyphen"/>cifull
God, the Righteous Judge of all
the world, look down in mercy on me a
miſerable ſinner. O bleſſed Jeſus Redee<g ref="char:EOLhyphen"/>mer
of Mankind, which takeſt away the
ſinnes of the world, let thy perfect manner
of obedience be preſented to thy Heaven<g ref="char:EOLhyphen"/>ly
Father for me. Let thy precious death
and bloud be the Ranſome and ſatisfa<g ref="char:EOLhyphen"/>ction
of my many and hainous tranſgreſ<g ref="char:EOLhyphen"/>ſions.
Thou that ſitteſt at the right hand
of God, make interceſſion for me. O ho<g ref="char:EOLhyphen"/>ly
and bleſſed Spirit, which art the com<g ref="char:EOLhyphen"/>forter,
fill my heart with thy conſolati<g ref="char:EOLhyphen"/>on,
O holy, bleſſed, and glorious Trini<g ref="char:EOLhyphen"/>ty,
be mercifull to me, confirm my faith,
in the promiſes of the Goſpel, revive and
quicken my hope and expectation of joyes,
prepared for true and faithfull ſer<g ref="char:EOLhyphen"/>vants.
Let the infinite Love of God my
Saviour make my love to him ſtedfaſt,
<pb n="173" facs="tcp:45653:94"/>
ſincere, and conſtant.</p>
                  <p>O Lord conſider my condition, accept
my tears, aſſwage my grief, give me
comfort and confidence in thee: impute
not unto me my former ſinnes, but moſt
mercifull Father receive me into thy fa<g ref="char:EOLhyphen"/>vour
for the merits of Chriſt Jeſus. Many
and grievous are my ſinnes, for <hi>I</hi> have
ſinned many times againſt the light of
knowledge againſt remorſe of conſcience,
againſt the motions and opportunities of
grace. But accept <hi>I</hi> beſeech thee, the
ſacrifice of a broken and contrite heart,
in and for the perfect ſacrifice, oblation,
and ſatisfaction of thy Son Jeſus Chriſt.
O Lord receive my ſoul after it is deli<g ref="char:EOLhyphen"/>vered
from the burthen of the fleſh into
perfect joy in the ſight and fruition of
thee. And at the generall reſurrection
grant that my body may be endowed with
immortality, and received with my ſoul
into glory.</p>
                  <p>
                     <hi>I</hi> praiſe thee O God, <hi>I</hi> acknowledge
thee to be the Lord. O Lamb of God,
that takeſt away the ſins of the world,
have mercy on me. Thou that ſitteſt at
the right hand of God, hear my prayer.
O Lord Jeſus Chriſt, God and Man, Me<g ref="char:EOLhyphen"/>diatour
<pb n="174" facs="tcp:45653:95"/>
betwixt God and Man, <hi>I</hi> have
ſinned as a Man; be thou mercifull to me
as a God, O holy and bleſſed Spirit, help
my infirmities, with thoſe ſighs and groans
which I cannot expreſſe.</p>
                  <p>Then he deſired to ſee the Axe, and
kiſſed it, ſaying, <hi>I</hi> am like to have a ſharp
paſſage of it, but my Saviour hath ſweet<g ref="char:EOLhyphen"/>ned
it unto me.</p>
                  <p>Then he ſaid, if <hi>I</hi> would have been ſo
unworthy as others have been, <hi>I</hi> ſuppoſe, <hi>I</hi>
might by a lie have ſaved my life which
<hi>I</hi> ſcorn to purchaſe at ſuch a rate. <hi>I</hi> defie
ſuch temptations, and them that gave
them me.</p>
                  <p>Glory be to God on high: On Earth
peace: Good will towards Men. And the
Lord have mercy upon my poor ſoul. A<g ref="char:EOLhyphen"/>men.</p>
                  <p>So laying his Neck upon the block, af<g ref="char:EOLhyphen"/>ter
ſome private Ejaculations, he gave
the Heads-man a ſign with his hand,
who at one blow, ſevered his head from
his body.</p>
               </div>
               <div type="speech">
                  <pb n="175" facs="tcp:45653:95"/>
                  <head>The Speech of that piouſly reſolved
Hugh Grove of Chiſenbury
in the pariſh of Enford and
County of Wilts Eſquire,
beheaded the 16 day of
<date>May. 1655.</date> in the
Caſtle at Exon</head>
                  <opener>
                     <salute>Good people.</salute>
                  </opener>
                  <p>I Never was guilty of much Rhe<g ref="char:EOLhyphen"/>torick,
nor ever loved long
Speeches in all my life, and there<g ref="char:EOLhyphen"/>fore
you cannot expect either of
them from me now at my death.
All that I ſhall deſire of you,
beſides your hearty prayers for
my ſoul, is; That you will bear
me witneſs, I die a true ſonne of
the Church of <hi>England,</hi> as it was
eſtabliſhed by King <hi>Edward</hi> the
ſixth, Queen <hi>Elizabeth,</hi> King <hi>James,</hi>
and King <hi>Charles</hi> the firſt of ever
bleſſed memory: That I die a Loy<g ref="char:EOLhyphen"/>all.
<pb n="176" facs="tcp:45653:96"/>
Subject to King <hi>Charles</hi> the
ſecond, my undoubted Soveraigne
and a lover of the good old
Laws of the Land, the juſt Privi<g ref="char:EOLhyphen"/>ledges
of Parliaments, and Rights
and Liberties of the People; for
the re-eſtabliſhing of all which I doe
under take this engagement, and
for which I am ready to lay down
my life. God forgive the bloudy
minded Jury, and thoſe that pro<g ref="char:EOLhyphen"/>cured
them: God forgive Captain
<hi>Crook</hi> for denying his Articles ſo
unworthily: God forgive Mr. <hi>Dove,</hi>
and all other perſons ſwearing ſo
maliciouſly and falſely againſt me:
God forgive all my enemies; I hear<g ref="char:EOLhyphen"/>tily
forgive them. God bleſſe the
King and all that love him, turn
the hearts of all that hate him; God
bleſſe you all, and be mercifull to
you and to my ſoul, Amen.</p>
                  <p>And ſo meekly laying his neck
to the block, and giving a ſigne,
his head at one blow, and a draw
of the axe, was ſevered from his
bodie.</p>
                  <trailer>FINIS.</trailer>
                  <pb facs="tcp:45653:96"/>
               </div>
            </body>
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