him, was to Whitechurch, (in what countie I do not remember.) There
a great number of the countrey traind bands appeard against us, bot
were quicklie put to flight by Middleton, without bloodshed. That day
we marchd many miles, and at night most of all the horse lodgd in the
field, where their horses fed well. Some officers went to houses;
bot I lodgd at a hedge, and sleepd there so sound, that at break of
day the trumpets could not waken me; that being the fourth night in
which I had sleepd none, except on horsebacke. Nixt day we made a long
halt at a countrey toune, I thinke in Staffordshire, called Stone.
Heere, because we had not enemies enough to take our lives, a trooper
killd his oune Ritmaster, one Patrick Grey, who had beene a captaine
under me in my Lord Sinclar’s regiment. The trooper was in the place
shot dead, by my Lord Dukes command; who, to speake truelie, was too
spareing in taking lives, his clemencie occasioning the keeping very
bad discipline the whole time of our march in England. A litle after we
had removd from that place, Leutenant General Middletone making good
the reare against some of the countrey militia troopes, was taken;
his horse having fallen under him. He was carried to Stafford; and
indeed after that, we might trulie have said, we were all prisoners;
for I am sure enough, if he, or rather we, had escapd that misfortune,
such unhappie accidents had beene prevented by him, which shortlie
ruind us. And I know not bot he keeping us united, might not at a
long runne have brought himselfe and most of us to Scotland. We came
at night to Uxeter, in most tempestuous, windie, and rainie weather.
Nixt morning, when we were on our march, a great unwillingness in the
horsemen, and some of their officers to march further; the wearines of
both man and horse, ane irresolution whether to goe, and most of all,
a fatalitie which pursud us, made the Duke turne backe and take up
his quarters in the same toune. Neither that day nor nixt night was
any thing resolvd on, bot to rest and refresh man and horse, and then
either treate with these forces that had surrounded us, or fight them
and march away. Sir Marmaduk Langdale, and these few English who were
with him, had left us at Uxeter. He was taken afterward, bot savd his
life by escapeing out of prison. The Duke and Calander fell out, and
were at very hie words at supper, where I was; each blameing the other
for the misfortune and miscarriage of our affaires; in which contest
I thought the Duke had the better of it. And heere, indeed, I will
say, that my Lord Dukes great fault was in giveing E. Callander too
much of his pouer all along; for I have often heard him bid him doe
what he pleased, promiseing to be therwith well contented. And therfor
Calander was doublie to be blamd, first for his bad conduct, (for that
was inexcusable,) and nixt for reproaching the Duke with that whereof
himselfe was guiltie. To fill up the measure of our misfortunes, our
troopers mutine against the Duke, Calander, and all their officers.
Whether this proceeded of their oune wickednes, or by the instigation
of some of their oune commanders, which I then shrewdlie suspected,)
is uncertaine. The Duke and Calander are keepd prisoners, with strong
guards of the mutineers, all nixt night in the Dukes lodgeing, with
many other officers, and among others myselfe. Nixt morning, so soone
as I could see, I cald over the window of the Dukes bedchamber to them,
and askd them, if they were not yet ashamd of the base usage they
had given their Generall, and of that contempt they had shown of all
discipline, and of the ignominie of this action; and requird them, if
for no other reason, yet for their oune safetie from the common enemie,
to returne to their duetie, and goe home to their lodgings. Immediatlie
they removd their guards, and went to their severall quarters, cursing
in generall words these who had prompted them to the mutinie; which
augmented my former suspition, but it was no time to make a strict
inquirie in the busieness. Shortlie after, Calander went away, with
as many as would follow him; which indeed were more than the halfe
of these were in toune. No intreatie of the Duke or mediation of the
officers could prevaile with him. I dealt particularlie with him, bot
in vaine. He usd many arguments to move me to goe along with him, bot I
told him, if I keepd my life, I wold be one of the last men sould stay
with the Generall. I heard that not long after he was deserted by all
that went with him, as he had deserted my Lord Duke. Yet he had the
good fortune (which I believe no other officer of our armie had,) to
get safe to London in disguise, and from thence to Holland.
* * * * *
Calander being gone, there was an absolute necessitie imposed on the
Duke to capitulate with the Governor of Stafford, who had about 3000
of the countrey militia with him, with which we were surrounded. Sir
James Foullis of Colinton, Colonell Lockheart and myselfe are namd and
commissionated by my Lord Duke to treate. We met with the governour
and some of the principall gentlemen, three miles from Uxeter, at a
very pleasant house in Staffordshire, where, as they had told us, Mary
Queene of Scots had been long keepd prisoner. This with superstitious
people wold have lookd ominous for us, who were of that nation. In our
treatie, we found them very civill and rationall, and so much friends
to Monarchie, that we had reason to expect no bad conditions from
them. Bot Fortune had not yet made peace with us. We are interrupted
by a messenger sent by Lambert, to acquaint both them and us that he
was comd within tuo miles of that place, and that, if we wold treate,
it must be with him. These were no good news, yet we presentlie horsd
and went to him. We found him very discreet, and his expressions civill
enough. He appointed three principall officers to treate with us,
wherof Lieutenant Generall Lilburn was one. After much discourse, they
offerd to us, if we wold redeliver Berwick and Carlile to the English
Parliament, we sould be permitted to goe; nay, we sould be convoyd
backe to Scotlande. We told them we had no pouer in our commission to
speake of these townes; and so other articles were agreed on by us,
bot not signd till I sould goe first to the Duke and show him, if he
wold surrender these tuo touns, he and all with him sould have their
libertie; if not, we were by the articles all prisoners. He absolutlie
refusd to ingadge for the deliverie of these places, as a thing he said
was not in his pouer; justlie suspecting the Deputie Governors of the
touns wold not obey his orders in the condition he was; and so with
many sorrowfull expressions dismissd me. Upon the way, as I returned,
I met Lambert, with some troops, who told me he was goeing to save my
Lord Duke from my Lord Grey of Groobie, who was marching towards Uxeter
on the other side of the toune, which I knew before I came from the
Duke to be true. He desird me, by all meanes to hast the signing of the
articles, which he promisd to ratifie. At my return I told my comerads
what reason we had to make haste; and haveing reported the Dukes answer
to the English officers, we all immediatlie signd the articles, which,
indeed, if they had been malitious, they might have wavd; for whill
we were about it, one Major Gib, ane officer of our oune, came very
unmannerlie into the roome, belching out his folly in these words:
“Gentlemen, what doe ye dooe? The Duke and all who are with him are
my Lord Greys prisoners.” Yet the commissioners signed for all that;
and indeed my Lord Duke was by that time prisoner, bot Lambert tooke
the protection of him; for our agreement was ratified by him, and by
the Duke too, for he was not to be esteemed a prisoner, because taken
in the time of a cessation and treatie, against custome of warre. Our
first article was for the Duke, that he sould onlie be a prisoner of
warre, nor sould his life ever be questiond or in danger. He sould keep
his George; sixe of his servants, such as he sould choose, sould be
permitted to attend him, and sixe of his best horses likewise; that in
his prison accesse of all persons to him sould be allowd:—conditions
good enough, but very ill keepd. The summe of the rest of the articles
was this: That all of us, both officers and sojors, sould be prisoners
of warre, bot civillie used, till we could procure our libertie by
exchange or ransome; that all of us sould keepe the cloths we had on
us, and all the gold and money we had about us, all other baggage,
armes, and horses, sould be bootie and prise to the victor. We three
who had capitulated, were orderd to be carried to Stafford, where
Middletone was. The Captain who conducted us thither got our horses and
armes. As we rode thorough Uxeter, we made a stand at the window of the
Dukes chamber; and he looking out, we tooke our eternall farewell of
him, with sad hearts parting from him we were never to see againe. He
spoke kindlie to us and so we left him to act the last and worst part
of his tragedie.
* * * * *
What was intended for the Kings reliefe and restoration posted him
to the grave. His sad imprisonment calld for assistance from all
his loyall subjects, which as a duetie the laws both of God and man
seamd to impose on them. Our hopes of success were great, grounded on
the equitie of our just undertakeing, the prevailing of the royall
partie in Ireland, the returne of most of the navie to their duetie
and obedience, under the then Prince of Wales, now King; the numerous
and loyall riseings of many shires in England and Wales, against that
usurped pouer which keepd his Majestie in restraint, and upon our oune
strength; for our armie was intended to have beene tuentie thousand
foot, and sixe thousand horse and dragoons. Bot we never amounted to
fourteene thousand in all. These were honnest and fair motives for that
loyall and well intended engadgment of ours; bot,
_Ludit in humanis divina potentia rebus._
[The foregoing narrative of the Duke of Hamilton’s luckless expedition
in furtherance of the engagement, is the best written account of it
that we have anywhere seen; and it bears internal evidence of fidelity.
It is copied from the only edition of it ever printed—viz. by the
Bannatyne Club in 1829.]
* * * * *
1649.—Friday, January 19.
_7. Trial of King Charles the First.[422]_
Commissioners present at Westminster-Hall, January 20, 1648-9.
John Bradshaw Serjeant at Law, Lord President; Oliver Cromwell, Henry
Ireton, Sir Hardress Waller, Valentine Walton, Thomas Harrison, Edward
Whaley, Thomas Pride, Isaac Ewer, Thomas Lord Grey of Groby, William
Lord Mounson, Sir John Danvers, Sir Thomas Maleverer Baronet, Sir John
Bourchier Knight, Isaac Penington Alderman of London, Henry Martin,
William Purefoy, John Barkstead, John Blackiston, Gilbert Millington,
Sir William Constable Baronet, Edmond Ludlow, John Hutchinson, Sir
Michael Livesey Baronet, Robert Tichburne, Owen Roe, Robert Lilburn,
Adrian Scroope, Thomas Horton, Thomas Hammond, John Lisle, Nicholas
Lore, Vincent Potter, Augustine Garland, Richard Deane, John Okey,
John Huson, William Goffe, Cornelius Holland, John Carew, John Jones,
Thomas Lyster, Peregrine Pelham, Francis Allen, Thomas Chaloner, John
More, William Say, John Alured, Francis Lassells, Henry Smith, James
Chaloner, Humphry Edwards, Gregory Clement, John Fry, Sir Gregory
Norton Baronet, Edmond Harvey, John Ven, Thomas Scot, William Cawley,
Anthony Stapeley, John Downs, John Dixwell, Simon Meyne, James Temple,
Peter Temple, Daniel Balgrave, John Browne.
This done, the Court commanded the Serjeant at Arms to send for the
Prisoner, and thereupon Col. Thomlinson, who had the Charge of the
Prisoner, within a quarter of an hours space brought him, attended by
Col. Hacker, and 32 Officers with Partizans, guarding him to the Court,
his own Servants immediatly attending him. Being thus brought up
in the Face of the Court, the Serjeant at Arms with his Mace receives
him, and conducts him straight to the Bar, having a Crimson Velvet
Chair set before him. After a stern looking upon the Court, and the
People in the Galleries on each side of him, he places himself in
the Chair, not at all moving his Hat, or otherwise shewing the least
respect to the Court; but presently riseth up again, and turns about,
looking downwards upon the Guards placed on the left side, and on the
multitude of Spectators on the right side of the said great Hall: the
Guard that attended him in the mean time dividing themselves on each
side the Court, and his own Servants following him to the Bar.
The Prisoner having again placed himself in his Chair with his Face
towards the Court; and Silence being again ordered and proclaimed,
the Lord President in the Name of the Court, addressed himself to the
Prisoner, acquainting him, That the Commons of England assembled in
Parliament, being deeply sensible of the Evils and Calamities that
had been brought upon this Nation, and of the innocent Blood that had
been spilt in it, which was fixed upon him as the principal Author of
it, had resolved to make Inquisition for this Blood; and according to
the Debt they did owe to God, to Justice, the Kingdom and themselves,
and according to that fundamental Power that rested, and Trust reposed
in them by the People, other means failing through his Default,
had resolved to bring him to Tryal and Judgment, and had therefore
constituted that Court of Justice before which he was then brought,
where he was to hear his Charge, upon which the Court would proceed
according to Justice.
Hereupon Mr Cook, Solicitor for the Commonwealth, standing within the
Bar, with the rest of the Counsel for the Commonwealth, on the right
Hand of the Prisoner, offered to speak; but the Prisoner having a Staff
in his Hand, held it up, and softly laid it upon the said Mr Cooks
Shoulder two or three times, bidding him hold. Nevertheless the Lord
President ordering him to go on, Mr Cook did, according to the Order of
the Court to him directed, in the Name and on the behalf of the People
of England, exhibit a Charge of High-Treason and other High Crimes, and
did therewith accuse the said Charles Stuart King of England; praying
in the Name and on the behalf aforesaid, that the Charge might be
accordingly received and read, and due Proceedings had thereupon; and
accordingly preferred a Charge in writing, which being received by the
Court, and delivered to the Clerk of the Court, the Lord President in
the name of the Court ordered it should be read.
But the King interrupting the reading of it, the Court notwithstanding
commanded the Clerk to read it, acquainting the Prisoner, that if he
had any thing to say after, the Court would hear him. Whereupon the
Clerk read the Charge, which is as followeth.
That the said Charles Stuart, being admitted King of England, and
therein trusted with a limited Power to govern by, and according to
the Laws of the Land, and not otherwise; and by his Trust, Oath and
Office, being obliged to use the Power committed to him for the Good
and Benefit of the People, and for the Preservation of their Rights and
Liberties: yet nevertheless out of a wicked Design to erect and uphold
in himself an unlimited and Tyrannical Power to rule according to his
Will, and to overthrow the Rights and Liberties of the People, yea to
take away and make void the Foundations thereof, and of all Redress
and Remedy of Mis-government, which by the Fundamental Constitutions
of this Kingdom were reserved on the Peoples behalf in the Right and
Power of frequent and successive Parliaments, or National Meetings
in Council; He the said Charles Stuart, for accomplishment of such
his Designs, and for the protecting of himself and his Adherents in
his and their wicked Practices, to the same Ends hath traitorously
and maliciously levyed War against the present Parliament, and the
People therein represented, particularly upon or about the thirtieth
day of June, in the year of our Lord 1642, at Berverly in the County
of York; and upon or about the 30th day of July in the year aforesaid
in the County of the City of York; and upon or about the 24th day of
August in the same year, at the County of the Town of Nottingham, where
and when he set up his Standard of War; and also on or about the 23d
day of October in the same year, at Edghil or Keynton-field in the
County of Warwick; and upon or about the 30th day of November in the
same year at Brentford in the County of Middlesex; and upon or about
the 30th day of August in the year of our Lord 1643, at Caversham
Bridg near Reading in the County of Berks; and upon or about the 30th
day of October in the year last mentioned, at or upon the City of
Glocester; and upon or about the 30th day of November in the year last
mentioned, at Newbury in the County of Berks; and upon or about the
31st day of July in the year of our Lord 1644, at Cropredy Bridg in
the County of Oxon; and upon or about the 30th day of September in the
last year mentioned, at Bodmyn and other places near adjacent, in the
County of Cornwal; and upon or about the 30th day of November in the
year last mentioned, at Newbury aforesaid; and upon or about the 8th
day of June in the year of our Lord 1645, at the Town of Leicester;
and also upon the 14th day of the same Month in the same year, at
Naseby-field in the County of Northampton. At which several times and
places, or most of them, and at many other places in this Land, at
several other times within the years aforementioned, and in the year
of our Lord 1646, he the said Charles Stuart hath caused and procured
many thousands of the free People of this Nation to be slain: and by
Divisions, Parties, and Insurrections within this Land, by Invasions
from foreign Parts, endeavoured and procured by him, and by many
other evil ways and means, he the said Charles Stuart hath not only
maintained and carried on the said War both by Land and Sea, during the
years before-mentioned; but also hath renewed, or caused to be renewed,
the said War against the Parliament and good People of this Nation in
this present year 1648, in the Counties of Kent, Essex, Surry, Sussex,
Middlesex, and many other Counties and places in England and Wales,
and also by Sea. And particularly He the said Charles Stuart hath
for that purpose given Commission to his Son the Prince, and others,
whereby, besides multitudes of other Persons, many such as were by the
Parliament intrusted and imployed for the safety of the Nation (being
by him or his Agents corrupted to the betraying of their Trust, and
revolting from the Parliament) have had Entertainment and Commission
for the continuing and renewing of War and Hostility against the said
Parliament and People as aforesaid. By which cruel and unnatural Wars,
by him the said Charles Stuart levyed, continued, and renewed as
aforesaid, much innocent Blood of the free People of this Nation hath
been spilt, many Families have been undone, the publick Treasure wasted
and exhausted, Trade obstructed and miserably decayed, vast Expence
and Damage to the Nation incurred, and many parts of this Land spoiled,
some of them even to desolation. And for further Prosecution of his
said evil Designs, He the said Charles Stuart doth still continue his
Commissions to the said Prince, and other Rebels and Revolters both
English and Foreigners, and to the Earl of Ormond, and to the Irish
Rebels and Revolters associated with him; from whom further Invasions
upon this Land are threatned, upon the procurement, and on the behalf
of the said Charles Stuart.
“All which wicked Designs, Wars, and evil Practices of him the said
Charles Stuart have been, and are carried on for the advancement
and upholding of a personal Interest of Will, Power, and pretended
Prerogative to himself and his Family, against the publick Interest,
Common Right, Liberty, Justice, and Peace of the People of this Nation,
by and from whom he was intrusted as aforesaid.
“By all which it appeareth that the said Charles Stuart hath been, and
is the Occasioner, Author, and Continuer of the said unnatural, cruel,
and bloody Wars; and therein guilty of all the Treasons, Murders,
Rapines, Burnings, Spoils, Desolations, Damages, and Mischiefs to this
Nation, acted and committed in the said Wars, or occasioned thereby.”
Saturday, January 20.
This day the High Court of Justice for trial of the King sat in the
Painted Chamber, and from thence adjourned about two in the afternoon
to the place built for that Court in Westminster-Hall. The President
had the Mace and Sword carried before him, and 20 Gentlemen attended as
his Guard with Partizans, commanded by Col. Fox.
After an _O Yes_ made, and silence commanded, the Act of the Commons
in Parliament for sitting of the said Court was read, and the Court
was called, there being above 60 Members of it present. Then the King
(who lay the night before in St. James’s, and was brought this day to
Whitehall, and thence by Water, guarded with Musqueteers, in boats
to Sir Robert Cotton’s House) was brought to the Bar. To which there
attended him Col. Hacker, with about 30 Officers and Gentlemen with
Halberts. At his coming to the foot of the Stairs, he was met with the
Mace of the Court, and conducted to a Chair within the Bar, where he
sat down in the face of the Court.
The Lord President in a short Speech acquainted the King with the cause
of his being brought thither; that it was in order to his Trial upon
a Charge against him by the Commons of England, which was then to be
read, and the King to give his answer thereunto.
His Majesty made an offer to speak something before reading of the
Charge, but upon some interruption was silent. And then his Charge
was read, by which he was charged, by the name of _Charles Stuart
King of England_, as guilty of all the Blood that hath been shed in
these Wars at Keynton, Brentford, Newbury, and such other places as he
was present at in Arms against the Parliament, and other particulars
very large. The King smiled at the reading of his Charge, and after
reading of it demanded of the Lord President, by what lawful Authority
he was brought thither? Being answered, _In the name of the COMMONS
of England_: He replied, he saw no Lords there, which should make a
Parliament, including the King; and urged, That the Kingdom of England
was hereditary and not successive; and that he should betray his Trust,
if he acknowledged or answer’d to them, for that he was not convinced
they were a lawful Authority. So that after he had been often commanded
to answer, and refused, he was remanded to Sir Robert Cotton’s House,
and afterwards removed back to St. James’s, where he lay this night;
and the Court adjourned till Monday 10 a Clock in the Forenoon, further
to consider of this business.
Monday, January 22.
The Court being sat, _O Yes_ made, and silence commanded, the King was
sent for; whereupon Mr Solicitor Cook moved the Court, That whereas
he had at the last Court, in the behalf of the Commons of England,
exhibited a Charge of High Treason, and other High Crimes, against
the Prisoner at the Bar, whereof he stands accused in the name of the
People of England, and the Charge was read, and his Answer required,
he was not then pleased to give answer, but instead of answering, did
there dispute the Authority of this High Court: His humble Motion was,
That the Prisoner may be directed to make a positive answer, either by
way of Confession or Negation, which if he shall refuse to do, that the
matter of charge may be taken _pro confesso_, and the Court may proceed
according to Justice.
_Lord President._ Sir, You may remember at the last Court you were
told the occasion of your being brought hither, and you heard a Charge
read against you, containing a Charge of High Treason, and other High
Crimes against this Realm of England, and instead of answering, you
interrogated the Court’s Authority and Jurisdiction. Sir, The Authority
is the Commons of England in Parliament assembled, who require your
answer to the Charge either by confessing or denying.
_King._ When I was here last, ’tis very true I made that Question: And
truly if it were only my own particular case, I would have satisfied
my self with the Protestation I made the last time I was here against
the legality of this Court, and that a King cannot be tried by any
superiour Jurisdiction on Earth: but it is not my case alone, it is the
freedom and the liberty of the People of England; and do you pretend
what you will, I stand more for their Liberties: for if Power without
Law may make Laws, may alter the fundamental Laws of the Kingdom, I do
not know what Subject he is in England that can be sure of his life or
any thing that he calls his own: Therefore when that I came here, I did
expect particular Reasons to know by what Law, what Authority you did
proceed against me here: And therefore I am a little to seek what to
say to you in this particular, because the Affirmative is to be proved;
the Negative often is very hard to do, but since I cannot perswade you
to it, I shall tell you my Reasons as short as I can.
My Reasons why in Conscience and Duty I owe to God first, and my People
next, for the preservation of their Lives, Liberties, and Estates; I
conceive I cannot answer this till I be satisfied of the legality of
it. All Proceedings against any Man whatsoever——
_Lord President._ Sir, I must interrupt you, which I would not do, but
that what you do is not agreeable to the Proceedings of any Court of
Justice; you are about to enter into argument and dispute concerning
the Authority of this Court, before whom you appear as a Prisoner,
and are charged as a High Delinquent. If you take upon you to dispute
the Authority of the Court, we may not do it: nor will any Court give
way unto it. You are to submit to it: you are to give a punctual and
direct answer, whether you will answer your Charge or no, and what
your answer is.
_King._ Sir by your favour, I do not know the Forms of Law, I do know
Law and Reason, though I am no Lawyer professed. But I know as much
Law as any Gentleman in England; and therefore (under favour) I do
plead for the Liberties of the People of England more than you do; and
therefore if I should impose a Belief upon any without Reasons given
for it, it were unreasonable; but I must tell you, that by that Reason
that I have as thus informed, I cannot yield unto it.
_Lord President._ Sir, I must interrupt you, you may not be permitted:
you speak of Law and Reason; it is fit there should be Law and Reason,
and there is both against you, Sir: the Vote of the Commons of England
assembled in Parliament, it is the Reason of the Kingdom; and they
are these two that have given being to that Law according to which
you should have ruled and reigned. Sir, you are not to dispute our
Authority, you are told it again by the Court: Sir, it will be taken
notice of that you stand in contempt of the Court, and your Contempt
will be recorded accordingly.
_King._ I do not know how a King may be a Delinquent, by any Law that
ever I heard of: all Men (Delinquents or what you will) let me tell you
they may put in Demurrers against any Proceeding as legal; and I do
demand that, and demand to be heard with my Reasons; if you deny that,
you deny Reason.
_Lord President._ Sir, you have offered something to the Court, I shall
speak something to you, the Sense of the Court: Sir, neither you nor
any Man are permitted to dispute that point, you are concluded, you may
not demur to the Jurisdiction of the Court: if you do, I must let you
know they overrule your Demurrer; they sit here by the Authority of the
Commons of England, and all your Predecessors and you are responsible
to them.
_King._ I deny that, shew me one Precedent.
_Lord President._ Sir, you ought not to interrupt while the Court is
speaking to you: This Point is not to be debated by you, neither will
the Court permit you to do it; if you offer it by way of demur to the
Jurisdiction of the Court, they have considered of their Jurisdiction,
they do affirm their own Jurisdiction.
_King._ I say, Sir, by your favour, That the Commons of England was
never a Court of Judicature; I would know how they came to be so.
_Lord President._ Sir, you are not to be permitted to go on in that
speech, and these Discourses.
Then the Clerk of the Court read as follows:
Charles Stuart King of England, You have been accused on the behalf
of the People of England, of High Treason, and other high Crimes; the
Court have determined, that you ought to answer the same.
_King._ I will answer the same so soon as I know by what Authority you
do this.
_Lord President._ If this be all that you will say, then Gentlemen you
that brought the Prisoner hither, take charge of him back again.
_King._ I do require that I may give in my Reasons why I do not answer;
and give me time for that.