Court will say; and therefore, Sir—— A hasty Judgment is not so soon
recalled.
_President._ Sir, you shall be heard before the Judgment be given; and
in the mean time you may forbear.
_King._ Well, Sir, shall I be heard before the Judgment be given?
_President._ Gentlemen, It is well known to all, or most of you
here present, That the Prisoner at the Bar hath been several times
convented and brought before this Court, to make answer to a Charge of
Treason, and other High Crimes exhibited against him in the name of
the People of England: To which Charge being required to answer, he
hath been so far from obeying the Commands of the Court, by submitting
to their Justice, that he began to take upon him to offer Reasoning
and Debate unto the Authority of the Court, and to the Highest Court
that appointed them to try and judg him: But being overruled in that,
and required to make his Answer, he was still pleased to continue
contumacious, and refuse to submit to answer. Hereupon the Court, that
they might not be wanting to themselves, nor the trust reposed in them,
nor that any Man’s wilfulness prevent Justice, they have thought fit to
take the matter into their Consideration; they have considered of the
Charge; they have considered of the Contumacy, and of that Confession
which in Law doth arise upon that Contumacy; they have likewise
considered of the notoriety of the Fact charged open the Prisoner; and
upon the whole matter they are resolved, and are agreed upon a Sentence
to be pronounced against the Prisoner, But in respect he doth desire
to be heard before the Sentence be read and pronounced, the Court hath
resolved that they will hear him.
Yet, Sir, thus much I must tell you beforehand, which you have been
minded of at other Courts, That if that which you have to say, be to
offer any debate concerning the Jurisdiction, you are not to be heard
in it: you have offered it formerly, and you have struck at the Root;
that is, the Power and Supream Authority of the Commons of England,
which this Court will not admit a debate of; and which indeed it is an
irrational thing in them to do, being a Court that acts upon Authority
derived from them. But, Sir, if you have any thing to say in defence
of your self concerning the matter charged, the Court hath given me in
command to let you know they will hear you.
_King._ Since I see that you will not hear any thing of debate
concerning that which I confess I thought most material for the peace
of the Kingdom, and for the liberty of the Subject, I shall wave it, I
shall speak nothing to it: But only I must tell you, That this many
a day all things have been taken away from me, but that that I call
dearer to me than my Life, which is my Conscience and my Honour. And
if I had a respect to my Life more than the Peace of the Kingdom, and
the Liberty of the Subject, certainly I should have made a particular
Defence for my self; for by that at leastwise I might have delayed an
ugly Sentence, which I believe will pass upon me. Therefore certainly
Sir, as a Man that hath some understanding, some knowledg of the World,
if that my true Zeal to my Country had not overborn the care that I
have for my own preservation, I should have gone another way to work
than that I have done.
Now, Sir, I conceive that an hasty Sentence once past may sooner be
repented of, than recalled: And truly the self-same desire that I have
for the peace of the Kingdom, and the liberty of the Subject, more
than my own particular ends, makes me now at last desire, That I have
something to say that concerns both, before Sentence be given, that I
may be heard in the Painted Chamber before the Lords and Commons. This
Delay cannot be prejudicial unto you, whatsoever I say. If that I say
be not Reason, those that hear me must be judg; I cannot be Judg of
that that I have. If it be Reason, and really for the welfare of the
Kingdom, and the Liberty of the Subject, I am sure on it it is very
well worth the hearing: Therefore I do conjure you, as you love that
that you pretend, (I hope it is real) the Liberty of the Subject, the
Peace of the Kingdom, that you will grant me this hearing before any
Sentence be past. I only desire this, That you will take this into your
Consideration; it may be you have not heard of it beforehand. If you
will, I will retire, and you may think of it: But if I cannot get this
Liberty, I do protest, That these fair shews of Liberty and Peace are
pure Shews, and that you will not hear your King.
_President._ Sir, you have now spoken.
_King._ Yes, Sir.
_President._ And this that you have said, is a further declining of
the Jurisdiction of this Court, which was the thing wherein you were
limited before.
_King._ Pray excuse me, Sir, for my interruption, because you mistake
me. It is not a declining of it; you do judg me before you hear me
speak. I say it will not, I do not decline it: tho I cannot acknowledg
the Jurisdiction of the Court, yet, Sir. in this give me leave to say
I would do it, tho I did not acknowledg it In this I do protest, it is
not the declining of it, since I say, if that I do say any thing but
that that is for the Peace of the Kingdom and Liberty of the Subject,
then the Shame is mine. Now I desire that you will take this into your
consideration: if you will I will withdraw.
_President._ Sir, this is not altogether new that you have moved to us,
not altogether new to us, tho the first time in Person you have offered
it to the Court. Sir, you say you do not decline the Jurisdiction of
the Court.
_King._ Not in this that I have said.
_President._ I understand you well, Sir; but nevertheless that which
you have offered, seems to be contrary to that Saying of yours, for
the Court are ready to give a Sentence. It is not, as you say, That
they will not hear the King, for they have been ready to hear you;
they have patiently waited your Pleasure for three Courts together to
hear what you would say to the Peoples Charge against you: To which
you have not vouchsafed to give any Answer at all. Sir, this tends
to a further delay. Truly Sir, such delays as these, neither may the
Kingdom nor Justice well bear. You have had three several days to
have offered in this kind what you would have pleased. This Court is
founded upon that Authority of the Commons of England, in whom rests
the Supreme Jurisdiction. That which you now tender, is to have another
Jurisdiction, and a co-ordinate Jurisdiction. I know very well you
express your self, Sir, that notwithstanding that you would offer to
the Lords and Commons in the Painted Chamber, yet nevertheless you
would proceed on here; I did hear you say so. But, Sir, that you would
offer there, whatever it is, must needs be in delay of the Justice
here; so that if this Court be resolved and prepared for the Sentence,
this that you offer, they are not bound to grant. But, Sir, according
to that you seem to desire, and because you shall know the further
pleasure of the Court upon that which you have moved, the Court will
withdraw for a time.
This he did to prevent disturbance.
_King._ Shall I withdraw?
_President._ Sir, you shall know the pleasure of the Court presently.
The Court withdraws for half an hour into the Court of Wards.
_Serjeant at Arms._ The Court gives command that the Prisoner be
withdrawn; and they give order for his return again.
After which they returned; and being sat, the President commanded,
Serjeant at Arms, send for your Prisoner; who being come, the President
proceeded.
Sir, You were pleased to make a Motion here to the Court to offer a
desire of yours touching the propounding of somewhat to the Lords and
Commons in the Painted Chamber for the Peace of the Kingdom. Sir, you
did in effect receive an answer before the Court adjourned: Truly,
Sir, their withdrawing and adjournment was _pro forma tantum_; for it
did not seem to them that there was any difficulty in the thing. They
have considered of what you have moved, and have considered of their
own Authority, which is founded, as it hath been often said, upon the
supreme Authority of the Commons of England assembled in Parliament.
The Court acts according to their Commission. Sir, the return I have
to you from the Court is this, That they have been too much delayed by
you already; and this that you now offer, hath occasioned some little
further delay; and they are Judges appointed by the highest Authority;
and Judges are no more to delay than they are to deny Justice: They
are good words in the Great Old Charter of England, _Nulli negabimus,
nulli vendemus, nulli deferemus Justitiam_. There must be no delay. But
the truth is, Sir, and so every man here observes it, that you have
much delayed them in your contempt and default, for which they might
long since have proceeded to Judgment against you; and notwithstanding
what you have offered, they are resolved to proceed to Sentence and to
Judgment, and that is their unanimous consent.
_King._ Sir, I know it is in vain for me to dispute; I am no Sceptick
for to deny the Power that you have, I know that you have Power enough.
Sir, I must confess I think it would have been for the Kingdom’s Peace,
if you would have taken the pains to have shewn the lawfulness of your
Power.
For this Delay that I have desired, I confess it is a Delay, but it
is a Delay very important for the Peace of the Kingdom: For it is not
my person that I look at alone, it is the Kingdom’s Welfare and the
Kingdom’s Peace.
It is an old Sentence, _That we should think on long before we resolve
on great matters suddenly_. Therefore, Sir, I do say again, that I
do put at your doors all the inconveniency of a hasty Sentence. I
confess I have been here now I think this week; this day 8 days was
the day I came here first: But a little delay of a day or two further
may give peace, whereas a hasty judgment may bring on that trouble and
perpetual inconveniency to the Kingdom, that the Child that is unborn
may repent it. And therefore again, out of the Duty I owe to God and to
my Country, I do desire that I may be heard by the Lords and Commons in
the Painted Chamber, or any other Chamber that you will appoint me.
_President._ You have been already answered to what you even now moved,
being the same you moved before, since the Resolution and the Judgment
of the Court in it; and the Court now requires to know whether you have
any more to say for your self than you have said, before they proceed
to Sentence.
_King._ I say this, Sir, That if you hear me, if you will give me but
this delay, I doubt not but I shall give some satisfaction to you all
here, and to my People after that; and therefore I do require you,
as you will answer it at the dreadful day of Judgment, that you will
consider it once again.
_President._ Sir, I have received Direction from the Court
_King._ Well, Sir.
_President._ If this must be reinforced, or anything of this nature,
your Answer must be the same, and they will proceed to Sentence, if you
have nothing more to say.
_King._ I have nothing more to say; but I shall desire that this may be
entred what I have said.
_President._ The Court then, Sir, hath something to say unto you, which
I know, altho I know it will be very unacceptable, yet notwithstanding
they are willing and resolved to discharge their Duty.
His Majesty answered, I would desire only one word before you give
Sentence, and that is, That you would hear me concerning those great
Imputations that you have laid to my Charge.
_President._ Sir, you must give me now leave to go on: for I am not far
from your Sentence, and your time is now past.
_King._ But I shall desire you will hear me a few words to you; for
truly, whatever Sentence you will put upon me, in respect of those
heavy imputations that I see by your Speech you have put upon me. Sir,
it is very true that—
_President._ Sir, I must put you in mind; Truly Sir, I would not
willingly, at this time especially, interrupt you in any thing you have
to say that is proper for us to admit of: But, Sir, you have not owned
us a a Court, and you look upon us as a sort of People met together,
and we know what Language we receive from your Party.
_King._ I know nothing of that.
_President._ You disavow us as a Court, and therefore for you to
address your self to us, and not to acknowledg us as a Court to judg
of what you say, it is not to be permitted. And the truth is, all
along from the first time you were pleased to disavow and disown us,
the Court needed not to have heard you one word; for unless they be
acknowledged a Court, and engaged, it is not proper for you to speak.
Sir, we have given you too much Liberty already, and admitted of too
much delay, and we may not admit of any further; were it proper for us
to do it, we should hear you freely; and we should not have declined
to have heard you at large, what you could have said or proved on your
behalf, whether for totally excusing, or for in part excusing those
great and hainous charges that in whole or in part are laid upon you.
But, Sir, I shall trouble you no longer; your Sins are of so large
a dimension, that if you do but seriously think of them, they will
drive you to a sad consideration, and they may improve in you a sad
and serious Repentance. And the Court doth heartily wish that you may
be so penitent for what you have done amiss, that God may have mercy
at leastwise on your better part. Truly, Sir, for the other, it is
our parts and duties to do that which the Law prescribes. We are not
here _Jus dare_, but _Jus dicere_: We cannot be unmindful of what the
Scripture tells us; for to acquit the Guilty is of equal abomination as
to condemn the Innocent. We may not acquit the guilty. What Sentence
the Law affirms to a Traitor, a Murderer, and a publick Enemy to the
Country, that Sentence you are now to hear read unto you, and that in
the Sentence of the Court.
Make an _O Yes_, and command silence while the Sentence is read.
Which done; the Clerk read the Sentence drawn up in Parchment:—
Whereas the Commons of England in Parliament had appointed them an
High Court of Justice, for the trial of Charles Stuart, King of
England, before whom he had been three times convented, and at the
first time a Charge of High Treason, and other Crimes and Misdemeanors
was read in the behalf of the Kingdom of England [Here the Charge
was repeated] which Charge being read unto him as aforesaid, he the
said Charles Stuart was required to give his answer, but he refused
so to do. [Expressing the several passages of his refusing in the
former Proceedings.] For all which Treasons and Crimes, this Court
doth adjudg, That he the said Charles Stuart, as a Tyrant, Traitor,
Murderer, and a publick Enemy, shall be put to death, by the severing
of his Head from his Body.
Which being read, the President added,
The Sentence now read, and published, is the Act, Sentence, Judgment,
and Resolution of the whole Court.
To which they all expressed their assent by standing up, as was before
agreed and ordered.
His Majesty then said,
Will you hear me a word, Sir?
_President._ Sir, you are not to be heard after the Sentence.
_King._ No, Sir?
_President._ No, Sir, by your favour, Sir. Guard, withdraw your
Prisoner.
_King._ I may speak after Sentence, by your favour, Sir, I may speak
after Sentence, ever. By your favour, hold: the Sentence, Sir—— I say
Sir, I do—I am not suffered to speak, expect what Justice other People
will have.
His Majesty being taken away by the Guard, as he passed down the
Stairs, the Soldiers scoffed at him, casting the smoke of their Tobacco
(a thing very distastful unto him) and throwing their Pipes in his way.
As he passed along, hearing the Rabble of Souldiers crying out,
_Justice, Justice_; he said, _Poor Souldiers, for a piece of Mony they
would do so for their Commanders_.
In the Evening a Member of the Army acquainted the Committee with his
Majesty’s desire, That seeing they had passed a Sentence of death
upon him, and his time being nigh, he might see his Children, and
Dr. Juxton, Bishop of London, might be admitted to assist him in his
private Devotions, and receiving the Sacrament. Both which were granted.
And the next day being Sunday, he was attended by the Guard to St.
James’s, where the Bishop preached before him upon these words, “In
the day when God shall judg the Secrets of all Men by Jesus Christ
according to my Gospel.”
January 29, 1648-9.
Upon Report made from the Committee for considering the time and place
of the executing of the Judgment against the King, the said Committee
have resolved, That the open Street before Whitehall, over against
the Banqueting-house, is a fit place, and that the said Committee
conceive it fit that the King be there executed to morrow, the King
having already notice thereof: The Court approved thereof, and ordered
a Warrant to be drawn for that purpose, which said Warrant was
accordingly drawn and agreed unto, and ordered to be ingrossed; which
was done, and signed and sealed accordingly as followeth, viz.:—
“At the High Court of Justice for the trying and judging of CHARLES
STUART King of England. Jan. 29, 1648, [1649.]
“Whereas Charles Stuart King of England is, and standeth convicted,
attainted, and condemned of High Treason, and other high Crimes; and
Sentence upon Saturday last was pronounced against him by this Court,
to be put to death by the severing of his Head from his Body; of which
Sentence, Execution yet remaineth to be done: These are therefore to
will and require you to see the said Sentence executed in the open
Street before Whitehall, upon the morrow, being the 30th day of this
instant Month of January, between the hours of 10 in the Morning,
and 5 in the afternoon of the same day, with full effect. And for so
doing, this shall be your sufficient Warrant. And these are to require
all Officers, Soldiers, and others, the good People of this Nation of
England, to be assisting unto you in this Service.
“Given under our Hands and Seals.
“_Sealed and subscribed by_
“John Bradshaw, Tho. Grey, Oliver Cromwell, Edward Whaley, Michael
Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Tho.
Maleverer, John Blackiston, John Hutchinson, William Goffe, Tho. Pride,
Peter Temple, Tho. Harrison, John Huson, Henry Smith, Peregrine Pelham,
Simon Meyne, Tho. Horton, John Jones, John More, Hardress Waller,
Gilbert Millington, George Fleetwood, John Alured, Robert Lilburn,
William Say, Anthony Stapeley, Richard Deane, Robert Tichburne, Humphry
Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope,
James Temple, Augustine Garland, Edmond Ludlow, Henry Martin, Vincent
Potter, William Constable, Richard Ingoldsby, William Cawley, John
Barkstead, Isaac Ewers, John Dixwell, Valentine Walton, Gregory Norton,
Tho. Chaloner, Tho. Wogan, John Ven, Gregory Clement, John Downs, Tho.
Wayte, Tho. Scot, John Carew, Miles Corbet.
“To Col. Francis Hacker, Col. Huncks,
and Lieut. Col. Phray; and to every
of them.”
Tuesday, January 30.
This Day his Majesty was brought from St. James’s about 10 in the
Morning, walking on foot through the Park, with a Regiment of Foot
for his Guard, with Colours flying, Drums beating, his private Guard
of Partizans, with some of his Gentlemen Before, and some behind,
bare-headed; Dr Juxton, late Bishop of London, next behind him,
and Col. Thomlinson (who had the charge of him) to the Gallery in
Whitehall, and so into the Cabinet-Chamber, where he used to lie,
where he continued at his Devotion, refusing to dine, (having before
taken the Sacrament,) only about 12 at Noon he drank a Glass of Claret
Wine, and eat a piece of Bread. From thence he was accompanied by Dr
Juxton, Col. Thomlinson, Col. Hacker, and the Guards before-mentioned,
through the Banquetting-House, adjoining to which the Scaffold was
erected, between Whitehall-Gate, and the Gate leading into the Gallery
from St James’s. The Scaffold was hung round with black, and the Floor
covered with black, and the Ax and Block laid in the middle of the
Scaffold. There were divers Companies of Foot and Horse on every side
the Scaffold, and the Multitudes of People that came to be Spectators
were very great. The King making a pass upon the Scaffold, look’d very
earnestly on the Block, and asked Col. Hacker if there were no higher;
and then spake thus, directing his Speech to the Gentlemen on the
Scaffold.