Miscellaneous Historical Documents, RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1649. (continued 2)

Beside Preston in Lancashere, Cromwell falls on Sir Marmadukes flanke. The English imagine it was one Colonell Ashton, a powerfull presbiterian, who had got together about 3000 men to oppose us, because we came out of Scotland without the Generall Assemblies permission. Marke the quarrell. While Sir Marmaduke disputs the matter, Baillie, by the Dukes order, marcheth to Ribble Bridge, and passeth it with all the foot, except tuo brigads. This was tuo miles from Preston. By my Lord Dukes command, I had sent some amunition and commanded men to Sir Marmaduks assistance; bot to no purpose; for Cromwell prevaild, so that our English first retird and then fled. It must be remembered that the night before this sad rencounter, E. Calander and Middleton were gone to Wigham, eight miles from thence, with a considerable part of the cavalrie. Calander was comd backe, and was with the Duke, and so was I; bot upon the rout of Sir Marmaducks people, Calander got away to Ribble, where he arrivd safelie by a miracle, as I thinke; for the enemie was betueene the bridge and us, and had killd or taken most part of our tuo brigads of foot. The Duke with his guard of horse, Sir Marmaduke with many officers, among others myselfe, got into Preston toune, with intention to passe a foorde below it, thogh at that time not rideable. At the entrie of the toune the enemie pursued us hard. The Duke facd about, and put tuo troops of them to a retreate; bot so soone as we turnd from them, they turnd upon us. The Duke facing the second time, charged them, which succeded well. Being pursued the third time, my Lord Duke cryd to charge ance more for King Charles. One trooper refuseing, he beate him with his suord. At that charge we put the enemie so farre behind us, that he could not overtake us so soone. Then Sir Marmaduke and I entreated the Duke to hast him to his armie; and truelie he shew heere as much personall valour as any man could be capable of. We suimd the river, and so got to the place where Lieutenant Generall Baillie had advantageouslie lodgd the foot on the top of a hill, among very fencible inclosures.

After Calander came to the infantrie, he very inadvisedlie sent sixe hundreth musketeers to defend Ribble bridge; for the way Cromwell had to it was a descent from a hill that commanded all the champaigne, which was about ane English quarter of mile in length betueene the bridge and that hill where our foot were lodged; so that our musketeers haveing no shelter, were forced to ressave all the musketades of Cromwells infantrie, which was secure within thlcke hedges; and after the loss of many men, were forced to runne backe to our foot. Here Claud Hammilton, the Dukes Lieutenant Colonell, had his arme broke with a musket bullet. The bridge being lost, the Duke calld all the Colonells together on horsebacke, to advise what was nixt to be done. We had no choyce bot one of tuo—either stay and maintaine our ground till Middletone (who was sent for), came backe with his cavalrie; or els march away that night, and find him out. Calander wold needs speake first; wheras by the custome of warre, he sould have told his opinion last, and it was to march away that night so soone as it was darke. This was seconded by all the rest except by Lieutenant Generall Ballie and myselfe. Bot all the arguments we used, as the impossibilitie of a safe retreat from ane enemie so powerfull of horse, in so very foule weather, and extremelie deepe way, our sojors exceeding wet, wearie, and hungrie, the inevitable losse of all our amunition, could not move my Lord Duke by his authoritie to contradict the shamefull resolution taken by the major part of his officers. After that the drumles march is resolvd on, and bot few horse appointed to stay in the reare of the foot, I inquird what sould become of our unfortunate amunition, since forward with us we could not get it. It was not thought fitt to blow it up that night, least thereby the enemie sould know of our retreate or rather flight. I was of that opinion too, bot for ane other reason; for we could not have bloune it then, without a visible mischiefe to ourselves, being so neare it. It was ordaind it sould be done three hours after our departure, by a traine; bot that being neglected, Cromwell got it all. Nixt morning we appeard at Wiggam Moore, half our number lesse than we were; most of the faint and wearie sojors haveing lagd behind, whom we never saw againe. Leutenant Generall Middletone had misd us, for he came by ane other way to Ribble bridge. It was to be wishd he had still stayd with us. He, not finding us there, followd our tracke, bot hotlie pursued by Cromwells horse, with whom he skirmishd the whole way, till he came within a mile of us. He lost some men, and severall were hurt; among others Colonell Urrey got a dangerous shot on the left side of his heade, wherof, tho’ he was afterward taken prisoner, he recovered. In this retreate of Middletons, which he managed well, Cromwell losd one of the gallantest officers he had, Colonell Thornton, who was runne in the breaste with a lance, wherof he dyed. After Lieutenant Generall Middletons comeing, we beganne to think of fighting in that moore; bot that was found impossible, in regard it was nothing large, and invirond with enclosurs which commanded it; and these we could not maintaine long, for want of that amunition we had left behind us; and therfore we marchd forward with intention to gaine Warinton, ten miles from the moore we were in; and there we conceavd we might face about, haveing the command of a toune, a river, and a bridge. Yet, I conceave there was bot few of us thought we might be beaten, before we were masters of any of them. It was towards evening, and in the latter end of August, when our horse beganne to march. Some regiments of them were left with the reare of the foot; Middleton stayd with them; my Lord Duke and Calander were before. As I marchd with the last brigad of foot through the toune of Wiggam, I was alarmd that our horse behind me were beaten, and runne severall ways, and that the enemie was in my reare. I facd about with that brigad, and in the market place serrd the pikes together, shoulder to shoulder, to keepe up any sould charge, and sent orders to the rest of the brigads before to continue their march, and follow Lieutenant Generall Baillie, who was before them. It was then night, bot the moone shone bright. A regiment of horse of our oune appeared first, riding very disorderlie. I got them to stop, till I commanded my pikes to open, and give way for them to ride or runne away, since they wold not stay. Bot my pikemen being demented, (as I thinke we were all,) wold not heare me, and tuo of them runne full tilt at me. One of their pikes, which was intended for my bellie, I gripd with my left hand; the other run me neere two inches in the innerside of my right thigh; all of them crying, that all of us were Cromwells men. This was an unseasonable wound, for it made me after that night unservicable. This made me forget all rules of modestie, prudence, and discretion. I rode to our horse, and desird them to charge through these foot. They, fearing the hazard of the pikes, stood. I then made a cry come from behind them, that the enemie was upon them. This incouragd them to charge my foot so fiercelie, that the pikemen threw doune their pikes and got into houses. All the horse gallopd away; and, as I was told afterwards, rode not thorough bot over our whole foot, treading them doune; and in this confusion Colonell Lockheart was trode doune from his horse, with great danger of his life. Thogh the enemie was neere, yet I beate drums to gather my men together. Shortlie after came Middletone, with some horse. I told him what a disaster I had met with, and what a greater I expected. He told me, he wold ride before and make the horse halt. I marchd, however all that night, till it was faire day; and then Baillie, who had rested a litle, intreated me to goe into some house and repose on a chaire; for I had sleepd none in tuo nights, and eate as litle. I alighted, bot the constant alarums of the enemies approch made me resolve to ride forward to Warinton, which was bot a mile; and indeed I may say I sleepd all that way, notwithstanding my wound. I thought to have found either the Duke or Calander, or both heere, bot I did not; and indeed I was often told that Calander carried away the Duke with him, much against his mind. Heere did the Leutenant Generall of the foot meet with ane order, wherby he is required to make as good conditions for himselfe and those under him as he could; for the horse wold not come backe to him, being resolvd to preserve themselvs for a better time. Baillie was surprisd with this, and lookeing upon that action which he was orderd to doe as full of dishonor, he losd much of that patience of which naturallie he was master, and beseechd any that wold to shoot him thorough the head. At length, haveing somthing composd himselfe, and much solicited by the officers who were by him, he wrote to Cromwell. I then told him, that so long as ther was a resolution to fight, I wold not goe a foot from him; bot now that they were to deliver themselvs prisoners, I wold preserve my libertie as long as I could, and so tooke my leave of him, carrying my wounded thigh away with me. I met immediatlie with Middletone, who sadlie condold the irrecoverable losses of the tuo last days. Within tuo hours after, Baillie and all the officers and sojors that were left of the foot, were Cromwells prisoners. I got my wound dressd that morning by my oune surgeon, and tooke from him these things I thought necessare for me, not knowing when I might see him againe; as indeed I never saw him after.

That unhappie day we met with Cromwell at Preston, some regiments of horse, and our Irish auxiliaries under the command of Sir George Monro, (who were fifteene hundreth good foot and three hundreth horse, and were appointed, against all reason of warre, to be constantlie a days marche behind us) all of them, I say, finding the enemie had got betweene us and them, marchd straight backe to Scotland, and joynd with E. Lainricks forces. Bot so soone as the news of our defeate came to Scotland, Argile and the Kirks partie rose in armes everie mothers sonne—and this was calld the Whiggamer rode. Da. Leslie was on their heade, and old Leven in the Castle of Edinburgh, cannonading the royall troopes when they came in view of him. Yet might they have been all very soone conjurd to be quiet, if the royalists had not suffered themselves to be cheated by a treatie, by which they were obligd to lay down armes, and quite their power in civill and militarie affaires. But the principall men of them, particularlie the Earles of Lauderdaile and Lainrick, Sir George Monro, Dalyell and Drummond, and others, found it not saife to trust the Saincts too much, and, therfor, crosd the seas, to take sanctuarie in Holland. Cromwell at Warinton sends Lambert with a sufficient cavalrie after us, and follows Monro with the strength of his armie to the Border, and there is invited by the Presbyterians to enter Scotland. He gets Berwick and Carlile baselie yeelded to him; and in one of them a number of English gentlemen who had servd the King; ane infamous act! He is feasted by old Leven, (peeres of ane tree) in the Castle of Edenburgh; which within tuo yeares after he made his oune. These men, who courted him, were so faithfull to the Covenant, that if fame wrong not some of them, they agreed with him in my Lady Homes house in the Canongate, that there was a necessitie to take away the King’s life. Now, for the good intertainment the Presbiterians had given this Arch Independent, at his returne to England, he left Lambert, (who had dispatched us before) with foure regiments of horse, to defend them against the Malignants (for so were honnest men called), till forces of their oune were raised, which was soone done. And then Acts of State and Kirke are made, to incapacitate all who had beene in England with the Duke, all who had abetted that engagdment, or had consented to it, from any office, charge or employment in State. Church, or Militia; and numbers of honnest Ministers upon that same account, turned out of their benefices and livelihoods.

To turn to the Duke in England. At night, after I left Warinton, when I came to him, all the resolution I found taken was, to march forward a day or tuo, and then by a turne to endeavour to get into Scotland; for there was then no visible partie for the King in England to joyne with; Cromwell haveing, before he came to us, routed and broken all these who rose in Wales, and hangd many of the principal gentlemen of them. And Fairfaxe had broke all these who rose for the King in other counties, first under the Earle of Holland, and them under the Earle of Norwich, chaceing him and the remainder of them into Colchester, which, after a siege, was surrendered to him on discretion, as I thinke. Heere Sir Charles Lucas and Sir George Lile were cruellie dealt with, having bot tuo houres given them to prepare for death; and after that short time, by the instigation of wicked Ireton, Cromwells sonne in law, mercileslie shot dead.

The first day, then, of the Dukes march from that place where I found him, was to Whitechurch, (in what countie I do not remember.) There a great number of the countrey traind bands appeard against us, bot were quicklie put to flight by Middleton, without bloodshed. That day we marchd many miles, and at night most of all the horse lodgd in the field, where their horses fed well. Some officers went to houses; bot I lodgd at a hedge, and sleepd there so sound, that at break of day the trumpets could not waken me; that being the fourth night in which I had sleepd none, except on horsebacke. Nixt day we made a long halt at a countrey toune, I thinke in Staffordshire, called Stone. Heere, because we had not enemies enough to take our lives, a trooper killd his oune Ritmaster, one Patrick Grey, who had beene a captaine under me in my Lord Sinclar’s regiment. The trooper was in the place shot dead, by my Lord Dukes command; who, to speake truelie, was too spareing in taking lives, his clemencie occasioning the keeping very bad discipline the whole time of our march in England. A litle after we had removd from that place, Leutenant General Middletone making good the reare against some of the countrey militia troopes, was taken; his horse having fallen under him. He was carried to Stafford; and indeed after that, we might trulie have said, we were all prisoners; for I am sure enough, if he, or rather we, had escapd that misfortune, such unhappie accidents had beene prevented by him, which shortlie ruind us. And I know not bot he keeping us united, might not at a long runne have brought himselfe and most of us to Scotland. We came at night to Uxeter, in most tempestuous, windie, and rainie weather. Nixt morning, when we were on our march, a great unwillingness in the horsemen, and some of their officers to march further; the wearines of both man and horse, ane irresolution whether to goe, and most of all, a fatalitie which pursud us, made the Duke turne backe and take up his quarters in the same toune. Neither that day nor nixt night was any thing resolvd on, bot to rest and refresh man and horse, and then either treate with these forces that had surrounded us, or fight them and march away. Sir Marmaduk Langdale, and these few English who were with him, had left us at Uxeter. He was taken afterward, bot savd his life by escapeing out of prison. The Duke and Calander fell out, and were at very hie words at supper, where I was; each blameing the other for the misfortune and miscarriage of our affaires; in which contest I thought the Duke had the better of it. And heere, indeed, I will say, that my Lord Dukes great fault was in giveing E. Callander too much of his pouer all along; for I have often heard him bid him doe what he pleased, promiseing to be therwith well contented. And therfor Calander was doublie to be blamd, first for his bad conduct, (for that was inexcusable,) and nixt for reproaching the Duke with that whereof himselfe was guiltie. To fill up the measure of our misfortunes, our troopers mutine against the Duke, Calander, and all their officers. Whether this proceeded of their oune wickednes, or by the instigation of some of their oune commanders, which I then shrewdlie suspected,) is uncertaine. The Duke and Calander are keepd prisoners, with strong guards of the mutineers, all nixt night in the Dukes lodgeing, with many other officers, and among others myselfe. Nixt morning, so soone as I could see, I cald over the window of the Dukes bedchamber to them, and askd them, if they were not yet ashamd of the base usage they had given their Generall, and of that contempt they had shown of all discipline, and of the ignominie of this action; and requird them, if for no other reason, yet for their oune safetie from the common enemie, to returne to their duetie, and goe home to their lodgings. Immediatlie they removd their guards, and went to their severall quarters, cursing in generall words these who had prompted them to the mutinie; which augmented my former suspition, but it was no time to make a strict inquirie in the busieness. Shortlie after, Calander went away, with as many as would follow him; which indeed were more than the halfe of these were in toune. No intreatie of the Duke or mediation of the officers could prevaile with him. I dealt particularlie with him, bot in vaine. He usd many arguments to move me to goe along with him, bot I told him, if I keepd my life, I wold be one of the last men sould stay with the Generall. I heard that not long after he was deserted by all that went with him, as he had deserted my Lord Duke. Yet he had the good fortune (which I believe no other officer of our armie had,) to get safe to London in disguise, and from thence to Holland.

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Calander being gone, there was an absolute necessitie imposed on the Duke to capitulate with the Governor of Stafford, who had about 3000 of the countrey militia with him, with which we were surrounded. Sir James Foullis of Colinton, Colonell Lockheart and myselfe are namd and commissionated by my Lord Duke to treate. We met with the governour and some of the principall gentlemen, three miles from Uxeter, at a very pleasant house in Staffordshire, where, as they had told us, Mary Queene of Scots had been long keepd prisoner. This with superstitious people wold have lookd ominous for us, who were of that nation. In our treatie, we found them very civill and rationall, and so much friends to Monarchie, that we had reason to expect no bad conditions from them. Bot Fortune had not yet made peace with us. We are interrupted by a messenger sent by Lambert, to acquaint both them and us that he was comd within tuo miles of that place, and that, if we wold treate, it must be with him. These were no good news, yet we presentlie horsd and went to him. We found him very discreet, and his expressions civill enough. He appointed three principall officers to treate with us, wherof Lieutenant Generall Lilburn was one. After much discourse, they offerd to us, if we wold redeliver Berwick and Carlile to the English Parliament, we sould be permitted to goe; nay, we sould be convoyd backe to Scotlande. We told them we had no pouer in our commission to speake of these townes; and so other articles were agreed on by us, bot not signd till I sould goe first to the Duke and show him, if he wold surrender these tuo touns, he and all with him sould have their libertie; if not, we were by the articles all prisoners. He absolutlie refusd to ingadge for the deliverie of these places, as a thing he said was not in his pouer; justlie suspecting the Deputie Governors of the touns wold not obey his orders in the condition he was; and so with many sorrowfull expressions dismissd me. Upon the way, as I returned, I met Lambert, with some troops, who told me he was goeing to save my Lord Duke from my Lord Grey of Groobie, who was marching towards Uxeter on the other side of the toune, which I knew before I came from the Duke to be true. He desird me, by all meanes to hast the signing of the articles, which he promisd to ratifie. At my return I told my comerads what reason we had to make haste; and haveing reported the Dukes answer to the English officers, we all immediatlie signd the articles, which, indeed, if they had been malitious, they might have wavd; for whill we were about it, one Major Gib, ane officer of our oune, came very unmannerlie into the roome, belching out his folly in these words: “Gentlemen, what doe ye dooe? The Duke and all who are with him are my Lord Greys prisoners.” Yet the commissioners signed for all that; and indeed my Lord Duke was by that time prisoner, bot Lambert tooke the protection of him; for our agreement was ratified by him, and by the Duke too, for he was not to be esteemed a prisoner, because taken in the time of a cessation and treatie, against custome of warre. Our first article was for the Duke, that he sould onlie be a prisoner of warre, nor sould his life ever be questiond or in danger. He sould keep his George; sixe of his servants, such as he sould choose, sould be permitted to attend him, and sixe of his best horses likewise; that in his prison accesse of all persons to him sould be allowd:—conditions good enough, but very ill keepd. The summe of the rest of the articles was this: That all of us, both officers and sojors, sould be prisoners of warre, bot civillie used, till we could procure our libertie by exchange or ransome; that all of us sould keepe the cloths we had on us, and all the gold and money we had about us, all other baggage, armes, and horses, sould be bootie and prise to the victor. We three who had capitulated, were orderd to be carried to Stafford, where Middletone was. The Captain who conducted us thither got our horses and armes. As we rode thorough Uxeter, we made a stand at the window of the Dukes chamber; and he looking out, we tooke our eternall farewell of him, with sad hearts parting from him we were never to see againe. He spoke kindlie to us and so we left him to act the last and worst part of his tragedie.

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What was intended for the Kings reliefe and restoration posted him to the grave. His sad imprisonment calld for assistance from all his loyall subjects, which as a duetie the laws both of God and man seamd to impose on them. Our hopes of success were great, grounded on the equitie of our just undertakeing, the prevailing of the royall partie in Ireland, the returne of most of the navie to their duetie and obedience, under the then Prince of Wales, now King; the numerous and loyall riseings of many shires in England and Wales, against that usurped pouer which keepd his Majestie in restraint, and upon our oune strength; for our armie was intended to have beene tuentie thousand foot, and sixe thousand horse and dragoons. Bot we never amounted to fourteene thousand in all. These were honnest and fair motives for that loyall and well intended engadgment of ours; bot,

Ludit in humanis divina potentia rebus.

[The foregoing narrative of the Duke of Hamilton’s luckless expedition in furtherance of the engagement, is the best written account of it that we have anywhere seen; and it bears internal evidence of fidelity. It is copied from the only edition of it ever printed—viz. by the Bannatyne Club in 1829.]

1649.—Friday, January 19. 7. Trial of King Charles the First.422 Commissioners present at Westminster-Hall, January 20, 1648-9.

John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John Bourchier Knight, Isaac Penington Alderman of London, Henry Martin, William Purefoy, John Barkstead, John Blackiston, Gilbert Millington, Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn, Adrian Scroope, Thomas Horton, Thomas Hammond, John Lisle, Nicholas Lore, Vincent Potter, Augustine Garland, Richard Deane, John Okey, John Huson, William Goffe, Cornelius Holland, John Carew, John Jones, Thomas Lyster, Peregrine Pelham, Francis Allen, Thomas Chaloner, John More, William Say, John Alured, Francis Lassells, Henry Smith, James Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory Norton Baronet, Edmond Harvey, John Ven, Thomas Scot, William Cawley, Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple, Peter Temple, Daniel Balgrave, John Browne.

This done, the Court commanded the Serjeant at Arms to send for the Prisoner, and thereupon Col. Thomlinson, who had the Charge of the Prisoner, within a quarter of an hours space brought him, attended by Col. Hacker, and 32 Officers with Partizans, guarding him to the Court, his own Servants immediatly attending him. Being thus brought up

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

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

Hereupon Mr Cook, Solicitor for the Commonwealth, standing within the Bar, with the rest of the Counsel for the Commonwealth, on the right Hand of the Prisoner, offered to speak; but the Prisoner having a Staff in his Hand, held it up, and softly laid it upon the said Mr Cooks Shoulder two or three times, bidding him hold. Nevertheless the Lord President ordering him to go on, Mr Cook did, according to the Order of the Court to him directed, in the Name and on the behalf of the People of England, exhibit a Charge of High-Treason and other High Crimes, and did therewith accuse the said Charles Stuart King of England; praying in the Name and on the behalf aforesaid, that the Charge might be accordingly received and read, and due Proceedings had thereupon; and accordingly preferred a Charge in writing, which being received by the Court, and delivered to the Clerk of the Court, the Lord President in the name of the Court ordered it should be read.

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

That the said Charles Stuart, being admitted King of England, and therein trusted with a limited Power to govern by, and according to the Laws of the Land, and not otherwise; and by his Trust, Oath and Office, being obliged to use the Power committed to him for the Good and Benefit of the People, and for the Preservation of their Rights and Liberties: yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to rule according to his Will, and to overthrow the Rights and Liberties of the People, yea to take away and make void the Foundations thereof, and of all Redress and Remedy of Mis-government, which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right and Power of frequent and successive Parliaments, or National Meetings in Council; He the said Charles Stuart, for accomplishment of such his Designs, and for the protecting of himself and his Adherents in his and their wicked Practices, to the same Ends hath traitorously and maliciously levyed War against the present Parliament, and the People therein represented, particularly upon or about the thirtieth day of June, in the year of our Lord 1642, at Berverly in the County of York; and upon or about the 30th day of July in the year aforesaid in the County of the City of York; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his Standard of War; and also on or about the 23d day of October in the same year, at Edghil or Keynton-field in the County of Warwick; and upon or about the 30th day of November in the same year at Brentford in the County of Middlesex; and upon or about the 30th day of August in the year of our Lord 1643, at Caversham Bridg near Reading in the County of Berks; and upon or about the 30th day of October in the year last mentioned, at or upon the City of Glocester; and upon or about the 30th day of November in the year last mentioned, at Newbury in the County of Berks; and upon or about the 31st day of July in the year of our Lord 1644, at Cropredy Bridg in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmyn and other places near adjacent, in the County of Cornwal; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid; and upon or about the 8th day of June in the year of our Lord 1645, at the Town of Leicester; and also upon the 14th day of the same Month in the same year, at Naseby-field in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times within the years aforementioned, and in the year of our Lord 1646, he the said Charles Stuart hath caused and procured many thousands of the free People of this Nation to be slain: and by Divisions, Parties, and Insurrections within this Land, by Invasions from foreign Parts, endeavoured and procured by him, and by many other evil ways and means, he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea, during the years before-mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament and good People of this Nation in this present year 1648, in the Counties of Kent, Essex, Surry, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea. And particularly He the said Charles Stuart hath for that purpose given Commission to his Son the Prince, and others, whereby, besides multitudes of other Persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation (being by him or his Agents corrupted to the betraying of their Trust, and revolting from the Parliament) have had Entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid. By which cruel and unnatural Wars, by him the said Charles Stuart levyed, continued, and renewed as aforesaid, much innocent Blood of the free People of this Nation hath been spilt, many Families have been undone, the publick Treasure wasted and exhausted, Trade obstructed and miserably decayed, vast Expence and Damage to the Nation incurred, and many parts of this Land spoiled, some of them even to desolation. And for further Prosecution of his said evil Designs, He the said Charles Stuart doth still continue his Commissions to the said Prince, and other Rebels and Revolters both English and Foreigners, and to the Earl of Ormond, and to the Irish Rebels and Revolters associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.

“All which wicked Designs, Wars, and evil Practices of him the said Charles Stuart have been, and are carried on for the advancement and upholding of a personal Interest of Will, Power, and pretended Prerogative to himself and his Family, against the publick Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, by and from whom he was intrusted as aforesaid.

“By all which it appeareth that the said Charles Stuart hath been, and is the Occasioner, Author, and Continuer of the said unnatural, cruel, and bloody Wars; and therein guilty of all the Treasons, Murders, Rapines, Burnings, Spoils, Desolations, Damages, and Mischiefs to this Nation, acted and committed in the said Wars, or occasioned thereby.”

Saturday, January 20.

This day the High Court of Justice for trial of the King sat in the Painted Chamber, and from thence adjourned about two in the afternoon to the place built for that Court in Westminster-Hall. The President had the Mace and Sword carried before him, and 20 Gentlemen attended as his Guard with Partizans, commanded by Col. Fox.

After an O Yes made, and silence commanded, the Act of the Commons in Parliament for sitting of the said Court was read, and the Court was called, there being above 60 Members of it present. Then the King (who lay the night before in St. James’s, and was brought this day to Whitehall, and thence by Water, guarded with Musqueteers, in boats to Sir Robert Cotton’s House) was brought to the Bar. To which there attended him Col. Hacker, with about 30 Officers and Gentlemen with Halberts. At his coming to the foot of the Stairs, he was met with the Mace of the Court, and conducted to a Chair within the Bar, where he sat down in the face of the Court.

The Lord President in a short Speech acquainted the King with the cause of his being brought thither; that it was in order to his Trial upon a Charge against him by the Commons of England, which was then to be read, and the King to give his answer thereunto.

His Majesty made an offer to speak something before reading of the Charge, but upon some interruption was silent. And then his Charge was read, by which he was charged, by the name of Charles Stuart King of England, as guilty of all the Blood that hath been shed in these Wars at Keynton, Brentford, Newbury, and such other places as he was present at in Arms against the Parliament, and other particulars very large. The King smiled at the reading of his Charge, and after reading of it demanded of the Lord President, by what lawful Authority he was brought thither? Being answered, In the name of the COMMONS of England: He replied, he saw no Lords there, which should make a Parliament, including the King; and urged, That the Kingdom of England was hereditary and not successive; and that he should betray his Trust, if he acknowledged or answer’d to them, for that he was not convinced they were a lawful Authority. So that after he had been often commanded to answer, and refused, he was remanded to Sir Robert Cotton’s House, and afterwards removed back to St. James’s, where he lay this night; and the Court adjourned till Monday 10 a Clock in the Forenoon, further to consider of this business.

Monday, January 22.

The Court being sat, O Yes made, and silence commanded, the King was sent for; whereupon Mr Solicitor Cook moved the Court, That whereas he had at the last Court, in the behalf of the Commons of England, exhibited a Charge of High Treason, and other High Crimes, against the Prisoner at the Bar, whereof he stands accused in the name of the People of England, and the Charge was read, and his Answer required, he was not then pleased to give answer, but instead of answering, did there dispute the Authority of this High Court: His humble Motion was, That the Prisoner may be directed to make a positive answer, either by way of Confession or Negation, which if he shall refuse to do, that the matter of charge may be taken pro confesso, and the Court may proceed according to Justice.

Lord President. Sir, You may remember at the last Court you were told the occasion of your being brought hither, and you heard a Charge read against you, containing a Charge of High Treason, and other High Crimes against this Realm of England, and instead of answering, you interrogated the Court’s Authority and Jurisdiction. Sir, The Authority is the Commons of England in Parliament assembled, who require your answer to the Charge either by confessing or denying.

King. When I was here last, ’tis very true I made that Question: And truly if it were only my own particular case, I would have satisfied my self with the Protestation I made the last time I was here against the legality of this Court, and that a King cannot be tried by any superiour Jurisdiction on Earth: but it is not my case alone, it is the freedom and the liberty of the People of England; and do you pretend what you will, I stand more for their Liberties: for if Power without Law may make Laws, may alter the fundamental Laws of the Kingdom, I do not know what Subject he is in England that can be sure of his life or any thing that he calls his own: Therefore when that I came here, I did expect particular Reasons to know by what Law, what Authority you did proceed against me here: And therefore I am a little to seek what to say to you in this particular, because the Affirmative is to be proved; the Negative often is very hard to do, but since I cannot perswade you to it, I shall tell you my Reasons as short as I can.

My Reasons why in Conscience and Duty I owe to God first, and my People next, for the preservation of their Lives, Liberties, and Estates; I conceive I cannot answer this till I be satisfied of the legality of it. All Proceedings against any Man whatsoever——

Lord President. Sir, I must interrupt you, which I would not do, but that what you do is not agreeable to the Proceedings of any Court of Justice; you are about to enter into argument and dispute concerning the Authority of this Court, before whom you appear as a Prisoner, and are charged as a High Delinquent. If you take upon you to dispute the Authority of the Court, we may not do it: nor will any Court give way unto it. You are to submit to it: you are to give a punctual and direct answer, whether you will answer your Charge or no, and what your answer is.

King. Sir by your favour, I do not know the Forms of Law, I do know Law and Reason, though I am no Lawyer professed. But I know as much Law as any Gentleman in England; and therefore (under favour) I do plead for the Liberties of the People of England more than you do; and therefore if I should impose a Belief upon any without Reasons given for it, it were unreasonable; but I must tell you, that by that Reason that I have as thus informed, I cannot yield unto it.

Lord President. Sir, I must interrupt you, you may not be permitted: you speak of Law and Reason; it is fit there should be Law and Reason, and there is both against you, Sir: the Vote of the Commons of England assembled in Parliament, it is the Reason of the Kingdom; and they are these two that have given being to that Law according to which you should have ruled and reigned. Sir, you are not to dispute our Authority, you are told it again by the Court: Sir, it will be taken notice of that you stand in contempt of the Court, and your Contempt will be recorded accordingly.

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

Lord President. Sir, you have offered something to the Court, I shall speak something to you, the Sense of the Court: Sir, neither you nor any Man are permitted to dispute that point, you are concluded, you may not demur to the Jurisdiction of the Court: if you do, I must let you know they overrule your Demurrer; they sit here by the Authority of the Commons of England, and all your Predecessors and you are responsible to them.

King. I deny that, shew me one Precedent.

Lord President. Sir, you ought not to interrupt while the Court is speaking to you: This Point is not to be debated by you, neither will the Court permit you to do it; if you offer it by way of demur to the Jurisdiction of the Court, they have considered of their Jurisdiction, they do affirm their own Jurisdiction.

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

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

Then the Clerk of the Court read as follows:

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

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

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

King. I do require that I may give in my Reasons why I do not answer; and give me time for that.

Lord President. Sir, it is not for Prisoners to require.

King. Prisoners! Sir, I am not an ordinary Prisoner.

Lord President. The Court has considered of their Jurisdiction, and they have already affirmed their Jurisdiction; if you will not answer, we will give order to record your Default.

King. You never heard my Reasons yet.

Lord President. Sir, your Reasons are not to be heard against the highest Jurisdiction.

King. Shew me that Jurisdiction, where Reason is not to be heard.

Lord President. Sir, We shew it you here, the Commons of England; and the next time you are brought, you will know more of the pleasure of the Court, and it may be their final determination.

King. Shew me where-ever the House of Commons were a Court of Judicature of that kind.

Lord President. Serjeant, take away the Prisoner.

King. Well Sir, remember that the King is not suffered to give in his Reasons for the Liberty and Freedom of all his Subjects.

Lord President. Sir, you are not to have Liberty to use this Language: how great a Friend you have been to the Laws and Liberties of the People, let all England and the World judg.

King. Sir, under favour, it was the Liberty, Freedom, and Laws of the Subject that I ever took to defend my self with Arms; I never took up Arms against the People, but for the Laws.

Lord President. The command of the Court must be obeyed; no Answer will be given to the Charge.

King. Well, Sir.

And so he was guarded forth to Sir Robert Cotton’s House.

Then the Court adjourned until the next day.

The King’s Reasons against the Jurisdiction of the Court.

His Majesty still persisting not to own the Court, they refused to permit him to deliver his Reasons against the Jurisdiction of the Court by word of mouth: Nevertheless his Majesty thought fit to leave them in writing to posterity, which follow in these words:—

“Having already made my Protestations, not only against the illegality of this pretended Court, but also, That no earthly Power can justly call me (who am your King) in question as a Delinquent, I would not any more open my Mouth upon this occasion, more than to refer my self to what I have spoken, were I in this case alone concerned: but the Duty I owe to God in the preservation of the true liberty of my People will not suffer me at this time to be silent: For, how can any free-born Subject of England call Life or any thing he possesseth his own, if Power without Right daily make new, and abrogate the old fundamental Laws of the Land? which I now take to be the present case. Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds, which hinder me to answer to your pretended Impeachment. But since I see that nothing I can say will move you to it (the Negatives are not so naturally proved as Affirmatives) yet I will shew you the reason why I am confident you cannot judg me, nor indeed the meanest Man in England: For I will not (like you) without shewing a Reason, seek to impose a Belief upon my Subjects.

“There is no Proceeding just against any Man, but what is warranted either by God’s Laws, or the municipal Laws of the Country where he lives. Now I am most confident this Day’s Proceeding cannot be warranted by God’s Laws: For on the contrary, the Authority of Obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which if denied, I am ready instantly to prove.

“And for the Question now in hand, there it is said, That where the word of a King is, there is Power; and who may say unto him, What dost thou? Eccles. 8, 4. Then for the Law of this Land, I am no less confident, that no learned Lawyer will affirm, That an Impeachment can lie against the King, they all going in his Name: And one of their Maxims is, That the King can do no wrong. Besides, the Law upon which you ground your Proceedings, must either be old or new: if old, shew it; if new, tell what Authority, warranted by the fundamental Laws of the Land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one it self (as is well known to all Lawyers) I leave to God and the World to judg: And it were full as strange, that they should pretend to make Laws without King or Lords House, to any that have heard speak of the Laws of England.

“And admitting, but not granting, that the People of England’s Commission could grant your pretended Power, I see nothing you can shew for that; for certainly you never asked the Question of the tenth Man in the Kingdom, and in this way you manifestly wrong even the poorest Ploughman, if you demand not his free consent: nor can you pretend any colour for this your pretended Commission, without the consent at least of the major part of every man in England of whatsoever Quality or Condition, which I’m sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own Right alone, as I am your King, but also for the true liberty of all my Subjects, which consists not in the power of Government, but in living under such Laws, such a Government, as may give themselves the best assurance of their Lives, and property of their Goods; nor in this must or do I forget the Privileges of both Houses of Parliament, which this Days Proceedings do not only violate, but likewise occasion the greatest Breach of their publick Faith that (I believe) ever was heard of, with which I am far from charging the two Houses: for all the pretended Crimes laid against me, bear date long before this Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the Houses Agreement thereunto, I was suddenly surprized and hurried from thence as a Prisoner; upon which account I am against my Will brought hither, where since I am come, I cannot but to my Power defend the antient Laws and Liberties of this Kingdom, together with my own just Right. Then for any thing I can see, the higher House is totally excluded; and for the House of Commons, it is too well known that the major Part of them are detained or deterred from sitting: so as if I had no other, this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this, the Peace of the Kingdom is not the least in my Thoughts; and what hope of Settlement is there, so long as Power reigns without Rule or Law, changing the whole Frame of that Government, under which this Kingdom hath flourished for many hundred Years? (nor will I say what will fall out in case this lawless, unjust Proceeding against me do go on) and believe it, the Commons of England will not thank you for this Change; for they will remember how happy they have been of late Years under the Reigns of Queen Elizabeth, the King my Father, and my self, until the beginning of these unhappy Troubles, and will have cause to doubt, that they shall never be so happy under any new: and by this time it will be too sensibly evident, that the Arms I took up, were only to defend the fundamental Laws of this Kingdom, against those who have supposed my Power hath totally changed the ancient Government.

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

“This I intended to speak in Westminster-Hall on Monday January 22, but against Reason was hindered to shew my Reasons.”

Tuesday, January 23.

This Day the High Court of Justice for trial of the King sat again in Westminster-Hall, 73 Persons present. The King comes in with his Guard, looks with an austere Countenance upon the Court, and sits down.

Mr Cook, Solicitor General, moved the Court, That whereas the Prisoner at the Bar, instead of giving answer to the Charge against him, did still dispute the Authority of the Court. That as according to Law, if a Prisoner shall stand as contumacious in contempt, and shall not put in an issuable Plea Guilty or Not Guilty of the Charge given against him, whereby he may come to a fair trial, that by an implicite Confession it may be taken pro Confesso, as it hath been done to those who deserved more favour than the Prisoner at the Bar has done: and therefore that speedy Judgment be pronounced against him.

Lord President. Sir, You have heard what is moved by the Counsel on the behalf of the Kingdom against you: Sir, you may well remember, and if you do not, the Court cannot forget what delatory dealings the Court has found at your hands. You were pleased to propound some questions: you had our Resolutions upon them: You were told over and over again, that the Court did affirm their own Jurisdiction; that it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did persist in such Carriage as you gave no manner of obedience, nor did you acknowledg any Authority in them, nor the High Court that constituted this Court of Justice.

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

The King after a little pause said,

When I was here yesterday, I did desire to speak for the Liberties of the People of England; I was interrupted, I desire to know yet whether I may speak freely or no.

Lord President. Sir, you have had the resolution of the Court upon the like question the last day, and you were told that having such charge of so high a nature against you, your work was, That you ought to acknowledg the Jurisdiction of the Court, and to answer to your Charge. Sir, if you answer to your Charge, which the Court gives you leave now to do, though they might have taken the advantage of your contempt; yet if you be able to answer to your Charge, when you have once answered, you shall be heard at large, make the best Defence you can: But, Sir, I must let you know from the Court, as their Commands, that you are not permitted to issue out into any other Discourses, till such time as you have given a positive answer concerning the matter that is charged upon you.

King. For the Charge, I value it not a rush; it is the Liberty of the People of England I stand for: For me to acknowledg a new Court, that I never heard of before; I that am your King, that should be an Example to all the People of England, to uphold Justice, to maintain the old Laws; indeed I do not know how to do it. You spoke very well the first day that I came here (on Saturday) of the Obligations that I had laid upon me by God, to the maintenance of the Liberties of my People: the same Obligation you spake of, I do acknowledg to God that I owe to him, and to my People, to defend as much as in me lies the antient Laws of the Kingdom. Therefore until that I may know that this is not against the fundamental Laws of the Kingdom, by your favour, I can put in no particular Answer. If you will give me time, I will shew you my Reasons why I cannot do it; and thus——

Here being interrupted, he said,

By your favour, you ought not to interrupt me; how I came here I know not; there’s no Law for it, to make your King your Prisoner. I was in a Treaty upon the publick Faith of the Kingdom, that was the known—— two Houses of Parliament, that was the Representative of the Kingdom; and when that I had almost made an end of the Treaty, then I was hurried away and brought hither, and therefore——

Here the Lord President said, Sir, you must know the pleasure of the Court.

King. By your Favour, Sir.

Lord President. Nay, Sir, by your favour, you may not be permitted to fall into those Discourses: you appear as a Delinquent, you have not acknowledged the Authority of the Court; the Court craves it not of you, but once more they command you to give your positive Answer.—Clerk, do your Duty.

King. Duty, Sir?

The Clerk reads a Paper, requiring the King to give a positive and final Answer by way of confession or denial of the Charge.

King. Sir, I say again to you, so that I might give satisfaction to the People of England of the clearness of my Proceedings, not by way of answer, not in this way; but to satisfy them, that I have done nothing against that trust that hath been committed to me, I would do it: but to acknowledg a new Court against their Privilege, to alter the fundamental Laws of the Kingdom, Sir, you must excuse me.

Lord President. Sir, This is the third time that you have publickly disowned this Court, and put an affront upon it; how far you have preserved the Privileges of the People, your Actions have spoke it: and truly, Sir, Mens Intentions ought to be known by their Actions, you have written your meaning in bloody Characters throughout the whole Kingdom; but, Sir, you understand the pleasure of the Court.—Clerk, record the Default.—And Gentlemen you that took charge of the Prisoner, take him back again.

King. I will say this one word more to you; if it were my own particular, I would not say any more, nor interrupt you.

Lord President. Sir, you have heard the pleasure of the Court, and you are (notwithstanding you will not understand it) to find that you are before a Court of Justice.

Then the King went forth with his Guard to Sir Robert Cotton’s House, where he lay the last Night and this; and the Court adjourned till the next day.

Wednesday, January 24.

The House this day only met and adjourned.

This day it was expected the High Court of Justice would have met in Westminster-Hall about 10 of the Clock; but at the time appointed one of the Ushers, by Direction of the Court, (then sitting in the Painted Chamber,) gave notice to the People there assembled, That in regard the Court was then upon the examination of Witnesses in relation to present affairs in the Painted Chamber, they could not sit there, but to appear upon further Summons.

January 25, 1648-9.

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

“Resolved upon the whole matter, That this Court will proceed to Sentence of Condemnation against Charles Stuart King of England.

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

“Resolved, That the Condemnation of the King shall be likewise for being a Publick Enemy to the Commonwealth of England.

“Resolved, That this Condemnation shall extend to Death.”

The Court adjourned it self till to morrow at one of the Clock in the Afternoon.

January 26, 1648-9.

Here the Court sat private.

The Draught of a Sentence against the King, is according to the Votes of the 25th instant prepared: and after several Readings, Debates, and Amendments by the Court thereupon,

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

“Resolved, That the said Sentence shall be ingrossed: That the King be brought to Westminster to morrow to receive his Sentence.”

The Court adjourn’d it self till the morrow at 10 of the Clock in the morning to this place; the Court giving notice that they then intended to adjourn from thence to Westminster-Hall.

The High Court for Trial of the King proceeded in the hearing of Witnesses to prove the several parts of the Charge against him: some proving that they saw him present at the setting up of his Standard; others that they did see him in the Field in such and such Fights with his Sword drawn, and so as in his Charge, &c. When he is next called, if he plead, the Witnesses will be ready to speak Viva voce; and if he still refuse to plead, ’tis probable the Court will give present Sentence.

January 27, 1648-9. Post Merid. Westminster-Hall.

The Lord President and the rest of the Commissioners come together from the Painted Chamber to Westminster-Hall, according to their adjournment, and take their Seats there, as formerly: and three Proclamations being made for attendance and silence, the Court is called. The Commissioners present.

****

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

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

Whereupon the President proceeded, and remembred the great Assembly then present, of what had formerly passed betwixt the Court and the Prisoner, the Charge against him in the name of the People of England, exhibited to them, being a Court constituted by the Supreme Authority of England; his refusal three several days and times to own them as a Court, or to answer to the matter of his Charge; his thrice recorded contumacy, and other his Contempts and Defaults in the precedent Courts: upon which the Court then declared, that they might not be wanting to themselves, or to the Trust reposed in them, and that no Man’s wilfulness ought to serve him to prevent Justice, That they had therefore thought fit to take the Substance of what had passed into their serious consideration, to wit, the Charge, and the Prisoner’s Contumacy; and the Confession which in Law doth arise upon that Contumacy; the notoriety of the Fact charged, and other the circumstances material in the Cause; and upon the whole matter, had resolved and agreed upon a Sentence then ready to be pronounced against the Prisoner. But that in regard of his desire to be further heard, they were ready to hear him, as to any thing material which he would offer to their consideration before the Sentence given, relating to the defence of himself concerning the matter charged; and did then signify so much to the Prisoner, who made use of that leave given, only to protest his respects to the peace of the Kingdom, and liberty of the Subject; and to say, That the same made him at last to desire, that having somewhat to say that concerned both, he might before the Sentence given be heard in the Painted Chamber before the Lords and Commons; saying, It was fit to be heard, if it were Reason which he should offer, whereof they were Judges: and pressing that point much, he was forthwith answered by the Court, and told,

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

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

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

The Prisoner by command being withdrawn, the Court make their recess into the room called, The Court of Wards, considered of the Prisoner’s Motion, and gave the President direction to declare their Dissent thereto, and to proceed to the Sentence.

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

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

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

Whereunto he replied, he had no more to say, but desired that might be entred which he had said.

Hereupon, after some Discourse used by the President, for vindicating the Parliament’s Justice, explaining the nature of the Crimes of which the Prisoner stood charged, and for which he was to be condemned; and by way of exhortation of the Prisoner to a serious repentance for his high Transgressions against God and the People, and to prepare for his eternal Condition,

The Sentence formerly agreed upon and put down in Parchment writing, O Yes being first made for silence, was by the Court’s Command solemnly pronounced and given. The Tenor whereof followeth:—

[Conclusion.]

Now therefore upon serious and mature Deliberation of the Premises, and Consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in Judgment and Conscience satisfied that he the said Charles Stuart is guilty of levying War against the said Parliament and People, and maintaining and continuing the same; for which in the said charge he stands accused, and by the general Course of his Government, Counsels and Practices, before and since this Parliament began (which have been and are notorious and publick, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their Judgments and Consciences, that he has been and is guilty of the wicked Designs and Endeavours in the said Charge set forth; and that the said War hath been levyed, maintained and continued by him as aforesaid, in prosecution, and for accomplishment of the said Designs; and that he hath been and is the Occasioner, Author, and Continuer of the said unnatural, cruel, and bloody Wars, and therein guilty of High Treason, and of the Murders, Rapines, Burnings, Spoils, Desolations, Damage and Mischief to this Nation acted and committed in the said War, and occasioned thereby. For all which Treasons and Crimes this Court doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer, and publick Enemy to the good People of this Nation, shall be put to Death by severing of his Head from his Body.

****

A more full account of this days Action take as follows, viz.:—

The King being come in his wonted Posture with his Hat on, some of the Souldiers began to call for Justice, Justice, and Execution. But silence being commanded, his Majesty began:

I desire a word to be heard a little, and I hope I shall give no occasion of interruption.

The President answered,

You may answer in your time; hear the Court first.

His Majesty replied,

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

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

King. Sir, I desire it, it will be in order to what I believe the Court will say; and therefore, Sir—— A hasty Judgment is not so soon recalled.

President. Sir, you shall be heard before the Judgment be given; and in the mean time you may forbear.

King. Well, Sir, shall I be heard before the Judgment be given?

President. Gentlemen, It is well known to all, or most of you here present, That the Prisoner at the Bar hath been several times convented and brought before this Court, to make answer to a Charge of Treason, and other High Crimes exhibited against him in the name of the People of England: To which Charge being required to answer, he hath been so far from obeying the Commands of the Court, by submitting to their Justice, that he began to take upon him to offer Reasoning and Debate unto the Authority of the Court, and to the Highest Court that appointed them to try and judg him: But being overruled in that, and required to make his Answer, he was still pleased to continue contumacious, and refuse to submit to answer. Hereupon the Court, that they might not be wanting to themselves, nor the trust reposed in them, nor that any Man’s wilfulness prevent Justice, they have thought fit to take the matter into their Consideration; they have considered of the Charge; they have considered of the Contumacy, and of that Confession which in Law doth arise upon that Contumacy; they have likewise considered of the notoriety of the Fact charged open the Prisoner; and upon the whole matter they are resolved, and are agreed upon a Sentence to be pronounced against the Prisoner, But in respect he doth desire to be heard before the Sentence be read and pronounced, the Court hath resolved that they will hear him.

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

King. Since I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom, and for the liberty of the Subject, I shall wave it, I shall speak nothing to it: But only I must tell you, That this many a day all things have been taken away from me, but that that I call dearer to me than my Life, which is my Conscience and my Honour. And if I had a respect to my Life more than the Peace of the Kingdom, and the Liberty of the Subject, certainly I should have made a particular Defence for my self; for by that at leastwise I might have delayed an ugly Sentence, which I believe will pass upon me. Therefore certainly Sir, as a Man that hath some understanding, some knowledg of the World, if that my true Zeal to my Country had not overborn the care that I have for my own preservation, I should have gone another way to work than that I have done.

Now, Sir, I conceive that an hasty Sentence once past may sooner be repented of, than recalled: And truly the self-same desire that I have for the peace of the Kingdom, and the liberty of the Subject, more than my own particular ends, makes me now at last desire, That I have something to say that concerns both, before Sentence be given, that I may be heard in the Painted Chamber before the Lords and Commons. This Delay cannot be prejudicial unto you, whatsoever I say. If that I say be not Reason, those that hear me must be judg; I cannot be Judg of that that I have. If it be Reason, and really for the welfare of the Kingdom, and the Liberty of the Subject, I am sure on it it is very well worth the hearing: Therefore I do conjure you, as you love that that you pretend, (I hope it is real) the Liberty of the Subject, the Peace of the Kingdom, that you will grant me this hearing before any Sentence be past. I only desire this, That you will take this into your Consideration; it may be you have not heard of it beforehand. If you will, I will retire, and you may think of it: But if I cannot get this Liberty, I do protest, That these fair shews of Liberty and Peace are pure Shews, and that you will not hear your King.

President. Sir, you have now spoken.

King. Yes, Sir.

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

King. Pray excuse me, Sir, for my interruption, because you mistake me. It is not a declining of it; you do judg me before you hear me speak. I say it will not, I do not decline it: tho I cannot acknowledg the Jurisdiction of the Court, yet, Sir. in this give me leave to say I would do it, tho I did not acknowledg it In this I do protest, it is not the declining of it, since I say, if that I do say any thing but that that is for the Peace of the Kingdom and Liberty of the Subject, then the Shame is mine. Now I desire that you will take this into your consideration: if you will I will withdraw.

President. Sir, this is not altogether new that you have moved to us, not altogether new to us, tho the first time in Person you have offered it to the Court. Sir, you say you do not decline the Jurisdiction of the Court.

King. Not in this that I have said.

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

This he did to prevent disturbance.

King. Shall I withdraw?

President. Sir, you shall know the pleasure of the Court presently.

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

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

After which they returned; and being sat, the President commanded,

Serjeant at Arms, send for your Prisoner; who being come, the President proceeded.

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

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

For this Delay that I have desired, I confess it is a Delay, but it is a Delay very important for the Peace of the Kingdom: For it is not my person that I look at alone, it is the Kingdom’s Welfare and the Kingdom’s Peace.

It is an old Sentence, That we should think on long before we resolve on great matters suddenly. Therefore, Sir, I do say again, that I do put at your doors all the inconveniency of a hasty Sentence. I confess I have been here now I think this week; this day 8 days was the day I came here first: But a little delay of a day or two further may give peace, whereas a hasty judgment may bring on that trouble and perpetual inconveniency to the Kingdom, that the Child that is unborn may repent it. And therefore again, out of the Duty I owe to God and to my Country, I do desire that I may be heard by the Lords and Commons in the Painted Chamber, or any other Chamber that you will appoint me.

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

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

President. Sir, I have received Direction from the Court

King. Well, Sir.

President. If this must be reinforced, or anything of this nature, your Answer must be the same, and they will proceed to Sentence, if you have nothing more to say.

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

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

His Majesty answered, I would desire only one word before you give Sentence, and that is, That you would hear me concerning those great Imputations that you have laid to my Charge.

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

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

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

King. I know nothing of that.

President. You disavow us as a Court, and therefore for you to address your self to us, and not to acknowledg us as a Court to judg of what you say, it is not to be permitted. And the truth is, all along from the first time you were pleased to disavow and disown us, the Court needed not to have heard you one word; for unless they be acknowledged a Court, and engaged, it is not proper for you to speak. Sir, we have given you too much Liberty already, and admitted of too much delay, and we may not admit of any further; were it proper for us to do it, we should hear you freely; and we should not have declined to have heard you at large, what you could have said or proved on your behalf, whether for totally excusing, or for in part excusing those great and hainous charges that in whole or in part are laid upon you. But, Sir, I shall trouble you no longer; your Sins are of so large a dimension, that if you do but seriously think of them, they will drive you to a sad consideration, and they may improve in you a sad and serious Repentance. And the Court doth heartily wish that you may be so penitent for what you have done amiss, that God may have mercy at leastwise on your better part. Truly, Sir, for the other, it is our parts and duties to do that which the Law prescribes. We are not here Jus dare, but Jus dicere: We cannot be unmindful of what the Scripture tells us; for to acquit the Guilty is of equal abomination as to condemn the Innocent. We may not acquit the guilty. What Sentence the Law affirms to a Traitor, a Murderer, and a publick Enemy to the Country, that Sentence you are now to hear read unto you, and that in the Sentence of the Court.

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

Which done; the Clerk read the Sentence drawn up in Parchment:—

Whereas the Commons of England in Parliament had appointed them an High Court of Justice, for the trial of Charles Stuart, King of England, before whom he had been three times convented, and at the first time a Charge of High Treason, and other Crimes and Misdemeanors was read in the behalf of the Kingdom of England [Here the Charge was repeated] which Charge being read unto him as aforesaid, he the said Charles Stuart was required to give his answer, but he refused so to do. [Expressing the several passages of his refusing in the former Proceedings.] For all which Treasons and Crimes, this Court doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor, Murderer, and a publick Enemy, shall be put to death, by the severing of his Head from his Body.

Which being read, the President added,

The Sentence now read, and published, is the Act, Sentence, Judgment, and Resolution of the whole Court.

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

His Majesty then said,

Will you hear me a word, Sir?

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

King. No, Sir?

President. No, Sir, by your favour, Sir. Guard, withdraw your Prisoner.

King. I may speak after Sentence, by your favour, Sir, I may speak after Sentence, ever. By your favour, hold: the Sentence, Sir—— I say Sir, I do—I am not suffered to speak, expect what Justice other People will have.

His Majesty being taken away by the Guard, as he passed down the Stairs, the Soldiers scoffed at him, casting the smoke of their Tobacco (a thing very distastful unto him) and throwing their Pipes in his way.

As he passed along, hearing the Rabble of Souldiers crying out, Justice, Justice; he said, Poor Souldiers, for a piece of Mony they would do so for their Commanders.

In the Evening a Member of the Army acquainted the Committee with his Majesty’s desire, That seeing they had passed a Sentence of death upon him, and his time being nigh, he might see his Children, and Dr. Juxton, Bishop of London, might be admitted to assist him in his private Devotions, and receiving the Sacrament. Both which were granted.

And the next day being Sunday, he was attended by the Guard to St. James’s, where the Bishop preached before him upon these words, “In the day when God shall judg the Secrets of all Men by Jesus Christ according to my Gospel.”

January 29, 1648-9.

Upon Report made from the Committee for considering the time and place of the executing of the Judgment against the King, the said Committee have resolved, That the open Street before Whitehall, over against the Banqueting-house, is a fit place, and that the said Committee conceive it fit that the King be there executed to morrow, the King having already notice thereof: The Court approved thereof, and ordered a Warrant to be drawn for that purpose, which said Warrant was accordingly drawn and agreed unto, and ordered to be ingrossed; which was done, and signed and sealed accordingly as followeth, viz.:—

“At the High Court of Justice for the trying and judging of Charles Stuart King of England. Jan. 29, 1648, [1649.]

“Whereas Charles Stuart King of England is, and standeth convicted, attainted, and condemned of High Treason, and other high Crimes; and Sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his Head from his Body; of which Sentence, Execution yet remaineth to be done: These are therefore to will and require you to see the said Sentence executed in the open Street before Whitehall, upon the morrow, being the 30th day of this instant Month of January, between the hours of 10 in the Morning, and 5 in the afternoon of the same day, with full effect. And for so doing, this shall be your sufficient Warrant. And these are to require all Officers, Soldiers, and others, the good People of this Nation of England, to be assisting unto you in this Service.

“Given under our Hands and Seals. “Sealed and subscribed by

“John Bradshaw, Tho. Grey, Oliver Cromwell, Edward Whaley, Michael Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Tho. Maleverer, John Blackiston, John Hutchinson, William Goffe, Tho. Pride, Peter Temple, Tho. Harrison, John Huson, Henry Smith, Peregrine Pelham, Simon Meyne, Tho. Horton, John Jones, John More, Hardress Waller, Gilbert Millington, George Fleetwood, John Alured, Robert Lilburn, William Say, Anthony Stapeley, Richard Deane, Robert Tichburne, Humphry Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope, James Temple, Augustine Garland, Edmond Ludlow, Henry Martin, Vincent Potter, William Constable, Richard Ingoldsby, William Cawley, John Barkstead, Isaac Ewers, John Dixwell, Valentine Walton, Gregory Norton, Tho. Chaloner, Tho. Wogan, John Ven, Gregory Clement, John Downs, Tho. Wayte, Tho. Scot, John Carew, Miles Corbet.

“To Col. Francis Hacker, Col. Huncks, and Lieut. Col. Phray; and to every of them.”

Tuesday, January 30.

This Day his Majesty was brought from St. James’s about 10 in the Morning, walking on foot through the Park, with a Regiment of Foot for his Guard, with Colours flying, Drums beating, his private Guard of Partizans, with some of his Gentlemen Before, and some behind, bare-headed; Dr Juxton, late Bishop of London, next behind him, and Col. Thomlinson (who had the charge of him) to the Gallery in Whitehall, and so into the Cabinet-Chamber, where he used to lie, where he continued at his Devotion, refusing to dine, (having before taken the Sacrament,) only about 12 at Noon he drank a Glass of Claret Wine, and eat a piece of Bread. From thence he was accompanied by Dr Juxton, Col. Thomlinson, Col. Hacker, and the Guards before-mentioned, through the Banquetting-House, adjoining to which the Scaffold was erected, between Whitehall-Gate, and the Gate leading into the Gallery from St James’s. The Scaffold was hung round with black, and the Floor covered with black, and the Ax and Block laid in the middle of the Scaffold. There were divers Companies of Foot and Horse on every side the Scaffold, and the Multitudes of People that came to be Spectators were very great. The King making a pass upon the Scaffold, look’d very earnestly on the Block, and asked Col. Hacker if there were no higher; and then spake thus, directing his Speech to the Gentlemen on the Scaffold.

King. I shall be very little heard of any Body here, I shall therefore speak a word unto you here. Indeed I could hold my peace very well, if I did not think that holding my Peace would make some Men think that I did submit to the Guilt, as well as to the Punishment, But I think it is my Duty to God first, and to my Country, for to clear my self both as an honest Man, a good King, and a good Christian. I shall begin first with my Innocency: In truth, I think it not very needful for me to insist long upon this, for all the World knows I never did begin the War with the two Houses of Parliament; and I call God to witness (to whom I must shortly make an account) that I never did intend to incroach upon their Privileges. They began upon me: It is the Militia they began upon; they confest that the Militia was mine, but they thought it fit to have it from me: And to be short, if any Body will look but to the Dates of the Commissions, their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy Troubles, not I. So that as to the guilt of these enormous Crimes that are laid against me, I hope in God, that God will clear me of it; I will not, I’m in Charity: God forbid that I should lay it upon the two Houses of Parliament; there is no necessity of either, I hope they are free of this guilt: for I believe that ill Instruments between them and me, has been the chief Cause of all this Bloodshed; so that by way of speaking, as I find my self clear of this, I hope (and pray God) that they may too: yet for all this God forbid that I should be so ill a Christian, as not to say that God’s Judgments are just upon me; many times he does pay Justice by an unjust Sentence, that is ordinary: I only say this, that an unjust Sentence (meaning Strafford) that I suffered to take effect, is punished now by an unjust Sentence upon me; that is, so far I have said to shew you that I am an innocent Man. Now for to shew you that I am a good Christian. I hope there is (pointing to Dr Juxton) a good Man that will bear me witness. That I have forgiven all the world, and even those in particular that have been the chief Causers of my death; who they are God knows, I do not desire to know, I pray God forgive them. But this is not all, my Charity must go further; I wish that they may repent: for indeed they have committed a great Sin in that particular; I pray God with St Stephen, that this be not laid to their Charge; nay not only so, but that they may take the right way to the peace of the Kingdom, for Charity commands me not only to forgive particular Men, but my Charity commands me to endeavour to the last gasp the peace of the Kingdom. So, Sirs, I do wish with all my Soul, and I do hope there is some here will carry it further, that they may endeavour the peace of the Kingdom. Now, Sirs, I must shew you both how you are out of the way, and I will put you in the way: First you are out of the way; for certainly all the way you ever have had yet, as I could find by any thing, is in the way of Conquest. Certainly this is an ill way; for Conquest, Sirs, in my opinion is never just, except there be a good just Cause, either for matter of wrong, or just Title; and then if you go beyond it, the first quarrel that you have to it, that makes it unjust at the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery. As a Pirate said to Alexander the Great, That he was the great Robber, he was but a petty Robber: and so, Sirs, I do think 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 God will never prosper you, until you give him his due, the King his due (that is my successors) and the People their due, I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scriptures) which is now out of order: for to set you in a way particularly, now I cannot; but only this. A National Synod freely called, freely debating among themselves, must settle this, when that every opinion is freely and clearly heard. For the King indeed I will not (then turning to a Gentleman that touched the Ax, he said, Hurt not the Ax that may hurt me.) As for the King, the Laws of the Land will clearly instruct you for that; therefore because it concerns my own particular, I will only give you a touch of it. For the People: And truly I desire their Liberty and Freedom, as much as any Body whomsoever; but I must tell you, That their Liberty and Freedom consists in having of Government, those Laws by which their Life and their Goods may be most their own. It is not for having share in Government (Sirs) that is nothing pertaining to them. A Subject and a Soveraign are clean different things; and therefore until they do that, I mean, That you do put the People in that Liberty as I say, certainly they will never enjoy themselves. Sirs, it was for this that now I am come here. If I would have given way to an Arbitrary Way, for to have all Laws changed according to the Power of the Sword, I needed not to have come here; and therefore I tell you (and I pray God it be not laid to your Charge) that I am the Martyr of the People. In troth, Sirs, I shall not hold you much longer: For I will only say this to you, That in truth I could have desired some little time longer, because that I would have put this that I have said in a little more order, and a little better digested, than I have done; and therefore I hope you will excuse me. I have delivered my Conscience, I pray God that you take these Courses that are best for the good of the Kingdom and your own Salvation.