The Full Proceedings OF THE High Court of justice against King CHARLES In Westminster Hall, on Saturday the 20. of January, 1648. Together, With the King's Reasons and Speeches, and his Deportment on the Scaffold before his Execution. Translated out of the Latin. by J. C. Hereunto is added, A Parallel of the late Wars, being a Relation of the five years civil Wars, of King Henry the 3d. with the Event of that unnatural War, and by what means the kingdom was settled again. London, Printed for William Shears, at the Bible in St. Paul's churchyard, 1654. The First days Proceeding of the High Court of Justice, &c. THe trial and the Execution of the last King of England, being still as much the wonder as the discourse of Christendom: I shall endeavour to represent it to you, with the exactest faithfulness that can possibly be desired; and although others have gone before me on the same subject, by the benefit of time; I doubt not but that I shall exceed them by the advantage of truth. In the supreme Tribunal of Justice sitting at Whitehall in Westminster, sergeant Bradshaw being President, and about seventy other persons, elected to be his Judges, being present; the crier of the Court, having Proclaimed his oyez, to invite the people to attention, silence was commanded, and the Ordinance of the Commons in Parliament, in reference to the Examination of the King, was read, and the Court was summoned, all the Members thereof arising as they were called. The King came into the Court, his head covered, sergeant Dendy, being remarkable by the Authority of his Mace, did Usher him in; Colonel Hatcher, and about thirty Officers and Gentlemen did attend him as his Guard. The Court being sat, the Lord President Bradshaw spoke thus unto him. Charles Stuart King of England, the Commons of England assembled in Parliament, being touched with the sense of the Calamities which have happened to this Nation, and of the innocent blood spilled, of which you are accused to be the Author, have both according to their office, which they owe unto God, this Nation and themselves, according to the power and fundamental faith entrusted with them, by the people, Constituted this supreme Court of Justice, before which you are now brought to hear your Charge, on which this Court will proceed. Mr. Cook the solicitor general. Sir, In the Name of the Commons of England, and of all the people thereof: I do charge Charles Stuart here present, as guilty of Treason and other great defaults, and in the name of the Commons of England, I require that his charge may be read unto him. The King, Stay a little. L. President, Sir The Court hath given order, that the Charge shall be read: If you have any thing afterwards to plead for yourself, you may be heard: Hereupon the Charge was read. 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, & 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 misgovernment, which by the fundamental constitutions of this kingdom, were reserved on the people's 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 levied war against the present parliament, and the people therein represented. Particularly, upon or about the thirtieth day of June, in the year of our Lord, One thousand six hundred forty and two, at Beverly, 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 twenty fourth day of August, in the same year, at the County of the town of Nottingham (when and where he set up his Standard of war;) And also on, or about the twenty third day of October in the same year, at Edgehill, and Keinton-field, in the Coun-of Warwick; and upon or about the thirtieth day of November, in the same year, at Brainchford, in the County of Middlesex: And upon, or about the thirtieth day of August in the year of our Lord, One thousand six hundred forty and three, at Cavesham-bridge, near Reding, in the County of Berks; and upon, or about the thirtieth day of October, in the year last mentioned, at, or near the City of Gloucester; and upon, or about the thirtieth day of November, in the year last mentioned, at Newbury, in the County of Berks; And upon, or about the one and thirtieth day of July, in the year of our Lord, One thousand six hundred forty & four, at Cropredybridge, in the County of Oxon; And upon, or about the thirtieth day of September, in the year last mentioned, at Bodmin, and other places near adjacent, in the County of Cornwall; And upon, or about the thirtieth day of November, in the year last mentioned, at Newberry aforesaid; And upon, or about the eighth day of June in the year of our Lord, One thousand six hundred forty and five, at the Town of Leicester; And also, upon the fourteenth day of the same month, in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in the land, at several other times, within the years aforementioned: And in the year of our Lord, One thousand six hundred forty and six; he the said Charles Stuart, hath caused and procured many thousands of the Free-people of the Nation to be slain; and by Divisions, parties and 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 year before mentioned; but also hath renewed, or caused to be renewed, the said war against the Parliament, and good people of this Nation, in this present year, One thousand six hundred forty and eight, in the Counties of Kent, Essex, Surry, Sussex, Middlesex, and many other Counties & places in England & 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 entrusted and employed, for the safety of the nation, being by him and his agents, corrupted, to the betraying of their Trust, and revolting from the parliament, have had entertainment and commission, for the continuing and renewing of war and hostility, against the said Parliament and People as aforesaid. By which cruel and unnatural wars by him, the said Charles Stuart, levied, continued, and renewed as aforesaid, much innocent blood of the Free-people of this nation hath been spilled; many families have been undone, the public treasury wasted and exhausted, trade obstructed, and miserably decayed; vast expense and damage to the Nation incurred, and many parts of the land spoiled, some of them even to desolation. And for further prosecution of his said evil designs, he the said Charles Stuart doth still continue his Commissions to the said Prince, and other Rebels and Revolters, both English and 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 threatened, upon the procurement, and on the behalf of the said Charles Stuart. All which wicked designs, wars, and evil practices of him, the said Charles Stuart, have been and are carried on, for the advancing and upholding of the personal Interest of Will and Power, and pretended Prerogative to himself and family, against the public interest, Common Right, Liberty, Justice and peace of the people of the nation, by and for whom he was entrusted, as aforesaid. By all which it appeareth, that he the said Charles Stuart, hath been, & is the occasioner, author, and contriver of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murders, rapines, burnings, spiols, desolations, damage & mischief to this nation, acted or committed in the said wars, or occasioned thereby. And the said John Cook, by protestation (saving on the behalf of the people of England, the liberty of exhibiting at any time hereafter, any other Charge against him the said Charles Stuart; and also of replying to the Answers which the said Charles Stuart shall make to the premises, or any of them, or any other Charge that shall be so Exhibited) doth, for the said treasons and crimes, on the behalf of the said people of England, impeach the said Charles Stuart, as a tyrant, traitor, murderer, & a public, and implacable enemy to the commonwealth of England: And pray, That the said Charles Stuart King of England, may be put to answer all and every the premises, that such proceedings examinations, trials, sentence, and judgement may be thereupon had, or shall be agreeable to justice. The King was oftentimes observed to smile in indignation, during the reading of the Charge, especially, at the words: Tyrant, Traitor, Murderer, and public enemy to the commonwealth. L. President Sir, you have now heard the Charge read, containing such matters, as do appear therein, you have observed that in the Conclusion thereof, It is required of the Court, in the Name of the Commons of England, that you answer to your charge, which the Court doth expect. The King. I would be satisfied by what power I am called hither? It is not long since that I was in the Isle of Wight, How I came thither, the story is longer than I I conceive fitting, in this place to declare; But I there entered upon a Treaty with both Houses of Parliament, with as much public faith, as it is possible to be obtained from any people in the World. I there treated with a number of Honourable Lords and Gentlemen, and I treated honestly and faithfully with them; I cannot say, but they dealt very ingeniously with me; and we proceeded so far, that the Treaty was even concluded. Now I would understand by what Authority, (I mean lawful) I am brought hither. There are many unlawful Authorities in the world, as Thieves and Plunderers in the highways. I would know by what Authority I was taken from thence, and carried from place to place, I know not where? When I have understood the lawfulness of the Authority, I will make my Answer: In the mean time, remember that I am your King, your lawful King; and weigh well with yourselves, what sins you heap on your own heads, and the anger and judgements of God which you will bring upon this land, I say seriously, weigh it before you further do proceed from one sin to a greater. Therefore declare unto me, by what lawful Authority I sit here, and I will not refuse to Answer you. In the mean time I will not betray my trust. I have a trust committed to me by God, by an ancient and lawful succession, I will not betray that by answering to a new and an unlawful Authority; wherefore satisfy me in this, and you shall hear further from me. L. President. If you had but pleased to observe what the Court did suggest unto you, when you first came hither, you had understood by what Authority you were brought hither; which Authority doth require of you, in the Name of the People of England, by whom you are elected King, that you make answer to them. King. No Sir, I deny that. L. President. If you do not acknowledge the Authority of the Court, they ought to proceed against you. King. I tell them that England was never an Elective kingdom, but hereditary, for almost, these two thousand years. Therefore declare unto me, by what Authority I am brought hither. I labour more for the liberty of my people then any of you, who pretend to be my Judges; and therefore I say, declare unto me, by what lawful Authority I am placed here, and I will answer you; otherwise, I shall make no answer at all. L. President. Sir, how well you have administered, the power committed to you, is sufficiently known: The method of your Answering is to put Interrogatories to the Court, which doth not become you in this Condition. Twice or thrice it hath been represented to you. King. There is present here a Gentleman, lieutenant Colonel Cobbet, demand of him, if he did not bring me from the Isle of Wight, by force: I come not hither to submit myself to this Court. I will do as much for the privileges of the House of Commons, rightly understood, as any other. I see not here the House of Lords, which is able to constitute a Parliament, and the King ought to be the superintendent there. Is this to bring the King to his Parliament? Is this to bring the public Treaty to an end, by the public Faith of the world. Either show me your Authority established by the Scriptures, which are the word of God, or confirmed by the constitutions of the kingdom, and I will answer you. L. President. Sir, you have propounded a question, and an answer hath been rendered, but if you will not answer to what they to propound, the Court will take it into their consideration, how to proceed against you. In the mean time, they who brought you hither shall return you back again. The Court desireth to be satisfied whether this be all the Answer that you will give them or not. King. I desire that you would resolve me and all the world, in this one particular. Give me leave to acquaint you, that it is a thing of no small importance which you go about. I am sworn to keep the peace according to the duty, which I do owe to God and to my Land; and I will here perform it to the last breath of my Body: you shall therefore do well first to satisfy God, and afterwards the Land, by what Authority you do this. If you do it by an usurped Authority, you cannot defend it. God who sitteth in the Heavens will call you, and all those, who have conferred this power on you, to give him an account of it. Satisfy me in this, and I shall answer you, for otherwise I should betray the Faith, committed to me, and the liberties of my people: Wherefore consider of it, and I shall be willing to answer you. For I do profess it is as great a sin to resist a lawful Authority, as to submit unto a tyrannical, or any other unlawful Authority: wherefore resolve me in this particular, and you shall receive my Answer. L. President. The Court expecteth that you should give them a final Answer, and will adjourn until Monday next: If you cannot satisfy yourself; although we tell you our authority, our authority will satisfy ourselves; And it is according to the authority of God and the kingdom, and the peace (of which you speak) shall be preserved in the administration of Justice, and that is our present work. King. I give you this for my answer, you have not shown me any lawful authority, which may satisfy any reasonable man. L. President. It is only your apprehension, we are fully satisfied who are your Judges. King. It is not my apprehension, nor yours which ought to determine this. L. President. The Court hath heard you, and disposed of you accordingly as their discretions have thought expedient. The Court adjourneth to the Painted chamber, until Monday at ten of the clock in the morn-ning, and from thence hither. Some thing that was ominous, ought not to be passed by in silence, when the Charge was read against the King, the silver head of his staff did fall off, which he much did wonder at, and observing no man so officious to assist him, he stooping towards the ground did take it up himself. As the King returned, looking on the Court, he said, I fear not thee, meaning the sword. As he came down the stairs, the people who were in the Hall, cried out some of them, God save the King; but the greater part Justice, Justice. The second days proceeding against the King, January 22. &c. THe crier having thrice pronounced his oyez, and silence commanded, after that the Judges were called, and every one did particularly answer to his Name. Silence was again commanded, under pain of imprisonment, and the Captain of the Guards was ordered to apprehend any that should endeavour to make a tumult. At the coming of the King into the Court, there was a great shout, and the Court commanded the Captain of the Guards to apprehend and imprison those, who should make either a noise or tumult. The Court being sat, the solicitor turning to the precedent said, May it please your Lordship my Lord President. In the former Court, on Saturday, in the Name of the Commons of England, I exhibited and offered to this Tribunal the charge of high Treasons, and other grievous crimes against the Prisoner, with which I did charge him, In the Name of the People of England, and his charge was read, and his Answer demanded. My Lord, It pleased him at that time to return no answer at all, but instead of answering, he questioned the Authority of the High Court: My most humble motion to this High Court in the Name of the People of the kingdom of England, is that the Prisoner may be compelled to give a positive answer, either by way of Confession or Negation, which if he shall refuse, that the subject of his Charge may be taken for granted, and the Court proceed according to Justice. L. President. Sir, you may remember, that on the last convention of this Court, the cause was expounded to you, for which you were brought hither, and you heard the charge against you read, it being a charge of High Treason, and other grievous crimes against the Kingdom of England: you heard likewise, that it was required in the name of the people, that you should answer to your charge, that there should be a proceeding thereon, as should be agreeable unto Justice: you were then pleased to move some scruples concerning the authority of this Court, and you desired to be satisfied in your knowledge, by what authority you were brought hither: you several times did propound your questions, and it was often answered to you, that it was by authority of the commons of England Assembled in Parliament, who did judge it requisite to call you to an account, for the great and grievous crimes of which you are accused. After that the Court did take into their serious consideration, those things which you objected, and they are fully satisfied in their authority; and do conceive it requisite, that you should admit it; they therefore require that you give a positive and a particular Answer to the charge exhibited against you: they do expect that you should either confess it or deny it. If you shall deny it, it will be proved in the behalf of the kingdom, the whole World doth approve of their Authority. So that the kingdom is satisfied, and you ought thereby to be satisfied yourself; you ought not therefore to waste time, but to give your positive answer. King. It is true, that when I was last here, I moved that question; and indeed, if it were only my business in particular, I should have satisfied myself with that protestation, which I then interposed against the lawfulness of this Court; and that a King cannot be judged by any superior jurisdiction on earth, but my own interests are not only involved in it, but the liberties also of the people of England; and pretend what you will, I do endeavour more for their liberties, than any whatsoever. For if Power without laws, can make laws and change the fundamental laws of the kingdom, I know not what subject in England can be secure of his life, or of any thing which he doth call his own: Wherefore when I came hither, I expected particular reasons, that I might understand by what law, and what Authority you would proceed against me. I should then perceive what most especially I have to say unto you, for the affirmative is to be proved, which seldom the Negative is capable of; but because I cannot persuade you thus, I will give you my Reasons as briefly as I can. The Reasons for which in conscience and duty which I owe, first unto God, and afterwards to my people, for the preservation of their lives, their liberties, and their fortunes: I believe I cannot answer until I am satisfied of your legality of it. All proceedings against any man whatsoever— President. Sir, I must interrupt you, which I would not do, but that which you do, agreeth not with the proceedings of any Tribunal of Justice, you enter into a controversy, and dispute against the Authority of this Court, before which you appear a prisoner, and are accused as a great Delinquent. If you will take upon you to controvert the Authority of this Court, we cannot give way unto it; neither will any tribunal of Justice admit it; you ought to submit unto the Court, and to give an exact and direct Answer, whether you will answer to your charge or not? and what is the answer that you make. King. Sir I know not the formalities of the law, I know the law & reason; & although I am no professed Lawyer, I know the law as well as any Gentleman in England, and I am more eager for the Liberties of the people of England than you are? and if I should believe any man, without he gives me Reasons for what he saith, It would be absurd; but I say unto you, that the Reason which you give is no ways satisfactory. L. President. Sir I must interrupt you, for it cannot be permitted to you in this manner to proceed: you speak of law and reason, it is fit that there should be both law and reason, and they are both against you. Sir the Vote of the Commons of England Assembled in Parliament, is the reason of the kingdom, and they ordained this law according to which you ought to Reign. Sir, It is not lawful for you to dispute against our Authority. This again hath been told you by the Court. Sir, Notice will be taken that you contemn the Court, and this contempt of yours will be recorded. King. I know not how a King can be interpreted to be a Delinquent, but by any law that I ever heard, all men, whether Delinquent or what you will, may lawfully make objections against their process; this is that which I require, and I again desire that my Reasons may be heard. If you deny this, you deny Reason. L. President. Sir, you have objected something to the Court; I will declare unto you their opinion. Sir, It is not lawful for you or any man else to dispute against this Subject; It is Decreed, you ought not to dispute against the jurisdiction of this Tribunal; If you shall yet do it, I must intimate unto you, that they are above objections. They sit here by Authority of the Commons of England; and all your Predecessors and you yourself are bound to be accountable to them. King. I deny that, show me one example? L. President. Sir, you ought not to interrupt, but attend whilst the Court speaks unto you. This Subject is not to be disputed by you, neither will the Court permit that you should object against the jurisdiction of it, they have considered of their jurisdiction, and do approve it. King. Sir, I say, that the Commons of England were never a Court of Judicature; and I would fain know, how they came to be made so now? President. Sir, It is not permitted to you to proceed in those discourses. Then the Secretary of the Court did read, as followeth. Charles Stuart, King of England, you have been accused in the Name of the People of England of High Treason, and other grievous Crimes. The Court hath determined that you shall answer to your Charge. King. I will answer, as soon as ever I shall understand, by what authority you do these things? President. If this be all that you will speak: Gentlemen, you who brought the prisoner hither, take him back again. King. I demand, that I may be permitted to exhibit my Reasons, why I answer not unto the Charge, and give me time to perform this. President. Sir, It is not for prisoners to demand. King. Prisoners, Sir! I am no ordinary prisoner. President. The Court hath considered of their own jurisdiction, and they have also confirmed their jurisdiction: If you will not answer, we will give order that your Default be recorded. King. You have not yet heard my Reasons. President. Your Reasons are not to be heard against the supreme Jurisdiction. King. Show me that jurisdiction in the world, where Reason is not to be heard. President. Sir, We show it you here, the Commons of England; & the next time you are brought hither, you shall understand further of the pleasure of the Court, and peradventure their final sentence. King. Show me, where the House of Commons was ever a Court of Judicature in that kind. President. Sergeant, take away the prisoner. King. Sir, Remember that the King is not suffered to declare his Reasons, for the liberty and Immunities of his Subjects. President. Sir, That freedom of speech is not permitted to you, how great a friend you have been to the Laws, and the Liberties of the people; let England and all the world judge? King. Sir, By your leave, I have always loved the Liberty, the Immunities, and Laws of the subjects; If I have defended myself by Arms, I have not taken them up against the people, but for them. President. You must obey the Decree of the Court, you give no answer to the Charge against you. King. Well Sir! And so was he brought to the House of Sir Robert Cotton; and the Court was adjourned to the Painted Chamber, until Wednesday following at twelve of the clock, at what hour they intended to adjourn again to Westminster-hall, where all whom it doth concern are commanded to be present. The third days proceedings against the late King at the High Court of Justice Tuesday Jan. 23. 1648. THe crier according to the custom, having with his oyez commanded silence and attention; the King being sat, Mr. Attorney general turning to the Lord President spoke in these words, May it please your Lordship: This is now the third time that by the great grace and favour of this High Court, the prisoner hath been brought to the Bar, and yet by reason of his refusal to put in his Answer, there is yet no issue joined in the cause. My Lord, I did at the first exhibit a Charge against him, containing the highest practices of Treason, that were ever wrought on the theatre of England. That a King of England, trusted to keep the laws of England, and who had taken an Oath so to do, and had tribute paid him for that end, should be guilty of so wicked a design, as to subvert our Laws, and introduce an arbitrary and tyrannical Government, and set up his Standard of war against his Parliament and his people, and I did humbly pray in the behalf of the people of England, that he might speedily be required to make an answer to his charge. But my Lord, instead of making an answer, he did then dispute the Authority of this Tribunal, and your Lordship being pleased to give him a further day to put in his answer which was yesterday, I did move again that he might be required to put in a direct and positive answer, to his charge, either by denying or confessing it, but he was then pleased to debate the Jurisdiction of the Court, although he was commanded to give a positive answer. My Lord, by reason of this great delay of Justice, I shall humbly move for speedy judgement against him. I may press your Lordship upon the known Rules of the Laws of the Land, that if a prisoner shall stand in contempt & not plead guilty or not guilty to the charge given against him, it by an implicit confession ought to be taken pro confesso, as I may instance in divers who have deserved more favour than the prisoner at the Bar hath done. But I shall press upon the whole fact. The House of Commons, the supreme Authority of the kingdom have declared, (my Lord) that it is notorious. The matter of the charge is true, and clear as crystal, or as the Sun that shineth at Noon day, in which my Lord President, if your Lordship and the Court be not satisfied, I have several witnesses on the behalf of the people of England to produce, and therefore I do humbly pray, and not so much I, as the innocent blood that hath been shed, the cry whereof is great for Justice and Judgement, that speedy judgement may be pronounced against the prisoner at the Bar. President, Sir, you have heard what hath been moved by Mr. solicitor on the behalf of the kingdom against you. Sir, you may well remember, and if you do not, the Court cannot forget the delays which you have made. You have been pleased to propound some Questions, and amply you have had your resolution on them, you have been often told that the Court did affirm their own Jurisdiction; and that it was not for you nor any other man to dispute the Jurisdiction of the highest Authority of England, from which there is no appeal, and touching which there must be no dispute; yet you did deport yourself in that manner, that you gave no obedience, nor did acknowledge any Authority either in them, or the supreme Court of Parliament, that constituted this high Court of Justice. Sir, the Court gives you to understand that they are very sensible of these demurs, and that being thus authorised by the High Court of England, they ought not to be trifled withal, especially, seeing if they please, they may take advantage of these delays, and according to the rules of Justice, proceed and pronounce Judgement against you. Nevertheless they are so favourable as to give directions to me, and therefore on their behalf I do require you to make a positive answer to this charge, that hath been read against you. Justice knows no respect of persons. You are to give your positive and final Answer in plain English, whether guilty or not guilty, of the Treason laid to your charge. The King having meditated a little, did answer in these words. When I was here yesterday, I desired to speak for the Liberties of the people of England: I desire yet to know, whether without interruption, I may speak freely, or not? President, Sir, on the like Question, you had yesterday the resolution of this Court; you were told that having a charge of so high a nature against you, your work was to acknowledge the Jurisdiction of the Court, & to answer the charge; after you have done that you shall be heard at large to make the defence you can for yourself; but Sir the Court commands me to make known unto you, that you are not permitted to run into any other discourses, until such time that you have returned a positive Answer to the matter that is charged upon you. King, I value not the charge a rush: It is the Liberty of the people of England that I stand for. For me who am your King, and should be an example to all the Courts in England, to uphold Justice, and maintain the old Laws; for me I say, to acknowledge a new Court, that I never heard of before, is a thing that I know not how to do. You did speak very well on the first day I came hither, concerning the obligations that I have laid upon me by God, for the maintenance of the Liberties of my people. I do acknowledge that I do owe the same obligations to God and my people, to defend as much as in me lies, the ancient Laws of the Kingdom: therefore until I be satisfied that this is not against the fundamental Laws of the kingdom, I can put in no particulars to the Charge. If you will give me time, I will show you my Reasons wherefore I cannot do it, and Here being interrupted, he said. By your favour you ought not to interrupt me. How I came here I do not know. There is no Law to make your King your prisoner. I was in a Treaty upon the public faith of the kingdom, that was the known— two Houses of Parliament, that was the Representative of the kingdom, and when I had almost made an end of the Treaty; I was hurried away, and brought hither; and therefore I would— President. Sir, you must know the pleasure of the Court. King. By you favour Sir,— President. Nay Sir, by your favour, you may not be permitted to run into these discourses, you appear here as a Delinquent, you have not acknowledged the Authority of the Court, the Court once more do●h command you to give your positive Answer? M. Broughton, Do your Duty. King. Duty Sir. M. Broughton reads, Charles Stuart, King of England, you are accused in the behalf of the Commons of England of divers high Crimes and Treasons, which Charge hath been read unto you. The Court now requires you to give your positive and final answer, either by way of confession, or by denial of the Charge. King. Sir, I say again unto you, If thereby I may give satisfaction to the people of England of the uprightness of my proceedings, not by way of answer, but to satisfy them that I have done nothing against that trust, that hath been committed to me, I would do it; but to acknowledge a new Court, against their privileges, to alter the fundamental Laws of the kingdom; you must excuse me, if I shall refuse to do it. President. Sir, This is the third time, that you have publicly disowned this Court, and put an affront upon it. How far you have preserved the privileges of the People, your actions have spoke: And truly Sir, If men's intentions can be known by their actions, you have written your intentions in bloody Characters throughout the whole kingdom: But Sir, you are to understand the pleasure of the Court— Clerk, Record the Default—. And Gentlemen, you that are a guard to the Prisoner, take him back again. King. I will only add this one word, If it were only my own particular, I would not say any more, nor interrupt you at all. President. Sir, you have heard the pleasure of the Court, and notwithstanding you will not understand it: you are to find that you are before a Court of Justice. The King going forth Proclamation was made, that all persons who then appeared; and had further to do with the Court, might depart into the Painted Chamber, to which place, the Court adjourned, being resolved to meet again in Westminster-Hall, by ten of the Clock, the next morning. Wednesday January 24. The Court being this day employed upon Examinations of Witnesses, and other things, in order to their next proceedings, did appoint one of their ushers to give notice to the people there assembled to appear on further summons. The last proceedings against the King wherein they pronounced Sentence upon him, on Saturday, Jan. 27. 1648. SIlence being commanded by the crier, the Court was called, and sergeant Bradshaw the Lord President, was that day in a scarlet Gown. There were present that day, sixty and eight Members of the Court. The King, turning to the Lord President, said; I shall desire to be heard some few words, and I hope I shall give no occasion of Interruption. President. You may answer in due time, hear the Court first. King. If it please you Sir, I desire to be heard; and I shall not give any occasion of interruption, and it is only in a word. A sudden judgement— President. Sir, you shall be heard (as I have told you) in due time, but you must hear the Court first. King. What I am to speak will be in order, as I conceive, to what I believe the Court will say, and therefore Sir, I desire to be heard, A hasty judgement is not so soon recalled. President. Sir, you shall be heard before judgement be given, and in the mean time, you ought to forbear. King. Well Sir, I shall be heard before the judgement be given. President. Gentlemen, It is well known to all, or the greatest part of you here present, that the prisoner at the Bar hath been several times 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 oftentimes commanded to Answer; he hath been so far from submitting to the Court, as he hath undertook to object again, and dispute the Authority of this Court, and of the High Court of parliament, who constituted this Court to Try and Judge him; but being overruled in that, & commanded to make answer; he was still pleased to persevere in his contumacy, and refused to submit to answer; whereupon the Court that they may not be wanting to themselves, and to the trust reposed in them; nor that any man's wilfulness shall prevent the course of Justice; have considered of the contempt, and of that consequence which in law doth arise on that contempt. They have likewise considered of the notoriousness of the Fact charged upon the prisoner, and upon the whole matter are resolved, and have agreed upon a Sentence to be now pronounced against him, but in regard he hath desired to be heard before Sentence be read and pronounced, the Court is resolved to hear him: yet Sir, thus much I must tell you before hand, of which also you have been minded at the other Courts, that if what you are to propose shall tend to dispute the jurisdiction of the Court, you are not to be heard therein: you have offered it formerly, and you have indeed struck at the root, which is the power and supreme Authority of the Commons of England, of which this Court will admit no debate; and indeed it would be an unreasonable thing in them so to do, being a Court which doth act upon that Authority, which they have received from them; they will not presume to judge upon their superiors, from whom there is no appeal. But Sir, If you have any thing to say in defence of yourself, concerning the matter with which you are charged; the Court hath given me command to let you know, they will hear you. King. Since I perceive, you will not hear any thing of Debate concerning that which I confess, I thought most material for the peace of the kingdom, and the Liberty of the Subject; I shall wave it, and speak nothing of it, only I must tell you, that these many days all things have been taken from me, but that which I call more deer unto me, than my life, which is my Conscience and my Honour; and if I had respect to my life more than to the peace of the kingdom & the liberty of the Subject; I should certainly have made a particular defence for myself, for by that at least I might have deferred an ugly Sentence, which I expect to pass upon me. Therefore undoubtedly; Sir, as a man that hath some understanding, some knowledge of the world if that my true zeal to my Country, had not over born the care of my own preservation, I should have gone another way to work then now I have done. Now, Sir, I conceive that a hasty Sentence once passed may sooner be repented then revoked; and truly the same fervent desire I have for the peace of the kingdom, and the liberty of the Subject, more than my own particulars, doth make me now at last move that, having something to say concerning both, I may be heard before my Sentence be pronounced, before the Lords and Commons in the Painted Chamber. This delay cannot be prejudicial to you whatsoever I shall utter. If I speak not reason those that hear me, must be my Judges; but if it be Reason, and really for the welfare of the kingdom, and the Liberty of the Subject; I am sure of it, it will be well worth the hearing. Therefore I conjure you, as you love that which you pretend (I hope it is real) the Liberty of the Subject & the peace of the kingdom, that you will grant me the hearing before Sentence be past. I only desire this, that you will take this into your consideration. It may be you have not heard of it before hand. If you think well of it, I will retire, and you may think of it; but if I cannot get this liberty; I do here protest, that so fair shows of liberty and peace are but pure shows and no otherwise, if in this you will not hear your King? President. Sir, you have now spoken? King. Yes, Sir. President. And this which you have spoken, is but a further declining of the Jurisdiction of this Court, which is the thing wherein you were limited before. King. Pray excuse me Sir, for my interruption, because you do mistake me. It is not a declining of it, you do judge me before you hear me speak; I say, I will not, I do not decline it; although I cannot acknowledge the jurisdiction of it. In this, give me leave, to say that though I would not, though I did not acknowledge it in this; yet I protest, this is not to decline it, since I say, If that which I shall propound be not for the peace of the kingdom and the Liberty of the Subject, than 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 offered unto us, I say, it is not altogether new unto us, although it be the first time, that in person you have offered it to the Court. Sir, you say, you do not decline the jurisdiction of the Court. King. Not in this that I have said. President. I understand you well enough Sir, nevertheless, that which you have propounded seems to be contrary to what you have said, for the Court are ready to proceed to Sentence: It is not (as you say) that they will not hear their King: For they have been ready to hear you, they have patiently waited your pleasure for three Court days together to hear what you would answer to the people's charge against you; to which you have not vouchsafed to give any answer at all. Sir: this doth tend to a further delay, and truly Sir, Such delays as these, neither may the kingdom nor Justice admit: You have had the advantage of three several days to have offered in this kind, what you were pleased to have propounded to the Lords and Commons. This Court is founded upon the Authority of the Commons of England, in whom resteth the supreme Jurisdiction: That which you now tender to the Court, is to be tried by another jurisdiction, a coordinate jurisdiction, I know very well, how you have expressed yourself, and that not withstanding, what you would propound to the Lords and Commons, yet nevertheless, you would proceed on here; I did hear you say so: but Sir, That which you would offer there, whatsoever it be, must needs be in delay of Justice here; so as if this Court be resolved and prepared for the Sentence, they are bound in justice not to grant that which you so much desire; but Sir, according to your desire, and because you shall know the full pleasure of the Court upon that, whilst you have moved, the Court shall withdraw for a time. 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. Sergeant at Arms, the Court gives command that the prisoner withdraw, and that about half an hour hence the prisoner be returned again. The time being expired, the Court returned, and the Lord President commanded the sergeant at Arms to send for his prisoner. The King being come attended with his Guard, The Lord President said unto him, Sir, you were pleased to make a motion here to the Court, concerning the desire you had to propound something to the Lords and Commons in the Painted Chamber, for the peace of the kingdom. Sir, you did in effect receive an Answer before the Court adjourned. Truly Sir, their adjournment and withdrawing was pro formâ tantum, for it did not seem to them, that there was any difficulty in the thing; they have considered of what you moved, and have considered of their own Authority, which is grounded as it hath been often said, upon the supreme Authority of the Commons of England, assembled in Parliament. The Court doth act according to their Commission. Sir, I have received an express Order from the Court, to acquaint you, that they have been too much delayed by you already, and that this which you have now offered, hath occasioned some little further delay; they are Judges appointed by the highest Judges, and Judges are no more to delay than they are to deny justice; they are good words in the old Charter of England, Nulli negabimus, nulli vendemus, nulli deferremus justitium; There must be no delay, but Sir, the Truth is, and so every man here observes it. That you have much delayed them by your contempt and default; for which they might long since have proceeded to judgement against you; therefore notwithstanding, what you have offered, they are resolved to proceed to punishment & to judgement; and this is their unanimous resolution. King. Sir, I see it is in vain for me to dispute, I am no sceptic to doubt, or to deny the power that you have: I do know that you have power enough. Sir, I confess, I do believe it would have been advantageous to the peace of the kingdom, if you would have been pleased to take the pains to show the lawfulness of your power. As for this delay, which I have desired, I do confess, it is a delay, but it is a delay that is important for the peace of the Kingdom: It is not my person, that I look on alone: It is the welfare of the kingdom, the peace of the kingdom. It is an old saying, that we should think on long, but perform great matters suddenly. Therefore, Sir, I do say again, I do put at your doors, all the inconveniencies of a hasty Sentence. I have been here now a full week, this day eight days, was the day in which I made in this place, my first appearance; The short respite but of a day or two longer, may give peace unto the Nation; whereas an hasty judgement may bring such a perpetual trouble & inconvenience upon it, that is, the child unborn may repent it. And therefore once more, out of the duty I owe to God, and to my Country, I do desire that I may be heard by the Lords and Commons in the painted Chamber, or any other place that you will appoint me. President. Sir, you have been already answered to what you have moved, it being the same motion which you made before, for which you have had the resolution and the judgement of the Court in it; and the Court would now be satisfied from you, whether you have any more to say for yourself than you have yet said, before they proceed to Sentence? King. I say this Sir, that if you will but hear me, and give me this delay, I doubt not, but I shall give some satisfaction to all that are present, and to my people that are absent; and therefore I require you, as you will answer it at the dreadful day of judgement, that you will, once again take it into your consideration. President. Sir, I have received Instructions from the Court. King. Well Sir, President. If this must be reinforced, or any thing of this nature, your answer must be the same, as it was before, and they will proceed to Sentence if you have no more to say? King. Sir, I have nothing more to say, only I desire that this may be entered what I have said. President. The Court Sir, than hath something else to say to you, which although I know will be very unwelcome; yet notwithstanding, they are resolved to discharged their duty. Sir, you have spoken very well of a precious thing, that you call a peace; and it were much to be wished that God had put it into your heart, that you had as effectually endeavoured, and studied the peace of the kingdom, as in words you seem to pretend; but as the other day, it was represented to you, that actions must expound intentions: Your actions have been clean contrary, and truly sir, it doth appear very plainly to the Court, that you have gone upon very erroneous principles. The kingdom hath felt it to their smart, and it will be no comfort to you, to think of it; for sir, you have been heard to let fall such language, as if you had not been subject to the law, or that the law had not been your superior. The Court is very sensible of it: I hope, so are all the understanding people of England. That the law is your superior: you ought to have ruled according to the law, you ought to have done so, and your pretence hath been, that you have done so: But sir, the question is, who shall be the expositors of the law, whether you and your party out of the Courts of Justice shall take upon you to expound the law? Or whither the Courts of Justice shall be the expounders themselves? nay this sovereign and high Court of Justice, the Parliament of England, who may be well be obliged to be the highest expounders of the law, since they are the sole makers of it. Sir, for you to set yourself with your single judgement, or for those who adhere unto you, to set themselves against the highest Court of Justice, there is no law for it? Sir, as the law is your superior, so truly, there is something that is superior to the law, which is the Parent or Author of the law, and that is the people of England: For as they are those who at first (as other countries have done) did chose unto themselves this form of Government, that justice might be administered and the peace preserved: so they gave laws unto their governors, according to which they were to govern; and if those laws should have proved inconvenient or prejudicial to the public, they had a power in them reserved to themselves to alter, as they should find cause. It is very true, what some of your side have alleged; Rex non habet parem in regno. This Court will affirm the same in some sense, that whilst King, you have not your peer; for you are major singulis, but they will aver again, that you are minor universis; and the same Author tells you that in exhibitione juris, you have no power, but they are quasi minimus. This we know to be law, Rex habet superiorem Deum & legem, etiam & Curiam, and so says the same Author; and he makes bold to proceed further; Debent ei fraenum ponere, they ought to bridle him. We know very well the stories of old: we cannot be ignorant of those wars that were called the Baron's wars, when the Nobility of the land did stand out for the liberty and the propriety of the subject, and would not suffer the Kings that did invade their liberties to play the tyrants, but did call them to an account for it, and did fraenum ponere. But sir, If the Nobility of the land, do forbear to do their duty now, and are not so mindful of their own honour and the kingdoms good, as the Barons of England of old have been; certainly, the Commons of England will not be unmindful of what is requisite for their preservation and their safety. Justitiae fruendi causa Reges constituti sunt. By this we learn that the end of having Kings or governors, is for their enjoying of justice, that is the end. Now sir, If the King will go contrary to that end, or if any governor will go contrary to the end of his government, he must understand, that he is but an Officer in trust, and that he ought to discharge that trust, and order is to be taken for the animadversion and punishment of such an offending governor. Sir, This is not a law of yesterday (since the time of the division betwixt you and the Parliament) but it is a law of old; And we know very well both the Authors and the Authorities that acquaint us what the law was in that point on the election of Kings, when they took their Oath to be true unto the people; and if they did not observe it, there were those remedies instituted which are called Parliaments. The Parliaments were they that were to adjudge (the very words of the Authors, the plainness and wrongs done by the King and Queen, or by their children; such wrongs especially when the people could have nowhere else a remedy. Sir, this is the Case of the people of England, they could not have their remedy else where but in Parliament. Sir, Parliaments were instituted for that intent, it was their main end, that the grievances of the people might be redressed, and truly, if the Kings of England had been rightly mindful of themselves, they were never more in Majesty or State, than in the time of the Parliament: but how forgetful some have been, Histories have informed us; and we ourselves have a miserable, a lamentable, and a sad experience of it. Sir, by the old Laws of England (I speak these things the rather to you, because you were pleased to affirm the other day, that you thought you had as much knowledge in the law as most Gentlemen of England. It is very well, Sir; and truly sir, it is very fit for the Gentlemen of England to understand the laws, under which they must live, and by which they must be governed; And then Sir, the scripture says, they that know their Master's will and do it not; you know what follows, the law is your Master, the acts of Parliament) the Parliaments were anciently to be kept twice in the year, as we find in our old Author, that the Subject upon any occasion might have a remedy and a redress for his grievance. Afterwards by several acts of parliament in the days of your Predecessor Edward the third; they were to be but once a year. What the Intermission of parliaments in your times hath produced, is very well known, and the sad consequences of it; as also what in the interim instead of parliaments, there hath been by you, by a high and arbitrary hand introduced upon the people. But when God by his providence had so far brought it about, that you could no longer decline the calling of a parliament, a parliament was called, where it may appear what your ends were against your ancient and native Kingdom of Scotland, but this parliament of England not serving your turn against them, you were pleased to dissolve it. Not long after, another great necessity occasioned the calling of this parliament, and what your Designs and endeavours all along have been for the crushing and confounding of it, hath been most notorious to the whole kingdom. And truly Sir, in that you did strike at all, It had been a sure way to have brought about that which this Charge doth lay upon you; your intention to subvert the fundamental laws of the land, for the great Bulwarks of the people's liberty, is the parliament of England, and to subvert and root up that, which your aim hath been to do, would certainly at one blow, have confounded the liberties and the properties of England. Truly Sir, It makes me to call to mind (I cannot forbear to express it) for sir, we must deal plainly with you according to the merits of your Cause, for so is our Commission, It makes me, I say, to call to mind what I have read of a great Roman Emperor, a great Roman Tyrant, I may call him, Caligula by name, who wished that the people of Rome had but one neck, that at one blow he might cut it off: Your proceedings have been something like to this, the people of England have been and are nowhere else to be represented but in parliament; and could you have but confounded that, you had at one blow cut off the neck of England: But God hath reserved better things for us, and hath been pleased to break your forces and to overthrow your designs, and to bring your person into custody, that you might be answerable unto justice. Sir, we know very well, that it is a question which hath been much pressed by your side, By what precedents we shall proceed. Truly sir, for precedents, I shall not at this present make any long discourse on that subject; howsoever, I shall acquaint them that it is no new thing to cite precedents all most out of all Nations, where the people (when power hath been in their hands) have not sticked to call their Kings to an account, and where a change of Government hath ensued upon the occasion of the Tyranny and misgovernment of those that have been placed over the people. I will not waste time, to mention France or Spain, or the Empire of Germany, or any other country; volumes may be written of it: But truly sir, that precedent of the kingdom of Arragon hath by some of us been thought upon. The justice of Arragon, is as a man tanquam in medio positus, it is placed between the people of that country and the king of Spain; so that if wrong be done by the King of Arragon, the justice of Arragon hath power to reform that wrong and he is acknowledged, the King's superior; and bring the grand prisoner of the privileges, and liberties of the people; he hath prosecuted against the Kings for their misgovernment. Sir, What the Tribunes were heretofore to Rome, and what the Ephori were to the State of Lacedaemon, we sufficiently know, they were as the parliament of England to the English State: and though Rome seemed to have lost her liberty when once the Emperors were constituted; yet you shall find some exemplar Acts of justice even done by the Senate of Rome, on the great Tyrant of his time Nero, who was by them condemned and adjudged unto death. But why Sir, should I make mention of these foreign Histories and Examples unto you. If we shall look but over the Tweed, we shall find examples enough in your native kingdom of Scotland. If we look on your first king Forgusius, he was an elective King, he died and left two sons, both in their minority: The elder brother afterwards giving small hopes to the people, that he would govern them well; so because he endeavoured to have supplant his Uncle, who was chosen by the people, to govern them in his minority; he was rejected by the people for it, and the younger brother was chosen, &c. Sir, I will not take upon me to express what your Histories do at large declare; you know very well that you are the hundred and ninth King of Scotland; to mention all the Kings, which the people of that kingdom, according to their power and privilege, have made bold to deal withal, either to banish, imprison, or put to death, would be too long a story for this time and place. Reges (say your own Authors) we created Kings, at first, Leges, &c. we imposed Laws upon them, and as they were chosen by the Suffrages of the people at the first, so upon the same occasion, by the same Suffrages they may be taken down again; and of this, I may be bold to say, that no kingdom in the world hath yielded a more plentiful experience, than your native kingdom of Scotland, on the deposition and the punishment of their transgressing Kings. I need not go far for an Example, your Grandmother was set aside, and your father an Infant crowned. This State hath done the like in England. The Parliament and people of England, have made bold to call their King to an account therein, frequent Examples of it in the Saxons time, the time before the Conquest, and since the Conquest, there have not wanted some precedents: King Edward the second, King Richard the second, were so dealt with by the Parliament, and were both deposed, and deprived, and truly Sir, whosoever shall look into their stories, shall not find the Articles that are charged upon them to come near to the height, and the capitalness of the crimes that are laid to your charge, nothing near. Sir, you were pleased the other day to allege your Descent, and I did not contradict it, but take all together, if you go higher than the Conquest, you shall find that for almost a thousand years these things have been, and if you come down since the Conquest, you are the four and twentieth King from William called the conqueror, and you shall find one half of them to come merely from the State, and not merely upon the point of Descent. This were easy to be instanced. The time must not be lost that way. I shall only represent what a grave and learned Judge said in his time, who was well known unto you, the words are since printed for posterity: That although there were such a thing as a Descent many times, yet the Kings of England ever held the greatest assurance of their Titles, when it was declared by Parliament. And Sir, your Oath, and the manner of your Coronation, doth planly show, that the Kings of England, although its true by the Law, the next person in blood is designed, yet if there were a just cause to refuse him, the people of England might do it. For there is a Contract and a bargain made betwixt the King and his people, and your Oath is taken, and certainly Sir, the Bond is reciprocal, for as you are Liege Lord, so are they Liege Subjects, and we know very well that Legantis est duplex, the one is a Bond of perfection, that is due from the sovereign, the other is a Bond of Subjection which is due from the Subject, for if this Bond be once broken, farewell sovereignty, Subjectio trahit, &c. These things may not be denied, for I speak it the rather (and I pray God it may work upon your heart) that you may be sensible of your miscarriages, for whether you have been as you ought to be, a Protector of England, or a destroyer of England, let all England judge, or all the world that hath beheld it; and though Sir, you have it by inheritance, in the way that is spoken of, yet it cannot be denied, but your Office is an Office of Trust, and indeed an Office of the highest Trust that can be lodged in any single person. For as you were the grand Administrator of Justice, and others were but as your delegates, to see it executed through your Dominions. If your great Office were to do Justice, & preserve your people from wrong, if instead of executing Justice, you will be the grand and public disturber of the peace, surely this is contrary to your Office and your Trust. Now Sir, if it be an office of inheritance (as you speak of your Title by descent) let all men understand, that great Offices are seizable, and forfeitable, as if you had it but for a year, or for your life. It will therefore much concern you to take into your serious consideration, your great miscarriages in this nature. Truly Sir, I shall not in this place undertake to give you the particulars of the many miscarriages of your Reign, whatsoever they have been, they are notoriously known. It had been happy for the kingdom, and for yourself also, if they had not been so much known, and so much felt, as they are everywhere complained on, and reported. Sir, that we are now upon by the command of the highest Court, hath been and is to bring you to your trial, and to judge you for these great offences of yours: Sir, the Charge hath called you Tyrant, a traitor, a murderer, and a public enemy to the Common wealth; Sir, it had been well, if these terms might rightly and justly have been omitted; nay, if any one of them all. King, Ha! President, Truly, we have been told, Rex est, qui bene regit, Tyrannus qui populum opprimit, and if that be the definition of a Tyrant, then see if you come short of it in your Actions, and whether not the highest Tyrant by that way of arbitrary Government, which you sought to introduce, and were putting upon the people. Examine with yourself, if that were not as high an act of Tyranny, as any of your predecessors were guilty of, yea many degrees beyond it. Sir, the Term traitor cannot be spared, we shall easily conclude that it doth enforce and denote a breach of Trust, and it must be supposed to be done by a superior, and therefore as the people of England, might have encurred that term, if they had been truly guilty of it, as to the definition of the Law; so on the other side when you did break your Trust to the kingdom, you did break your Trust to your superior; For the kingdom is that for which you were trusted; And therefore when you are called to an account for this breach of trust, you are called to account by your superior. Minimus Majorem in judicium vocat: And Sir the people of England cannot be so wanting to themselves, (whom God hath dealt so miraculously and gloriously for) they having both power and their great enemy in their hand, but they must proceed to Justice to themselves and to you; For Sir, the Court could heartily desire that you would lay your hand upon your heart, and consider, what you have done amiss, and that you would endeavour to make your peace with God. Truly Sir, These are too high Crimes, Tyranny and Treason. There is a third, if those two had not been, and that is murder, which is laid to your charge also. All the bloody murders that have been committed since the Division betwixt you and your people, must be laid to your charge. Sir, It is a heinous and a crying sin, and truly Sir, If any man will ask us what punishment is due unto a murderer, let God's law, let man's speak. I will presume you are so well read in the holy Scripture as that you know what God himself hath said concerning the shedding of man's blood, Gen. 9 and Numb. 35. will tell you what the punishment is, and this Court in the behalf of the Kingdom are sensible of that innocent blood, that hath been shed, & the land indeed stands still defiled with that blood and as the Text hath it; It can no way be cleansed, but by the shedding of the blood of him who shed that blood. Sir, We know no dispensation from this blood in the commandment, Thou shalt do no murder, we do not know but that it extends to Kings as well as to the meanest peasants, the meanest of the people, the Command is universal. Sir, God's law forbids it, man's law forbids it; nor do we know that there is any manner of execution, not even in man's laws, for the punishment of murder in you. 'tis true, that in the Case of Kings, every private hand, is not to put forth its self to this work, for their reformatian or punishment; but the people represented having power in their hands (were there but one wilful Act of murder by you committed) have power to convent you, and to punish you for it. The weight Sir, then lying upon you in all these respects, that have been spoken, for your Tyranny, Treason, Breach of Trust, and the murders that have been committed, surely it should drive you into a sad consideration concerning your eternal estate. I know it cannot be acceptable to you, to hear any such things as these mentioned from this Court, for so do we call ourselves, and justify ourselves to be a Court, and a High Court of Justice, authorized by the highest and solemnest Court of the kingdom, as hath been often already said. And although you have endeavoured, what lay in you to discourt us; yet we do take knowledge of ourselves to be such a Court, as can administer justice to you, as we are bound in duty to it. Sir, All I shall say, before the reading of the Sentence, is but this. The Court doth heartily desire, that you will seriously consider of those Evils, that you stand guilty of. You said well the other day, you wished us to have God before our eyes. Truly Sir, I hope all of us have so, that God whom we acknowledge to be King of Kings and Lord of Lords, that God with whom there is no respect of persons; that God who is the avenger of Innocent blood; that God have we before our eyes, that God who bestows a Curse upon them, who in the case of guilty malefactors that deserve death, do withhold their hands from shedding of blood: Sir, That God we have before our eyes, and were it not that the Conscience of our duty hath called us into this place and this employment, you should have had no appearance of a Court here. But sir, we must prefer our respect unto God and to the kingdom, above any respect whatsoever; and although at this present, many of us, if not all of us are severely threatened by some of your party, what they intend to do; yet we do here declare, that we shall not decline or forbear the doing of our Duty in the administration of Justice, even to yourself; and that according to the merit of your offence; although God should permit those men to effect all their bloody designs in hand against us. Sir, we will say, and we will declare it as those Children in the fiery furnace, who refused to worship the Golden Image, that Nebuchadonazar had set up. That their God was able to deliver them from the danger they were near unto; but if he did not deliver them, yet they would not fall down and worship the golden Image. We shall make this application of it. That though we should not be delivered from those bloody hands and hearts, who conspire the overthrow of the kingdom in general, and of ourselves in particular, for being actors in this great work of Justice; though I say, we should perish in the work, yet by the grace & in the strength of God, we are resolved to go on with it. And those are the entire resolutions of us all. Sir, I say, for yourself, that we do heartily wish and desire that God would be pleased to give you a sense of your sins, that you may see wherein you have done amiss, and that you may cry unto him, that God would deliver you from blood guiltiness. A good King, David by Name, was once guilty of that particular guilt; he was otherwise upright, saving in the matter of Uriah. Truly Sir, the History doth represent unto us, that he was a repentant King, and and he had died for his sin, but that God was pleased to be indulgent to him, and to grant him his pardon, Thou shalt not die (saith the Prophet) but the child shall die; Thou hast given cause to the Enemies of God to blaspheme. King. I would only desire to be heard, but one word, before you give sentence, and it is that (to satisfy the world when I am dead) you would but hear me concerning those great Imputations which you have laid unto my charge. President. Sir, you must now give me leave to proceed, for I am not far from your Sentence, and your time is now past. King. I shall desire you, that you will take these few words into your consideration; For whatsoever sentence you shall pronounce against me in respect of those heavy imputation, which I find you have laid to my charge; yet Sir, It is most true that— President. Sir, I must put you in mind, I must Sir, although at this time especially, I would not willingly interrupt you in any thing you have to say, which is proper for us to admit; but Sir, you have not owned us as a Court, and you look upon us, as a sort of people huddled together, and we know not what uncivil 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 yourself to us, whom you do not acknowledge to be a Court for us (I say) to judge what you shall speak is not to be permitted; and the truth is all along from the very first, you have been pleased to disavow and disown us; The Court needed not to have heard you one word; for unless they be acknowledged a Court and engaged, it is not proper for you to speak. Sir, We have given you too large an indulgence of time already, and admitted so much delay, that we may not admit of any more. If it were proper for us, we should hear you very freely, not decline to hear the most that you could speak to the greatest advantage for yourself, whether it were totally, or but in part excusing those great & heinous charges which are laid upon you. But I shall trouble you no longer, your sins are of so large a dimention, that if you do but seriously think of them, they will drive you into a sad consideration; and we wish that they may improve in you a sad and serious repentance. And it is the desire of the Court, that you may be so penitent for what you have done a miss, that God may at least, have mercy on your better part. As for the other, it is our part and duties, to do that which the law prescribeth, we are not now here jus dare, but jus dicere; we cannot be unm●ndfull of what the word of God tells us. To acquit the guilty, is of an equal abomination, as to condemn the Innocent; we may not acquit the guilty, what sentence the law pronounceth to a traitor, a tyrant, a murderer, and a public enemy to the Country, that sentence you are now to hear read unto you, and that is the Sentence of the Court. Hereupon the Lord President commanded the Sentence to be read; Whereupon M. King, who was Cryer of the Court, having commanded silence by his oyez, the Clerk read the sentence, which was drawn up in Parchment, and did run in these words. Whereas the Commons of England in Parliament, had appointed them an high Court of Justice for the trial of Charles Stuart King of England, before whom he had been three times convented, and at the first time, a Charge of High Treason and other Crimes and misdemeanours was read in the behalf of the kingdom of England; which Charge followeth in these words: This Charge being read (said the Clerk) Charles Stuart was required to give his answer, which he refused to do, but expressed these passages, and many more such as these are, in refusing to answer. The Clerk (having repeated many passages, during the time of his trial, in which the King showed an averseness to acknowledge the Court) did proceed to read the Sentence, which was in these words. For all which Treasons and Crimes, this Court doth adjudge, That the said Charles Stuart as a Tyrant, traitor, murderer, and a public Enemy, shall be put to death, by severing his Head from his Body. This Sentence being read, the Lord President said; This Sentence now read and published, is the Act, Sentence, Judgement, and resolution of the whole Court. Hereupon, the Court stood up, as assenting to what the precedent said. King. Will you hear me one 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 the sentence— By your favour Sir, I may speak after Sentence ever. The Guard drawing to him, he said unto them; by your favour hold: and turning to the precedent, he said; the Sentence Sir,— I say Sir, I do— but being not permitted to proceed, he said, I am not suffered to speak, expect what Justice other people will have. Cryer. All manner of persons that have any thing else to do, are to depart at this time, and to give their attendance in the Painted Chamber, to which place this Court doth forthwith adjourn itself. Then the Court arose, and the King's guard did bring him to Sir Robert Cotton's house, and he was afterwards conducted to Saint James'. The names of those who were present at that High Court of Justice, when the Sentence of Death was pronounced against Charles the first monarch of great Britain. Sergeant Bradshaw President. John Lisle. William Gray. Ol. Cromwell L. G. Commissary Gen. Ireton. Sir Hardres Waller. Colonel Harrison. Colonel Haley. Colonel Pride. Col. Ewer. Lord Gray of Groby. Sir John Danvers. S. Thomas Malleneret. Sir John Bourchier. William Heauningham Alderman Pennington Henry Martin. Col. Purefoy. Col. Berkstead. Col. Thomlinson. Mr. Blakston. Mr. Millington. Sir Gregory Norton. Col. Harvey. Col. Ven. Mr. Scot. Alderman Andrews. Mr. Cawley. Mr. Burrel. Col. Stapeley. Col. Domnes. Mr. Norton. L.S. Hammon. Mr. Love. Mr. Potter. Mr. Garland. Sir William Constable. Col. Ludlow. Col. Hutchinson. Sir Miles Livesey. Mr. Dixwell. Colonel Fleetwood of Bucks. Mr. Main. Jacob Temple. Mr. Blagrave. Col. White. Col. Titchburn. Col. Rout. Col. Scroop. Col. Lilburn. Col. Dean. Col. Okey. Col. Hewsen. L. Col. Goff. Cornelius Holland. Mr. Carew. John Joanes. Miles Corbet. Mr. Allen. Peregrine Pelham. Col. Moor's. Mr. Eldicer. Mr. Smith. Mr. Edwards. Mr. Clement. Col. Wogan, &c. His majesty's Reasons. Against the pretended Jurisdiction of the High Court of Justice, which he had intended to have given there on Monday Jan. 22. 1649. Faithfully transcribed from the original Copy of the King. SInce I have already made my Protestation, not only against the illegality of this pretended Court, but that no power on earth, can justly call me (who am your King) into question as a Delinquent. I would no longer have opened my mouth on this Argument, but have referred myself to those things which I then spoke, if this only concerned my own particular; But the duty which I owe to God, to preserve the true liberty of my people doth not permit me at this time, I should be silent; for how can any free born Subject of England call his life or any thing he doth possess his own, if power without law can daily make new, and abrogate the old and Fundamental Laws of this Land, which I judge to be the present case? Wherefore when I was brought hither, I expected that you would have studied to satisfy me in these fundamentals which do hinder me from putting in my Answer to the pretended charge, but since I do observe, that nothing which I can allege can persuade you to it (although negatives are not so naturally proved, as affirmatives) yet I have thought good to declare unto you the Reasons for which I am confident, you are not in a capacity to judge me, nor the vilest man in England, for without showing my Reasons, I will not (as you) be so unreasonably importunate, as to exact either belief or obedience from my Subjects. Here was I restrained, and not suffered to speak any more of Reasons, there is no just process against any man, which deriveth not its authority, either from the Law of God, or from the municipal Laws of the Land. Now I am most sure, that the process at this day made against me, cannot be confirmed by the law of God; for on the contrary the necessity of obedience is clearly confirmed, and straightly commanded in the old and new Testament; which if it be denied, I am prepared presently to prove it; and as for the question now in agitation, it is said there, Where the word of a King is, there is power, and who can say unto him, what dost thou? Eccles. 8. v. 4. Then as to the laws of the land, I am as confident that no learned lawyer will affirm, that any charge can be brought against the King, since they all go forth under his name, and it is one of their axioms, that the King can not do an injury. Moreover the law on which you do ground your process, is either old or new, if it be old, show that law unto me, if it be new, tell me what Authority established by the fundamental laws of this land did give it birth and when? but how the House of Commons can erect a tribunal of Justice, which was never one itself (as all lawyers will confess with me) I leave it to God and to the world to judge; and it will seem most strange to any who ever have heard of the laws of England, how they can pretend to make laws without either the King, or the House of peers. Nevertheless it be admitted, but not granted, that a commission from the people of England, is able to confirm your pretended power, yet I see nothing that you can show for it for I am confident that you never asked that question of the 10th man in the kingdom; & in this method you do a most apparent injury, even to the poorest ploughman, if you ask not his consent, neither can you pretend any colour to this your pretended Commission, if you have not the concurring voices of at least the greatest part of this Nation, of every degree and quality, which you are so far from obtaining, that I am confident you never so much as sought it. You see then, that I do not only speak for my own Right, as I am your King, but also for the true liberty of all my subjects, which consisteth not in dividing the power of Government, but in living under such laws, and such a Government, as may grant them the best security of their lives, and the propriety of their goods. In this I ought not to be forgetful, neither do I forget the privileges of both Houses of parliament, which these proceedings do not only violate, but give an occasion of the greatest breaking of the public faith; and such (I believe) as the like was never heard of before, with which I will not at all, charge both Houses, for the pretended crimes which they impose upon me, are far before the Treaty at Newport, in which when I assented to, and did conclude as much as possibly lay in my power, and did justly expect the assent of both Houses, I was suddenly taken from thence and carried away as a prisoner, and against my will, I was hurried hither; and since I came to this court, I cannot with all my endeavours, defend the ancient laws and liberties of this kingdom, together with my just privileges, and as much as I can possibly discern the upper House, which is the House of Lords, is totally excluded. And as for the House of Commons, it is too much known, that the greater part of them are either imprisoned, or affrighted from sitting, so that if I had no other Cause, this was sufficient enough to make me to protest against the authority of your pretended tribunal. Besides all these things, the peace of the kingdom, is not the least part of my cares, and what hope can there be of establishing it, as long as power reigneth without the Rule of the Law, changing the whole frame of the Government under which this kingdom hath flourished these many ages; neither will I speak what is likely to follow, if these unlawful proceedings shall yet continue against me; for I believe the Commons of England, will give you no thanks for this change, especially, when they shall call into their minds, how happily they heretofore have lived in the Reigns of Queen Elisabeth, and of the King my Father, and in my own Reign before the beginning of these unhappy tumults; and they will have a just cause to doubt, if they shall be so happy in any new Government. In that time it will most evidently appear that I only took up Arms to defend the fundamental Laws of this kingdom against those who opposed my power, and totally would have subverted the ancient Government. Having so briefly declared my Reasons to you, for which I could not submit to your pretended Authority, without violation of the Trust which God hath committed to me for the safety and liberty of my people. I expect from you either clearer Reasons to convince my Judgement, by demonstrating to me that I am in an Error, (and then surely, I shall be ready to give you an Answer) or else, that you suspend your present proceedings. This I had determined to have spoken in Westminster Hall on Monday, the two and twentieth of January, but against Reason I was prohibited to pronounce my Reasons. In the year 1648. English style. 1649. vulgar style. The End. The Speech of King Charles upon the Scaffold at the gate of White Hall; immediately before the execution. January 30. ABout ten in the morning, the King was brought from Saint James' Court, he did walk on foot through the Park, with a Regiment of Foot, one half before him, and the other behind him, their Colours flying, and their Drums beating, his private guard of Partisan with some of his Gentlemen did go immediately bare headed before him, and some part of them behind him; but those who were next of all unto him behind, were Dr. Juxon and Colonel Thomlinson, to the last of whom the care and charge of his Person was committed, these two being barehead did talk with him all along the Park, and as you go up the stairs into the Gallery, and so into the cabinet chamber, where he used to lie, in which place, he continued at his Devotion and refused to dine, because he that morning had taken the Sacrament, only about one hour before he came forth he drank a glass of Claret wine, and did eat a crust of bread about twelve of the clock at Noon. From thence he was accompanied by Doctor Juxon, Col. Thomlinson, and other Officers formerly appointed to be his Guard, and with the private Guard of partisans, with musquetiers on either side, through the banqueting house, at the farther end, on the outside whereof the Scaffold was erected, near unto the Gate of White Hall. The Scaffold was hung round with black, and the floor was covered with black, & the axe and the Block laid on the middle of the Scaffold. There were several Companies of Foot, and Troops of Horse placed on the one side of the Scaffold, and the other, and multitudes of people that thronged to see so rare a spectacle were very great. The King was no sooner come upon the Scaffold, but he looked very earnestly on the Block, and asked Col. Hacker, if there were no higher, and then spoke thus, directing his speech chiefly to Colonel Thomlinson. I Shall be very little heard by any of the people, I shall therefore speak a word or two to you who are here. Indeed I could hold my peace very well, if I did not think that my silence would make some men think, that I did submit to the guilt, as well as to the punishment; but I conceive it is my duty, First unto God, and afterwards to my country, to vindicate myself, as an honest man, a good King, and a good Christian. I shall begin first with my Innocency; Introth I think it not very needful for me to insist long upon this, for all the world knows that I never did begin war with the two Houses of Parliament, and I call God to witness, to whom I must shortly make my account, that I never did intend to encroach upon their privileges: they began with me, It was the Militia they began upon, they confessed that the Militia was mine, but they thought it fit to have it from me, and to be short if any man will look to the Dates of Commissions, of their Commissions ormine; and likewise to the Declarations, will find clearly, that they began those unhappy troubles, not I; so that as for the guilt of these enormous crimes, which are laid upon me, I hope in God, that God will clear me of them. I am in charity, I will not, and God forbid that I should lay it upon the two-Houses of Parliament, there is no necessity of either; I hope they are free from the Guilt, for I do believe that evil instruments between them and me have been the chief cause of all this bloodshed, so that by way of speaking, as I find myself clear of this, I hope, and I pray God, that they may too; yet for all this, God forbid, that I should be so ill a Christian, as not to say that God's judgements are just upon me. Many times he does inflict Justice by an unjust Sentence; this is ordinary; I will only say, that an unjust Sentence, * The Earl of Strafford That I suffered to take effect, is punished now by an unjust Sentence upon myself. This is to show you, (as I have said) how far I am an innocent man. Now for to show you, that I am a good Christian, I hope there is a good man * Pointing at doctor Juxon. , who will bear witness with me, that I have forgiven all the world, and even those in particular, who have been the chief causers of my Death; who they are, God knows. I do not desire to know, 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 Saint Stephen that this be not laid to their charge; nay, not only so, but that they may take the right way to the peace of the kingdom; for my charity commands me, not only to forgive particular men, but my charity commands me to endeavour to the last gasp the peace of the kingdom. This Sirs, I do wish with all my Soul, and I do hope, (there are some * Turning to some Gentlemen who took his Speech in short writing. who will carry it further) that they may endeavour the peace of the kingdom. Now Sirs, I must show you both how you are out of the way, and I will put you into a way: First, you are out of the way; for certainly, all the way in which as yet you have gone, as I could ever find out by any thing, is in the way of conquest; 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 to defend a just Title, and if in the prosecution of the quarrel, you shall go beyond this, it will make that unjust at the end, which was just at the beginning. But if it be only matter of conquest, therein it is a great robbery, as a pirate said to Alexander, that he was a great robber, and that he himself was but a petty robber: and thus Sirs, I do think, that the way you are in, is much out of the way; Now Sirs, for to put you in the way, believe it, you will never do right, nor will God ever prosper you, until you give God his due, and the King his due, that is, in their course of time, my Successors, and until you give the people their due; I am as much for them as any of you are. You must give God his due, by regulating aright his Church according to his Scripture; your church is now out of order, for to set you particularly in a way now, I cannot, but only by a Synod of the whole Nation, who being freely called, and freely debating amongst themselves, may by God's blessing settle the Church, when every opinion is freely and clearly discussed. For the King indeed, I will not much insist— Then turning to a Gentleman whose cloak he observed to touch the edge of the axe, he said unto him, Hurt not the axe, meaning by blunting the the edge thereof, for that he said might hurt him. Having made this short digression, he proceeded; For the King, the laws of the land will clearly instruct you, what you have to do; but because it concerns my own particular, I only do give you but a touch of it. As for the People, truly I desire their liberty and freedom, as much as any whosoever; but I must tell you, that their liberty and freedom consists in having of government by those laws, by which their lives, and their goods may be most their own. It is not for them to have a share in Government, that is nothing Sirs, appertaining unto them. A Subject and a Sovereign are clean different things; and therefore until that be done, I mean, until the people be put into that liberty, which I speak of; certainly they will never enjoy themselves. Sirs, It was for this that now I am come here; If I would have given way to an arbitrary power to have all laws changed according to the power of the sword; I needed not to have come hither, and therefore I tell you, and I pray God that it be not laid to your charge, that I am the martyr of the people. In troth Sirs, I shall not hold you much longer, I shall only say this unto you, that in truth, I could have desired some little longer time, because I had a desire to put this, that I have said into a little more order, and to have a little better digested it than I have now done; and therefore, I hope you will excuse me. I have delivered my conscience, I pray God that you do take those courses, that are most for the good of the kingdom, and your own salvations. Doct. Juxon. Will your Majesty although the affection of your Majesty to Religion is very well known; yet to satisfy expectation, be pleased to speak something for the satisfaction of the world. King. I thank you very heartily (my Lord) because I had almost forgotten it. In troth Sirs, my Conscience in Religion, I think is already very well known to all the world; and therefore I declare before you all, that I die a Christian, according to the profession of the Church of England, as I found it left by my Father; and this honest man * Pointing at Dr. Juxon. I think will witness it. Then turning to the Officers he said; Sirs, excuse me for this same, I have a good cause, and I have a gracious God, I will say no more. Then turning to Colonel Hacker he said. Take care they do not put me to pain, and Sir this if it please you; but then a Gentleman, one Mr. Clerk, coming near the axe, the King said, take heed of the axe, pray take heed of the axe: Then the King turning to the Executioner, said, I shall say but very short prayers, and when I stretch forth my hands— Then the King called to Doctor Juxon for his nightcap, and having put it on, he said to the Executioner: Will my hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the assistance of the Executioner and the Bishop; the King then turning to Doctor Juxon said, I have a good Cause and a gracious God on my side. Doctor Juxon, There is but one stage more, This stage is turbulent indeed and troublesome, but very short, and which in an instant will lead you a most long way from earth to Heaven, where you shall find great Joy and Solace. King, I go from a corruptible to an incorruptible Crown, where can be no trouble, none at all. Doctor Juxon; You shall exchange a temporal Crown for an eternal one, it is a good change. The King then said unto the Executioner, Is my hair as it should be? He then did put off his cloak, and his George, which he gave to doctor Juxon, saying, Remember It is thought to be delivered to the Prince. . He immediately afterwards, did put off his Doublet, and did put on his cloak again, and looking on the Block, he said unto the Exkcutioner, you should make it to be steady. Execut. It is so. King, It might have been something higher. Execut. It cannot be made higher now. King, When I shall stretch forth my hands in this manner, then— After that, when standing, he had spoke two or three words unto himself, with his hands, and eyes lifted up towards Heaven, immediately stooping down, he laid his neck upon the Block, and when the Executioner had again put all his hair under his cap. The King said, Stay till I give the Sign. Execut. So I do, if it please your Majesty; and after a very little respite, the King did stretch forth his hands, and immediately the Executioner at one blow did sever his head from his Body. Sic transit gloria Mundi. The present war parraleled. Or A brief Relation of the five years Civil wars of Henry the the third, King of England, with the event and issue of that unnatural War, and by what course the kingdom was then settled again. HEnry the third of of that Name, (a man more pious than prudent a better man than King) swayed the sceptre of this kingdom 56. years. The former part of his Reign was very calm, the latter as tempestuous. The main Tempest was thus raised, the King for many years during that high calm, had sequestered himself wholly to his harmless sports and recreations, and entrusted the whole managery of the State to his officers & Ministers. These taking advantage of his majesty's carelessness (the main fault of this King) insensibly sucked and drained the Revenues of Crown and kingdom; till the King awakened by extreme necessity, began to inquire, not how he came in (for his necessities would not permit that) but how he might get out. The best way that his evil counsellors could find to relieve their Master and save themselves, was (the ordinary way of supply in Parliament declined, to have recourse to Monopolies, Patents, and other extraordinary and illegal Taxations. But (praeter natural courses are never long-lived) the free born English would not long endure such slavery. When the King saw there was no other remedy, he throws himself into the bosom of his people for relief and advise in * anciently called the wood or mad Parliament ordinarily in History styled i●sanum Parlimentum. Fabian. Parliament * Chron. Norwic. where they undutifully taking advantage of his majesty's extremities, in stead of relief outbrave him publicly, with a * Like the Remonst. of Decem. 15. 1641. Catalogue of all the mistakes, and all the misfortunes of his former government; which coming to the people's ears soon stole away their hearts, and alienated their affections from their sovereign, and left him wholly to the mercy and will of his Parliament. They sensible hereof, and that the reins of Government were now cast upon their necks, (like Apollo's Horses, when Phaeton had the driving of them) ran violent by courses, till they set the whole kingdom on fire. Matt. West. & Mat. Paris. So far they went, as to make an Ordinance, That whereas there was a present want of a through Reformation in the State, the Government whereof should be put into the hands of four and twenty, Qui Regia potestate suffulti, who being armed with sovereign power, should take upon them the whole care and Government of the kingdom, should nominate and appoint the chancellor, Treasurer, Chief Justices, governors of Forts, Castles, and navy, and all other great Officers and Ministers of State for all times to come. To this traitorous Ordinance, the King, Metu incarcerationis perpetuae compulsus est consentire, Mat. West. for fear of perpetual imprisonment, was enforced to give his royal assent: and for further security, to be content to give it under the great Seal, and upon Oath, that whensoever he attempted to assume unto him his regal Power, Liceat omnibus de Regno nostro contra nos insurgere, Chron. orig. sub sigillo. & ad gravamen nostram opem & operam dare, ac si nobis in nullo tenerentur. It should be lawful for all his Subjects to rise against and oppose him, as if they owed no allegiance to him. Strange it is, that he should be content to be a mere Cipher, Nil nisi pro umbra a nominis habebatur. Mat. West. that so lately was the only Figure of the whole kingdom, that he should be content to part with at once with every tittle of sovereignty, but the bare title! but prodigious, that so many choice Senators, so many Fathers and Judges of Law, and conscience, should so forget God and themselves, as to give their assent for the total subverting of the regal authority, when as they had all taken their corporal oaths, De terreno honore dicto Regi & haeredibus ejus servando. Mat. West. Which Oath was well kept (saith mine author) Ordinando ne unquam regerent, sed semper ab aliis regerentur: by making an Ordinance that they should never rule again, but always be ruled by others. These four and twenty thus settled, Regist. Roffen. continue the Parliament during their pleasure, put the kingdom in a posture of Defence, place governors of their own choosing, Such as they could confide in, in the chief Forts, nominate and appoint Judges of Assize, sheriffs of Counties, Coroners, bailiff (discharging those that were made by the King) Took an Oath of them all respectively. And here they would make the people believe they should never be troubled with licentious sovereignty again; (but never more as it proved:) for now every one of them began to value his own worth, and to hammer his head on every design, that might enlarge his own power and command. In brief of so many subjects they became totidem tyranni, as the book of Saint Albans speaks) so many Tyrants, and for one bad King before, they have four and twenty worse. But England (like old Rome) cannot long endure more Kings than one: great faction and deadly feud arose between the chiefest of them; which the rest taking into consideration, and perceiving that by so many heads, not only Monarchy was dissolved, but faction and debate every day increased upon them, so wrought, that all, but five, agreed that the foresaid Ordinance should be repealed, and the King restored to his pristine power. But those five Members stiffly oppose this agreement, and for the maintenance of their cause, trahunt multos pseudo prophetas, lupos in ovium vestimentis, qui contra Christi Vicaraos, M. Westm. Preaching that Religion could never be throughly reformed, or the differences fully composed sine gladio materiali, and that all that should lose their lives in this cause were Martyrs. Rishang. & Christum Domini Regē ipsum murmurant, non ut spiritus sanctus eloqui; sed ut superioris potestatis contemptores obloqui dabant: they drew to their side many lying Ministers (Wolves in the sheep's clothing) who murmur and speak evil against the Lord's anointed, not as the Holy spirit gave them utterance, but as the despiser of dignities gave them their Lessons. These Incendiaries by their sheep's clothing (a fair conversation) drew the people everywhere to side with them against the K. and those that wished the King his former power. Which the King perceiving, and how the multitude grew every day more and more tumultuous, Chr. Dunst. (for all things were now carried by tumults) was advised by his Privy council to withdraw himself (lest His person might be endangered) from the Parliament (then held at Westminster) to His Castle of Windsor. After some contestation at this distance, it was agreed upon by the King and his adherents, and the five members and their adherents, that the difference should be referred to the French King's arbitrement. * Rishanger The King of France upon the day of hearing, gave sentence that the said Ordinance, whereby the King was deprived of his regal power, should be made null. The five members and their complices seeing this, (notwithstanding they had bound themselves by oath to stand to his award) flew off, and resolving to have their own wills, drew into arms, made choice of the Earl of Leicester for their General (& for their own private interest, pretending the public good) drew the greatest part of the Kingdom after them, * Cotton. so easy it is to draw the fickle multitude to the wrong side) crying everywhere at first, Liberty and Religion, though towards the end of the war not a word of either. By their fair pretences, they gained so far upon the Londoners, holinsh. that they generally enter into a Covenant to assist the Earl: For which purpose (besides a new Major or bailiff) they choose two Commanders, Thomas Pywelsden and Stephen Buckerell, at whose command, by the tolling of Saint Paul's great Bell, they were to be in arms upon any occasion. Their first exploit was a march to Isleworth in a tumultuous manner, where they plundered and fired the King's brother's manor house. The Earls Army by this time on their march, plundered all that were disaffected to their cause and proceedings, and imprisoned them: * Rishanger. especially those that stood any way affected to the Queen: for they all (but most of all the Londoners) were most maliciously bent against her; insomuch that as she was passing the Thames near the bridge, For dissuading the King to stand to the aforesaid Ordinance of Parliament. a rude rabble of the City got together on the bridge, and with confused yellings cried, Drown the witch, &c. and by throwing dirt and stones at her, drove her back: which impious affront was punctually remembered in the first fight; as you shall hear anon: Besides this main army under the Earl of Leicester, Rishanger they had another army under the command of the Lord Ferrer, of (whom descended the late Lord of Essex) who behaved himself insolently towards the King, in destroying his Parks as he Marched, &c. which in the conclusion cost him dear; yet to delude the people, the main army bore before them the King's arms, and to show they were for the King, when they had displaced the old Governors of the King's Castles and Forts, and placed in such as they could confide in, they gave them an Oath to be true to the King, and to keep those Holds to the use and benefit of the King and State; yet when the King demanded entrance at one of his Forts, Dover chron. Dunst. wherein they had placed a governor, he was kept out. At Sea the Barons of the Cinque-ports seized the King's ships, took great Prizes, but they that sat at the Stern upon Land shared in those Prizes as the fame than went. By this time the King began to rouse himself, and finding nothing now left him, but a good Cause and the hearts of his wiser subjects, yet by that and these, and the assistance of his Brother Richard, King of the Romans, in a short space he had raised a considerable Army. (A King can never be so down, but he will rise again) with these he Marched (and like a snowball increased by motion) plundering the Rebels lands as he went to Northampton, which was fortified against him by some of the chiefest of the Rebels; yet by a furious assault he soon gained it. Thence continuing his march into Sussex, near jews, he received a Message from the Earl, the tenor whereof was, That as for his Majesty they intended no harm against him, but only desired that he would remove his evil counsellors that did advise his Majesty against them, against the honour of the King, and welfare of the kingdom. The King in his Answer charges them with Rebellion and disloyalty, and commands them to lay down their arms, and to return to their obedience, that they might be received to mercy: but the Earl rejecting the offer ( * Camden's Observation in the case of Robert Earl of Essex. when Subjects have once broken their fealty and trust to their sovereign they never dare trust their sovereign again) resolves to give the King battle. Near jews both Armies meet: One wing of the Earls Army was made up of London troops, which the Prince being then general of the King's horse, observing, and remembering, (not without indignation) the abuse offered by the Londoners to the Queen his Mother, he claps spurs to his horse, and all his Cavalry after him, Equites, haec haec seditionum scelerumque omnium capita sunt, nunc, nunc fortiter adjicite tela. crying, [hear, here, (my brave Cavaliers) are the main contrivers of all Rebellions and mischief; Now, now, if ever charge home,] and so fell on with that fury, that they presently fly: the Prince in an eager and hot pursuit does great execution upon them for four miles. But this prosperous beginning of the fight on the King's side was the utter overthrow of the King's forces: for when the Earl perceived that the Prince (a young fiery spirit) with all the King's horse was gone so far in pursuit of the Londoners, he fell violently on the King's foot & soon routed them; took the King (his horse being slain under him) prisoner. The Prince at length retreating, (when he saw all lost) surrendered himself. There were taken in this fight (besides those royal prisoners, the King, the Prince, the King's brother, and his eldest son) above twenty Noblemen that were for the King; and slain about * Southwel. 3400. The Earl having thus gotten a complete victory, forth with endeavours to seize all the Militia, Rishang. and power of the kingdom, for which end he carries the King about with him to countenance his actions; but the rest of the royal prisoners he disposes in several garrisons. And now the Earl believes all his own, and the people dream of nothing but Peace, but alas the war was not begun till now: For when the torn remainder of the loyal army that escaped at jews, now keeping garrison in Bristol, and other noble spirits saw how insolently the Earl dealt with his and their sovereign, in barring him of his liberty, &c. They soon raised a considerable power under the command of Roger Mortimer Earl of March: unto whom many flocked out of Shropshire, Cheshire Herefordshire, and Worcester, that were well affected to the King. Moreover the Queen (who was a French woman) got over beyond Sea, to try her friends for their assistance to restore her husband to his former liberty and authority, Quod ad laudem & magnificentiam Aelionorae Anglorum Reginae libet intexere (saith one of that age) quod Domino suo, & Edvardo filio tam strenuè & tam viriliter tanquam virago potentissima succurrendis fortiter insudaverit. But before these Forces were well united, the Rebels Forces were as well divided: for debate arising, (as is usual in all confederations, where all parties must be pleased, or else the knot will dissolve) between his Excellency the Earl of Leicester and the Earl of Gloucester, because his Excellency, minding his own private, more than the public good of his fellow Rebels (without any respect had to his adjutants) engrosses all to himself, disposes of the royal prisoners at his own pleasure, seized on the revenues of the Crown, and composition of delinquents for his own use, (whereas they had privately agreed before, Ea omnia aequâ sorte inter eos dividenda fore) In brief, he shared all places of power and profit between himself, his sons and his allies. Whereat Gloucester, (as good a man as he) stomached and fell off with his followers to the Prince, who by this time (disponente Domino clavigero carcerum, every thing working for the King) had made his escape out of prison at Hereford: (for being allowed by his keepers to air himself sometimes on horse back in the town Meadow, after he had tired two or three, at length he mounts a special flight Nag, and putting spurs Custodibus valedixit) and came safe to Wigmore Castle, where the Lord Mortimer lay with his Forces raised for the King, so Marched on with a great power, taking in (as they went) some strong garrisons of the Rebels, plundered their houses, drove their cattle, &c. Here the war grew hot, each side fortifying towns, plundering and driving all round about to store the garrisons: men's houses (which were wont to be their own Castles) were now made Castles, but the owners were least masters; all left to the mercy of the rude soldier, the poor countreymans' dwelling house, pillaged everywhere and searched, * Rishanger usque ad lectorum stramentum, to the very bedstraw: nor only men's houses, but even God's houses, the very Churches were not free from the profane hands of plunderers; the highways lay unoccupied, no passing from Town to Town without danger of robbing. When the Prince, the Earl of Gloucester, the Earl of March, with the relics of the royal Army were united and well ordered, they resolved to give his Excellency (the Earl of Leicester) battle: At Evesham in Worcestershire, by a speedy and unexpected march they came upon him. The Earl seeing himself engaged to fight, gave order that his own coat-armour should be put upon the King, who was then a prisoner in the Army, and that the King for the safety of his person forsooth) should be placed in the front of the battle, that so if the battle went against him, the King might be aimed at as general, and his Excellency thereby make his escape. But the King at the first Charge called out to the loyal Army, that he was their King, and so was preserved; yet not without the loss of some of his own, (being wounded by a javelin) as well as his subject's blood: the battle was very violent, and went sore against the Rebels; at length the Earl himself (the head of this Rebellion) was cut off; at the instant of whose death there happened such extraordinary lightning, and thick darkness, that it struck a general horror and amazement into the hearts of the Rebels, as if the King of Kings would now at last visibly revenge the King's quarrel, or as if they had seen God's immediate hand against them, as once against Corah, and the 250 Assembly men, Num. 16. v. 35. for the like rebellious practices. In this signal battle were slain (besides the Earl and his son) sixteen Lords and Knights, and about ten thousand more of the rebel's part. The Earls corpse was strangely (though not undeservedly) handled by the people, who were so enraged against him, the chief actor and author of their so much mischief and misery, that (in despite of him) they lopped off his head, hands, feet, and privy members, and sent them (in scorn) for tokens to several places; his body was buried in Evesham Church. Notwithstanding this, there were many ignorant people (who had been by specious pretences abused, and seduced to that side) that were of opinion for a long time after, that he died a Martyr, because it was in defence of their holy (as they thought, but indeed impious) Covenant & Oath. Two of the Earls sons were at the same fight taken prisons: not long after they made an escape out of Prison, but could not escape God's vengeance on Rebels; for in France, In miseriis dies suos finiverunt. The Countess being banished, died a nun in France. All the Earls Honours and Possessions were conferred upon Edmond Earl of Lancaster, the Kings second son. And thus ended this great fiery Meter in a stench. Thus fell our English Catiline (as M. Cambden styles him) a man in show fair and honest, but indeed, Vir pravo ingenio, & profundâ perfidiâ: of a perverse disposition and treacherous beyond any man's suspicion; after his sovereign had heaped upon him many high favours, as the earldom of Leicester, and that high and honourable office of Lord high Steward, and (to endear him the more had given him his own Sister in marriage: in token of thankfulness, he doth his utmost endeavour to diminish the Kings known authority, to subject him to the wills of his Subjects, to pull down monarchical government, and set up a factious Oligarchy, and all under that fair common pretence of restoring Religion to its purity, and the People to their liberty. The K. thus happily, preserved & almost miraculously (all things considered) set at liberty; about a Month after calls a Parliament at Winchester, (no more at London, until it was more loyal and less tumultuous) where by a full Convention it was enacted, Fabian. That all Statutes and Ordinances made by the former Parliament (called the wood or mad Parliament) should be repealed, and all writings and bonds then sealed by the King for observing the same, should be canceled and made void· That the City of London, Rishanger. ob suam Rebellionem, for this her Rebellion should be deprived of all her ancient privileges and Liberties, and the Ringleaders of them, juxta voluntatem ipsius Regis plecti, to suffer such punishment as his majesty was pleased to inflict: Et ditiores Civitatis in carcerem truderentur (saith Matth. Westm.) Pro eo quod Simoni, in Regis contemptum, & etiam damnum Regni, fortiter adhaeserint: that the wealthier Citizens should be cast in Prison, because they had in contempt of his majesty, and great damage and mischief of the realm assisted the Earl. Furthermore it was there enacted that all such as had favoured the Rebels (were they now in Prison, or at large) should forfeit all their estates. Afterward the King Marched with a great power to Windesore, resolving (as the fame than went) to destroy the whole City of London: many of the rabble and wild Commonars (saith Fabian) were as resolved to defend the City against him: but the wiser sort thought better to become humble Petitioners for their pardon of what was past, then to incense his majesty any farther; and to that end drew up an humble Petition, and presented it to the King: but their late rebellious carriage had so far provoked his majesty's patience, that he would not so much as admit of their Petition, or harken to any that endeavoured to mediate for them. Hereupon they were advised to draw up an instrument or writing, whereby they should yield themselves wholly, both bodies and goods to the King's mercy, which was done accordingly, and sealed with the common Seal of the City. His Majesty upon earnest suit unto him, accepted hereof, giving present express command, that all the chains and Posts, which they had placed at every street and lanes end, should be forthwith carried to the Tower, and that the Mayor and forty of the chief Citizens should repair unto him the next day, and confirm their said writing: this was done, and they all came accordingly; but (contrary to their expectation, though not deserts) were all delivered into the custody of the Constable of Windesore Castle, and shut up there in a large Tower, where they had small cheer, and worse lodging. The next day toward night, all (but five whereof the Mayor was one) had their enlargement. Those five their bodies and goods, were as a boon bestowed on the Prince, the rest were commanded to attend at Windesore for a long time after. Sixty or seventy wealthy Citizens with all their Land, Goods, and Chattels, did the King dipose to his household servant. For the Government of this unruly City, the King appointed one O●hon a foreigner, or stranger, first Constable of the Tower, and then Custos, or Warden of the City, to pull down their haughty spirits, and that his Peace for the future might be surely kept, he required the best men's sons in the City for Hostages, these he clapped up in the Tower, and caused them to be there kept at the cost and charges of their Parents. Daily suit was made unto his Majesty for his Pardon and Favour, but in vain: then they petition the King to know his gracious pleasure, what Fine he would demand of the whole City, for their offences against him. The King at length signified unto them that the sum of fifty thousand Marks should be their Fine. Whereto the Londoners return this humble answer. They had been of late by this unhappy War, so exceeding impoverished, that a sum so great, (as it was in those times) could not possibly be raised amongst them; wherefore they humbly beseeched his Princely compassion might be so far extended towards them, as to require and accept according to their abilities. At length, after much suit and submission, and a Fine of twenty thousand Marks, the King received them to mercy, and sent them under his great Seal a general Pardon (those only excepted, whose Estates were already bestowed) granting and allowing, that their former Charter & ancient privileges should be restored unto them, notwithstanding all the transgressions (they are the words of the Pardon) and Trespasses done to us, to our Queen, to our noble brother Richard King of Almain, and the Prince our first begotten son. And here was the first pacification betwixt the King and the Londoners, for whom we say thus much, That their foul Rebellion against their sovereign, was not more detestable, than their humble submission to their sovereign was commendable. And therefore in the Ordinance, called Dictum de Kenelworth, made for the settling of the kingdom, we find them (notwithstanding, all their disloyalty) commended, as shall be seen in the ensuing Story. After the proud stomach of this City was brought down, and all tumultuous spirits quelled, the King calls his Parliament (in festo sancti Edvardi Regis) to Westminster, wherein those that aided and assisted the Earl, were all (excepting the Londoners) attainted, and that all their Lands and Goods were forfeited. But this sentence (though it was less than they deserved) yet was more than they would endure, and therefore the fire (that was not yet quenched, but smothered) breaks forth again. Some fly into the Isle of Ely, and fortify that. Some into the Isle of Axholm in Lincolnshire. Another party possess themselves of Killingworth Castle. Another under the command of the Lord Ferrer in the Northern parts. And amongst others, one Adam Gurdon lived as an Outlaw in Hampshire ( a Rishanger tum rarus aut nullus locus in Anglia fuit tutus, eò quod terra erat vespilionibus plena. Now scarce any place in England free from plunderers. To reduce these to obedience, the King undertakes Killingworth Castle. The Prince was sent against Adam Gurdon, Lord Edmond, the Prince's brother, against those in Axholm; and Lord Henry King of Almain's son, against the Lord b This Lord Henry, the King's Nephew was a valiant soldier, and having found out the L Ferrer at Chesterfield, gave him battle, and overthrew him, and because he had been pardoned once before it was decreed that he should be degraded, and deprived of the earldom for ever, & fined fifty thousand pounds. Ferrer. To the rebels in Killingworth Castle the King sent first a gracious Message, willing them to desist, and to return to their obedience. But they contrary to all Law of Arms, contrary to natural civility, cut off the messenger's hand, and sent him back with an uncivil answer. Then the King Marched to Killingworth, and sat down before it upon Midsummer Eve. During the siege (which lasted six months) Clerus & populus convocantur, & duodecim eliguntur de potentioribus Procerum, & prudentioribus Praelatorum, quibus datur potestas ordinandi super Statutum exhaeredatorum, &c. The clergy and Laity are assembled, and out of the chiefest of the Peerage, and wisest of the Prelates were chosen twelve, to whom power was given to pronounce sentence against the Rebels, and to settle the Peace of the kingdom; they, first taking an Oath, de utilibus ordinandis, to decree nothing but what should be for the good of the common weal. Then the people take a solemn oath, Quod dictum ipsorum inviolabiliter observarent; that they would stand to their Decree, which to this day by our Lawyers is called, Dictum de Kenelworth; a severe; yet a good and wholesome course (without effusion of blood) to punish Rebellious Subjects. The Decree was as followeth, Dictum de Kenelworth In nomine sanctae & individuae Trinitatis, Amen. Ad honorem & gloriam Omnipotentis Dei Patris, & filii, Spiritus sancti, &c. Et ad honorem & bonum prosperum & pacificum statum Christianissimi I rincipis Domini Henrici Regis Angliae illustris. & totius Angliae Ecclesiae, Nos Wilielmus, &c. In English thus. In the name of the holy and individual Trinity Amen. For the honour and glory of Almighty God, 〈…〉 tho● pounds. the Father, Son, and holy Ghost, &c. And for the honour, prosperity, and peace of the most Christian Prince our sovereign Lord Henry, the most Renowned King of England, and of the whole Church of England, We William Exon, William Bath and Wells, Henry Worcester and T. S. David's, Bishops. Gilbert de Clare Earl of Gloucester, Humphrey Earl of Hereford, Philip Basset, John Bailof, Robert Wallop, Alan de la Souch, Roger de Somerie, and Warren de Basinghorn, providing for the welfare of the Land, etc, have thought fit to order as followeth. 1. That the rebels be not wholly deprived of their estates, but shall have liberty to redeem their lands by Fines in manner following. 1. That those that were in the fight at Chester-field against our sovereign Lord the King. Item. All those that by force of arms impiously kept Northampton against the King. Item, Those that gave the King battle at jews. Item, Those that were taken prisoners at Kenelworth. Item, Those that came to pillage Winchester, or were elsewhere against the King, whom the King hath not pardoned. Item, Those that gave the King battle at Evesham. Item, All those that freely and voluntarily and without any compulsion, have contributed to the War against the K. or Prince Item, The Officers and servants of the Earl of Leicester, that pillaged their neighbours, or were the cause of any murders, firings, or other enormities, that all these be fined five years' Revenues of all their Estates respectively: and that if they pay down their Fines presently, they may enjoy their Lands presently: but if the land must be sold for the payment of the Fine, he, on whom the King bestowed it, shall have the refusal, if he will give as much as any other. And if the original owner will pay down the whole Fine, he shall have the whole Land; and likewise if he will pay the moiety, or third part, he shall have the moiety or thirds of the Land. And if at the end and term appointed, the owner doth not pay for the other moiety, it shall be clearly theirs on whom the King was pleased to bestow it. And as soon as any one hath paid down his whole Fine, such shall have liberty to let, or set, or sell his land within the prefixed time. Those that have Woods and would willingly make sale of them for the payment of their Fines; He, on whom the King bestowed, and the original owner shall have each one his bailiff to see it sold: and those two bailiffs shall (as fast as the money is made) pay it to whom the Fine was given by our sovereign Lord the King: this payment must be made within three years at the farthest. All Officers and Reformades that were known to be common plunderers, and made it their business to plunder, if such have no lands, but only goods; they shall be fined one moiety of all their goods, and shall find sufficient sureties, that they shall keep the peace of our sovereign Lord the King, for the time to come. They that have nothing shall be sworn upon the holy Gospel, and find sufficient sureties, that they will keep the King's peace for the time forward, and shall make such satisfaction, and do such penance, as the holy Church shall censure, excepting only banished persons, who are wholly left to the will and pleasure of the King. 2. Moreover, as for Wards or young heirs, (that were in actual Rebellion against the King during their minority) their Guardians shall pay their Fines, and the said Wards (when they come to age) shall pay back the same to their Guardians within two or three years, so that the Guardians shall have the Wardship and their marriages (without disparagement) even till they be come to full age, and all Wards shall pay their Fines after the same manner as those of full age. Only the Kings own Wards shall be in the hands of those, to whom the King shall give them until they come to years, and then they shall pay down their Fines according to the same manner as those of full years; Provided always that there be no waste made by the Guardians upon their estates; If there be, than the Guardians to be punished according to Law. 3. If any that were for the King before and since the battle at jews, be now fined for not assisting the Prince (when he was raising arms to rescue his Father,) we leave him to the King to be censured or pardoned, as he shall think fit. 4. That there be no sale or waste made of any Woods by those on whom they were bestowed, unless the Fine be not paid within the time limited. Only it is allowed that they cut so much as is necessary to keep the houses in reparations; and if they shall exceed this allowance, to be severely punished. 5. If any be thought to be dangerous persons, and that they are like to move sedition, and to revive the Wars; let the King secure their persons as he shall think fit, either by sending them into foreign parts for a time, or what other way shall be thought expedient; provided always, that if they be thereby hindered from paying their Fines, they shall not forfeit their estates. 6. That if any will not submit to this Ordinance, he be left to be censured at the King-Bench-Bar, before the Feast of St. Hillary next coming. All those that live in foreign parts shall find sureties (according to the laws and customs of those States) to live peaceably, otherwise that they shall not be received in a peaceable manner. 7. Whereas the King's Majesty is engaged to many that served him in his wars, and faithfully stuck to him, whom he hath not yet sufficiently rewarded, and some have been rewarded above their deserts, we desire that the King take special care, that out of Delinquents estates they may be all rewarded to the full, lest otherwise a new war should be occasioned. 8. That the King's Majesty be graciously pleased to make choice of twelve able men that may be authorised to see all this punctually and faithfully performed, and that the King's Majesty, his Heirs, or Successors take care that it be all firmly observed and maintained, and to inquire into, and regulate, and see duly executed, what shall be by the said twelve men ordered according to reason and equity. 9 That all farmers and renters of lands that were against the King shall lose their farms for all the term or time of their leases, that are to come, provided that the landlords be no ways endamaged) and when the term of their leases are out, then to return to the landlords again. 10. As for Castles and Forts built by the Kings grant and allowance upon any delinquents ground, contrary to the will of the said delinquent; We decree that (after the owner of that land hath paid his Fine, which must be within three years) for six years more the owner of that land shall pay such custom as was imposed by the King, or else accept of a reasonable exchange for the land. 11. All laymen who notoriously advanced the Earls designs, and assisted him, or his adherents, Attrahendo homines per mendacia & falsitates parti Comitis & suorum, & detrahendo parti Regis & filii sui, by drawing people through lies and falsities, either to the Earl and his party, or from the King and his party; it is ordained that they be fined as much as two years' revenues of all their estates. 12. That all such as were pressed; or out of fear went to the wars, but never fought against the King, or did any mischief; also those that being not able to go themselves, yet by force and fear were compelled to contribute towards the Army against the K. or Prince or did any mischief also those that were informed to be plunderers, or to aid and assist any plunder-masters, and yet did return to their habitation as soon as conveniently they could, be all left In misericordia Domini Regis. 13. That all those that wittingly bought any plundered goods, restore the value of the goods, and be in misericordia Domini Regis; because they thereby have offended against the Law, and done contrary to the King's express command, set for half a year before. 14. That all those that at the Earls command went into Northampton, yet never gave the Rebels their assistance, or made any resistance, but as soon as they perceived the King coming took Sanctuary (provided that this be attested by the oaths of good and lawful men) likewise those that owed no suit or service to the Earl, and yet came upon his command, be all fined half a years revenue of every one respectively; but those that held of the Earl in Fee, let them be only in Misericordia Domini Regis. 15. That impotent silly people, and all such as did no mischief, may enjoy their estates as formerly, and recover damages at the King's Bench, against those that shall wrong them. 16. Those that accuse any of their fellow subjects out of malice, be punished at the King's pleasure, and that his Majesty thence forward, do not easily give credit unto them. And we judge that they deserve the same punishment as the accused, if the accusation were true, provided that they lose not life, limb, or estate. 17. That all such as are accused upon mere malice, may still enjoy their estates, and recover damage against their accusers in the King's Bench, as abovesaid. 18. That all women enjoy their own inheritances and dowries. but those lands that came by their husbands, who have been against the King, shall be redeemed by a fine; according as his Majesty shall impose upon them, &c. 19 That all such as are acquitted (so it be by those that have authority to acquit them) remain and stand in such a condition as they are put into; and that all that have paid their Fines, shall not be responsible for damages and trespasses committed by them upon those, against whom they fought in the time of the late troubles, but that all damages and trespasses be forgiven on both sides, provided that the Church may have her dues. 20. That because it may be of dangerous consequence, that any Castles should remain in the power of those, who were in actual Rebellion against the King; We therefore decree and ordain, that for the Castles of Hardley, Bytham, and Chertley, there be given a reasonable exchange. 21. As for the Earl Simon Monfort his Countess, and his sons, we decree nothing, because our sovereign Lord the King hath referred them, and their offences to the King of France. 22. As for the City of London (taking notice, it seems of their humble Submission) we commend it, and do make this motion to our sovereign Lord the King, that by the advice of his Privy council, he take order for reforming the state of the City, and settle their Lands, Revenues, Buildings, and Liberties, and that this Order be presently debated. 23. For the L Ferrer we decree, that he be fined seven years' revenues of all his estate. 24. That all that now keep Killingworth Castle be pardoned, except Henry Hastings, and those that had any hand in cutting off the King's Messengers hand, all which shall be Fined seven years' revenues, of all their estates, or else submit themselves to the King's mercy. 25. That all men whatsoever endeavour to keep the peace of the kingdom, that none presume to commit any outrages, firings, murders, robberies, or by any other means break the Peace. Which if any shall be so hardy, as not to observe, and be thereof lawfully convicted, let him have sentence according to the Laws of the Land. 26. Item. That all whom it may concern, take their oaths upon the holy Gospel of God, that they will never take any revenge, be accessary, or consenting to take any revenge, nor will suffer (as much as in them lies) that any revenge should be taken against any one for any injury suffered in the late times of trouble, and if any one shall presume to revenge himself, We decree that punishment be inflicted upon him in the King's Bench Court. 27. That the Holy Church receive full satisfaction from those that have injured her. 28. But if there be any that will not submit to this Ordinance, or refuse to be tried by their Peers before our sovereign Lord the King, let them forfeit their estates for ever. And if there be any that have gotten possession of the Rebels Lands, and were himself a Rebel, he is thereby uncapable of challenging any right to the Land, or to have any title to the fine by the King's majesty's gift. 29. Whosoever will not submit to this Ordinance, let him be accounted a professed enemy to our sovereign Lord the King, and to his sons, and to the whole Realm, and let all the Laity and clergy (as far as the Canon Laws and Common Laws will reach) prosecute such an one as an enemy to the Peace of Church and State. 30. Lastly, that all those that are imprisoned or any way debarred of their liberty, upon reasonable and competent security, shall have their enlargement, by putting in Sureties, or such other way as the King hath allowed. Dated and set forth from the Camp before Kenelworth the last day of September, * About the end of October the King assembled all the Lords spiritual and temporal, & Knight of Shires, to Northampton where this Decree was confirmed by Act of Parliament. in the year of our Lord God 1266. and of the Reign of the most renowned King Henry the third, 51. Thus endeth that famous Ordinance called to this day, Dictum de Kenelworth; wherein are comprised the wisest rules that the wisest men of those times could possibly devise, to uphold, compose and recover a tottering distracted, dying kingdom. About two months after the publication of this Ordinance, viz. upon Saint Thomas Eve, the Castle was delivered up, upon conditions (too good for those that had so barbarously used the King's Messenger, The Barons of Cinque Ports seeing the King prosper, made their peace with the King. contemned the King, and impoverished the country) to march away with their goods, & to undergo no Fine for taking up arms. This Castle had the K. bestowed upon the Earl of Leicester in frank marriage with his sister Aelionor; but when the Earl by his Rebellion had forfeited, and the King had now won it, he gave it to his own son Edmund Earl of Lancaster, who by this time had reduced the Isle of Axholm, and all those rude ignorant people, that flocked thither, pillaging and plundering the King's friends round about. The Prince also met with Adam Gurdon, a famous sturdy rebel that lay lurking in Aulton Wood in Hamshire, Rishanger. robbing and spoiling the adjacent parts, praeoipuè terras eorum qui parti Regiae adhaerebant; the Prince upon his approach, hearing of his valour, sent him a challenge for a single combat. Gurdon accepts it, and performed it so Gallantly, that the Prince assured him of his life and estate, if he would submit: which he did, and was received into great favour with the Prince; but divers of his men were there executed. But now the Isle of Ely was strongly fortified by a great multitude got together, that refused to submit to the Ordinance of Kenelworth. Upon the natural strength of this Isle, and the plenty of all provision therein, seditious Rebels have often presumed, and from hence have molested more Kings than one, as they did now the neighbouring Counties, robbing and pillaging Norfolk, Suffolk and Cambridgeshire, plundering the City of Norwich, and carrying away the richest Citizens, made them redeem themselves: at length a Message was sent unto them requiring them to submit to the Ordinance of Killingworth, to leave off robbing their fellow Subjects, and to return to their allegiance: Hereto they return this insolent answer, that they had taken up arms to defend the good of Church and State, and therefore ought to be restored to their lands without paying any Fine. In brief they require Hostages into the Island, and that they might hold it five years peaceably, till they saw how the King would perform his promises, (perfidious Subjects ever suspect their Prince's fidelity) which high insolency of theirs (unheard of till our times) so exasperates the King, that he resolves to try the utmost, to reduce them to their obedience; for that purpose marches with a mighty army against them, the Prince also joins with a considerable power; after many assaults, at length (after they had held it above two years) by the help of new made bridges and boats, they stormed it on every side, that they were forced to yield. And now men thought that the fire was quite out. But there were yet some live embers (which the Earl of Gloucester upon some distaste blowing) suddenly flamed out again in London, where the Commons of the City forgetting their late punishment, and as men (saith mine author) without dread of God or the King, Fabian drew up in arms again, flock to the Earl of Gloucester, plundered the well affected to the King, sequestered their estates, broke the prisons, chose a new Mayor and sheriffs, made Bulwarks and Barbicans, and fortified the City wondrously, and were so confident of their strength and cause, that they durst bid the King battle, appointing Hounsloe-heath for the field. The King by a speedy march came to the place at the time appointed; but they instead of meeting his Majesty, ran about the city in a tumultuous manner. Some to Westminster, and there plundered the King's Palace, fenestras & ostia fregerunt, (saith M. Weston) vix manus à combustione totius Palatii cohibentes; broke the doors and windows, hardly forbearing to set it all on fire. Then the King removed his Camp to the other side of the City, and had his headquarters at Strafford, three miles off the City, the rest of the Army lay at Ham, a village hard by. The wiser Citizens foreseeing the danger that hung over them, desired a Treaty with the King, whereunto, (though they were unworthy of so much clemency) His Majesty was graciously pleased to condescend, and upon these easy terms, they were again received to mercy. Imprimis, Salvo in omnibus dicto Killingworthi, That the Ordinance of Killingworth, should be razed, and the Trenches filled up; lastly, that one thousand marks damages should be paid down to the King's brother, for his manor of Isleworth, fired by them long before. Also his Majesty for some years following chose the Mayor and sheriffs himself: but toward the latter end of his Reign being fully reconciled, he restored them their (often forfeited) * Then did the King command, that peace should be proclaimed all the kingdom over, which was received with joyful acclamations. privileges. Thus after the Almighty (whose judgements are unsearchable) had suffered crafty seditious spirits, to seduce a whole Nation, to trample upon his Anointed, and to tread his Honour in the very dust for a time, yet at length all his enemies are clothed with shame, and upon himself his Crown flourisheth again. And now after this furious dreadful Tempest, after so many storms and showers of blood, began a joyful long-expected Calm, which that they might enjoy without any intervening of more storms, and for the better settling and quieting the kingdom, the King gives express command for the razing of divers inland Castles; as Farnham, &c. That so if another Rebellion should be begotten, it might nowhere find a nurse, and then it could not be long lived. Also for the more quiet and secure travelling of his Subjects, he appoints a Captain in every County, who with a Troop of Horse should always assist the sheriff, for the taking and punishing all straggling relics of the late Armies, and highway robbers, wherewith the Kingdom did abound at that time, no place free from them. In some places also, Ruricolae (saith Rishanger, the country people would generally rise against them (as against Wolves or Bears;) and at one time, they took and killed fifty of them, that were got together near St. Albans in Hartfordshire. Besides the King Proclamari fecit contra pacem Regni disturbantes set forth a Proclamation against all such as should any way disturb the quiet of the Realm, by plundering or stealing, &c. And that if any man should presume to steal but a Cow or a Sheep, vel aliquid aliud (saith mine author) he should be surely put to death. These were the petty devices of that age, to pump and drain the huge sink of the kingdom: but the Staple policy was, by a foreign expedition (like a wide sluice) to let out all the filth at once: for which purpose therefore (among others) it was resolved upon, that a great Army should be raised under the command of the Prince, for a voyage to Palestine. And by this course especially did his Majesty soon spend the insolences of his own, So at a late diet or Parliament in Germany (after they had undutifully strived with the Emperor; and wasted the Empire) it was concluded that all should be reduced to the same state as it was in the year 1618. and the Rebels soldiers, made lawless by the late unavoidable Liberty of civil Arms. And here was an end of this wasting, groundless, unnatural war wherein the subject having struggled and wrestled with sovereignty, till they had wasted the kingdom and wearied themselves, at last are content to sit down by the loss, to let the King have his own Rights again, and some of theirs according to the usual event and issue of such embroilments. FINIS