A DECLARATION OF THE Lords and Commons Aſſembled in PARLIAMENT, CONCERNING The Tryall of the KING; And the Bill of Attainder and Charge againſt Him, in the Name of Charles Stuart, impeaching Him of High Treaſon, for breach of Covenant with His People.
AND A Liſt of the Names of the Judges, Lords, Commons, Collonels, Officers of the Army, and Aldermen of the city of London, who are appointed as commiſſioners to try his Majeſty, and to give ſentence againſt Him at VVeſtminſter; VVith the time of His comming to Tryall, and a Meſsage to the Kingdom, touching the ſame.
ALSO, The further and finall Reſolution of the Army, touching the perſon of the King, their Reſolution touching the Government of this Kingdom, their Summons to the Prince of VVales, and the Duke of York; and a Declaration concerning the Duke of Glouceſter.
Printed for I. VVhite, and are to be ſold in the Old-Bayley:
THE Generall Councell of the Army have fully reſolved upon their Debates, touching the tryall of the King, and are reſolved to bring him to a preſent tryall, the manner of it (is ſaid to be) by ten Lords, twenty Commons, and ten Colonels, Lieutenant Colonels, and Majors,1 who are to receive Inſtructions (as Commiſſioners) for managing and proſecuting of the Bills of Attainder and Impeachment againſt the perſon of the King; and are reſolved to eſtabliſh and confirme a true and laſting Government within this Kingdome, and that the beſt they can imagine for a Common-wealth, which containeth theſe particulars, viz.
1 The Magiſtrate to have power in things civill and naturall. 2 The Subject to be free, ſubmitting to the Civill Lawes. 3 No toleration for Popery nor Prelacy. 4 None to be forced to fight in War againſt their will, &c.
And the Generall Councell have further reſolved and declared, That the Parliament ſhall not proceed againſt any perſons to give Judgment, but according to what is Law, Reaſon, and Equity.
And for the better facilitating and eſtabliſhing of a true and laſting peace within this Nation, the Generall Councel of the Army have paſſed the remaining part of the Articles for an Agreement of the People, and are determined ſpeedily to conſider of a forme of concluſion and ſubſcription to this Agreement as to the Officers of the Army.
Summons are alſo ſent to the Prince of Wales, and the Duke of York, to require their preſent appearance, and to deſiſt from their Engagement, in acting againſt this Kingdom, and involving their place of Nativity in another bloudy and inteſtine War, and a day is prefixed, for their return, that in caſe they refuſe to yeeld obedience to the ſaid Summons, then to be declared againſt as Enemies to the peace of this Kingdom, and to be degraded of all Titles and Honours, belonging to either of them.
Yet notwithſtanding, we have one precious Flower and3 Bloſſome to fix our eyes upon, viz. the Duke of Glouceſter, (the Kings youngeſt Son) who in all probability, will ſpeedily be advanced to great Honours and Dignities, to the great admiration of the whole Kingdom.
Yeſterday the Committee reported the Ordinance of Attainder againſt Charles Stuart, and the names of ſuch Commiſſioners as ſhould try him, which are, the Earl of Denbigh, Earl of Pembroke, E. of Kent, E of Mulgrave, E. of Nottingham, and Lord Grey of Wark.
Of the Houſe of Commons, the Lord Munſon, L. Liſle, L. Grey of Groby, Lieu. Gen. Crumwell, M. G. Skippon, Com. Gen: Ireton, Sir Henry Mildmay, Sir Iohn Danvers, Col. Walton, Col: Moor, Col: Boſwell, Col: Roſſiter, Col: Ven, Col: Thorney, Col: Laſsels, and about 30 Members more.
Of the Army that are not members of the Houſe of Commons, the L. Gen. Fairfax, Col: Whalley, Col: Rich, Col: VValter, Col: Tomlinſon, col: Scroop, Col: Sanders, Col: Pride, col: Twiſleton, Col: Huſon, Col: Barkstead, Col: Horton, Col: Deſborough, Col: Dean, and Col: Okey.
Of the City of London, Alderman Pennington, Alderman VVoollaston, Ald: Fooks, Ald: Gibbs, and Alderman Andrews.
The Judges are, the Lord chief Juſtice Rolls, chief Juſtice of England, Juſtice St. Iohn, Lord chief Juſtice of the Common-pleas, and Lord chief Baron VVild. And two out of all the 40 Counties throughout the Kingdom, all which commiſſioners, who are to ſit as a Jury, are to conſiſt of 150, and any 20 of them are to be a Committee for tryall of the King, and to give ſentence againſt him. By this Ordinance the Commiſſioners are limited to a moneths time, to make a finall determination of the buſineſſe, the place of tryall is ſaid to be at Weſtminſter.
HIs Majeſty hath had ſome diſcourſe about the Remonſtrance of the Army, in reference to the bringing of his perſon to a tryall, propoſing ſeverall Queries, how that could be, what way they could do it, or which way they could bring in any Charge againſt him: It was anſwered by a Member of the Army, That what if a Charge ſhould be brought againſt him for his life, according to the manner of tryall of the Subjects by the Lawes of the Kingdom, what would he then do, in reference to an anſwer, for preſervation of his Life, Crown, and Priviledge, the King replyed, That if any ſuch Charge of Impeachment ſhould be exhibited againſt him, either by Parliament or Army, he would not give any anſwer thereto, but declare againſt it, to be both Arbytrary and uniawfull; and that if they ſought to depoſe and degrade him of his Titles and Honours, or to ſpill his Royall bloud, by ſeparating his Soule and Body, he was reſolved to ſacrifice his life with patience, and to caſt himſelf in the Armes and Boſome of his ſweet Lord and Saviour, and only Redeemer; to the end, He may dye like a Martyr, in proſecution and defence of Religion and Country. So confident is the King in his wayes. But it is feared, that his great averſneſſe to the peace of this kingdom, will cauſe cauſe much trouble and diſtractions to befall his people.
His Majeſtie is in a very ſecure place in the Caſtle, and ſtrong bolts and guards are for the night about the Chamber, but he will not admit any to lie, or remain in the chamber with him.
He ſaith, that he knowes there is a time for his redemption and that many of his enemies will moulter away, and fall before him; for, in his diſcourſe, he often declares, that he is5 confident that both Scotland and Ireland will help him, and that the Army will divide among themſelves, and be deſtroyed.
Col. Tomlinſon hath the command of this Caſtle, and his Majeſty is not ſuffered to ſtir out, onely walkes ſometimes upon the Territs, he is debarred from the ſpeech of many, and no ſuſpicious perſons are admitted to him: he preſſeth much for D. Hamond to be refident with him, and that Hee may have leave to communicate a Declaratory Meſſage to Holland and France.
Yeſterday his Majeſty deſired a conference with Colonel Tompſon, which was aſſented to, and after ſome diſputation touching the preſent matter of State, his Maj. declared and propoſed ſeverall queſtions touching Maj. Gen. Brown, and the reſt of the impeached members, ſaying, That the ſaid M. G. was a man worthy of honour and truſt, and that he pittyed his caſe, as much as his owne, not doubting, but that ſew dayes would produce their liberty, notwithſtanding their preſent ſufferings for Religion and a good conſcience: his Maj. is oftentimes exceeding high in his expreſſions, and very bitter againſt divers of the Army; but caſts a favourable conſtſuction upon the Lord Generall,
Windſor1 Jan. 1648.
1 That his truſt was to be in God. 2 That his deſire is, that God may have the glory of all. 3 That he hated all baſe and obſcure undertakings. 4 That what would be done concerning his Majeſty would be open, and to the eyes of the world. And proteſted that he himſelf would oppoſe any that ſhould privately offer violence to his perſon. This gave his Majeſty great ſatisfaction, who replyed, that if the6 Army acted beyond his thoughts and expectation, he would proclaime their fame throughout all Europe.
Tueſday Jan: 2. The Commons communicated the Ordinance (for tryall of the King) to the houſe of Peers for their concurrence, which was aſſented to. And for the better confirmation of the preſent tryall, and foundation thereof, and prevention of the like for the future, the Houſe declared, viz. Reſolved, That the Lords and Commons aſſembled in Parliament do declare, and adjudge, That by the fundamentall Laws of this Realm, it is treaſon in the Kings of England for the time to come, to levy Warre againſt the Parliament and Kingdom of England.
A meſſage is ſaid to be ſent from the Parliament, to the ſeverall Counties of the Kingdom of England, concerning the tryall of the King, for ſatisfaction of the people.
The Bill of Attainder runs high, againſt his perſon, charging him with high treaſon: His tryall will be at Weſtminſter, and his Majeſty is expected to be thee on Munday next.
(EEBO-TCP ; phase 2, no. A82666)
Transcribed from: (Early English Books Online ; image set 164845)
Images scanned from microfilm: (Thomason Tracts ; 83:E536[36])
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