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 RESOLVTION OF THE ARMIE Concerning The tryall of the KING, and their Summons to the Prince of Wales and the Duke of York, and a Declaration concerning the Duke of Gloucester.

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, [Page 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 and [Page 3]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.

New Quaeries from the King:

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 is [Page 5]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,

The Declaration of Col. Harrison to the King.

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 the [Page 6]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.


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