of High Treason, for levying war against the king, parliament, and kingdom; and desired that such farther proceedings might be had thereupon as to justice and the course of parliament did appertain, and then the Commons would be ready with their Evidence to support the said Charge.

Feb. 2. The Lords took into consideration the Articles of Impeachment against the Seven Lords, of High Treason, and high crimes and misdemeanors, brought from the commons; and it was moved that it might be considered, Whether the releasing of the said Lords, and giving them their liberty on the 19th Jan. last, be not à discharging and acquitting them of the general accusation of High Treason; and whether the releasing of their persons be a discharging of that accusation? Then the General Accusation of the 8th Sept. last was read, and the Order for their commitment, with the several Messages sent to the House of Commons concerning them. And the question be ing put, Whether, upon what hath been now read, the general Impeachment against the Seven Lords is dismissed? It was resolved in the negative.-Next, it was taken into consideration, Whether, in the particular Articles against the Seven Lords, there be not a contrariety in the averment of the House of Commons; because the Articles make mention, That they are in maintenance of a former Charge brought up from the Commons against them, of High Treason, and high crimes and misdemeanors; and it was moved to have a conference with the Commons about it; and the question being put, Whether to send to the Seven Lords copies of their several and respective Articles, and appoint them a day to put in their Answers, to the same, before such time as a conference be had with the Commons concerning this business, it was resolved in the affirmative; and ordered, That the earls of Lincoln, Suffolk, and Middlesex, the lords Berkeley, Hunsdou, Willoughby, and Maynard, shall attend at the bar on Friday morning, and receive their several and respective Articles of Impeachment of High Treason and other high crimes and misdemeanors, brought from the Commons against them; and that they put in their several and respective Answers thereunto by to-morrow fortnight. And it was further ordered, That the aforesaid lords be sequestered from the house, upon this Charge: and that they shall put in bail of 4,000l. a-piece and 2,000/. by suretic. for each lord, on Friday next.

months committed, without particular Charge against him, that their lordships were pleased to order his enlargement; that he had received counsel from a friend, that he is not fit for public employment, and therefore resolved to privacy, that he hath always been faithful to the parliament, and desired their lordships to make an honourable construction of his retirement. The lords ordered that 14 days be given to all the Seven Impeached Lords to put in their Answers; and they shall have council assigned to them, if they desire it, for matter of law,

March 8. A Petition was presented to the house of peers from the Impeached Lords, all but the lord Willoughby of Parham, desiring a further day to bring in their Answer, because the counsellors assigned them are some of them out of town, upon which the Lords granted them time until the 12th of April.

April 12. This day the earl of Lincoln, earl of Suffolk, earl of Middlesex, the lord Hunsden, lord Berkley, did each of them put in their Answer to the house of peers in parch ment, pleading not guilty to the Charge of High Treason framed against them.

April 18. A Message was sent up from the Commons to the Lords, to mind them of the Impeachment against the Seven Lords; which the Lords ordered to be taken into consideration on the 20th instant.

June 6. The Commons sent up a Message to acquaint the Lords, That they would proceed no farther upon the Impeachments against the Seven Peers. Upon which the Lords of dered, That the said Lords by name should be forthwith discharged from the restraint they laid under on account of the said Impeaci ments; and that the same, upon the aforesz Declaration of the Commons, should be vacated in the Journal-Book. Ordered, also, That the Lords impeached should have notice to attend the service of the house the next morning.

"He was in the beginning of the troubles

very hearty and strong for the Parliament, and manifested great personal courage, honour, and military, as well as civil, abilities; as ap pears by his actions, and letters, whilst he was in the service of the parliament. In whose favour and esteem he was so high, that they voted him to be General for the Horse, under the earl of Essex, and afterwards to be all earl. But having taken a disgust at the Par liament's declining a personal Treaty with the king, and being jealous that monarchy, and consequently degrees and titles of honour, were in danger to be wholly abolished, he was ton forward in countenancing and assisting the late tumults in the City, when the Members of ParFeb. 8. This day Six of the Impeached liament were driven away from Westminster to Lords appeared at the house of peers' bar, the Army. Upon the return of the Members where they heard their Charges read one by he was with other Lords impeached of High one; they then entered bond, and put in their Treason for that action; and rather than ap security, according to their former order. The pear, and stand to a Trial for it, he left his lord Willoughby came not, but sent a Letter, Country, and was now with the prince in his being himself withdrawn, which being read was navy, for which the commons voted his estate to this effect; That he had been about four to be secured." Whitelocke.

Feb. 3. The Lords ordered, That the Seven Impeached Lords be allowed till Tuesday next for coming to receive their Charges and bring ing in their Bail.

182. The TRIAL of CHARLES STUART, KING of ENGLAND; Before the High Court of Justice, for High Treason:

24 CHARLES I. A. D. 1649.*

January 1, 1649. Declared and adjudged August 17. The Commons concur with the by the Commons, That by the fundamental Lords, that these Votes for non-addresses be re-laws it is Treason in the King of England, for voked. the time being, to levy war against the parliament and kingdom.

der God) the original of all just powers. That themselves, being chosen by and representing

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the people, have the Supreme Power in the nation. That whatsoever is enacted, or de

'vernment, whilst he lived;' and after he was plied, That his coach was ready, and he was become a prisoner in the Isle of Wight, they this morning going out of town purposely to were more solicitous for a resolution and deter with avoid this business, and if he pleased to go mination in that particular: and after the vote him, they might be quiet at his house in the of no more addresses, the most violent party country till this business should be over, and he should be glad of his company. He willingly thought they could do nothing in order to 'their own ends, till he should be first dead; consented to go with Whitelock, and was not ' and therefore, one way or other, that was to long in preparing himself for the journey."'be compassed in the first place' Some were "January 9, 1649. Widdrington and Whitelock by agreement went into the house this for an actual deposing him; which could morning, the Trial of the King being begun, not but be easily brought to pass, since the some looked very shy upon them, others bid parliament would vote any thing they should 'be directed.' Others were for the taking them welcome, and seemed glad to see them there."-Whitelock consented to accept the away his life by poison, which would make office of Commissioner of the new Great Seal, 'least noise; or, if that could not be so ea(which Widdrington from scrupling the autho- sily contrived, by assassination; for which 'there were hands enough ready to be emrity of the House of Commons refused to do) and in a speech in which he offered some rea- ployed.' There was a third sort, as violent sons for wishing to decline that office, he dis- as either of the other, who pressed ・ to Lase him brought to a public trial as a malefactor; tinctly, though warily and with mention of the which,' they said, would be most for the boground of necessity, asserted the sufficiency of the House. He also acted as a Member of the 'nour of the parliament, and would teach all Council of State, but when as such he was de-kings to know, that they were accountable manded to subscribe the test appointed by parliament for approving all that was done concerning the King and Kingship, and for taking away the House of Lords," &c. he tells us, that "he scrupled that part of approving the proceedings of the High Court of Justice, because he was not privy to them, nor did know what they were in particular, nor ever heard any report of them made to the house; and not knowing what they were, he could not sign that paper, to approve of them." Nevertheless, he afterwards prepared and brought in the Declaration to satisfy the people touching the proceedings of parliament,' as he gently expresses it, which however he says the Committee "made much sharper than he had drawn it, and added divers clauses which he thought matters fit to be omitted." See this Declaration in 3 Cobb. Parl. Hist. 1319. Oldmixon says it was published in English, Latin, French, and Dutch.-Whitelock also prepared the act for taking away the House of Lords; or, in his own words, "It was put upon Whitelock to draw an Act to take away the House of Lords, wherein he desired to have been excused in regard he was not in the house when the Vote passed, and had declared his opinion against it, but he could not get excused."

and punishable for the wickedness of their lives. Many of the officers were of the first opinion, as a thing they had precedents for; and that he being once deposed, they could 'better settle the government than if he were 'dead; for his son could pretend no right 'whilst he was alive; whereas, if the father 'were dead, he would presently call himself King, and others would call him so too; and, 'it may be, other kings and princes would own him for such. If he were kept alive in a 'close prison, he might afterwards be made use of, or removed upon any appearance of a re'volution.'-There were as many officers of the second judgment that he should be presently 'dispatched.' They said, it appeared by the experience they had, that whilst he was alive (for a more strict imprisonment than he had 'undergone he could never be confined to) there 'would be always plots and designs to set him at liberty; and he would have parties throughout the kingdom, and, in a short time, a faction in their most secret councils, and it may 'be in the army itself; and, where his liberty 'would yield so great a price, it would be too great a trust to repose in any man, that he would long resist the temptation. Whereas, if he were confessedly dead, all those fears 'would be over, especially if they proceeded with that circumspection and severity towards 'all his party, as in prudence they ought to "It hath been acknowledged by some offi- 'do.' This party might probably have carried cers, and others who were present at the con- it, if Hammond could have been wrought upon sultations, that from the time of the king's be- to have concurred; but he had yet too much ing at Hampton Court, and after the army had conscience to expose himself to that infamy, mastered both the parliament and the city, and and without his privity or connivance it could were weary of having the king with them, and not be done.—The third party, which were all the knew not well bow to be rid of him, there were levellers and agitators of the army, in the head many secret consults what to do with him. of which Ireton and Harrison were, would not And it was generally concluded, they should endure either of the other ways, and said, ་ never be able to settle their new form of go-they could as easily bring him to justice in the

* Of the Debates which led to the Trial of the King, lord Clarendon writes thus;

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clared for law by the Commons in parliament, hath the force of a law, and the people con

cluded thereby though consent of King and Peers be not had thereunto.

sight of the sun, as depose him, since the au- man would be ambitious to succeed him, and thority of the parliament could do one as well be a king in his place, when he saw in what as the other: that their precedent of deposing manner he must be accountable to the peohad no reputation with the people, but was ple.' This argumentation, or the strength 'looked upon as the effect of some potent fac and obstinacy of that party, carried it; and, tion, which always oppressed the people more hereupon, all that formality of proceeding, after, than they had been before. Besides, which afterwards was exercised, was resolved those deposings had always been attended upon and consented to.-Whether the incre 'with assassinations and murthers, which were dibility or monstrousness of such a kind of the more odious and detested, because no- proceeding, wrought upon the minds of men, body owned and avowed the bloody actions or whether the principal actors took pains, by they had done. But if he were brought to a their insinuations, to have it so believed; it public trial, for the notorious ill things he had fell out, however, that they among them who 'done, and for his misgovernment, upon the wished the king best, and stood nearest to the complaint and prosecution of the people, the stage where these parts were acted, did not be'superiority of the people would be hereby lieve that there were those horrid intentions rindicated and made manifest; and they that shortly after appeared. The preachers, 'should receive the benefit, and be for ever who had sounded the trumpets loudest to, and 'free from those oppressions which he had im- throughout the war, preached now as furiously 'posed upon them, and for which he ought to against all wicked attempts and violence pay so dear; and such an exemplary proceed- against the person of the king, and foolishly ing and executiou as this, where every circum- urged the obligation of the Covenant (by which 'stance should be clear and notorious, would they had involved him in all the danger he was be the best foundation and security of the go-in) for the security of his person." 'vernment they intended to establish, and no

A perfect NARRATIVE of the whole PROCEEDINGS of the HIGH COURT OF JUSTICE, in the Trial of the KING, in WestminsterHail. With the several Speeches of the King, Lord President, and Solicitor General. Published by Authority, to prevent false and impertinent Relations. January 20-27. a.d. 1649. Licensed by Gilbert Mabbot.

ON Saturday, being the 20th day of January, 1649, the Lord President of the High Court of Justice, with near fourscore of the members of the said Court, having sixteen gentlemen with partizans, and a sword, and a mace, with their and other officers of the said court, marching before them, came to the place ordered to be prepared for their sitting at the west-end of the great Hall at Westminster; where the Lord President, in a crimson-velvet chair, fixed in the midst of the Court, placed himself, having a desk with a crimson-velvet cushion before him; the rest of the members placing themselves on each side of him upon several seats, or benches, prepared and hung with scarlet for that purpose; and the partizans dividing themselves on each side of the court before them.

The Court being thus sat, and Silence made, the great gate of the said Hall was set open, to the end that all persons, without exception, desirous to see or hear, might come into it. Upon which the Hall was presently filled, and silence again ordered.

This done, colonel Thomlinson, who had the charge of the Prisoner, was commanded to bring him to the Court; who within a quarter of an hour's space brought him, attended with VOL.`IV.

about twenty officers with partizans, marching before him, there being other gentlemen, to whose care and custody he was likewise committed, marching in his rear.

Being thus brought up within the face of the Court, the Serjeant at Arms, with his mace, receives and conducts him strait 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, not at all moving his hat, or otherwise shewing the least respect to the court; but presently rises 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. After silence made among the people, the Act of Parliament for the trying of Charles Stuart, king of England, was read over by the Clerk of the Court, who sat on one side of a table covered with a rich Turkeycarpet, and placed at the feet of the said LordPresident; upon which table was also laid the sword and mace.

After reading the said Act, the several names of the Commissioners were called over, every one who was present, being eighty, as aforesaid, rising up, and answering to his call.

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