Clerk George Fleetwood Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty George Fleetwood My Lord I came in upon his Majestie 's Proclamation Clerk Art thou Guilty or Not guilty George Fleetwood I must Confess I am Guilty And thereupon he delivered a Petition in to the Court which he said was directed To his Majesty and the Parliament and the Court did receive it accordingly Clerk Set him aside Clerk Simon Meyn Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty Sim. Meyn Not guilty I come in upon His Majestie 's Proclamation my Lord. Clerk How wilt thou be Tried Sim. Meyn By God and the Countrey Clerk God send thee a good Deliverance Clerk James Temple Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty James Temple Not guilty Clerk How wilt thou be Tried James Temple By God and the Countrey Clerk God send thee a good Deliverance Clerk Peter Temple Hold up your hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Peter Temple Not guilty Clerk How wilt thou be Tried Peter Temple By God and the Countrey Clerk God send thee a good Deliverance Clerk Thomas Wait Hold up your Hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art Arraigned or Not Guilty Th Wait. I desire to be heard a word or two Court There is a Rule of Law which is set to us and you that in all these Cases you are to plead Guilty or Not guilty When you have Pleaded if Not Guilty you may speak what you will in its proper time Clerk Are you Guilty or Not guilty Th. Wait. I pray let me be heard a word I am very unwilling to spend time knowing you have a great deal of Business I am very unwilling to deprive my self of my Native Right I shall speak nothing but that which is Truth Court Do not Preface then but speak what you would say Th. Wait. My Lord my Case is different from the rest Court Whatsoever the Case he you have no Plea to us but guilty or Not guilty We can go no other way The Law sets our your Plea Th. Wait. My Lord I would speak one word There was a Great Peer of this Nation Indicted at Northampton within these two years for killing a man The Judges there Court You must Plead guilty or Not guiley Pray who are you that should take this upon you more then all the rest You must go the ordinary way guilty or Not guilty Are you guilty or Not guilty We do not intend to prevent any thing you have to say but it must be proper Clerk Are you guilty or Not guilty Th. Wait. I cannot say I am Guilty Court How then Th. Wait. I am Not guilty Clerk How wilt thou be Tried Th. Wait. By God and the Countrey Clerk Good send thee a good Deliverance Clerk Hugh Peters Hold up thy hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Hugh Peters I would not for ten thousand Worlds say I am Guilty I am Not guilty Clerk How will you be Tried Hugh Peters By the Word of God Here the People laughed Court You must say By God and the Countrey Tell him you that stand by him what he should say if he doth not know Clerk How will you be Tried Hugh Peters By God and the Countrey Clerk God send thee a good Deliverance Clerk Dan. Axtel Hold up thy hand What saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Dan. Axtel May it please your Lordship I desire to have the freedom of an English-man that which is my Right by Law and inheritance I have something to offer in point of Law Clerk Art thou Guilty or Not guilty Dan. Axtel My Lords give me leave to speak For the Matter of the Indictment I conceive is upon the King's Death that there is a Commission of Oyer and Terminer for you to sit But in regard it was in pursuance of an Act of Parliament I conceive no Inferiour Court ought to judge of it I desire Councel it being of great and eminent Concernment in Law That ever any Judges or any Inferiour Court should judge of the Powers and Priviledges of a Parliament and I pray that Councel may be assigned me Clerk Are you Guilty or Not guilty Dan. Axtel If the Court over-rule me and I shall not have my Liberty as an English-man Court The Course of Law is this No man can Justifie Treason If the matter which you have to say be Justifiable it is not Treason if Treason it is not Justifiable Therefore you must go to the ordinary course of the Law You must Plead Guilty or Not guilty Dan. Axtel I can produce many Precedents Cour Are you Guilty or Not guilty The Language is put into your Mouth You have no other words to express your self by at this time but Guilty or Not guilty Dan Axtel Judg Heath had Councel assigned him upon the same Case Court That is very strange the same case What was it for killing a King Dan. Axtel If the Court will over-rule me I cannot help it Mr. Solicitour Gen. It may be this Gentleman may be deceived by a Mistake It may be he knows not the Law which your Lordships may be pleased to acquaint him with That to stand Mute in High-Treason is all one as to Confess the Fact and will have the same Sentence and Condemnation upon them as if they had Confessed it Lord Chief Baron Then I 'le tell you the Law He that doth refuse to put himself upon his Legal Trial of God and the Countrey is a Mute in Law and therefore you must Plead Guilty or Not guilty Let his Language be what it will he is a Mute in Law Dan. Axtel I do not refuse it Court Then say Dan. Axtel I am Not guilty Clerk How wilt thou be Tried Dan. Axtel By twelve lawful men according to the Constitutions of the Law Court That is by God and the Countrey Dan. Axtel That is not lawful God is not locally here Clerk How wilt thou be Tried You must say By God and the Countrey Dan. Axtel By God and the Countrey Clerk God send you a good Deliverance Lord Chief Baron Mr. Axtel have you your Papers again Dan. Axtel Yes my Lord. Lord Chief Baron When your Indictment is read the second time when you come to your Trial you may take what Notes you please The Court then Adjourned to the same Place till the next morning seven of the Clock
themselves an Authority to make Laws which was never heard before Authority to make Laws What Laws a Law for an High Court of Justice a Law for lives to sentence mens lives And whose Life the Life of their Sovereign upon such a King who as to them had not only redressed long before at the beginning of the Parliament all Grievances that were and were imaginable taken away the Star-Chnmber High-Commission-Court and about Shipping such a King and after such Concessions that He had made in the Isle of Wight when He had granted so much that was more than the People would have desired When these few Commons not onely without but excluding the rest of the Commons not onely without but excluding the rest but rejecting the Lords too that then sat when these few Commons shall take upon them this Authority and by colour of this their King Soveraign Liege Lord shall be sentenced put to Death and that put to Death even as their King and sentenced as their King put to Death as their King and this before His own Door even before that Place where He used in Royal Majesty to hear Embassadors to have His Honourable Entertainments that this King shall be thus put to Death at Noon-day it is such an Aggravation of Villany that truly I cannot tell what to say No story that ever was I do not think any Romance any Fabulous Tragedy can produce the like Gentlemen If any Person shall now come and shroud himself under this pretended Authority or such a pretended Authority you must know that this is so far from an Excuse that it is an Height of Aggravation The Court of Common-Pleas is the Common Shop for Justice in that Court an appeal is brought for Murther which ought to have been in the King's Bench the Court gives Judgment the Party is condemned and executed in this Case it is Murther in them that executed because they had no lawful Authority I speak this to you to shew you that no man can shroud himself by colour of any such false or pretended Authority I have but one thing more to add to you upon this head and that is which I should have said at first If two or more do compass or Imagine the King's Death if some of them go on so far as to Consullation if others of them go further they sentence and execute put to Death in this Case they are all Guilty the first Consultation was Treason I have no more to add but one Particular a few Words As you will have Bills presented against those for Compassing Imagining Adjudging the King so possibly you may have Bils presented against some of those for Levying War against the King Levying of War which is another Branch of the State of 25th of Edward the Third It was but Declarative of the Common Law it was no new Law By that Law it was treason to Levy War against the King But to levy War against the Kings Authority you must know is Treason too If men will take up Armes upon any Publick pretence if it be to expulse Aliens if but to pull out Privy Councellours if it be but against any Particular Laws to reform Religion to pull down Enclosures in all these cases If Persons have assembled themselves in a Warlike manner to do any of these Acts this is Treason and within that Branch of Levying War against the King This was adjudged in the late Kings Time in Berstead's case Queen Elizabeth's Henry the Eighth's former Times King Jame's Time much more 〈◊〉 men will go not onely to Levy War against the King but against the Laws all the Laws subvert all the Laws to set up new Laws Models of their own If any of these cases come to be presented to you you know what the Laws are To conclude you are now to enquire of Blood of Royal Blood of Sacred Blood Blood like that of the Saints under the Altar crying Quousque Domine How long Lord c. This Blood crys for Vengeance and it will not be appeased without a Bloody Sacrifice Remember but this and I have done I shall not press you upon your Oaths you are Persons of Honour you all know the Obligation of an Oath This I will say that he that conceals or favours the guilt of Blood takes it upon himself wilfully knowingly takes it upon himself And we know that when the Jews said Let his blood be on us and our seed it continued to them and their Posterity to this day God save the King Amen Amen His Lordships Speech being ended Thomas Lee of the Middle-Temple London Gentleman was called to give in the Names of his Witnesses The names of the Witnesses then and there sworn follow William Clark Esq James Nutley Esq Mr. George Masterson Clerk George Farringdon Hercules Huncks Dr. William King Martin Foster John Baker Stephen Kirk Richard Nunnelly John Powel John Throckmorton John Blackwel Ralph Hardwick Thomas Walkley Gentleman Holland Simpson Benjamin Francis Colonel Matthew Thomlinson Griffith Bodurdo Esq Samuel Boardman Robert Carr Esq Richard Young Sir Purbock Temple John Rushworth Esq John Gerrard John Hearn Mr. Coitmore Mr. Cunningham Mr. Clench Willinm Jessop Esq Edward Austin Darnel Esq Mr. Brown Thomas Tongue John Bowler Mr. Sharp Mr. Lee. Robert Ewer John King Edward Folley Mr. Gouge Anthony Mildmay Esq The Grand Jury returned the Indictment Billa Vera. Court adjourned to the Old-Bailey 10th of October The 10. of October 1660. SIR John Robinson Knight Lieutenant of his Majesties Tower of London according to his Warrant received delivered to Mr. Sheriff the Prisoners hereafter named who were in several Coaches with a strong Guard of Horse and Foot conveyed to Newgate and about nine of the Clock in the Morning delivered to the Keepers of that Prison and thence brought to the Sessions-house in the Old-Baily London where the Commissioners of Oyer and Terminer were in Court assembled and where their Indictment was publickly read by Edward Shelton Esq Clerk of the Crown Sessions-House in the Old-Baily 10. October 1660. THE Court being Assembled and Silence commanded the Commission of Oyer and Terminer was again read After which Sir Hardress Waller Collonel Thomas Harrison and Mr. William Heveningham were brought to the Bar and commanded to hold up their Hands which Sir Hardress Waller and Mr. Heveningham did but Harrison being commanded to hold up his Hand answered I am here and said My Lord if you please I will speak a Word Court Hold up your hand and you shall be heard in duetime Mr. Harrison the course is That you must hold up your hand first And then he held up his hand The Indictment was read purporting That He together with others not having the fear of God before his Eyes and being instigated by the Devil did Maliciously Treasonably and Feloniously contrary to his due Allegiance and bounden Duty sit upon and condemn our late Soveraign Lord King Charles the First of ever Blessed Memory and also did upon
Harrison Will you give me your Advice Court We do give you Advice The Advice is there is no other Plea but guilty or Not guilty You shall be heard when you have put your self upon your Trial. Clerk Are you guilty or Not guilty Tho. Harrison You do deny me Councel then I do plead Not guilty Clerk You plead Not guilty Is this your Plea Th. Harrison Yes Clerk How will you be tried Th. Harrison I will be tryed according to the Laws of the Lord Clerk Whether by God and the Countrey Lord chief Baron Now I must tell you if you do not put your self upon your Countrey you have said nothing Clerk How will you be tried Th. Harrison It is to put my self upon what you please to put me upon Court If you understand you are not every man you are versed in Proceedings of Law you know you must put your self upon the Trial of God and your Countrey if you do not it is as good as if you had said nothing Th. Harrison You have been misinformed of me Court You have pleaded Not guilty That which remains is you must be tried by God and the Countrey otherwise we must record your standing Mute Clerk How will you be Tried Th. Harrison I will be tried according to the ordinary course Clerk Whether by God and the Countrey You must speak the Words Th. Harrison They are vain words Court We have given you a great deal of Liberty and Scope which is not usual It is the course and proceedings of Law if you will be tried you must put your self upon God and the Countrey Clerk How will you be tried Th. Harrison I do offer my self to be tried in your own way by God and my Countrey Clerk God send you a good deliverance Clerk William Heveningham hold up your hand How sayest thou Art thou Guilty of the Treason whereof thou standest indicted and art now arrraigned or Not guilty Will. Heveningham Not guilty Clerk How will you be tried Will. Heveningham By God and the Countrey Clerk God send you a good deliverance Sir Hard. Waller then presented his Petition to the Court directed To the King's Majesty and the Parliament which was received but not at this Court read And then the three Persons aforesaid were dismissed Clerk Bring to the Bar Isaac Pennington Esq Henry Marten Esque Gilbert Millington Gentleman Robert Tichbourn Esq Owen Roe Esq and Robert Lilburn Gentleman Who were called and appeared at the Bar and being commanded severally held up their hands The Indictment was read again as to the former Persons Clerk Isaac Pennington Hold up thy hand How sayest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Isaac Pennington Not guilty my Lord. Clerk How will you be tryed Isaac Pennington By God and the Countrey Clerk God send you a good deliverance Clerk Henry Marten How sayest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Hen. Marten I desire the benefit of the Act of Oblivion Clerk Are you guilty or Not guilty Court You are to understand the Law is this the same to you and every one You are to plead Guilty or Not guilty If you will demand the benefit of the Act of Oblivion it is a confession of being Guilty Hen. Marten I humbly conceive the Act of Indempnity Court You must plead Guilty or Not guilty Hen. Marten If I plead I lose the benefit of that Act. Court You are totally excepted out of the Act. Hen. Marten If it were so I would plead My name is not in that Act. Court Henry Martin is there Mr. Sollicitor Gen. Surely he hath been kept close Prisoner indeed if he hath not seen the Act of Indemnity Shew it him Mr. Shelton opening the Act. Court How is it written Clerk It is Henry Martin And then the Act was shewed to the said Mr. Marten Hen. Marten Henry Martin My name is not so it is Harry Marten Court The difference of the Sound is very little You are known by that Name of Martin Hen. Marten I humbly conceive all Penal Statutes ought to be understood Literally Clerk Are you Guilty or Not guilty Hen. Marten I am not Henry Martin Clerk Are you guilty or Not guilty Court Be advised The effect of this Plea will be Judgment Here Mr Sollicitor Gen. cited somewhat Parallel to this in a Case formerly of Baxter where the Name was Bagster with an S and adjudged all one being of the same sound Clerk Are you guilty or Not guilty Hen. Marten My Lord I desire Council There will arise Matter of Law as well as Fact Court You are Indicted for Treason for a Malicious Trayterous compassing and Imagining the King's Death If you have any thing of Justification plead Not guilty and you shall be heard for if it be Justifiable it is not Treason The Rule is Either you must plead Guilty and so confess or Not guilty and put your self upon your Trial there is no Medium Hen. Marten May I give any thing in Evidence before Verdict Court Yes upon your Trial you may give any thing in Evidence that the Law warrants to be lawful Evidence Clerk Are you Guilty or Not guilty Court Understand one thing because I would not have you mistaken you cannot give in Evidence the Misnomer but any thing to the matter of Fact Hen. Marten I submit and plead Not guilty Clerk How will you be tried Hen. Marten By God and the Countrey Clerk God send you a good deliverance Clerk Gilbert Millington Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest indicted and art now arraigned or Not guilty Gilb. Millington My Lord I am an ancient man and deaf I humbly crave your Lordships pardon to hear me a few words I will promise it shall be pertinent enough Mr. Sol. Gen. Impertinent enough he means Court You must plead either Guilty and so confess it or Not guilty and then you shall be heard any thing for your justification Clerk And you Guilty or Not guilty Gilb. Millington I desire I may Court There is nothing you can say but Guilty or Not guilty All other Discourses turn upon your self Clerk And you Guilty or Not guilty Gilb. Millington You might enlighten me in some scruples Does my pause trouble you much I should not be long Court Your particelar case cannot differ from others Clerk Are you Guilty or Not guilty Gilb. Millington There are some things in the Indictment that I can say Not Guilty to There are others that I must deal ingenuously and confess them Clerk Are you Guilty in Manner and Form as you are indicted or Not guilty Gilb. Millington Not guilty Clerk How will you be tried Gilb. Millington By God and the Countrey Clerk God send you a good deliverance Clerk Robert Tichbourn Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest indicted
and art now arraigned or Not guilty Tichbourn My Lord I have been a very close Prisoner without any advice I am altogether unable in Law to speak Court You know the Course hath been delivered to you by others I will not trouble you with it It is neither long nor short the Law requires your answer Guilty or not guilty Tichbourn Spare me but one Word If upon the Trial there shall appear to be matter of Law shall I have the liberty of Councel for it if I shall be put in my own Case to plead matter of Law against those noble Persons who plead on the other part I shall but prejudice my self and therefore I crave Councel Court You must Plead Guilty or Not guilty Tichbourn I have no Reason nor Design to desplease you I am sure I am no waies able to plead with equalness in Point of Law with those Noble Gentlemen To the Matter of Fact this is my Plea in Manner and Form that I stand Indicted I am Not guilty Clerk How will you be Tried Tichbourn By God and the Countrey Clerk God send thee a good Deliverance Clerk Owen Roe Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Owen Roe My Lord there hath been so much said already by others I think I need say no more In Manner and Form as I am now Indicted I Plead Not gulty Clerk How will you be Tried Owen Roe By God and the Countrey Clerk God send you a good Deliverance Clerk Robert Lilburn Hold up your Hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Robert Lilburn I desire in regard that being so close a Prisoner for twenty daies that no body ha's been suffered to advise with me Lord Chief Baron I must interrupt you You must not mispend the time Understand the Law You must Plead guilty or Not guilty Rob. Lilburn Will you give me leave to desire Councel before I Plead to advise me touching my Plea Clerk Are you Guilty or Not guilty Rob. Lilburn I desire Councel Court Take heed if that be your Answer You desire Councel and do not Plead and that be Recorded Judgment will pass against you There is nothing to Plead but Guilty or Not guilty If Not guilty what you have to say will be heard Rob. Lilburn If you over-rule me I must submit Court Do not let such Language fall from you it is improper The Law gives us a Rule The Prisoner must Plead Guilty or Not guilty Rob. Lilburn I say then in Manner and Form as I am Indicted I am Not guilty Clerk How will you be Tried Rob. Lilburn By God and the Countrey Clerk God send you a good Deliverance Clerk Bring to the Bar Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement and John Cook Who were brought accordingly and being commanded severally held up their hands at the Bar. The Indictment was read to the Persons at the Bar as before Clerk Adrian Scroop Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Adr. Scroop My Lord Not guilty Clerk How will you be Tried Adr. Scroop By God and the Countrey Clerk God send thee a good Deliverance Clerk John Carew Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and art now arraigned or Not guilty John Carew There is some special matter in that Indictment that ought not to be before Court Are you guilty or Not guilty John Carew Saving to our Lord Jesus Christ his Right to the Government of these Kingdoms Clerk Are you Guilty or Not guilty John Carew I say I am Not guilty Clerk How will you be Tried John Carew How would you have me Clerk Will you be Tried by God and the Countrey John Carew I if you will Clerk You must say the words How will you be Tried John Carew By God and the Countrey Clerk God send you a good Deliverance Clerk John Jones Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Jones Not Guilty my Lord. Clerk How will you be Tried John Jones By God and the Countrey Clerk God send you a good Deliverance Clerk Thomas Scot Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Th. Scot. Truly I cannot call it Treason and therefore I Plead Not guilty Clerk How will you be Tried Th. Scot. By God and the Countrey Clerk God send you a good Deliverance Clerk Gregory Clement Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Greg. Clement My Lord I cannot excuse my self in many Particulars but as to my Indictment as there it is I Plead Not Guilty Clerk How will you be Tried Greg. Clement By God and the Countrey Clerk God send you a good Deliverance Clerk John Cook Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Cook I humbly conceive that this is now time to move for Councel for matter of Law Court You know too well the manner of the Court. Are you Guilty or Not guilty John Cook Not guilty Clerk How will you be Tried John Cook By God and the Countrey Clerk God send you a good Deliverance Clerk Bring Edmund Harvey Heary Smith John Downs Vincent Potter and Augustine Garland to the Bar. Who were brought accordingly and being commanded severally held up their Hands The Indictment was read to them Clerk Edmund Harvey Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Edmund Harvey Not guilty my Lord. Clerk How will you be Tried Edmund Harvey By God and the Countrey Clerk God send you a good Deliverance Clerk Henry Smith Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and for which thou art now Arraigned or Not guilty Henry Smith Not guilty my Lord. Clerk How will you be Tried Henry Smith By God and the Countrey Clerk God send you a good Deliverance John Downs Vincent Potter Augustine Garland upon the Question presently pleaded Not guilty and put themselves on God and the Countrey to be Tried Clerk Set to the Bar George Fleetwood Simon Meyn James Temple Peter Temple Thomas Wait Hugh Peters Francis Hacker and Daniel Axtel Who being at the Bar held up their Hands according to Order afterward the Clerk read the Indictment against the said Persons Which being ended he proceeded in this manner
October 11th 1660. The Court being Assembled the Keeper was commanded to set the Prisoners to the Bar. Thomas Harrison Adrian Scroop John Carew John Jones Gregory Clement Thomas Scot were brought to the Bar accordingly After which Silence was Commanded Court You that are Prisoners at the Bar if you or any of you desire Pen Ink and Paper you shall have it and if you or any of you will Challenge any of the Jury you may when they come to be Sworn and that before they are Sworn Sir Thomas Allen being called was desired to look on the Prisoner and lay his Hand on the Book his Oath was then read to him viz. You shall well and truly try and true deliverance make between Our Sovereign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence So help you God Sir Joshua Ash being next called Mr. Scroop excepted against him Sir Jeremy Whichcot Baronet being next to be Sworn Mr. Harrison excepted against him James Halley Esquire being next to be Sworn Mr. Scot excepted against him Court If you will not agree speaking to the Prisoners in your Challenges we must be forced to Try you severally Henry Mildmay Esq being called next Mr. Scroop excepted against him Court We must needs Try them severally therefore set them all aside but Harrison Court Gentlemen you that are excepted must not depart the Court. Sir Joshua Ash being again called was excepted against by Mr. Harrison Sir Jeremy Whichot Baronet James Halley Esq Henry Mildmay Esq Christopher Abdy Esq Being called again were severally excepted against by the Prisoner Court Mr. Harrison You know the Law You must say I Challenge him Mr. Harrison I shall Sir Ralph Hartley being next called and being very sick humbly prayed to be excused by the Court which was granted Arthur Newman was called next Mr Harrison May I not ask of what Quality he is Court No Sir You are to Challenge him or not to Challenge him Mr. Harrison I Challenge him Thomas Blith was next called and also Challenged Here the People seemed to laugh Mr. Harrison My Lord I must make use of my Liberty in this Case Court God forbid Then Grover Robert Clark and Richard Whalley were called and by Mr. Harrison Challenged Court Mr. Harrison you know many to Challenge If you go beyond the Number at your own peril be it Mr. Harrison My Lord pray tell me what it is Court You say very well God forbid but you should know You may Challenge five and thirty Peremptorily If you go beyond you know the Danger Mr. Harrison My Lord I do not this to keep you off from the Business William Vincent and Henry Twiford were then called and Challenged John Lisle was next called Mr. Harrison I do not know him Mr. Lisle Nor I you Mr. Harrison He was Sworn Thomas Franklin Sworn Thomas Winter Challenged Richard Nichol Sworn Moyce being sick prayed Excuse which was granted accordingly Richard Cheyney Challenged Allen Parsons Challenged Henry Edlin called Mr. Harrison I Challenge him Mr. Harrison Let him be Sworn Court No No. Whereupon he was set aside Mr. Harrison If I have any Apprehension or knowledg of them that 's the thing that leads me to it as touching this man he may be Sworn Court When he is Challenged he cannot be recalled Mr. Harrison I am content Samuel Greenhill Sworn Thomas Bide Challenged John Page Challenged Richard Rider Challenged Mr. Harrison Lest I may run into an Hazard in making use of that Liberty which the Law gives me in this Case and having not taken Notice of any Perfons Challenged I mean as to the Number I desire your Officer that takes Notice may acquaint me with the Number Court You shall know it God forbid the contrary Edward Rolph was called next Mr. Harrison Mr. Rolph is his Name Let him be sworn Sworn Francis Beal Challenged John Kirk Challenged Charles Pitfield Challenged John Smith Challenged Bell Sworn Edward Franklin Challenged William Whitcomb Challenged Samuel Harris Sworn John Collins Challenged Thomas Snow Sworn William Blunt Challenged George Rigth Challenged John Nichol of Finchley Sworn Timothy Taylor Challenged Thomas Fruin Challenged Richard Abel Challenged Thomas Morris Sworn Ambrose Scudamore Challenged Ralph Halsel Challenged George Tirry Challenged Court You have Challenged Thirty three already Mr. Harrison I pray the Names may be read to me to see if it be so Court When you come to Thirty five you shall have the Names read John Galliard Challenged Thomas Swallow Challenged Court Now read their Names to him Which were read accordingly In all thirty five Challenged George Pickering was next called and Sworn Then they were called over who were admitted viz. Sir Thomas Allen John Lisle Thomas Francklin Richard Nichol Samuel Greenhil Edward Rolph Bell Samuel Harris Thomas Snow John Nichol Thomas Morris George Pickering and Sworn Proclamation was then made If any man can inform my Lords the King 's Justices the King ' s Serjeant or the King's Attorney before this Inquest be taken let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all those bound by Recognizance to appear let them come forth and give their Evidence or else to forfeit their Recognizance George Masterson James Nutley Robert Coytmore Holland Simson and William Jessop Witnesse were called Court Gentlemen that are not of the Jury Pray clear the Passage The Prisoner is here for Life and Death let him have Liberty to see the Jury Clerk Thomas Harrison Hold up thy Hand Clerk Look upon the Prisoner you that are Sworn You shall understand that the Prisoner at the Bar stands Indicted by the Name of Thomas Harrison late of Westminster in the Country of Middlesex Gentleman for that He together with John Lisle c. Here the Indictment was read upon which Indictment be hath been Arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether he be Guilty of the High Treason in Manner and Form as he stands Indicted or Not guilty If you find that he is guilty you shall enquire what Goods and Chattels he had at the time of committing the said Treason or at any time sithence If you find that he is Not guilty you shall enquire whether he did fly for it if you find that he fled for it you shall enquire of his Goods and Chattels as if you had found him Guilty if you find that he is Not guilty nor that he did fly you shall say so and no more And take heed to your Evidence Mr. Keeling Enforced the Charge at large After whom Sir Henneage Finch His Majesties Solicitour General in these words MAY it please Your Lordships we bring before your Lordships into Judgment this day the Murtherers of a King A man would think the Laws of God and Men had so fully secured
the Hand-writing of the Prisoner at the Bar The Instrument being shewed him Mr. Farrington I did not see him write it my Lords but I believe it to be his for I have often seen his Hand-writing It is his hand so far as possibly a man can know any Person 's hand that did not see him write Mr. Harrison I desire to see the Instrument Which being shew'd to him he said I believe it is my own Hand Councel That 's the Warrant for summoning that Court that he owns his hand too Court Shew him the other Instrument That being for Execution of the Sentence Mr. Harrison it being shew'd him I do think this is my hand too Councel If you think it the Jury will not doubt it That 's the Bloody Warrant for Execution And we desire they may be both read Mr. Harrison My Lords do these Learned Gentlemen offer these as being any Records Councel No but as your own hand-writing Mr. Harrison If you do not read it as a Record I hope your Lordships will not admit of any thing of that kind against me Councel He knows that a Letter under his hand and Seal may be read in a Court We do not offer it as a Record but prove it by Witnesses that it is your hand-writing Court You have Confessed these to be your hands Whether they are Records or no whether Papers or Letters they may be read against you You signed the Warrant for Convening together those which you called The High Court of Justice and you signed the other Warrant for putting the King to Death You do Confess these two things We do not see what further Use may be made of them Court You might observe how the Indictment was for the Imagining Compassing and Contriving the King's Death To prove that there must be some Overt-Act and a Letter under the Partie's Hand is a sufficient Overt-Act to prove such Imagination to that end these are used Mr. Harrison I do not come to be denying any thing that in my own Judgment and Conscience I have done or Committed but rather to be bringing it forth to the Light Court Sir you must understand this by the way this you must take along with you That these are read not as any thing of Authority in themselves or as used to any other purpose but as an Evidence of the Fact against you Take that along with you The two Bloody Warrants for Trial and for Execution of His Majesty were here read the later of which is as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England Jan. 29. 1648. 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 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 White-hall upon the marrow being the 30th day of this instant Moneth of January between the hours of ten in the Morning and five 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 and Souldiers and other the good People of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Hunks and Lieutenant-Colonel Phayre and every of them Given under our Hands and Seals Sealed and subscribed BY John Bradshaw Lord President Jo. Hewson Per. Pelham Thomas Grey Oliver Cromwel Edward Whalley John Okey Jo. Danvers Mich. Livesey Jo. Bourchier Hen. Ireton Thomas Maleverer Jo. Blakestone Jo. Hutchinson Will. Goff Thomas Pride Hen. Smith Peter Temple Tho. Harrison Isaac Ewer Val. Wanton Simon Meyn Tho. Horton Jo. Jones Jo. Moor. Hardress Waller Gilbert Millington Geo. Fleetwood Jo. Alured Rob. Lilburn Wil. Say Rich. Dean Rob. Tichbourn Hum. Edwards Dan. Blagrave Owen Roe Will. Puefroy Adrian Scroop James Temple Aug. Garland Edmond Ludlow Hen. Marten Vincent Potter Will. Constable Rich. Ingoldsby Will. Cawley Joh. Barkstead Anth. Stapeley Greg. Norton Tho. Challoner Tho. Wogan Jo. Ven. Greg. Clement Jo. Downs Tho. Wayt. Tho. Scot. Jo. Carew Miles Corbet Mr. Wyndham Gentlemen of the Jury We have done our Evidence and you must know Gentlemen that the principal Point of the Indictment is for Compassing Imagining and Contriving the Death of his late Majesty of Glorious Memory There lies the Treason So saies the Statute of the 25th Ed. 3d. It hath nothing of Killing the King there but of Imagining and Compassing the Death of the King The going about it that 's the Treason as hath been learnedly opened to you The rest are but Overt-Acts If there be such an Imagination or Compassing the Death of the King once declared though no fruit at all follow it is Treason Here certainly you have a very full Evidence given We shew you a Consultation this is one Overt-Act which would do the work if there were nothing else I must tell you and that with Submission to my Lords the Justices if they had advised and gone no further that had been Treason in the Letter of the Law They Convened and met together and suppose then they had absolved and acquitted him do you think they had absolved themselves from Treason With reverence be it spoken if they had acquitted him they had been guilty of Treason Assuming a Power to put the King to Death is an Overt-Act declaring such an Imagination You see this Prisoner was no ordinary Actour in it his Hand is in at all Games Taking of Him Imprisoning of Him bringing Him to London and setting Guards on Him You see also his Malice Let us Blacken Him for they knew His Innocency would Shine forth unless it was blackened by their Imputations He Sate many times as your hear and Sentenced Him and Assented to that Sentence by standing up and likewise by Concluding the Catastrophe of that sad beginning of Sufferings his making a Warrant for his Execution and accordingly you know what did follow I think a clearer Evidence of a Fact can never be given then is for these things Here the Spectatours Hummed Lord Chief Baron Gentlemen This Humming is not at all becoming the Gravity of this Court. Let there be free-speaking by the Prisoner and Counsel It is more fitting for a Stage-Play then for a Court of Justice Mr. Harrison It is now time my Lords to offer what I have to say Have these Learned Gentlemen offered what they will say Councel We have no more till he hath given us occasion not for Evidence of the Fact Mr. Harrison My Lords The matter that hath been offered to you as it was touched was not a thing done in a Corner I believe the sound of it hath been in most Nations I believe the Hearts of some have felt the
have to say my Lords L. C. Bar. You Gentlemen that are sworn of this Jury you see the Prisoner Mr. Scroop hath been indicted for imagining and contriving the death of his late Majesty of blessed memory King Charles the first You see there are several things in this Indictment the charge is the Imagining and compassing the death of the King In the Indictment there are several matters of fact to prove this Imagination The Imagination is the Treason the matters of fact to prove it are but the evidences of that imagination if any one of them be proved to you it is sufficient the one is consulting and meeting together how to put him to death the other Sitting and Assuming Authority to bring him to Tryal Then you have a Sentence by the Court to put the King to Death thereupon Afterwards he was put to Death Any one of these matters are Evidence enough for you to prove the Indictment for though the Indictment concludes that so they did Imagine and Compass the Death of the King and that the King was put to Death in manner and form as aforesaid the manner and form aforesaid goes to this To the imagination of the Heart for the Law did not think any one would put the King to death they thought it so a Crime they thought it not convenient to bring it into the Statute But the Compassing and Imagining the Death of the King is made Treason Then to apply it this Fact to the Gentlemen it appears to you here by the proofs against him Here is Mr. Masterson he swears he saw him sit in that pretended Court there was your Evidence of the first the first was their Meeting together and of the second too They did Assume Authority upon them and he swears further to the Sentencing That the Prisoner was there Here were the Three Overt-Acts all proved He confesses he did sign the Warrant for putting the King to Death This without any Witness at all was a sufficient proof a Proof of proofs The other Witnesses you hear what they say you hear Mr. Kirk M. Clark M. Nutley swear all to his Sitting there It is true when this comes to the particulars where he sate you must remember it was Twelve Years ago when a man sees a mixt number of about Eighty Persons it is impossible a man should be able to answer this particular after Twelve years where such a one sate but you may see by his Sentencing what he did They all witness they saw him positively and one tells you He wondered he saw him there and indeed it might be a wonder for Mr. Scroop to give him his right was not a Person as some of the rest but he was unhappily ingaged in that Bloody Business I hope mistakenly but when it comes to so high a Crime as this men must not excuse themselves by ignorance or misguided Conscience As to God for this Horrid Murther of the King somewhat may be but there is no Excuse or Extenuation before Man there may be I say before the Lord. You see the Proof is full against this Gentleman as full as may be Witnesses saw him Sit and he himself confessed he signed the Warrants I have no more to say to you but Gentlemen you see what it is I think for matter of Fact you need not go from the Bar but I leave it to you Scroop My Lord Lord Chief Baron Mr. Scroop If you have any thing to say when the Jury have brought in their Verdict if you will say any thing for matter of Mercy the Court will hear you Scroop I thank your Lordship The Jury went together and presently settled themselves in their places Clerk A. Scr. Hold up thy hand Look upon the Prisoner How say you Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or not guilty Jury Guilty Clerk What Goods and Chattels c. Jury None that we know L. Chief Bar. If you will say any thing the Court will hear you Scroop I have no more My Lord but refer my self to this Honourable Court. Clerk Set John Carew Tho. Scot John Jones and Gregory Clement to the Bar who were set accordingly And being Commanded they severally held up their hands Clerk These men that were last called c. Sir Tho. Allen Lay your hand on the Book Look c. Carew I Challenge him L. C. Bar. Are you all agreed as to your Challenges Pris No my Lord. L. C. Bar. Then we must do as before sever you and go to Tryal severally Take the Three away and let Mr. Carew stand at the Bar. Challenged Charles Pitfield Wille Will. Smiths Rich. Rider Edward Rolph James Shercroft Tho. Vffman Francis Beal Will Whitcombe Samuel Harris Jo. Nicol of Finchley George Rigth Tho. Fruen Ab. Newman Tho. Blithe Will. Vincent James Hawley Chr. Abdy Tho. Bide John Smith Abr. Scudamore Ralph Halsel John Galliard In all 23. Jury Sworn Robert Clarke Thomas Grover Rich. Whaley Sam. Greenhil Nicholas Raynton Tho. Winter Rich. Cheney John Kerk Rich. Abel Thomas Morris George Tirrey Thomas Swallow In all 12. If any man can inform my Lords the King's Justices c. Cler. John Carew hold up thy hand You that are sworn look upon the prisoner You shall understand c. Sir Edw. Turner May it please your Lordships our Hue and Cry still proceeds against the Murtherers of our late Sovereign Lord King Charles the First of blessed memory and this Gentleman the prisoner at the Bar is apprehended as one among others for shedding that pretious blood Gentlemen of the Jury he stands indicted before you For that he I cannot express it better not having the fear of God before his eyes but being seduced by the instigation of the Devil he did imagin and compass the death of his said late Majesty In prosecution of this Gentlemen there be several things that are mentioned in the Indictment which are the open acts to discover to you these secret and private imaginations He did meet and consult with divers persons touching the death of the King that did usurp and take upon them to exercise a Power and Jurisdiction to try the King and finally most horribly put him to death The Treason by the Statute of 25 Edw. 3. and which you are to enquire of is the imagination and compassing the death of the King the rest of the Indictment are but particulars to prove that he did so imagine and compass the death of the King If we shall prove these or any of these facts you have then sufficient to convict them There was a thing they called a High Court of Justice that was set up wherein they did intend to try our late Sovereign Lord and a precept made and that under the hand and seal of the prisoner at the Bar amongst others for summoning and convening that bloody Court where among the rest of the Miscreants the prisoner at the Bar did sit and had confidence nay impudence
to pronounce Judgment against his Soveraign In this he rested not but he among them set his Hand and Seal to that bloody Roll or Warrant for putting him to death which accordingly was done and to these several open acts we shall call out Witnesses and so proceed M. Masterson M. Clark and M. Kirk sworn Coun. M. Masterson look upon the prisoner did you see him sit in that they called the High Court of Justice Lord Chief Baron Mr. Carew if you will have pen ink and paper you may have it pray call for it Carew I have no need of it Coun. Mr. Masterson did you see c. Ma. My Lords and Gentlemen of the Jury I was present at that Assembly which they called the High Court of Justice for Tryal of the King upon the 22 23 and 27th days of Jan. 1648. and there I saw the King stand a Prisoner at the Bar. I saw this Gentleman the Prisoner at the Bar sit upon the Bench in that Court as one of his Majesties Judges particularly upon the 27th day of Jan. which was the day of Sentence I saw him sitting there Coun. Mr. Clark You hear the Question Do you remember that you saw the Prisoner at the Bar sitting in that which they called the High Court of Justice Mr. Clark I remember I saw the Prisoner at the Bar sitting in that which they called the High Court of Justice for the Trial of the late King and particularly I took notice upon the 23. and 27th of Jan. 1648. that he was present Coun. What was done upon that 27th day Mr. Clark The 27th day the late King was sentenced to death Jury What is your Name Sir Coun. His Name is William Clark Coun. Mr. Kirk What say you to the former Question touching the Prisoner his being at that which they called the High Court of Justice Mr. Kirk My Lords and Gentlemen of the Jury I was present at the Tryal of his late Majesty of blessed memory I saw that Gentleman the Prisoner at the Bar several days there particularly the day of the Sentence which was the 27th day of Jan. 1648. when the Sentence was passed he rose up assenting to it Then the Warrant for summoning that pretended Court was shewed to Mr. Kirk Coun. Do you believe that Hand to be the Hand of Mr. Jo. Carew Prisoner at the Bar Kirk My Lords I do believe it to be his Hand I have seen his Hand to several Orders and being very well acquainted with his Hand-writing I believe it to be his Hand as much as any Man can possibly know another man's Hand Then the Warrant for Execution of the King was likewise shewn him Coun. Is that the Hand also of the Prisoner at the Bar Kirk It is the same Hand my Lord. Court Was Mr. Carew a Member of the Long Parliament K. Yes My Lord. Coun. Had you occasion to be acquainted with his hand K. My Lord I have seen him set his hand several times to Orders and other Papers Mr. Farrington sworn Coun. Do you know the Warrants being shewn him those hands to be the writing of the Prisoner at the Bar Far. My Lords really I believe these are his hands Court Are you acquainted with his hand Far. Yes My Lord and I do believe these to be his hand-writing I did not see him write them but so far as possibly a man can know anothers writing I do believe these to be his Court If you will ask to see them you may see them Mr. Carew Ca. Please you to go on Here they were both read Coun. May it please your Lordships we shall not need to trouble the Jury any further we have proved that the Prisoner did sign that Warrant for summoning that Court of Injustice that he sate there and sentenced the King to death among other and that he signed the Warrant for execution L. Chief Baron M. Carew you have heard the evidence you may please to speak what you think fit for your self Ca. My Lords the crimes that are here laid to my charge in this Indictment are Treason and Murther L. Chief Baron I would not have you to be mis-informed it is Treason onely but it carries the other in with it Murther Ca. Because you say it carries the other inclusively L. Chief Baron It doth the charge is the compassing and imagining the death of the King the other is but evidence Ca. Then the thing that I stand upon before the Lord and before you all I say before the Lord before whom we must all stand and give an account of this action which is a very great and weighty one And whereas it is charged there for I shall not trouble you with many words as to the particulars or as to the proofs but I shall ingeniously acknowledg what the truth is and how far I can believe it and therefore I say as to the beginning of what was charg'd by the Council and according to the course of the Indictment that what was done in those things that it was not having the fear of God before mine eyes but being moved by the Devil and that it was done with a Trayterous Malicious and Devilish heart and all those things mentioned in the Indictment As for that I can say in the presence of the Lord who is the searcher of all hearts that what I did was in his fear and I did it in obedience to his holy and righteous Laws Here the people hum'd L. Chief Bar. Go on he stands for his Life let him have liberty Ca. It is part of my charge not to have the fear of God c. I did such and such things I hope I may have liberty L. Chief Bar. Go on you shall not be interrupted Ca. I say that I did it in the fear of the Lord and I will begin with that and confess ingeniously the truth of it When this came into question there was an Ordinance brought in to try the King where my name was not as one of the Judges There was another afterwards an Act which I shall mention upon what ground by and by what that was and that Act was brought in and committed and names brought in and my Name was not brought in and so afterwards my name was put in and seeing it I did strike it out After the Committee was up I told them I did desire to be excused in such a business I have told you how wherein and the ground that I did it which I shall leave with the Lord in whose hand your and my breath and all our breaths are and therefore when it was so I did because of the weight of it as being a very great and special thing and so I was very unwilling because of there being enow which I thought had more experience every way for so great a concernment as that was to be imployed rather then I yet being satisfied with that Authority that did it This is to shew you how that I had the fear
demand that wicked Judgment before the Court pronounced it and he was the man that did against his own Conscience after he had acknowledged that he was a wise and gracious King yet says he That he must dye and Monarchy with him there in truth was the Treason and the cause of that fatal blow that fell upon the King This was his part to carry on how he did it as a wicked Counsellor we shall prove to you and the wages and reward of the Iniquity that he did receive James Nutley Sworn Councel Pray tell the Circumstances of the Prisoners Proceedings at Westminster Hall when he did exhibite a Charge against the King Mr. Nutley My Lords the first day of bringing his Majesty to his Tryal was Saturday Jan. 20. 1648. Before they sate in publick they that were of the Committee of that which they called the High Court of Justice did meet in the Painted Chamber which was in the forenoon of that day Being there I did observe that there was one Price a Scrivener that was writing of a Charge I stood at a great distance and saw him write and I saw this Gentleman the Prisoner at the Bar near thereabouts where it was writing I think it was at the Court of Wards This charge afterwards a Parchment writing I did see in the hands of this Gentleman the Prisoner at the Bar. A very little after that they called their names they did adjourn from the Painted Chamber into Westminster Hall the great Hall The Method that they observed the first thing was to call the Commissioners by name in the Act the pretended Act for trying the King was read that is when the Court was sat the Commissioners were called by their names and as I remember they stood up as their names were called The next thing was reading the Act for the trying of his late Majesty After that was read then this Gentleman the Prisoner at the Bar presented the Parchment Writing which was called the Impeachment or Charge against his Majesty Mr. Bradshaw was then President of that Court and so called Lord President he commanded that the Prisoner should be sent for saying Serjeant Dendy send for your Prisoner thereupon the King was brought up as a Prisoner and put within a Bar And when the Court was silenced and settled this Gentleman the Prisoner at the Bar did deliver the Charge the Impeachment to the Court and it was read The King was demanded to plead to it presently Here I should first tell you that upon the Kings first coming in there was a kind of a Speech made by Mr. Bradshaw to the King in this manner I â—hink I shall repeat the very words Charles Stuart King of England the Commons of England assembled in Parliament taking notice of the effusion of blood in the Land which is fixed on you as the Author of it and whereof you are guilty have resolved to bring you to a tryal and Judgment and for this cause this Tribunal is erected There was little reverence given to his Majesty then which I was troubled at he added this further That there was a charge to be exhibited against him by the Solicitor General I think this Gentleman was so called at that time and he called to him to exhibit the Charge and this Gentleman the Prisoner at the Bar did deliver an Impeachment a Parchment writing which was called a Charge against the King at that time which was received and read against him Coun. Did you ever see the Charge which was now shewn to Mr. Nutley Mr. Nut. My Lords I do believe that this is the very Charge I am confident it is the same writing I have often seen him write and by the Character of his hand this is the same Council Go on with your story Mr. Nut. My Lords immediately upon the delivery of this Charge of Impeachment which was delivered in the Kings presence after it was read the King was demanded to give an answer to it His Majesty desired to speak something before he did answer to the pretended Impeachment for so his Majesty was pleased to call it He did use words to this purpose saith he I do wonder for what cause you do convene me here before you he looked about him saith he I see no Lords here where are the Lords upon this Mr. Bradshaw the President for so he was called did interrupt his Majesty and told him Sir saith he you must attend the business of the Court to that purpose you are brought hither and you must give a positive answer to the Charge saith the King you will hear me to speak I have something to say before I answer after much ado he was permitted to go on in the discourse he was in so far as they pleased His Majesty said I was in the Isle of Wight and there I was treated with by divers honourable persons Lords and Commons a treaty of peace between me and my people the treaty was so far proceeded in that it was near a perfection truly saith he I must needs say they treated with me honourably and uprightly and when the business was come almost to an end then saith he was I hurried away from them hither I know not by what Authority now I desire to know by what Authority I was called to this place that is the first question I shall ask you before I answer the charge It was told him by Mr. Bradshaw the President that the Authority that called him hither was a lawful Authority he asked him what Authority it was the second time it was answered him by the President that it was the Authority of the Commons of England assembled in Parliament which he affirmed then to be the Supream Authority of this Nation the King said I do not acknowledge its Authority Authority if taken in the best sense it must be of necessity understood to be lawful therefore I cannot assent to that I am under a Power but not under an Authority and there are many unlawful Powers a Power that is on the high way I think I am under a Power but not under an Authority you cannot judge me by the Laws of the land nor the meanest Subject I wonder you will take the boldness to impeach me your lawful King To this purpose his Majesty was pleased to express himself at that time with more words to that purpose The King went on to further discourse concerning the Jurisdiction of the Court Bradshaw the President was pleased to interrupt him and told him several times that he trifled out the Courts time and they ought not to indure to have their Jurisdiction so much as questioned Court Pray go on Mr. Nutly This Gentleman at the Bar I did hear him demand the Kings answer several times a positive answer was required of the King the K. often desired to be heard and he interrupted him again and again several times and at length it was pray'd that the charge that was exhibited against him
might be taken pro confesso Court By whom Nutly By the Prisoner at the Bar if so be that he would not answer This my Lord is the substance of what I have to say against him Council Mr. Nutly pray what discourse have you had at any time with the Prisoner at the Bar concerning this impeachment Nutly Truly my Lord I knew the Gentleman well I was well acquainted with him and for the satisfaction of my own conscience for I was very tender in the business and sorry he was ingaged in it I went to him and did desire him to desist I had discourse with him for I was then a young Student in the Temple and had a little knowledge in the Laws I desired him to consider the dangerous consequences of such a proceeding I may say I did it with tears in my eyes for I had a very good respect to the Gentleman for his profession sake being learned therein truly my Lord he did answer me thus I acknowlegde it is a very base business but they put it upon me I cannot avoid it you see they put it upon me I had some discourse with him concerning the oath of Allegiance truly he was satisfied that this oath was against the business in question I saw he was troubled at it Council Can ye speak of the manner of calling for Judgement against the King Nutly That I have already answered to it was several times done the King was brought several times to the Bar and at every time he was brought he was pressed to answer whether Guilty or Not guilty Court By whom Nutly By the Sollicitor then the Prisoner now at the Bar. My Lord I remember his Majesty was pleased when he saw he could not be heard to the discourse that he did intend to make of the whole business saith the King if you will needs press me to an answer I must demur to your Jurisdiction my Lord the answer that was given to that was this Mr. Bradshaw there then President did say Sir saith he if you demur to the Jurisdiction of this Court I must let you know that the Court doth over-rule your demurrer this was said my Lord and Judgement was pressed very often Court By whom Nutly By the prisoner at the Bar. Cook My Lord may I ask him a question Court Yes Cook The first question is whether the Parchment was delivered by me unto the Court or brought into the Court by Mr. Broughton the Clerk Mr. Nutly I do encline to believe my Lord That it was brought into the Court and delivered by some hand or other to the Prisoner at the Bar I do beleive it was for I do remember it was written by one Price I was told that was his name that may be true I believe it was brought into the Court and delivered to the Prisoner now at the Bar. Council But did he exhibit it Nutly Yes my Lords Cook Did you see me set my hand to that Parchment N. No my Lords but I believe it to be his hand Cook Another Question whether Mr. Nutly did hear me say concerning the opinions of those Gentlemen what they intended to do in that business Nut. My Lords I do remember that I had often conference with the Gentleman at the Bar. I desired him to desist from the business considering the dangerous consequences of it truly my Lord I do well remember that he did say he did hope they did not intend to take away the Kings life said I if they go about any such thing do you use your utmost endeavour to preserve his life saith he I did labour to that purpose but they tell me they only intend to bring him to submit to the Parliament Cook It is said that I demanded Judgement of his life Mr. Nutly I demand of you whether I used the words of Judgement against his life but only I demanded their Judgement Nut. My Lords for that I cannot remember possibly to a syllable but Judgement was demanded Court By whom N. By this person Cook I said the judgment of the Court not against him I meant judgement for his acquital Court Did you ever hear him desire the Court that the Charge might be taken pro confesso N. That I have said my Lord it was urged by the Prisoner at the Bar against his Majesty That if he would not plead to the Charge that then the matter charged in it might be taken pro confesso But my Lord if you please to give me leave to add this one word more my Lord I did hear him say at that time he shewed me a paper that contained an order of the Court that did direct the very words that he should use when he came to deliver the Charge whether those words were in the order I do not know Cook Whether was I not directed by those Gentlemen the very words I should speak Court We are satisfied in that he saith by an order that you shewed him you were so directed If you have any thing more ask it him Mr. Farrington sworn Mr. Sol. Gen. Pray tell my Lords and the Jury what was the carriage of the Prisoner at the Bar at Westminster at the place they called the High Court of Justice Farringt My Lord I was present about the 20th of Jan. 1648. at that which they called the High Court of Justice and Mr. Bradshaw sat then as President so much as I remember concerning the Prisoner at the Bar I shall acquaint your Lorship This Gentleman at the Bar after the reading of the Commission and directions by the President to bring his Majesty the prisoner they called him to the Bar the King being brought after silence made and some speeches made by the President this Gentleman the Prisoner at the Bar having then a Parchment in his hand the substance of it was for levying War against the Kingdom he prayed that it might be read and accepted as a Charge in behalf of the good people of England It was accordingly read and afterwards being demanded to answer after his Majesty having given several reasons as to the Jurisdiction of the Court four days every day the Prisoner at the Bar demanded the judgement of the Court. And if his Majesty would not answer to the charge it might be taken pro confesso Coun. Do you know his hand if you see it Farring I have not seen his hand a long time Then the Impeachment was shewn to the witness Far. Truly Sir this is like his hand Coun. Do you believe it Far. It is very like it I do not know positively Coun. Did you hear the words pro confesso Far. Yes my Lord several times after the first day Coun. Did he interrupt the King in his discourse as to say these words that the Charge might be taken pro confesso Far. I do remember one day there was some interruption between the King and him the King laying his Cane upon his shoulder desiring him to forbear Cock You cannot say that
Gent. saith he a great many Officers Soldiers being there all this is worth nothing unless you proclaim it in Cheapside and at the Old Exchange Councel Explain your self what Proclamation do you mean Har. The Proclamation for the High Court of Justice Holland Simson Sworn Coun. What do you know concerning the prisoner at the Bar Simson I do know Mr. Peters very well I have known him these 12. or 13. years When the High Court of Justice was sitting both in the Court aud Painted Chamber I saw this Gentleman in consultation there and at several other places at Sr. Will. Breretons and other where Coun. Did you see him at the Tryal Simson I saw him but not as a Judge There was one day in the Hall Coll. Stubbards who was Adjutant General he was a very busie man and Coll. Axtel Mr. Peters going down the stairs comes to him and bids Stubbards to command the Souldiers to cry out Justice Justice against the Traytor at the 〈◊〉 Coun. Who did he mean Sim. The King was at the Bar at the same time whereupon my Lord the Souldiers did cry out upon the same and as the King was taken away to Sr. Robert Cottons some of them spit in the Kings face but he took his handkerchief wiped it off and smiled Peters I do not know this Gentleman did he ever see me Sim. Yes divers times in the Painted Chamber at Sir William Breretons at the Deanery in consultation with Bradshaw and you were admitted and no man else as I know unless Sir Will. Brereton who came along with you Thomas Richardson Sworn Richardson My Lords the first day that this Court of Justice as they called it did adjourn I went up into the Court and I saw the Prisoner at the Bar with some more standing in the Court and I came and stood close by him and some with him whom I did not know I heard him commend Bradshaw the carriage of him in the tryal of the King and another Cooks carriage to be short Mr. Peters holding up his hands said this is a most glorious beginning of the work Sir Jeremy Whitchcot Sworn Wh. My Lords I have by accident not by choice been several times in Mr. Peters company truly I have heard him speak very scurrilously of the King amongst the rest he was making some kind of Narration of Cromwel making an escape and that he was intended to be surprised that if he had not presently gone away he had been clapt up in the Tower and declared a Traytor he said there was a meeting of the Officers of the Army where he used this expression And thâ—â— we did resolve to set aside the King My Lord after this it was at another time he was speaking of that which they called the High Court of Justice and I do very well remember this was his expression of it I cannot but look upon this Court with a great reverence for it doth resemble in some measure the tryal that shall be at the end of the world by the Sts. This is all that I perfectly remember It was a great while ago I cannot speak more punctually I have seldom heard 〈◊〉 speak of the K. but of the Tyrant I remember one time he waâ— saying he would have preached before the King but said he the poor wretch would not hear me Rich. Nunnelly Sworn Coun. Was Peters upon the Scaffold at the time of Execution or before Nun. On that unhappy day 30. Jan. 1648. this Hugh Peters came an hour before the King came to Whitehall I came with a warrant of 40. or 50000.l to Oliver Cromwel being door-keeper to the Committee of the Army Nunnelly sayes Oliver Cromwel will you go to Whitehall Surely you will see the Beheading of the King and he let me into Whitehall coming into the boarded Gallery I met Hugh Peters and he was in the Gallery and then I got with H. Peters into the Banqueting-house being there Hugh Peters met one Tench of Hounsditch that was a Joyner meeting him he speaks to him and whispers in his ear and told him somewhat I do not know what it was but Tench presently went and knocked four staples upon the Scaffold I meeting Tench again what art thou doing said I what will you turn hangman saies he this day will be a happy day said I pray God send it be not a bloody day upon that H. Peters went upon the Scaffold just an hour before the King came and then he went off again I watched at the window when the Kings head was cut off and afterwards I saw the Vizards going into a Chamber there about an hour afterwards I staying there at the Door there comes H. Peters in his black Cloak and broad Hat out of that Chamber as I take it with the Hangman I am sure I did see him go along with the Hangman to take water this is all I can remember it being many years since Peters I humbly beg I may be heard in this case I have here a witness and I desire he may be examined it is noised I was upon the Scaffold I here call God to witness I was not out of 〈◊〉 Chamber that day I was sick that day I speak in the presence of the Lord. Court If your witness will stay he shall be heard there 〈◊〉 more witnesses to the same thing and so he may speak 〈◊〉 all together Dr. Mortimer Sworn Mortimer Me Lar me ha serd de King c. Court We cannot understand a word Coun. He is a Frenchman my Lord. Court Pray let there be an interpreter One Mr. Young was sworn to interpret truly his evidence But it being afterwards found difficult and troublesome the Councel waved his evidence and prayed another witness might be called Dr. Mortimer Me Lar me can peak Englis Coun. No no pray sit down we will examine other witnesses call Stephen Clough Stephen Clough Sworn Coun. What do you know of H. Peters Clough My Lords and Gentlemen of the Jury in 1648. I heard of a meeting of the Councel of Officers at Westminster I think in the Painted Chamber and I willing my Lord to hear what their consultations were I went thither and was there as one of them but I was not one amongst the rest H. Peters was one when the room was pretty full the door was shut Mr. Peters desired to call for a blessing upon their business in his prayer he uttered these words O Lord saith he what a mercy it is to see this great City fall down before us and what a stir is there to bring this great man to tryal without whose blood he will turn us all into blood if he reign again Peters What day was this Clough It was about three weeks or a month before the King dyed Peters Where was this Clough In the Painted Chamber Peters You have been very bold Clough I speak upon my Oath Peters How long was this ago Clough In 1648. Peters How many years since is that Clough
Maurice nor any of that rabble excepted out of it And further he said This is the day that I and many Saints of God besides have been praying for these many years Peters Ask him whether he took notes Chase No Sir but it being so memorable a Sermon I took special notice of it I came to my Brothers house at Shoolane and told him said I Brother I have been at White-Hall and have heard the most execrable business that ever was heard in the world by a Minister of the Gospel and I told him the words I observed that Oliver Cromwell did laugh at that time when you were Preaching Tho. Tongue sworn Coun. What do you know of the Prisoners preaching Tongue Upon Jan. 21. 1648. I was at Whitehall where this Gentleman preached and he preached upon this Text 149. Psalm v. 8. To bind their Kings in chains and their Nobles in links of iron in which Text this Peters did much applaud the Souldiers there he said he hoped to see such another day following as the day before and that blessed be God saies this Parson Peters the House the lower House is purged and the House of Lords themselves they will down suddenly this is all that I well remember at that time Upon the 28. of January 1648. next day after sentence of the King I heard Peters preach upon this Text in S. James's Chapel 149. Psalm 6 7 8. 9 verses Let the high praises of God be in their mouth and a two edged sword in their hands to execute vengeance upon the heathen and punishment upon the people To bind their Kings with chains and their Nobles with fetters of Iron To execute upon them the judgement written this honour have all his Saints praise ye the Lord And there he did so saint the Redcoats and so reprobate the poor Kings friends And in the middle of his Sermon he took occasion to produce a Text 14. Esay 18 19 20. All the Kings of the Nations even all of them lie in glory every one in his own house But thou art cast out of thy grave like an abominable branch and as the raiment of those that are slain thrust through with a sword that go down to the stones of the pit as a carkass trodden under feet Thou shalt not be joyned with them in burial because thou hast destroyed thy land and slain thy people the seed of evil doers shall never be renowned saies he This I did intend to insist and preach upon before the poor wretch and the poor wretch would not hear me Coun. Who did he mean Tongue His Majesty who was the day before condemned saith he look in your lesser Bibles and you shall find the title is The Tyrants fall Coun. That that was spoken of the King of Babylon the ignominy that was cast upon him he applies it to the King of England Peters Ask him where it was Tongue It was in S. James's Chapel Sunday the 28. of Jan. 1648. in the forenoon Reynold Bowdler Sworn Bowdler That which I have now to say is this I did hear him a few daies before the King was murthered preach in S. Sepulchers Church there he compares the King that was then to dye to Barabbas a murderer and in this manner saith he There is a great company amongst us like the Jews they cry out Let Christ be crucified and let Barabbas be released still comparing the King to Barabbas the murtherer these were his words with many more to the same purpose William Ryder Sworn Coun. Speak what you know concerning the Prisoner Ryder I was at the same time at Church in S. Sepulchers Coun. How long was that before the King dyed Ryder It was very near the Kings death Coun. Was it after the High Court of Justice sate as they called it Ryder About that time it was My Lord assoon as ever he had read the words of his Text which was He shall call his name Emanuel he presently shook hands with his Text and fell as he was wont to news and there he said the great inquiry now is to know what should become of the King let that alone saith he and presently he falls to it again and was pleased to stile the King Barabbas saith he there is a great many of the people had rather Christ should be crucified than Barabbas and here he was applauding the Souldiers and said that Emanuel was written upon the bridles of their horses and he was speaking of the Kings Souldiers saith he I have known eighty thousand of them and not one of them a gracious person Coun. Now we expect the Answer of the Prisoner at the Bar the Indictment hath been fully proved Peters I desire that witness may be admitted which I spoke of his name is Cornelius Glover Coun. We have omitted one evidence we desire Master Walker may be called Mr. Walker Sworn Walker On Sunday after the King was first brought to his tryal out of curiosity I went to hear Mr. Peters at Whitehall after he had made a long prayer saith he I have prayed and preached these twenty years and now I may say with old Symeon Lord now lettest thou thy servant depart in peace for mine eyes have seen thy salvation Afterwards he speaks of the Text of binding their Kings in chains c. then much reviled the King but soft there saith he I must not talk so here I am in the Kings Chapel there is a very remarkable passage in Amos Amos went to preach and Amazia would not let him but Amos would preach the poor wretch would not hear me but yet I will preach Afterwards he speaks of the Major of Exeter that committed the Bishops servant for being drunk saith the Major here is an Act of Parliament for it and I do not see that the Bishop nor his man are either of them excepted out of the Act and saith he in Scripture it is said Whosoever sheddeth mans blood by man shall his blood be shed and I do not find that either King Charles Prince Charles Prince Rupert Prince Maurice or any of that rabble are excepted Coun. Now Mr. Peters you may call your witness Cornelius Glover not sworn Lord Chief Baron Where do you dwell Glover In Pauls Church-yard Lo. Ch. Bar. What is your quality of life Peters A servant of the Kings Lo. Ch. Bar. I do not ask you Mr. Peters Glover I belong to the Post-house Peters Pray hear him speak L. Ch. Bar. What would you have him asked Peters Whether I was out of my Chamber that day the King suffered Lo. Ch. Bar. What say you to that Glover I was come to Mr. Peters a little before that time to live with him as his servant it fell out that day he was ill in his chamber all the morning the Souldiers in S. James's-house were all gone away I had a desire to go see the meeting where they were at Whitehall saith he thou seemest to have a great desire to go and look about thee
actually guilty of putting the King to death nay admitting in charity you had no intent to go as far as you did you are by the laws of Christ and this Nation guilty of high Treason in that you that are a Lawyer know very well and I speak it that you may lay it to your heart in the convictions of your conscience I must say to you as Joshua said to Achan my son give glory to God and confess and it would become you so to do you know very well it is the law of this Nation that no one house nor both houses of Parliament have any coercive power over the King much less to put him to death you know as you cited very well that the imprisoning of the King is Treason You know both of you this is an undoubted truth the rule of Law is that the King can do no wrong that is the King can do no wrong in the estimation of Law he may do some particular Acts as a private person but he can do little prejudice in his own person if he would hurt any it must be by Ministers in that case the Law provides a remedy if he doth it by Ministers they must answer for it The King of England is one of those Princes who hath an Imperial Crown what is that It is not to do what he will no but it is that he shall not be punished in his own person if he doth that which in it self is unlawful Now remember this when you took the oaths of Allegiance and Supremacy I presume you both did so what was your oath of Supremacy It was this that the King was the only Supream Governour of these Realms it goes farther as he was Supream Governour so he was the only Supream Governour that excludes Coordination you swear farther that you will to the utmost of your power defend the King against all conspiracies and attempts whatsoever truly you that were a Lawyer when you had thus sworn your fee could be no excuse against what you had sworn to We know that the King in his politick or natural capacity is not only salus populi but salus Reipublicae The Law hath taken care that the people shall have justice and right the Kings person ought not to be touched the King himself is pleased to judge by the Law you see he doth by Law question the death of his Father he doth not judge it himself but the Law judges it Mr. Peters knows very well he subscribed the 39. Articles of Religion look upon them that were made in 1552. and upon those Articles that were confirmed in 13. Elizabeth the King is there acknowledged to have the chief power in these Nations the medling with the King was a Jesutical doctrine This I speak not that the King should or ought to govern but by the Fundamental laws of the land they that keep within the bounds of the law are happy you that are a Lawyer know this in point of law and you that are a Divine know this in point of Divinity You both know the truth of it and when you have thought upon it I hope you will reflect upon that horrid crime the shedding of Royal Blood You see he had granted all those grievances of the people taken them away secured them for the future and at this very time when this horrid act was done you see he had granted all at the desire of the people he had made those concessions such as were it not in respect of others more than those that treated themselves they thought was more than could be expected by the Nation You that had a hand in the Kings death it falls upon you the guilt of it because you were some of those instruments that assisted those persons that broke the Treaty prepare your selves for that death which you are to die it is a debt which we all owe to nature if in this case there is something of shame comes to you it is that you must take as part of the reward of your sin The only work I have now to do is to pronouce the Judgment and this is the judgment of the Court and the Court doth award That both of you be led back to the place from whence you came and from thence shall be drawn upon a hurdle c. and the Lord have mercy upon your souls Cl. Cryer make proclamation Cryer O yes c. All manner of persons c. and all Jurors and witnesses are to appear at this place to morrow morning at seven of the Clock in the morning upon pain of 100. l. a piece So God bless King Charles c. 15. Octo. 1660. at the Sessions House in the Old Bailey The Tryal of William Howlet Memorandum that the Bill of Indictment against William Hewlet alias Howlet was found at Hickes-hall 12 Octob. instant Proclamation of the Court being made Clerk of the Crown SET William Hewlet alias Howlet to the Bar which was done accordingly Cl. William Hewlet alias Howlet hold up thy hand Thou standest Indicted of High Treason in the County of Middlesex by the name of William Hewlet alias Howlet for that thou c. How sayest thou art thou guilty of the High Treason whereof thou hast been Indicted and art now arraigned or not guilty Hewlet I am not guilty my Lord. Clerk How wilt thou be tryed Hewlet By God and the Country Cl. God send thee a good delivery Set him aside Octob. 15. 1660. Clerk of the Crown Set Axtell to the Bar which was done accordingly Clerk Daniel Axtell hold up thy Hand Axtell Pray my Lord let me have Pen and Ink. L. Ch. Bar. Give Mr. Axtell Pen and Ink. Cler. Daniel Axtell these men that were last called of the Jury are to pass c. if you will challenge them or any of them you must challenge them when they come to the Book before they are sworn L. Ch. Bar. Do you know how many you have liberty to challenge because I would not have you misinformed 35 you may challenge peremptorily and no more Axtell I thank you Lordship L. Ch. Bar. Unless you have any particular cause if so you may challenge more Axtell I confess I am wholly ignorant of the law John Kirke John Smith Thomas Morris Ralph Halsell John Sherecroft Francis Beale Robert Cromwell John Gallyerd John Shelbury George Rithe were called and by the Prisoner challenged Thomas Bide Charles Pitfield Robert Sheppard William Dod Thomas Vsman William Maynerd George Plucknet Samuel Harris John Nicoll of Hendon Henry Marsh Thomas Bishop Thomas Snow in all 12 were admitted and sworn of the Jury Cler. of the Crown If any man can inform my Lords the Kings Justices c. Cl. Daniel Axtell hold up thy hand Look upon the prisoner you that are sworn and harken to your charge you shall understand that the prisoner stands Indicted c. K. Council May it please your Lordships and you Gentlemen that are Sworn of this Jury The High Court
not at all say I was there in command but he saith a Lady by report the Lady Fairfax spake some words and that I should bid the Souldiers silence her truly I desire to know the certainty of the place where I stood Sir P. T. My Lords and Gentlemen of the Jury I saw this person standing within a Pike or two's length as I can guess it I remember the place within a yard of the ground in Westminster-Hall I do not say this person sate in the Court as a principal Officer that did then hold his Majesty Prisoner at the Bar I did not say it was a Lady unknown or reported to be such a one but I said it was the Lady Fairfax and my own Sister Mrs. Nelson and he cried Shoot the Whores Axtell He seems now to say I commanded the Guards I never was a Guard to his Majesty or had any thing to do in that business but it was wholly committed to a company of men I know not of That Gentleman that spoke I have no acquaintance with him I think he did not know me at that time L. ch Bar. Have you any thing to ask him Sir P. T. My Lord another passage he puts into my memory when I did observe a thousand of sad faces I saw none laughing but your self as if you had been carousing and entertaining the Souldiers I do not charge you that you commanded those Halbertiers but those Red-coats you were all in Red I saw you cane those 4 or 5 Souldiers I mentioned till they cried Justice Justice with you and that with the powder in the plams of their hands they forced the King to rise out of his Chair which you were much pleased with and laughed at Axtell I say before the Lord before whom I must be judged again for this I do deny this whole Obedience Griffith Bodurdoe Esq sworn Gr. Bod. My Lords and you Gentlemen of the Jury I was at the time of this sad Tryal in Westminster-Hall Axtell Your Name Sir I beseech you Counsel His Name is Mr. Bodurdoe Gr. Bo. I say I was all the time of the King's Tryal in Westminster-Hall I was in a Gallery that I had out of my house where I then lived just under and besides the House of Commons and I do remember I saw this Gentleman there I do think he was then called Lieutenant Colonel Axtell so far as I remember truly I have not seen him since before this day nor have had any reason to have known him but that I saw him very active in giving commands to the Souldiers there this Gentleman was keeping the Court letting some in and putting others out he seemed to have command of it One day whether it was about some passage or their Presidents Speech I know not there was a Lady in the same Gallery where I stood and some muttering It is a lye not half the people or words to this effect He the now Prisoner at the Bar standing below in the Court within the Bar not far from Dendy with some five or six Souldiers upon this muttering and disturbance as he apprehended to the Court he called to the Souldiers saying Shoot them if they speak one word more they did also present the muzles of their Muskets up to the Gallery My Lord by this we were very hush after that immediately within half a quarter of an hour Dendy came to the Gallery from the Court to know who it was that made that disturbance But the Lady was withdrawn into my Chamber and did not come out afterwards Axtell Where was this Sir L. ch Bar. What is it you desire Axtell My Lord where he saw me then L. ch Bar. Mr. Bodurdoe you hear the question Mr. Bod. There was a Gallery which I do believe is yet standing and the Court was just underneath the Galleâ—â— and you were just underneath the Gallery and five or six Souldiers with you Richard Young sworn Councel What do you know of the carriage of the prisoner at the time of the Tryal Young I was upon a Scaffold whereby I did see what was done in the Hall I saw that Lieut. Col. Axtell was busie and very active in encouraging the Souldiers to say let us have Justice against the King Axtell I desire to ask Mr. Young one question others say that the word was cry for Justice this Gentleman is pleased to make some Addition Let us have justice against the King Young No not against the King but I conceived you meant against the King Axtell I cry you mercy you do but conceive so Young You were upon the right hand of the Hall almost at the corner near the pavement it could not be otherwise applyed John Jeonar sworn Councel Speak your knowledge of Col. Axtell's carriage at the High Court of Justice Jeonar I had the Honour to wait upon the King as a domestick Servant to the time of his Death that day which was the first day the King was brought to his Tryal I did wait upon Him among other servants we stood close to the Bar where the King was some three or four of us Col. Axtell was upon the right hand of us commanding the Guard to keep things in order when the Court was to be withdrawn the many circumstances about the Lady Fairfax shall be omitted the President commanded the prisoner to be withdrawn with that Col. Axtell steps down before me to draw out his Guard this I heard him say Souldiers cry for Justice Justice I was the next man to him and upon the last day of the Tryal he did come down in the same manner and bid the Souldiers cry out for Execution Execution Axtell I do desire a question may be asked of that Gentleman I must confess I did not know the Gentleman at that time though he said he knew me He seems to say that at the first day I encouraged the Souldiers to cry Justice Justice and the last day Execution Execution What place was this in Sir Jeon I tell you the King was brought from Cotton House through a Guard that you managed of Musquetiers and with a Guard of Partisans besides there was my self and others there when we came up we got as close to the Bar as we could you were passing up and down from above and below when the Court was dissolved you stept down just before to draw your Guard to make ready and to cry Justice Justice and the second time Execution Execution you were very near me and then you cryed Justice Justice Execution Execution Axtell Are you certain I have heard other men I confess accused for this Some other Officers Jeonar I did hear you I do know you by sight Councel You know him now to be the same person Jeonar Yes Samuel Burden sworn Councel Tell my Lord and the Jury what you know of the carriage of the Prisoner Burden My Lords and Gentlemen I do believe Col. Axtell knows me well enough I was then under his own command at
by the Law of War He goes further and urges the statute of 11. Hen. 7. He comes further and saith in the 25. Edw. 3. that concerns single persons truly it concerns every man The Indictment you see how it is laid It is for Imagining and Compassing the Death of the King The overtacts in the Indictment you have heard what they are there must be more than one Witness for Treason It is very true but if one person prove one thing another person another if one swear he did cry Justice Justice Execution Execution and another swear some other part Gentlemen this was here before delivered to you for an overtact It is any thing that opens and makes it appear to the Jury that he did do the things for which he is Indicted I say any one of these that they did meet together and did consult in order to the putting the King to Death That they did meet in a Trayterous Assembly about the Kings Death I shall say no more you need not I think go from the Bar. The Jury go together and after a little consultation among themselves they returned to their places Clerk of the Crown Gentlemen of the Jury are you agreed of your verdict Jury Yes Cl. Who shall say for you Jury Foreman Cl. Daniel Axtell hold up thy hand Gent. look upon the Prisoner at the Bar How say you is he guilty of the high Treason whereof he stands Indicted and hath been arraigned or not guilty Foreman Guilty Cl. Look to him Keeper What Goods and Chattels Jury None to our knowledg The Tryal of Colonel Hacker the same day 15. October 1660. CLerk of the Crown Set Francis Hacker to the Bar which was done accordingly Cl. Fr. Hacker Hold up thy hand These men that were last called are to pass upon you c. If you will challenge all or any of them you must challenge them when they come to the Book before they are sworn Lord Chief Baron You may challenge 35 peremptorily but no more Hacker My Lord I shall challenge none Tho. Bide Rob. Sheppard Will. Dod Sir Tho. Allein Sir Hen. Wroth Tho. Morris Ralph Halsal John Galliard John Nicol Tho. Vfman Tho. Nicol Christopher Abdy in all Twelve The Jury called and sworn Clerk of the Crown Proclamation if any man can inform my Lords the Kings Justices c. Clerk Francis Hacker hold up thy hand look upon the Prisoner you that are sworn of this Jury You shall understand that Francis Hacker Prisoner at the Bar stands indicted c. Mr. Serj. Keeling My Lords and Gentlemen of this Jury Francis Hacker the Prisoner at the Bar stands indicted amongst others for Compassing and Imagining the death of the late King Charles the First of happy Memory The Compassing and Imagining is the Treason it self the other points as Convening Assembling Meeting together and the actual villany that followed all these are but as Evidences of that Imagination As to this person at the Bar our Evidence will be thus We shall make it appear to you that he was one of the persons that were upon the Guard and kept the King a Prisoner that he might be sure to be brought to that Mock Court of Injustice Then it will appear to you That this Prisoner at the Bar was highly trusted by all those Miscreants that thirsted for the Kings blood by their bloody Warrant directed to him and others to take the Kings person into custody and to see Execution done This was the person that kept him till he brought him to that fatal Stage That this Warrant was lately brought from his own house by his own Wife to the House of Lords and then we shall shew you that this person set his hand to the Warrant to the Executioner for Execution That he did not do it ignorantly nor unwillingly for he heard the Warrant read we shall make it appear that he was upon the Scaffold and had the Ax in his hand Councel Cryer call Holland Sympson Col. Tomlinson Mr. Nunnelly Mr. Nutly Hercules Huncks and Benjamin Francis who were all sworn as Witnesses Councel Mr. Sympson speak your knowledge of the employment of the Prisoner touching the Tryal and Execution of the King Hacker My Lords I will confess what I know in this case to save your Lordships the trouble I confess I was upon the Guard and had a Warrant to keep the King for his Execution the Warrant being shewn to the Prisoner he confessed that to be the Warrant Councel After you had that Warrant brought to you did you by virtue of that direct another Warrant for Execution of the King Did you not take the King then prisoner from the custody of Colonel Tomlinson Hacker No Sir Councel We shall prove it the Warrant was read At the High Court of Justice for Tryal c. My Lord at the time that this Warrant was signed the person of the King was in the custody of Col. Tomlinson did not you take and demand from Col. Tomlinson the person of the King as soon as you received that Warrant Hacker No Sir I demanded him not Councel Col. Tomlinson tell my Lords the manner of that business Tomlinson My Lords and Gentlemen of this Jury I shall as my memory enables me make a faithful Narrative of this business I had indeed to do with the Guard that had to do with the person of the King about St. Jameses Being then an Officer of the Army a Colonel of Horse when the King came to St. Jameses it was observed by some that there was too great an access of people admitted to the King and within one day or two after there was a party of Halberteers appointed for the stricter observing the Guard they were commanded by three Gentlemen of whom this Prisoner at the Bar was one the orders every day for removing the person of the King were commonly directed to four persons and those were my self Lieu. Col. Cobbet Capt. Merryman and one more but the Guards that still went along were the Halberteers So that every day when the King did go to Westminster he went to Sir Robert Cottons House and so far I went with him and no farther I never went with him nor saw him at that pretended High Court of Justice When he used to go to the High Court of Justice commonly every time indeed the Serjeant Serjeant Dendy as I remember his name was he used to come and demand that the King should go to the High Court of Justice and Col. Hacker did ordinarily go with him with the Halberteers It was my custom to stay in the room till he came back again these Orders continued during the time of his Tryal After the Sentence was given on the day whereon the Execution was to be done it was ordered which order may be produced if significant that the Guards that were for the security of the person of the King should cease when a Warrant from the High Court of Justice for the Execution should be
there may be a favourable construction made of it I humbly leave it with you I did my Duty to pray for the King but had no malice to act willingly against him Clerk Henry Marten Counsel He did both sign and seal the Precept for summoning the Court and the Warrant for Execution sat almost every day and particularly the day of Sentence Marten My Lord I do not decline a confession so as to the matter of Fact the malice set aside maliciously murderously and traiterously Counsel If you have any thing to say to that we will prove it L. Ch. Baron That I may inform you in it there is malice implied by Law malice in the Act it self that which you call malice that you had no particular intention or design against the King's Person but in relation to the Government that will not be to this present business if it should extenuate any thing that would be between God and your own Soul but as to that which is alledged in the Indictment Maliciously Murderously and Traiterously they are the consequences of Law If a Man meet another in the Street and run him through in this case the Law implies malice though but to an ordinary Watchman there is malice by the Law in the Fact if there was no such expressed personal malice as you conceive yet the Fact done implies malice in Law Mr. Solicitor General My Lord He does think a Man may sit upon the death of the King sentence him to death sign a Warrant for his Execution meekly innocently charitably and honestly Marten I shall not presume to compare my knowledg in the Law with that of that Learned Gentleman but according to that poor understanding of the Law of England that I was capable of there is no Fact that he can name that is a Crime in it self but as it is circumstantiated Of killing a Watchman as your Lordship instanced a Watchman may be killed in not doing his Office and yet no murder Lord Chief Baron I instanced that of a Watchman to shew there may be a malice by Law though not expressed though a Man kill a Watchman intending to kill another Man in that case it is malice in Law against him so in this case if you went to kill the King when he was not doing his Office because he was in Prison and you hindred him from it the Law implies malice in this It is true all Actions are circumstantiated but the killing of the King is Treason of all Treasons Justice Foster If a Watchman be killed it is murder it is in contempt of Magistracy of the Powers Above the Law says that contempt adds to the malice Counsel We shall prove against the Prisoner at the Bar because he would wipe off malice he did this very merrily and was in great sport at the time of the signing the Warrant for the King's Execution Marten That does not imply malice Ewer sworn Councel Come Sir you are here upon your Oath speak to my Lords and the Jury you know the Prisoner at the Bar very well you have sometimes served him Were you present in the Painted Chamber January 29. 1648. at the signing the Warrant the Parchment against the King Ewer The day I do not remember but I was in that Chamber to attend a Gentleman there I followed that Gentleman looking at Mr. Marten I followed that Gentleman into that Chamber L. C. Baron After what Gentleman Ewer Mr. Marten my Lord I was pressing to come near but I was put off by an Officer or Souldier there who told me I should not be there I told him I was ordered to be by that Gentleman My Lord I did see a Pen in Mr. Cromwel's hand and he marked Mr. Marten in the face with it and Mr. Marten did the like to him but I did not see any one set his Hand though I did see a Parchment there with a great many Seals to it Sir Purback Temple sworn Counsel What do you know of that Gentleman in his carriage of this Business Sir Purback Temple My Lords I being present in Town when that horrid Murder was contrived against the late King there came some Persons of Honour Servants to the late King to my Father's House Sir Edward Partridge to engage me to join with them to attempt the King's escape In order whereunto they told me nothing would tend so much to his Majesty's Service as to endeavour to discover some part of their Counsels for that it was resolved by Cromwel to have the King tried at the High Court of Justice as they called it the next day and desired me if possible to be there to discover their Counsels whereby the King might have notice and those that were to attempt his escape In order whereunto the next day by giving Mony to the Officer of the Painted Chamber I got in by day light in the Lobby to the Lords House I espied a Hole in the Wall under the Hangings where I placed my self till the Council came where they were contriving the manner of trying the King when he should come before them and after the manner of praying and private consults amongst themselves when their Prayer was over there came news that the King was landed at Sir Robert Cotton's Stairs at which Cromwel run to a Window looking on the King as he came up the Garden he returned as white as the Wall returning to the Board he speaks to Bradshaw and Sir Henry Mildmay how they and Sir William Breerton had concluded on such a Business Then turning to the Board said thus My Masters He is come He is come and now we are doing that great Work that the whole Nation will be full of Therefore I desire you to let us resolve here what answer we shall give the King when he comes before us for the first Question that he will ask us will be By what Authority and Commission do we try him To which none answered presently Then after a little space Henry Marten the Prisoner at the Bar rose up and said In the Name of the Commons and Parliament assembled and all the good People of England which none contradicted so all rose up and then I saw every Officer that waited in the Room sent out by Cromwel to call away my Lord such a one whose Name I have forgot who was in the Court of Wards Chamber that he should send away the Instrument which came not and so they adjourned themselves to Westminster-Hall going into the Court of Wards themselves as they went thither When they came to the Court in Westminster-Hall I heard the King ask them the very same Question that Cromwel had said to them Mr. Solicitor Gentlemen the Prisoner at the Bar confesses his Hand to the Warrant for Executing the King you see by his Servant how merry he was at the sport You see by his Witness how serious he was at it and gave the foundation of that Advice upon which they all proceeded and now he
speak with his Parliament I rising up one told me I must not be heard for the President was to give Judgement and said there was an order that none should speak in Court Mr. Downes did move and they did adjourn the Court and I was glad I got out Cromwell laughed and smiled and jeared in the Court of Wards I hope your Lordship will be pleased to consider I was no Contriver no Soldier that put the force upon the House that erected the Court None of the Law-makers or did any thing maliciously against the King My Lord I was looked upon with an evil eye for regarding the King's friends in the Country Gray he told me the King would not die I hope he will not said I. The next day on Monday I went to the House they were labouring to get hands for his Execution at the Door I refused and went into the House saith Cromwell those that are gone in shall set their hands I will have their hands now That night I went to the Lord Grays and he said I am afraid they will put him to death I said so also My Lord I have been a great sufferer I was drawn in trapan'd into it since being a friend to the Kings friends I am almost ruined in my estate I beseech your Lordships make the best interpretation I hope you will believe I was no Contriver I humbly lay hold upon the Kings mercy and favour I came in upon the Proclamation I pray that this Honourable Court will prefer my Petition to the King and both Houses of Parliament which the Court then received William Heveningham My Lord in 1648. we were under a force under the tyranny of an Army they were our Masters for a malicious and a traiterous heart I had not I do absolutely deny the signing the Warrant for summoning the Court and also that Warrant for execution of the King at the time of sealing I had that Courage and Boldness that I protested against it Counsel We do not question him for that but for sitting in the high Court of Justice and that upon the day of the sentence do you deny that Heveningham My Lord I cannot say positively Counsel If you deny the matter of fact it must be proved Heveningham I cannot say positively but it may be I might Counsel Either say positively you did or else let the Witnesses be call'd Heveningham Truly my Lord I think I did but my after-actions Lord Chief Baron Mr. Heveningham that shall be considered Counsel My Lord to sit upon the day of Sentence was high Treason in it self and is an evidence of Compassing and Imagining the Kings death Hev I shall lay hold of the Declaration I came in upon the Proclamation I pray your Lordships to interceed for me to the King and both Houses of Parliament I pray the mercy of this Court L. C. B. You of the Jury they have all confessed and therefore you may go together Simon Meyne My Lords I have forgot my Petition it is at my lodging I desire I may send it at night John Downes and Peter Temple prayed the like favour L. Ch. B. Do send them they shall be received The Jury having consulted together a certain time they went to their places Clerk Gentlemen are you agreed of your verdict Jury Yes Clerk Who shall say for you Jury Our Fore-man Clerk John Downes hold up thy hand Look upon the prisoner how say you is he guilty of High Treason whereof he stands indicted and hath been arraigned or not guilty Forem Guilty Clerk Look to him Keeper What Goods and Chattels c. Forem None to our knowledge And the like verdicts at the same time passed in the same manner against Vincent Potter Augustine Garland Symon Meyne James Temple Peter Temple Thomas Waite and William Heveningham Potter I hope I may be freed from Irons I am in pain and a man of bulk L. Ch. B. We can give no order in it we must leave it to the Sheriff Potter I begg it of you my Lord. L. Ch. B. We must leave it to the Sheriff Mr. Heveningham You must withdraw from the Bar. Clerk Officer bring down VValler Fleetwood Hacker Axtel Hulet Penington Marten Millington Titchborne Roe Lilburne Smith and Harvey and set them to the Bar which was done accordingly Clerk Hardress VValler hold up thy hand thou hast been Indicted and found guilty of High Treason what canst thou say why judgment should not pass on thee to dy according to Law VValler My Lords I am now it seems Convicted by Law and so adjudged Your Lordships the other day on my desire told me I might have liberty to speak upon my trial I must now beg the like upon a condemned person L. Ch. B. You are Convicted not Condemned Waller My Lords I was the first that pleaded Guilty I bless God that he gave me a heart to do it I find most peace in the doing of it and since there is nothing left but hopes of Mercy I humbly submit it to your Lordships to hear me in this sad condition that that may make me seem more capable of mercy I have my Lords been so unhappy to have been transplanted out of my Country these thirty years I have been but once these eleven years in England this must needs make me a stranger L. Ch. B. I must not hinder you because it is for mercy that you plead but consider with your self whether it will not be better to give it in a Petition I leave it to you we can do nothing in point of Mercy but Judgment Waller Onely this My Lord whether I am not the more capable of your mercy L. Ch. B. That you may understand it the Act of Indempnity of Parliament hath excepted you yet upon some qualifications we are to proceed according to Law that is to go to Conviction and Judgment The Act sayes that after Judgment there shall be no execution but that it shall be suspended till a further Act of Parliament to be passed for that purpose so that in the mean time we are to proceed no further then Judgment That which concerns Mercy is referred to another place If you please to say any thing to satisfie us or to go by way of Petition it must be left to you but what you say for mercy is nothing to us Waller I humbly thank your Lordships for this clear and noble dealing and withall I would beg that these people that are witnesses of my shame and guilt may know that it was a force and temptation upon me I shall not insist much I have said that I did plead guilty which was most safe to my own Conscience yet I should make it appear that I did appear more to preserve the King from Tryal and Sentence then any other Lord Finch Sir Hardress Waller I have heard of late of your sorrow which I was glad to hear of because you are my kinsman both by your Father and Mothers side and also my
the name of Daniel Axtel of Westminster in the County of Middlesex Gentleman I think none knew me to live there and inhabit there Lord Chief Baron I would not interrupt you this is past you should have made your exception to that as Master Matten did before concerning his name that should have been first done you have appeared and pleaded to that name and it was late of Westminster Axtell My Lord I have this to speak in arrest of Judgment that the Indictment being grounded upon that statute of the twenty fifth of Edward the third it is either mistaken or not pursued my Lords I did yesterday give you the Judgment of the Lords and Commons concerning the statute in relation to my case I say the Statute was mistaken or not pursued Lord chief Baron That was offered before Sir as to the matter of it Axtell My Lord I think not I am mistaken if it were Lord Chief Baron Then open it Axtell My Lord I do not find in that statute that words are an overt act words only L. Ch. B. This was over-ruled The things that you objected were these That there is not any overt act that is laid that could be applicable to your case if it were not particularly applicable you are found guilty by the Jury it would be nothing But there is an overt act you were present at the Court beating the Souldiers sending for an Executioner but for words if one man should say here is the King go and kill him this is Treason but you were guilty in all according to Law You being there and doing this you were not guilty onely of the words but of all that was done there is none but Principals in Treason What we say and do to you we well know we must answer before God Almighty for it Axtell I have but one word more truly I do appeal to God before whom I shall have another tryall I do not find my self guilty either of consulting contriving or having a hand in the death of the King I am innocent and I pray God that my innocent blood Lord Chief Baron Pray Sir Axtell May not cry Lord Chief Baron You are now to speak in arrest of Judgment Axtell I have no more I pray your Lordships favour and mercy to me William Hulet alias Howlet hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Hulet Truly my Lord I have little further to say If you had been pleased to give me further time I should have cleared my self I call God above to witness upon this account that I am as clear as any man I submit to the mercy of the Court. L. Ch. B. For that I do but cannot positively say it that at your request notwithstanding the Judgment will pass against you there may be some time till his Majesties pleasure be known before any execution will be upon that Judgment against you in the mean time we must proceed according to Law and Justice Proclamation for silence whilst Judgment is giving The Lord Chief Barons speech before the Sentence pronounced against the aforenamed Prisoners found guilty YOu that are Prisoners at the Bar you stand here in several Capacities yet all of you persons convicted of the detestable and execrable murder of our Soveraign Lord King Charles the first of blessed memory Mistake me not I do not say that you are all of you guilty of executing the fact but in Law and in conscience pro tanto though not pro toto you are guilty of it in that you prepared the way and means to it in that you brought his head to the block though you did not cut it off You are here in three sorts and I must apply my words accordingly and truely I do it with as much sorrow of heart as you have many of you being persons of liberal education great parts I say you are of three sorts There are some of you that though the Judgment of death is to pass against you by his Majesties grace and favour and the mercy under him of the two houses of Parliament Execution is to be suspended untill another Act of Parliament shall pass to that purpose that is all of you but three for those three the one of them that was last called William Heveningham he is in another capacity too for I presume some time will be given to him to consider of something relating to him before any order will be given for his execution there are two others of you and that is Dan. Axtel and Francis Hacker and for you as it yet stands before us there is no mercy there is no room for it but though you be in these several Classes yet what I shall say will concern you all because I do not know how it may fall with you none of us know how soon we may come to our deaths some probably sooner then others all must come to it you are now before the Tribunal of man but that is for Judgment for your offence here but there is another Judgment hereafter and a Tribunal before which both you and we must stand every man here and we must receive according to our work those that have done ignorantly by a serious and unfeigned repentance God Almighty may shew mercy unto them He hath reserved mercy even for the greatest offenders Saint Paul himself when he presecuted Christ ignorantly upon his repentance he found mercy those of you that are not yet convicted in your consciences of the foulness of this horrid fact look into your Consciences a little more and see if it be not a great Judgment for your former offence that you should be given over to a reprobate sense let me tell you a seared Conscience a bold confidence not upon good grounds is so far from securing the Conscience it may stifle perhaps the mouth of Conscience but it will rise up more in Judgment against you Here you have made your defence and I do not blame you for it life is precious but remember the thoughts of your hearts are open whether you did it ignorantly covetously or to get the Government into your own hands that I am not able to search into God and you only know that give me leave to say something perhaps I have repeated it by parts before God is my witness what I speak I speak from mine own Conscience and that is this Gentlemen because I saw it stuck with some of you that is that whatsoever the case was that by the Laws of these Nations the fundamental Laws there could not be any coercive power over your King I speak it again because I would as near as I could speak the whole truth and would not mislead any man in such a case remember that no power no person no Community or body of men not the people either collectively or representatively have any coercive power over the person of the King by the fundamental Laws for that
day that they sate in publick was as I remember the 20th of Jan. 1648. Some few days afore that there was a Committee that sate in the Exchequer-Chamber and of that Committee the Prisoner at the Bar was one of the Members I do remember well it was in the Evening they were lighting of Candles they were somewhat private This Gentleman was there I saw him for through the kindness of Mr. Phelps who was then Clerk to that Committee I was admitted pretending first to speak with the said Mr. Phelps and that I had some Business with him and so as I said before I was admitted into the Committee-Chamber Being there I did observe some Passages fall from the Prisoner at the Bar the words were to this purpose He was making a Narrative of some Discourses that passed between his late Majesty and himself in coming between Windsor and London or Hurst-Castle I know not well whether My Lord that Passage that I observed to fall from him in that Discourse was this He said That the King as He sate in the Coach with him was importunate to know what they intended to do with Him Mr. Harrison In the Coach was it Mr. Nutley Yea Sir it was in the Coach He told the rest of the company as I said before that the King asked What do they intend to do with me Whether to murther me or no And I said to Him There was no such intention as to kill Him we have no such thoughts But saith He the Lord hath reserved you for a publick Example of Justice There is one word more My Lords and that is this which I heard from this Prisoner at the Bar That the reason and end of their Meeting together at that Committee was concerning the Charge So much I observed It was concerning the Contracting of the Impeachment I observed that some found fault with the length of that as it was drawn They were offering some reasons to Contract it and I heard this Prisoner at the Bar vent this expression Gentlemen It will be good for us to blacken Him what we can Pray let us blacken Him or words to that Purpose I am sure Blacken was his word Mr. Wyndham Mr. Nutley you speak of an Impeachment Against whom was that Impeachment Mr. Nutley It was against His late Majesty the King Councel And it was to draw up that Impeachment so as to Blacken Him Was it so Mr. Nutley Yes Sir Mr. Coytmore sworn Mr. Wyndham Did you see the Prisoner at the Bar sitting in that which they called the High-Court of Justice on the Day when the King was Sentenced or at any other time Pray tell my Lords and the Jury Mr. Coytmore My Lords and Gentlemen of the Jury I was in that which they called the High-Court of Justice three or four times I saw this Gentleman either once or twice sitting there Councel Do you know any thing more Coytmore No really I came onely to hear and see what they were doing and I did there see him I think several Days I am sure once Councel Did you see him on the seven and twentieth of January 1648. sitting there which was the Day of the Sentence Coytmore I cannot call that to Memory Councel Do you know of any Expressions that the King should be an Example of Judgment Coytmore No my Lords Mr. Windham My Lord in the next place We shall shew that Instrument that was made under the Hand and Seal of the Prisoner at the Bar as well as others for Execution of the King that Bloody Warrant But first we will ask this Witness another Question Councel Did you see the Prisoner at the Bar sit on the Bench as an ordinary Spectatour or as one of the Judges Coytmore He was in the Court sitting amongst the rest of the Judges as one of them Mr. Solicitour My Lords we will prove that this Prisoner at the Bar was one of them that took upon him the Conducting of the King and that the King was in his Custody and to the High-Court of Justice also The Lord Newburgh sworn Councel Pray my Lord give your self the Trouble to raise your Voice and to tell my Lords and the Jury what you know of the Prisoner at the Bar the part that he acted in bringing up the King Lord Newburgh I was then living at his Majestie 's Lodg at Bagshot when the Prisoner at the Bar brought the King from Hurst-Castle to London He was the Person that commanded the whole Party and when the King by the way went to Dinner by his Order there were Centries set at every Door where He was When the King had Dined he carryed him to Windsor and appointed several of his Officers to ride close to the King as He was riding lest He should make His escape from them Councel That was an Imprisonment it self and so a Treason Mr. Windham My Lords we shall now produce to you two Instruments which were made the one for Convening and Summoning the Assembling of that which they called the High-Court of Justice and shew this Prisoner's Hand and Seal to that And then shew you likewise that which was the Consummating of all that Bloody Warrant for Execution of His late Majesty of blessed Memory with the Hand and Seal of the Prisoner at the Bar unto it amongst others Mr. Sollicitour My Lords it will be fit before this to give you an account how we came by these Instruments Mr. Jâ—ssop sworn Councel Shew to Mr. Jessop the Warrant for summoning that Court. Mr. Sollicitour Mr. Jessop pray tell my Lords and the Jury how you came by that Instrument you have in your Hand Mr. Jessop May it please your Lordships I having the Honour to attend the House of Commons the House was pleased to make an Order that Mr. Scobel should deliver into my hands all such Books and Records Papers and other things as did belong to the House of Commons and in pursuance of that Order I did receive amongst other things this Instrument as a thing that had been formerly in his hands as Clerk of the House of Commons Mr. Sollicitour We desire it may be read my Lords Court Pray first prove his Hand Mr. Harrison I desire to know what is offered to be Read Court It is a Warrant that you Sealed amongst other pretended Judges of your Hight Court of Justice as you called it for Trial of the King for Summoning that Court. Councel Mr. Kirk Have you seen the Hand-writing of the Prisoner at any time Mr. Kirk I have very often seen it and am well acquainted with it and so far as it 's possible a man can Testifie touching the Hand of another Person I do verily believe this to be his Hand Councel How came you to be acquainted with his Hand Mr. Kirk As he was a Member of the House of Commons and my Imployment having relation thereto I have seen him set his Hand several times Mr. Farrington Sworn Councel Do you believe that this is
Hand to the Warrant for summoning of that Traiterous Assembly The High Court of Justice as they called it And also it appears by his Hand to the Warrant for Execution that Bloody Warrant He hath been so far from denying that he hath Justified these Actions The Evidence is so clear and pregnant as nothing more I think you need not go out The Jury went together at the Bar and presently unanimously agreed on their Verdict whereupon they were demanded by the Clerk Clerk Are you agreed upon your Verdict Jury Yes Clark Who shall say for you Jury Our Fore-man Which was Sir Thomas Allen. Clerk Thomas Harrison Hold up thy Hand Gentlemen of the Jury Look upon the Prisoner How say ye Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or Not guilty Fore-man Guilty Then the Keeper was charged to look to the Prisoner Clerk What Goods and Chattels had he at the time of committing this Treason or at any time sithence Fore-man None to our Knowledg Which Verdict being repeated to the Jury by Mr. Clerk of the Crown the Jury owned it unanimously Mr. Solicitor Gen. My Lords upon this Verdict that hath been given against the Prisoner at the Bar I humbly move that we may have Judgment given Your Sessions will be long and your work will be great his Demeanour hath been such that he doth not deserve a Reprieve for so many Days that you are like to spend in this Session Court Mr. Harrison they desire Judgment upon the Verdict What do you say for your self why Judgement should not pass against you Clerk Thomas Harrison hold up thy Hand What hast thou to say for thy self why Judgmnt should not pass against thee to dy according to Law Mr. Harrison I have nothing further to say because the Court have not seen meet to hear what was in my Heart to speak I submit to it The Cryer made Proclamation for Silence whilest Judgment was in giving Lord Chief Baron You that are the Prisoner at the Bar you are to pass the Sentence of Death which Sentence is this The Judgment of this Court is and the Court doth award that You be led back to the place from whence you came and from thence to be drawn upon an Hurdle to the place of Execution and there you shall be hanged by the Neck and being alive shall be cut down and your Privy-Members to be cut off your Entrails to be taken out of your Body and you living the same to be burnt before your Eyes and your Head to be cut off your Body to be divided into four Quarters and your Head and Quarters to be disposed of at the pleasure of the Kings Majesty and the Lord have Mercy upon your Soul And then Proclamation was made for Adjournment of the Court to this place till seven of the Clock to morrow morning And all Jury-men and Witnesses were commanded to be at the said Place and Time upon Forfeiture of an hundred Pounds apiece Octob. 1â— 1660. The Proclamation for Silence The Jury called Prisoners brought to the Bar viz. John Jones Adrian Scroop Thomas Scot Gregory Clement John Carew Cryer Sir Thomas Allen. Clerk Sir Tho. Aleyn lay your hand on the Book look upon the Prisoner at the Bar. Scroop I challenge him my Lord. L. C. Bar. That you may not mistake if you challenge in this manner and do not joyn in your challenges we must try you severally one after another I must tell you the course of the Law If one challenge one and another challenge another we must sever and go to Tryal one by one Call the next Cl. Sir Henry Wroth. Scroop I challenge him L. C. Bar. Then we must go on severally set all aside but Mr. Scroope Mr. Scroop you may challenge particularly whom you will till you come to 35. if you go beyond that number you will lose the benefit of the Law Scr. I desire my Lord that whosoever was challenged yesterday may not be called again Court No that cannot be that is nothing to you The Court thereupon proceeded and called Challenged John Lisle Nic. Raynton Thomas Wynter Thomas Frankelyn Randal Nichol Jo. Kirke Ambrose Scudamore George Tirrey who were all challenged Jury Thomas Willet Hen. Marsh Charles Pitfied Chr. Abdy Rich. Cheny Tho Bid. Jo. Smith Richard Abel Ralph Halsal Jo. Gallyard Tho. Swallow Sam. Starnel were admitted and sworn on the Jury Cl. Cryer make Proclamation If any man can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoner at the Bar let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his delivery and all others bound by recognizance to give evidence against the Prisoner at the Bar let them come forth and give their evidence or else they shall forfeit their recognizance Cl. Adrian Scroop hold up thy hand you Gentlemen that are sworn look upon the Prisoner and hearken to his charge you shall understand c. upon this Indictment he hath pleaded not guilty M. Sol. May it please your Lordships and you Gentlemen of the Jury this Prisoner at the Bar stands indicted sor compassing and imagining the death of the late King of blessed memory The Indictment sets out that to that end and purpose the Prisoner at the Bar did with others assemble and sit together at Westminster Hall consulting upon him and usurped an authority to proceed against the life of our said late Soveraign and in persuance of that our late Soveraign was brought to his death These things are alledged in the Indictment as several over Acts to shew the treason of his heart which was the compassing and imagining the death of the King Compassing and Imagining are the words of the Statute the rest of the Indictment is but as so many overt-acts evidences and manifestations of that corrupt and wicked heart of his by which he first thought such a thought against his Soveraign The manner of our evidence shall be this Before they could come to accomplish this damnable design it was necessary to meet in a trayterous assembly which they called the High-Court of Justice that under the pageantry and mockery of that they might pretend to murder him by a Sentence and before that assembly could come to sit there was a Precept set forth very formally to summon them to sit This Prisoner at the Bar is one of those persons who under his hand and seal did summon that Court to sit upon the life of our late Soveraign When the Court in obedience to that summons as they called it did meet they sate several times and he among them they did proceed with a wonderful impudence as they had begun to pronounce sentence of death upon our late Soveraign My Lords this Prisoner at the Bar was amongst them and was at that Court and gave the sentence When they had done that
they might compleat their villany they made a bloody Warrant for severing the head of his late Majesty from his body and the hand of the Prisoner is to that Warrant also and this is the scope of our Indictment Scro. My Lords may I have liberty to speak Court If you do confess that which is opened in evidence against you we shall not need to examine any Witnesses Scr. Examine what you think fit if I understand that worthy Gentleman that spake last he said that my hand was to the Warrant for Execution My Lord if I can see my hand I can tell and I will not deny my hand Court Shew it him which was done accordingly Scr. My Lords I will not deny but that it is my hand but it is not my seal Councel Cryer call Mr. Masterson Mr. Kirke Mr. Clark Mr. Carr who were all sworn Mr Masterson pray tell my Lords and the Jury whether you did see the Prisoner at the Bar in that which they called the High-Court of Justice sitting as a Judge upon the late King Mr. Mast My Lords and Gentlemen of the Jury I saw upon the 22. or 23. of Jan. in the year 1648. the Prisoner at the Bar sitting upon the Bench as one of the Judges in that which they called the High-Court of Justice the King standing a Prisoner at the Bar I say either 22. or 23. But I say particularly upon the 27th of Jan. 1648. in which the sentence was passed upon the late King I saw the Prisoner at the Bar sitting upon the Bench in that which they called the High-Court of Justice Coun. How did he demean himself when the sentence was read Mr. Ma. When the sentence was read it was by the President as he was called of that Court said to be the Sentence and Judgment of the whole Court upon which the Prisoner at the Bar rose up as to my apprehension testifying his Assent All their Assent were taken so and no otherwise to us that were as spectators Scr. I beseech your Lordships that I may speak without offence and answer to this Court Mr. Scroop you may please to have Paper and Pens and Ink to take Notes or to ask any questions Scr. My Lords give me leave to ask him this question whereabouts did he see me sit in the Court. Court Mr. Ma. you hear the question pray answer to it Ma. My Lords I cannot particularly say where he sat but I saw him in the Court and to the best of my remembrance it was on the second seat on the left hand of Bradshaw Scr. I would not give offence to the Court in any kind I am now pleading for my life I desire to take a little liberty to ask this Gentleman if ever He and I were in company together that he knows me so well M. For my part I do not remember I saw his face before the sitting of that Court If this Gentleman ask me if I were ever in his company I know not how I may construe the word Company but I am sure I never eat nor drank with him I have seen him very many times at Committees more then twenty times since that business Mr. Clark called Coun. Mr. Clark you have heard the question did you ever see the Prisoner at the Bar in that which they called the High-Court of Justice Mr. Clark I do remember in the year 1648. I saw the Prisoner sitting in that which they call the High-Court of Justice upon the Tryal of the King Scr. My Lords you may desist in examining witnesses touching my sitting Court Do you acknowledge you did sit in that which they called the High-Court of Justice Scr. Yes I see it proved and I see a Gentleman here in my eyes that I know very well I will not deny it Court Did you sit upon the sentence day that is the Evidence which was the 27th of January You are not bound to answer me But if you will not we must prove it Do you confess that Scr. I do not confess that I stood up as assenting to the Sentence Mr. Clark called Coun. Mr. Clark what say you to that Clark I did not take particular notice of him that day that he stood up but the whole Court stood up to my apprehension but I took notice that he was there then present Coun. Mr. Clark do you remember that you saw any of them sit Cl. I did not take notice of any that sate then but all stood up to my thoughts Mr. Carr called Coun. Mr. Carr tell my Lords and the Jury whether you did see the Prisoner at the Bur sitting in that which they called the High-Court of Justice Carr. My Lords and Gentlemen of the Jury the 22. 23. and 27th of Jan. 1648. I was present when the names of that they called the High-Court of Justice were called and amongst others that were Judges of that Court as was printed in a Paper which I then had in my hand Mr. Carr looked in that Paper when he gave this Evidence I found the name of Mr. Aâ— Scroop who I saw did there sit and appear Scroop I hope you will not take any Evidence from a Printed List Councel The manner of his Evidence is he saith this That he had this Printed Paper in his hand when the names of that Court were called and marking the persons in that Paper who were present and that you were one of them who did appear Scr. My Lord I shall not dispute in regard of my want of skill in the Law the Lawfulness of bringing in any Paper in Evidence into the Court I shall not dispute against your Lordships But by your favour I do suppose there is no witness ought to use any Paper or look upon any Paper when he gives Evidence but I shall submit it to your Lordships Mr. Solicit Ask him the question without his Paper but yet nothing is more usual than for a Witness to make use of a Paper to help his memory Scroop The Gentleman that spake last I cannot hear him Mr. Sol. We do not need his Paper in this Case he will tell it without a paper Mr Carr speak without a paper Carr. My Lords upon the calling of those that were Judges in that Court which they called the High Court of Justice then sitting this Gentleman the Prisoner at the Bar did answer to his name then called Scr. Did you see me Carr. I heard you answer and saw you Scroop I pray he may be asked where about I sate in that Court Councel Mr. Carr you hear the Question answer to it Carr. I am not able particularly to tell now it being many years since Scroop My Lord observe of what value this Evidence is I am sure I never was in his company I do not know that ever he saw me in his life I beseech you give me leave to plead for my self in all humbleness and modesty my Lord. L. C. Bar. Notice is taken of it Mr. Scroop God forbid
you should be debarred of it Scr. I say he comes in with Evidence of a Paper he heard my name called and marked it It is strange that a Gentleman whom I never saw I know not his name nor I do not think he knew my name if he had met me L. C. Bar. I told you that was laid aside and you heard him speak Viva voce without a Paper Coun. Mr. Kirk did you see the Prisoner at the Bar in that Court which they called the High Court of Justice for Tryal of the late King Kirk My Lords and Gentlemen of the Jury I did see the Prisoner there and I did wonder to see him there which was the reason I took the more special notice of his being there Scr. Pray my Lord let me intreat one thing before he speaks That your Lordships will be pleased to speak to him to give in his Evidence without any speech Coun. How can that be Can he give Evidence without speaking Scr. I beseech you my Lords give me leave to say this Let him give in his Evidence in plain words without any speech L. C. Bar. Mr. Scroop he must be excused there are Circumstances inducing which are as much as the Principal this that he hath said is very material saith he I did see the Prisoner at the Bar there I did not expect it and wondered at it and therefore took the more notice Let him go on ask him what question you will Scroop My Lord I submit L. C. Bar. Mr. Kirk you must speak the truth and the whole truth go on Kirk I say as I said before I saw this Gentleman sitting in that which they called the High Court of Justice and I did therefore wonder at it because I did not expect him there I came to know him formerly as he was called Captain Scroop Coun. Go on K. And as I said before I saw this person this Prisoner at the Bar sit amongst the rest of those persons Judges as they called themselves of the High Court of Justice for the Tryal of the King I did more particularly take notice of this pâ—rson because I did not expect him there I knew him formerly upon this report being an Eminent Man by the name of Captain Scroop and at that time was an Associate of one Captain Vivers and Captain Wingham I had not seen him some years before this business and seeing of him there I did the more particularly take notice of him Scr. Have you done Sir I beseech your Lordship ask him what imployment he had there himself when he saw me there K. My Lord I was there to hear the Tryal Lord Chief Baron Mr. Scroop I am not willing you should have any thing of interruption unless you reflect upon any person that concerns not you Mr. Scroop do not think it will be for your advantage nor is it proper for you to ask Scroop In all humbleness I do speak it to your Lordships that your Lordship will please to consider that if he had any imployment in that business himself how unfit a Witness he is against me Court Much fitter Scr. If it be so I have done Kirk My Lord I was there only as a Spectator I went only there to see and hear what was there to be seen and heard I stood there and took Notes in Characters of the Proceedings and several others with my self did the like and we compared them together that was all my business at that time and I saw him sit there the 27. day of Jan 1648. which was the day of the Sentence against the King Scroope Where abouts did you see me sit there Kirk It is not I think imaginable that any person should be able after so many years possibly to say where any person sate but to the best of my remembrance you sate upon the second Bench next the President But I dare not be positive in that I dare not justifie it upon my Oath it is but my remembrance Here Mr. Scroope talk't to one that stood near him L. Chief Baron We must desire that of you Mr. Scroop that you will not speak to any here but what the Court may hear Scr. I shall observe your Commands Mr. Coitmore sworn Councel Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice as a Judge upon the King Coit I did see him Councel When what day Coit I cannot name the day I was there three dayes of their sitting there I saw him once or twice once I am sure Scr. What day Coit I cannot remember Councel Did he sit there as a Judge upon the King Coit He sate amongst the rest as a Judge Scr. Give me leave to ask him whereabouts he saw me sit Councel Where did you see him sit Coit I cannot remember the place he was among them I saw him either one or two dayes there was a great company of them together Councel Mr. Nutley Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Nut. If it please your Lordships I was there in the Court those four several dayes that they sate in Judgment I heard the Prisoner at the Bar called by his name I did take notice he was there truly I think he was there twice or thrice to my remembrance Councel Can you tell what day whether the 27th of Jan. 1648. Nut. I cannot say positively but to the best of my remembrance he was there that was the last day when Judgment was given Mr. Baker sworn Councel Mr. Baker what say you did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Baker Yes I did see Col. Scroop on Tuesday the 23. of Jan. 1648. very particularly stand up and answer to his name Councel Mr. Coitmore are you acquainted with Col. Scroop's hand Coit I have had several Letters from him Councel Mr. Scroop have you a mind to see the Warrant for summoning the Court Scr. I desire to see it I do not remember I set my hand to it Court Shew it him It being shewed him Scr. I cannot say it is my hand Councel It is too true we shall prove it to you Court Shew it to Mr. Coitmore Scr. Be pleased to let me see it once more which was again shewed him Truly my Lord I will save him the labour Councel You do acknowledge it was your hand Scr. I 'le save him the labour for I confess I do not love Men should be put to their Oaths more than needs Here likewise the Warrant for Execution was read Coun. My Lords we shall conclude our evidence with Major General Brown the Lord Mayor Elect. The Lord Elect sworn Coun. My Lord be pleased to tell my Lords what discourse hath lately passed between the Prisoner at the Bar and you concerning the death of the King Lord Elect. My Lords upon some occasion I was accidentally at the Chamber of the Speaker
writing The Warrant shewn him Mr. Nutley I do verily believe it is Coun. Have you been acquainted with the writing of his name Mr. N. I have seen him write his name and do verily believe it to be his hand Coun. Clerk read the Warrant He read it accordingly Coun. That which remains of our Evidence is to prove his boasting of this villany We shall desire you to hear Sir Theophilus Biddolph Sir Theo. Biddolph sworn Coun. Pray tell my Lords and the Jury what you have heard the Prisoner say touching this business of putting the King to death Sir Th. Bid. I did hear him confess that he did sit as one of the Judges of the late King and that he was so far from repenting of the Act that he did desire when he dyed That a Tomb-stone might be laid over him with this Inscription Here lyes Thomas Scot who adjudged to death the late King Coun. Where did he say this Sir T. B. In the Parliament House Coll. Copley Esq sworn Coun. Pray Mr. Copley tell my Lords what you know of this business Mr. Cop. My Lord I was one of the Secluded Members when we were called to sit in the House again the Prisoner at the Bar Mr. Thomas Scot I think it was the last day we sate there being some speaking of the horridness of the Fact he made a long Harangue about that horrid Act and he said He hoped he should never repent of it and desired that when he dyed it might be written upon his Tomb-stone Here lies Thomas Scot who adjudged to death the late King Coun. We have done with our Evidence Court Sir Theophilus Biddolph When was it you heard him speak those words Sir T. B. To my best remembrance it was in Richards Parliament it was about January or February was twelve months Coun. Were not you a Member for the City of London in that Parliament Sir T. B. Yes Coun. Mr. Copley When was it that heard it Mr. Cop. It was in April last Mr. Soll. Gen. It was a settled perswasion of his heart and he thought it fit to be gloried in The Lord Mayor Elect sworn Coun. Pray my Lord tell my Lords what you know concerning the Prisoner at the Bar. Lord M. Elect. My Lords I was one of those Secluded members that were returned again a little before the coming in of His Majesty Upon the last day of our sitting Mr. Scot seeing the House must break said Their heads must be laid to the Block if there were a new Parliament For said you looking on Mr. Scot I confess I had a hand in putting the King to death and I desire all the world may take notice of it and I desire when I dye it may be written on my Tomb I do not repent of any thing I have done if it were to do I could do it again Mr. Soll. Gen. Do it again He follows his blows home William Lenthall Esq sworn Coun. Mr. Lenthall pray be pleased to tell my Lords and the Jury what you do remember of any discourse of Mr. Tho. Scot the Prisoner at the Bar tending to the glorying in this Act or any thing in Justification of that Act. Mr. Lenth My Lords the last day it was the last instant of time We were resolving of breaking the House there was some opposition in it not very much The general consent of the House was to dissolve it I must confess at that time I did hear Mr. Scot much justifie that Act of the death of the King which truly I was much offended at I confess to you upon my Oath touching his Speech of the Inscription upon his Tomb I did not hear that Justifying the death of the King he made a long Harangue about and he â—â—e at the upper end of the Gallery but these words Of â—â—ving it written upon his Tomb and to have all the world take â—â—â—ice of it I do not remember Coun. My Lords my Lord Mayor Elect omitted something pray let him speak to it Lo. Ma. Elect. My Lords the Conclusion of his Speech ended thus Being it is your pleasure to have it so the House Dissolved I know not how to hinder it but when that is done I know not where to hide this hated HEAD of mine Coun. We desire to hear what the Prisoner will say for himself Scot. I have no certainty from the Witnesses that I was there but in a wandring way they know not where I sate nor my posture Mr. Baker sworn Coun. We do not call this Witness as material for we must insist upon it quite through that after 12. years time it is not possible a Witness should remember where every particular person sate Pray hear this Witness Mr. Baker I do perfectly remember That Mr. Scot sate two rows above Mr. Bradshaw on his left hand in that which they called the High Court of Justice Scot. As to the Warrant you speak of I know not what it signifies I desire to know what the nature of it is Coun. The Warrant hath been read it is not produced against him as a Record for then it needed not be proved but it is produced against him as an evidence in writing under his own hand that he was consenting to the death of the King Scot. They may very much mistake my hand You speak of words that I should utter in Parliament I do humbly insist upon it That I am not to answer nor they alledge any thing of that nature It is a high breach of Priviledge Coun. There is no priviledge of Parliament for treason First some of the words were spoken in Richards Parliament that you do not own to be a Parliam then another thing a known rule in Law there is no priviledge of Parliament for treason Scot. I have heard the Rule but do not so well understand it of that spoken in Richards Parliament it will be a nice thing for me to distinguish between that and another Parliament but this I think That Convention of the people onght to have the Priviledge of the Parliament as well as any other I humbly conceive it was testimony ought not to be given to you Whatever I say in Parliament the Priviledge extends to no more than this that I may be lawfully secured till the Parliament hath been acquainted with it but not finally concluded till the Parliament have heard it Lo. Ch. Bar. You are Indicted for Compassing and Imagining the death of the King I would have you understand That in case a man should commit an Act of Treason be it in what place soever there is no place of Sanctuary for Treason In case of Felony if a man be Indicted for Felony in the Parliament House during the time of Parliament this is not to be tryed in Parliament but according to the Rule of Common Law So in case of Treason the House of Commons in Parliament doth not try Treasons That distinction which you make is nothing Scot. I humbly conceive there is
compass of it according to his Royal Word and Honour in it you will have the benefit of it but it is not a Plea in Law but it must be a Pardon under Seal whatsoever concerns that Proclamation will be considered It is nothing to the matter whereupon the Jury are to go Lord Chief Baron Gentlemen of the Jury you see the Prisoner Tho. Scot stands Indicted for Compassing and Imagining the death of our Dread Soveraign King Charles the First of most glorious and blessed memory He is Indicted for Compassing and Imagining his death there is the Treason and what is set afterwards in this Indictment is only to manifest this Compassing and Imagining because that being in the heart alone without some overt Act no body can prove it There are several overt Acts laid in the Indictment one is A Trayterous consulting and meeting together how to put the King to death Then a sitting upon the King as a Prisoner being before them about his life and death The third is Sentencing to death that which followed is That he was Murthered If any of these acts should be proved the Indictment is proved for the proof there are several Witnesses have fully proved that he did sit there several times particularly upon Jan. 27. which was the day of the Sentence That he did sit there all of them agree to that It is true as to the Circumstance where he sate one Gentleman saith he sate in the second Row on the left hand of Bradshaw you well remember it is 12. years ago how any man upon the view and after so long a distance of time should he able to remember in what posture one man was from the rest I think neither you nor I can remember Here is one proved to you that he did sign that Warrant for Executing the King he saith How can another know his Hand You see what the Witnesses say they knew it a man can prove nothing more of another mans Hand than that unless they see it written there is nothing to put upon you but his words You see what words are aggravated against Mr. Scot Whereas he saith It is a breach of the Priviledges of Parliament if it were so it is nothing to this Fact though another man should break the priviledges of Parliament it is nothing to you but besides it is not a breach of the priviledge of Parliament You have heard the Witnesses what they have said against him Mr. Lenthall swears that he did speak at large fully in owning that business of the Kings death The rest swear positively to the same effect and that at several times What was that He gloried in it defended it and said He could wish it were Engraven on his Tomb stone he hath denyed this that the Witnesses have proved That which is lest to you is whether upon all this matter that you have heard Whether the Prisoner at the Bar is Guilty of Compassing and Imagining the Kings death and so go together After a little Consultation together they setled in their places again Clerk Tho. Scot hold up thy hand Look upon the Prisoner at the Bar How say you is he Guilty of the Treason whereof he stands Indicted or not Guilty Jury Guilty Cl. Look to him Keeper Cl. You say the Prisoner is Guilty c. and so you say all Jury Yes Cl. Set Mr. Scot aside Clerk Set John Jones and Gregory Clement to the Bar. Which was done accordingly Thereupon the said Gregory Clement preferred his Petition to the Court. Indictment read against them both Lo. Ch. Bar. If you do confess your Offence your Petition will be read Clem. I do my Lord. Lord Ch. B. Mr. Clement if you do confess that you may understand it you must when you are called and when the Jury are to be charged You must say if you will have it go by way of Confession That you Wave your former Plea and confess the Fact Clerk Gregory Clement you have been Indicted of High Treason for Compassing and Imagining the death of his late Majesty and you have pleaded not Guilty Are you contented to wave that Plea and confess it Clem. I do confess my self to be Guilty my Lord. Clerk Set him aside Clkek John Jones hold up thy hand These men that were last called c. if you will Challenge all or any of them you must Challenge them when they come to the Book and before they are sworn Jones I confess I sate amongst them some days but not maliciously contrived the death of the King Coun. He is troubled at the Form he confesseth the Matter That he was there sitting in the High Court of Justice If he will not confess it he knows we can prove his Hand and Seal to that bloody Warrant He is troubled that he is said to have Trayterously and Maliciously Contrived the Kings death He that doth these Acts towards it is by Law responsible as to the Malice Jury Sworn Sir Tho. Allen Sir Henry Wroth Sir Jer. Whitchott James Hawley Henry Mildmay Christ Abdy Nich. Raynton Richard Cheney Tho. Bide Charles Pitfield Abraham Scudamore Charles Pickerne in all 12. Cl. Cryer make Proclamation Cryer If any man can inform c. Cl. John Jones hold up thy hand Look upon the Prisoner c. Mr. Soll. Gen. My Lords and Gentlemen of the Jury I must open to you as to other Juries that the short Point of this long Indictment is but this That the Prisoner at the Bar did Imagine and Compass the death of the King which is your Issue to Try We shall prove it by those overt acts which the Law doth require To prove the Sitting Sentencing and Signing the Warrant for Execution by the Prisoner at the Bar. Coun. Call Mr. Clark and Mr. Carr and Holl. Symson who were sworn Mr. Symson did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Sym. I did see Mr. Jones sit divers times both there and in the Painted Chamber Jones I do confess I sate divers times Coun. Did he sit the day of Sentence Sym. I cannot say it Coun. Mr. Clark you hear the question Pray answer my Lord. Clark My Lords and Gentlemen of the Jury I was there the 27. of Jan. 1648 I saw Coll. Jones there several days before but I did not see him that day his name was called but I do not know whether he was present Coun. Mr. Carr did you see him sit on the 27th day which was the day of Sentence Carr. My Lords he answered to his name some days I am not able to tell what day Mr. Nutley Sworn Coun. Can you tell whether the Prisoner at the Bar was present in that which they called the High Court of Justice Nutley The Prisoner at the Bar was several times in the Court which was called the High Court of Justice truly I cannot say whether he was there the 27th day the day of the Sentence The Warrant for Summoning that
Court being shewed Coun. Is that Mr. Jones's Hand the Prisoner at the Bar set to that Warrant Nut. I have been acquainted with his Hand I do believe it is The Warrant for Execution was also shewed Coun. Is that the same Hand-writing Nut. Yes I believe it is he hath written several Letters to me Mr. Hartlib Sworn Court Mr. Hartlib do you know Mr. Jones's Hand Har. I never did see him write but I have seen several Letters out of Ireland and other Papers which have been supposed to be his Hand-writing This seems to be like that which was reputed to be his Hand Coun. Mr. Clark do you know Mr. Jones's Hand-writing Cl. I have seen several Letters of Col. Jones and these are like his Hand-writing I do believe they are his Hand-writing Mr. Jones looks upon them both and confesses they are like his hand-writing Coun. We have given our Evidence What do you say for your self before Charge be given to the Jury Jones I have little to say your Lordships have already heard what is to be said in this Case I have nothing to say to the point I am not fit to plead any thing especially in matter of Law I must wholly put my self upon the Lord and this Honourable Court and Jury Lo. Ch. Bar. Gentlemen of the Jury here is this Prisoner John Jones stands Indicted for that he with others did Compass and Imagine the Kings death that is the substance of the Indictment The Indictment sets forth several Acts each proving the Compassing and Imagining the Kings death One of them is that he did consult and meet together and propound how the King should be put to death The second is they did assume a power to Judge the King The third is that they did actually sit upon him And the last of them is that they sentenced the King and afterwards the King was murthered The whole substance is whether he did Compass and Imagine the Kings death If any one of these particulars that are alledged for the overt acts be proved you are to find the Indictment He hath confessed very Ingenuously that he did sit upon the King that he did sit in that Court and so there is an overt act proved if nothing else you ought to find him guilty of this Treason There is further Evidence though not any Evidence of his sitting the last day of the Sentence you have had three comparing similitudes of hands to prove that he did sign that Sentence that horrid Instrument whereby the King was ordered to be put to death one of them having received Letters from Ireland and others acquainted with his hand say that it is like his hand he hath so confessed the likeness of his hand but he saith he doth not remember he signed it As to you of the Jury there is no more to be considered if any one of the acts do appear true to you that is sufficient to find him guilty though he were not guilty of all but that he did Compass and Imagine the Kings death is clear in sitting and signing the Warrant for the other whether you shall find that he did sentence the King that must be left to you Whatsoever it is still it is the same if any one be proved you ought to find him guilty of the Indictment which is the Compassing and Imagining the Kings death I think you need not stir from the Bar for he hath confessed it The Jury went together and after a little Consultation returned to their places Clerk Are you agreed of your Verdict Jury Yes Cl. Who shall say for you Jury Our Foreman Cl. John Jones hold up thy hand Look upon the Prisoner at the Bar. How say ye is he guilty c. Foreman Guilty Cl. Look to him Keeper Cl. You say the Prisoner at the Bar is guilty c. and so you say all Jury Yes Cl. Set all that have been tryed this day to the Bar. Lord Ch. Bar. Mr. Scot I must speak a word to you you made mention of the Kings Proclamation for pardon and you did desire the benefit of it As I told you before so now again That it was not proper for us upon that Proclamation to give any allowance by way of Plea because the Pardon ought to be under the Broad Seal but God forbid but just and due Consideration should be had of it with honour so far as you are comprehended within it Though Judgment shall pass no Warrant for Execution shall go out against you till consideration be had how far you are within the Compass of that Proclamation and the like to you Mr. Scroop Clerk Adrian Scroop Hold up thy hand Thou hast been Indicted of High Treason and hast thereof been found guilty What canst thou say for thy self why Judgement should not pass for thee to dye according to Law Scroop I do humbly submit to his Majesties mercy Cl. John Carew Hold up thy hand Thou art in the like Condition with the former what canst thou say c. Carew I commit my cause unto the Lord. Cl. Thomas Scot Hold up thy hand thou art in the like Condition with the former what canst thou say c. Scot. I shall only say I do only cast my self upon his Majesty and pray mercy Cl. John Jones Hold up thy hand thou art in the like Condition with the former what hast thou to say c. Jones I pray his Majesties Clemency Cl. Gregory Clement hold up thy hand Thou standest Indicted of High Treason and thereunto hast pleaded guilty What canst thou say c. Clem. I pray mercy from the King Lo. Ch. Bar. You that are Prisoners at the Bar Ye see the Sentence of death is now to pass against you and for ought you know or we know yet may be nearer than you are aware How soon it will be executed we know not when you have reflected upon your own consciences many of you could not chuse but look there and see as in a glass the foulness of this horrid Offence It is the Murther of our most gracious Soveraign King Charles the First of blessed memory a Prince whom we such of us as had the honour personally to attend him knew was of such parts and vertues if he had been a private man more could not have been desired truly what he did as a King his Clemency how it appeared at first in this Princes time If you look what Peace and Prosperity we enjoyned in his days we will not find it in other Kings times You had not a Noble-man put to death save one and that for an Offence which must not be named A Prince that had granted so much You may remember what was granted before the beginning of these Wars Grievances complained of Star-Chamber High Commission Court Ship money The Claim of Stannery c. All these were taken away What Concessions he made after in the Isle of Wight how much he wooed and courted the people for Peace I urge this unto
you only that you would lay it to your hearts that you would consider what it is to Kill a King and to kill such a King If any of you shall say That we had no hand in the actual Murther of the King remember that they that brought him to the Bar were all one as if they had brought him to the Block as St. Paul confessed though he held but the Clothes he killed the Martyr Stephen You are shortly to appear before Gods Tribunal and I beseech God Almighty that he will give you and us all those hearts that we may look into our selves No fig-leaves will serve the turn whatsoever you have said now as Prisoners or allowed to say for your own preservation in point of Fact Notwithstanding it will not serve before God Almighty All things are naked before him Lay it to your hearts God Almighty though you have committed these foul and horrid sins yet he can pardon you as he pardoned that murther of David I speak it to you that you may lay it to your hearts I am heartily sorry in respect you are Persons of great Civility and those that I know of very good parts and this I must say That you will consider with your selves if any of you have been led away though it were with his own conscience if any of you did it as you conceived in conscience remember that our Saviour saith The time shall come when they will persecute you and kill you and think they do God good service I have the Judgment of Charity possibly some of you did it in this kind and this is less than doing it wilfully others might do it by a mis guided Conscience there is a spiritual pride men may over-run themselves by their own holiness and they may go by pretended Revelations Men may say I have prayed about such a thing I do not speak it with reproach to any If a man that should commit a Robbery or Murther meerly because he will and should come and say I have prayed against it and cannot understand it to be a sin as one in Shropshire did and yet notwithstanding killed his own Father and Mother try your own spirits you must not think that every Fancy and Imagaination is conscience Men may have a strange fancy and presumption and that they may call conscience Take heed there is a spiritual pride the Devil doth many times appear like an Angel of light do not rest upon that self-confidence Examine your hearts consider the Fact by the word of God That is the rule the Law is to be applyed to it Eccles 8. Where the word of a King is there is power and who can say unto him What dost thou that is to shew the power of Kings in Scripture Remember withal that of David in Psalm 51. that penitential Psalm when he had committed that horrid sin against Vriah Remember what he said being a K. Tibi soli peccavi Against thee only have I sinned Truly it being in such a Case I speak it as before God almighty according to my duty and conscience I wish most heartily as to your Persons I pray God to give you that grace that you may seriously consider it and lay it to heart and to have mercy upon you and to forgive you And this is all that I have to say and now not I but the Sentence of the Law the Judgment which I have to give against you is this You Prisoners at the Bar the Judgement of the Court is and the Court doth award that you be led back c. And the Lord have mercy on your Souls Clerk Cryer make Proclamation Cryer O Yes c. All manner of Person c. Jurors and Witnesses to appear to morrow morning at seven of the Clock at this place So God save his Majesty Session-House Old-Bayly Octo. 1â— 1660. The Courts being Assembled Proclamation was made Clerk of the Court. Set Cook Peters Hacker and Axtel to the Bar They being brought the Keeper was afterwards ordered to take back all except M. Cook Cl. John Cook hold up thy hand c. Jury Sir J. Whitchcot James Hawley Jo. Nichol of Henden Tho. Nichol F. Thorn Edw. Wilford Wil. Gumbleton Jo. Shelbury Tho. Jenney Tho. Willet Sir H. Wroth Rich. Cheney of the Jury called and Sworn Mr. Cook May it please your Lordship I do not know any of these Persons I beseech your Lordship that in regard the safety of my life depends upon the indifferency of these Persons that your Lordship may demand of the Sheriff to know whether he hath not heard them say or any of them that they are preingaged I hope they are not and thereupon I have not challenged any Lo. Ch. Bar. Sir the Officer reads their names out of his Papers I suppose he doth not pick and chuse them I would not have him and I am sure he will not do you any wrong in that particular Cook My Lord I am satisfied Cl. If any man can inform c. Cl. J. Cook hold up thy hand Cook My Lords I desire Pen Ink and Paper Lo. Ch. Bar. Give it him Cl. J. C. Hold up thy hand You that are sworn look upon the Prisoner You shall understand c. Here the Indictment was read as before Mr. Soll Gen. May it please your Lordships and you Gentlemen that are sworn of this Jury the Prisoner at the Bar stands Indicted for High Treason for Compassing and Imagining the death of the late K. of Blessed Memory The indictment sets forth That he together with others did assemble at Westminster Hall and sets forth many other particulars of sitting sentencing and of the consequent Death and Murther of the King The matter and charge of the Indictment is for Compassing and Imagining the Death of the King the rest of the Circumstances of the Indictment are but alledged as overt acts to prove the Imagination which only is the Treason This Prisoner at the Bar stands here Indicted for this Treason of Compassing and imagining the late Kings Death My Lord his part and portion in this matter will be different from those that have been tryed before you they sat as Judges to sentence the King and he my Lord stood as a wicked Instrument of that matter at the Bar and there he doth with his own hand subscribe and exhibite a charge of High Treason a scandalous Libel against our Soveraign to that pretended Court to be read against him as an accusasion in the name of all the people of England when he had done that he makes large discourses and aggravations to prove if it had been possible innocency it self to be Treason When he had done he would not suffer his Majesty to speak in his defence but still took him up and said that he did spin out delays and desired that the charge might be taken as if he had confessed it He pressed the Court that Judgment might be given against the King he was the man that did
witnesses say they believe it that it is like my hand that I leave to you if that appear yet My Lord that that is put in writing as done by another that is the Dictator and does dictate unto me I humbly conceive that for any man to write words which in their own nature may be Treasonable if he doth but write them by the command of another by speaking them after another taking them upon rebound that is not Treason because they do not discover a trayterous heart Those words of compassing the death of the King in the 25 Ed. 3. they are secret imaginations in the heart and they must be manifest by some overtact that which was dictated my Lord unto me that I had expresly prescribed me what I should say what words I should say That I did not invent any thing of mine own head of my own conceit and therefore cannot properly be said to be malicious The next thing that I crave leave to offer is this that the pure and plain demanding and praying of Justice though injustice be done upon it cannot possibly be called Treason within the statute then I hope nothing that has been said against me will amount to Treason for the words in the natural grammatical plain genuine and legal sence will bear no other construction as I humbly conceive but that whereas those Gentlemen had his Majestie then in their power a Prisoner that it was prayed by me that they would do him justice I do hope that it will appear that I did give Bonum fidele Consilium It will appear I hope that some would have had a very voluminous and long charge that I was utterly against it as conceiving that it was not fit and requisite that any thing should be put in at least I durst not invent one word my self but what was expressed in the Act for tryal if your Lordships will not admit it an act you will an Order and so it will bear me forth at least to excuse me from Treason because I kept my self to the words whereas in that it was said that they should proceed according to the merits of the cause I was against that that I did not understand that but according to Justice that is but according to Law because the Law is the rule of Justice I do humbly hope my Lord that if by Law when words may be taken in a double sence they shall always have the more favourable interpretation much more when the words in the legal sence will bear it when it is prayed they will proceed according to justice I hope it will not be inferred there was any intention of doing injustice when justice was required And therefore my Lord the next word what I would offer is this if my Lord in all Tragedies which are as we call them judicially or colourably there are but these four Actors Accusers or Witnesses The Jury Judges and Executioner If I be none of these I cannot be Guilty of Treason I hope I may safely say according to Law that I had not a hand at all in his Majesties death My Lord the Court and Councel it is very true they do aim at the same thing the Councel Requireâ—â—â— Justitiam the other Exequendo Justitiam the end being the same to have Justice If when justice be demanded and injustice be done what is that to the Councel we read to of John concerning Pilate Knowest thou not speaking to Christ that I have power to crucifie thee and have power to release thee My Lord I humbly answer this to that which seems to be the most material part in the Indictment that We did assume a Power My Lords I did not assume a power I hope it will not be said that the Councel had any power Eloquentia in the Councel Judicium in the Judges and Veritas in the Witnesses 25. Acts. Tertullus that eloquent Orator accused Paul Paul answered for himself and it is said Festus being willing to do the Jews a courtesie he left Paul bound it was not the Councel that left him bound His Majesty was never a Prisoner to me and I never laid any hands upon him if any witnesses have spoke of any irreverence I must appeal to God in that I did not in the least manner carry my self undutifully to his Majesty though one of the Witnesses was pleased to say that I said these words that there is a Charge against the Prisoner at the Bar It was not said the Prisoner at the Bar there was not one disrespective word from me There is a Case in the third Institutes of the Lord Cook it is to this purpose That one wilfully and knowingly forswore himself the Case was put to inveigle the Court and though the Court does injustice upon a false Oath it is not injustice at all in the Witness it is Perjury in him if there can be no injustice in a Witness much less a Counseller can be said to have his hand in the death of any because he has no power at all this must needs follow that if it shall be conceived to be Treason for a Counseller to plead against his Majesty then it will be Felony to plead against any man that is condemned unjustly for Felony The Counsellour is to make the best of his Clients cause then to leave it to the Court it is said I should demand judgement I do not remember that I leave it to you but still to demand Justice Counsellers they do ingage in business before they do rightly understand the true matter of the fact it is part of a Serjeants Oath that so soon as he does discover the falsity of the Cause he should forsake the Cause My Lord by what Mr. Nutly hath said it appears and I have many Witnesses in the Countrey three or four in Leicestershire would have spoken full to this that my Lord there was not before the Sentence of the King to the best of my knowledge a word spoken by any that they did intend to put him to death I say to my knowledge and my Lord when Judgement is demanded is it not twofold of Acquittal and Condemnation if those that then were entrusted with the power of Judicature if they did not know any Law to proceed by to take away his Majesty then I demanding their Judgement it doth not appear to be my Judgement and I refer it to the learned Councel that Councel many times at the Assises and other Courts have been sorry that the Verdict hath been given for their Clients when they have known the right lay on the other side and so I might in this The next thing I humbly offer is that if in right reason considering the condition his Majesty was then in the advising to draw up the Charge was rather to be looked upon as a matter of service than disservice then it cannot be called Treason it is very true my Lord that a very small little Overt act will amount to a
least question the Legality of this Parliament yet my Lords to this particular purpose whether the Parliament that was to except ought not to be a Parliament that was to be called accoring to his Majesties Writ according to the Laws of the Kingdom I humbly conceive it will bear that though His Majesty is pleased to confirm this yet it is not such a Parliament that was to except that I offer to your Lordships My Lords that that I would humbly make hold to put for my self because it is the priviledge of one in my condition is this There is my Lord many Lords the Earl of Essex the Earl of Southampton and others that were adjudged in the 44 of Eliz. 3. institutes they did trayterously and maliciously conspire to take her Majesty Prisoner and to remove her Counsellours from her which were found guilty and suffered accordingly the reason is That because thereby if it had been done they had despoiled her Maje of her Regal Government the case is instant in Philip who was a nominative King that it was not Treason to have attempted any thing against him My Lords his Majesty being a Prisoner without any hand of mine I giving advice according to what was dictated to me to bring him to that tryal whereby he might have been acquitted and so set at liberty I hope that will not be said as instrumental My Lords I humbly shall offer but two words 1. to honourable Court then to the Jury the words of 25 E. 3. and so the exposition of the learned Judges have been from time to time that there shll be no semblable Treasons made by presumptions or strains of wit but those Treasons specified there It is said if a Husband do kill his Wife or a Wife kill her Husband a Master should kill his Servant or the Servant should kill his Master that that shall be petty Treason a Child did kill his Father though that was looked upon as a great sin yet the Judges do not presume that to be Treason because it was not in the very words this being an extraordinary Case to write a thing after another doth not appear there was a malicious heart in him that did write There hath been the Act of Parlia that doth call these Courts Tyrannical and Unlawful Courts but my Lords a Tyrannical and Unlawful Court is a Court de facto though not de jure if a Court be not a just and lawful Court it cannot be said but that it is a Court we say a Thief is a true man though morally he is not so this was a Court Officers attending on them some said they had Authority therefore for one to come and act within his Sphere not to act out of that nor to do any thing but what he had a prescript form appointed him I hope that will not be found to be within the letter of the Law I have been told how true I cannot tell that there have been some votes in the honourable Parliament that those that did only counsel or advise those were not to be looked upon as Traytors I have been told so that those that did only speak as Councel for their Fee who were not the contrivers of it the Parliament did not intend they should be left to be proceeded against Court That Letter that was sent from the Commons to the King at Breda they speak first of the violation that was put upon the Parliament and of the base horrid Murther of his late Majesty It is said that the Parliament I conceive they meant of the remaining part they were not guilty but some few ambitious bloody guilty persons who contrived the same and others misled by them Cook The other matter of Law is this I say that I do hope that though that order which I was about to produce concering my acting that if it may not in a legal sense any way be said to be an Act of the Parliament and Commons yet it may be said to be such an order to bear out those that did Act according to it because there was then no other authory de facto otherwise it were not lawful for any man to exercise his profession during such a Power I hope Councellors might then exercise their profession aswel as others My Lord though I should suffer my self in this case I should be loth the honourable profession of the Law should I think I was in my Sphere acting as a Counsellor Now Gentlemen of the Jury that which I have to say to you is an evidence concerning matter of life it must be so clear that every one that hears it may understand it It is called an evidence because it is evident it is one reason why Prisoners for their lives are not allowed Counsel for matter of fact because the evidence is and ought to be so clear and plain that every one should be satisfied both Jury and standers by and it is a proper word to say the Prisoner is convicted that is as much as his mouth is stopped and therefore I say truly as I hope I may speak it to you without offence as Jeremy in another Case when some of the people would have had them put him to death as for me behold I am in your hand do with me as seemeth good and meet unto you 26. Jer. 14 15. ver saith he But know ye for certain that if ye put me to death ye shall surely bring innocent blood upon your selves I hope you will not willingly be Guilty of any such thing I must leave it to your consciences whether you believe that I had an hand in the K. Death when I did write but only that which others did dictate unto me and when I spoke only for my Fee and this I would be bold to say though the argument is not so directly confessed that humane Justice I do first say as this my principle and opinion is that as every man ought to pay his moral debts so all political debts there is a debt due to human Justice so political if the Lord should have suffered me to have been drunk and kill'd a man for which I ought to have died in stead of speaking for my self I would have rather intreated the Jury to have found me Guilty I think these things ought to be answered political debts when I was in Ireland and had opportunity of going away if I thought I had been Guilty I might have done it my name is put into his Majesties Proclamation It is true I was a prisoner three or four months before so that I could not render my self to what end should that Proclamation mention my name it was laid I obscured my self but I did not humane Justice doth never punish so much for expiation as for prevention The judgements of the learned Aquinas Grotius and Amesius and many others that if a man doth kill a man commit any thing worthy of death though he doth repent never so much yet that others may
terms for taking away the King comparing the K. to Barabbas He was instrumental when the Proclamation for the High Court of Justice as they called it was proclaimed directing where it should be proclaimed and in what place When the King was brought upon the stage that mock-work he was the person that stirred up the Souldiery below to cry for Justice we shall shew you as he preached at several times upon several occasions still he was in the Pulpit to promote this business the next day after he was brought to tryal he commends it you shall hear all out of the mouth of the Prisoner therefore I say no more call the witnesses Dr. William Young sworn Council Tell my Lords and Jury what the Prisoner at the Bar has declared to you concerning the contrivance of bringing the King to Tryal Dr. Young My L. and Gentlemen of the Jury It was near about and that the Prisoner may remember the moneth of July 1648. since we came first acquainted when he went over to Ireland it was about the Siege of Pembroke Castle but afterwards in the year 1649. we renewed our acquaintance he went over into Ireland with that Usurper the late Protector as he was called after the Town of Wexford was taken coming over he fell sick of the flux and said he received it by infection praying over Captain Horton Coming into Milford that Captain sends a summons to me to come on board that was to fetch this prisoner at the Bar who was sick I found him there groveling upon the deck and sick he was indeed with much difficulty we got him on shore within a very few dayes to the best of my remembrance five days I perfected his cure We became very familiar I observed in him that he had some secret thoughts that I could not well discover neither well understand whereupon I thought it might tend to my security that I should so much sympathize with him to get within him to know his intentions After some weeks for he continued with me ten weeks or near thereabouts some few days rather over than under we grew so familiar that at last I found he began to inlarge his heart to me Many times I should hear him rail most insufferably against the Blood Royal not only against our Martyred King but against his Royal off-spring still as we continued our acquaintance he became more and more open to me so we would sit up discoursing till about twelve or one of the clock at night very often about these unhappy wars late in England At last my Lord I found him that he began to tell me how he came into England and upon what account he came out of New England I shall desire that in regard his discourses were various that I may deliver them orderly they were delivered to me within the compass of ten weeks but the days and weeks I cannot remember First he told me discoursing of New England and the Clergy there and much of the Clergy here in England and of the business here of reformation he told me that for the driving on of this interest of this Reformation he was imployed out of New England for the stirring up of this war and driving of it on this I shall my Lord speak to in the first place and that upon the oath I have taken and secondly he was pleased at another time to acquaint me and that by way of complement complaining then against the Parliament saying that sometime after he was come into Engl. he was sent over into Ireland by the Parliament to receive further instructions to drive on the design to extirpate Monarchy saith he I did dispend a great deal of my own money yet never had that satisfaction from them which they promised me that was they promised me 2 or 3000 l. for my journey and yet they have given me no more but only a small pittance of land out of my Lord of Worcesters estate in Worcester-shire I have seen his letters directed to his kinsman here in London as I take it his name was Parker advising him for the settling of this land and selling it Thirdly my Lord I have observed that by way of vilification of the Monarchical Government I have found him jocundarily scoffing at it and would ordinarily quibble in this manner saying this Common-wealth will never be at peace till 150. be put down I asked him what this 150. was he told me three L's and afterwards interpreted the meaning to be the Lords the Levites and the Lawyers with that said I we shall be like Switzers Tinkers and Traytors Now my Lord we are come to the last particular we discoursing thus frequently and withal he was then a Colonel and had a Commission under that Usurper Oliver and brought over his Commission for raising of Souldiers to foment that War in Ireland that it was so I appeal to the dictates of his own Conscience and whether he did not press me very importunately to accept of a Commission of Major or a Captain he did issue forth two Commissions under his own hand one of them to bring over from Devon-shire two foot Companies unto Cork My Lord because we were militarily affected amongst the discourses of our unhappy wars I know not how it came from him it being near eleven years since and I have had many sufferings incumbent on me so that I may fail in some particulars but in general thus it was we were discoursing concerning our Martyr'd King as then we call'd him and of his Imprisonment in Holmeby-House which I wondered at thus we discourst he told me the story how they had used him at Holmeby and at last came up to this when he was taken away from Holmeby House the Parliament had then a design to have secured O. Cromwel and my self being then in London saith he we having intelligence of it escaped out of London and rode hard for it and as we rode to Ware we made a halt and advised how we should settle this Kingdome in peace and dispose of the King the result was this They should bring him to justice Try him for his life and cut off his Head whether this was the expression of Cromwel I cannot tell but to the utmost of my remembrance and I am mistaken if it was not the advice of Mr. Peters to Cromwel and I believe it because his former relations of his instructions out of Ireland did tend to that effect Mr. Soll. Gen. I will ask you this question we will not press you particularly upon your memory whether Cromwel or Peters said the words do you remember he confessed to you they were agreed upon that matter Young They did consult and agree upon it Peters My Lord I desire to speak a Word his voice being so low he was brought to the second Bar. I am the bolder to speak to your Lordships at this time a word and it is high time to satisfie my conscience if these things were true
it is very sad but if you will go you may I did go over the Park Coun. What time Glover About noon Coun. What hour Glover I do not know I did not stay there the soldiers and the people fill'd the place and I went back again to the chamber I came back again within a matter of an hours time Coun. Was the King dead before you came back again Glover They said he was not when I went home he asked me what was doing I told him there was a great croud I could not come near I staid there an hour and then went out again and still there was a croud and I came back again and M. Peters was in his chamber then Coun. Was he in bed or up Glover I do not remember Coun. How old were you then Glover I am not above 32. or 33. Coun. Was Mr. Peters sick Gl. Yes He was melancholy sick as he used to be L. Ch. Bar. How long have you been at the Post-office Gl. About five years L. Ch. Bar. M. Peters have you any more to ask him Peters I brought him to testifie that I was not out of my Chamber that day and that I was sick L. Ch. Bar. Did you desire to go or did he send you Gl. I did desire to go being newly come to London Lord Ch. Baron This Gentleman though not upon oath is examined and it is only to one particular nothing at all to the main proofs Peters I bring him only to vindicate my self from that aspersion of my being upon the Scaffold L. Ch. Bar. They do not lay the weight of their evidence upon that The Kings Councel have done with their evidence if you have any thing to say you have your liberty Peters May it please your Lordships I will give you an account of the business I lived fourteen years out of England when I came over I found the wars begun I began no war my Lord nor have been the Trumpeter when I came out of the West Indies I fled from the War into Ireland to the Western part there and it was after the Rebellion when some of the Irish had been stirring there I went and spent my time there I was neither at Edge-hill nor Naseby but my Lord after I came over there was War that the people were engaged in I was not here in the beginning of it but was a stranger to the carriage of it When I came into the Nations I looked after three things one was that there might be sound Religion The second was that learning and Laws might be maintained The third that the poor might be cared for and I must confess I have spent most of my time in these things to this end and purpose there was a noise in all parts of some miscarriages in matters of Religion after it was setled I lived in Ireland I must profess for my own part solemnly that my carriage hath been upon these heads For Religion I have through Gods mercies spoke the truths of the Protestant Church upon this account I did stay to see what God might do I was sent over to his Majesty that we might have a little help in point of Excise and Customes and encouragement in learning My Lord this is true that I being here in the Nation and being sent over upon the occasions of the Countrey and not upon any design but this I say I cannot deny it that after I came over and had seen the state of England in some measure I did stir but by strong importunities the Ministers of London deeper than I I am very sorry to hear of my carriage towards the King it is my great trouble I beg pardon for my own folly and weakness I thought God had a great controversie with the Nation and the Lord was displeased on all hands that which some people took to I did take unto I went into the Army I saw at the beginning of it that corruptions grew among them I suppose none can say I have gone aside from any Orthodox truth of the Lord And now to take off the scandal upon me and to the business let me beg of your Lordships to consider whatever prejudices or revenge may take up mens hearts there is a God that knows all God hath a regard to the people of England I look upon this Nation as the Cabinet of the world That that doth concern the business is this my Lord that after this time hither I came and did bear witness to all the world that there was amongst us something that was for better and some thing worse for the Nation I took advice of some great persons concerning the weightiness of it I had neither malice nor mischief in my heart against the King upon this I did engage so far as being invited I went into the Wars and there I found very strange and several kinds of providences as this day hath been seen I do not deny but that was active but not to stir in a way that was not honourable I challenge a great part of the Nations to manifest my carriage among them I shall make it good divers ways I had so much respect to his Majesty particularly at Windsor that I propounded to his Majesty my thoughts three ways to preserve himself from danger which were good as he was pleased to think though they did not succeed and the work died as for malice I had none in me It is true there was a difference amongst us an Army and an Army I never had a groat or penny from O. Cromwel since I knew this place I profess I have had no ends for honour or gain since I set foot upon this shore I challenge any man that belonged to that party whether they had not the same respect from me as my own party I have not persecuted any with malice I will only take off malice L. C. B. Your business is matter of fact Peters I am unskilful in Law this that I offer is to shew that I had no malice in me I was so far from malice that I have a Certificate if worth the reading from one of the Eminentest persons in the Nation to shew I had no malice It is concerning the Marques of Worcester under his Ladies hand beginning with these words I do here testifie that in all the sufferings of my husband Mr. Peters was my great friend c. I have here a seal and then produced it that the Earl of Norwich gave me to keep for his sake for saving his life which I will keep as long as I live L. C. Bar. I am not willing at all to interrupt you or hinder you that which you speak of doing good services is not at all to the point we do not question you for what good you have done but for the evil you have done I hope there is no malice in your heart nor upon the Court nor Jury we and they are upon our Oaths you hear the matter alledged against you pray
keep up our Army seven years longer we need not care for the King and all his posterity Peters My Lord I must deny abundance of this the King commanded me to ride before him that the Bishop of London might come to him L. Ch. B. But this was three weeks after The next witness against you is one Proctor he saith that day as the other witness did he saw you riding just before the Kings Coach and because he did his duty the Souldiers threw him horse and all into a ditch The next witness is one Hardwick he saith that when the Proclamation was read he saw you in Westminster-Hall and that you said they had done as good as nothing unless it was proclaimed in Cheapside and at the old Exchange this you said to some of the Officers there Peters My Lord I cannot acknowledge it L. Ch. Bar. The next witness against you is Simson he swears he saw you in consultation with Oliver Cromwel and take Sir William Brereton by the hand and come to Bradshaws and this during the time of the Kings Tryal he saith further that one day when the King was at his Tryal you commanded Colonel Stubbers to bid his Souldiers cry out Justice Justice which they cryed and afterwards some of the Souldiers spit upon the King Peters I do believe that he that swore that cannot say I was there L. Ch. Bar. Another witness is one Richardson who saw you the first day in the Court and he said further that you commended Bradshaw and another to wit Cook for their carriage in the tryal of the King That you held up your hands and said this is a most glorious beginning of the work Peters Whereabouts in the Court Richards In the body of the Court called then the High Court of Justice Peters My Lord I do not know that ever I was in the body of the Court. L. Ch. Bar. The next witness is Sir Jeremy Whitchcot he saith he heard you often speak scurrilously of the King and making a Narrative of Cromwels escape you said there was a meeting and there we resolved to set aside the King remember what the other witness said we agreed and here we resolved you said I cannot but reverence the High Court of Justice it doth resemble the judging of the world at the last day by the Saints so it was the Saints that sate there I would have preached before the wretch but the poor wretch would not hear me you often call'd him Tyrant I cannot possibly remember the place things or words that are alledged Then you have another witness Nonnelly he saith he came with a warrant to Oliver Cromwel for some money and that he should say go and see the beheading of the King at Whitehall he saith there he met with you though you said you were not there that day going to the Banquetting house that you spoke to Tench and whispered in his ear and that Tench went and knockt Staples on the Scaffold he meeting Tench said what are you a Hangman saith Tench this day will be a happy day he saith after all this Hugh Peters was upon the Scaffold and that he went out with the Hangman Peters I do profess to your Lordships before Angels and men that I did not stir out of my Chamber that day L. Ch. B. The Council doth not put relyance upon that because of what your witness saith though his evidence is not at all satisfactory The next is Clough and he swears this that he saw you in the Painted Chamber with the Council of Officers and there you desired them to call on God for a blessing upon their business and there you said O Lord what a mercy it is to see this great City fall down before us and what a stir is there to bring this great man to tryal without whose blood he will turn us all into blood if he reign again and this was about a month before the King was murthered L. Ch. Bar. You hear it Mr. Peters Peters Some part I did but it is impossible for me to bear down many witnesses indeed my Lord I say this they are marvellous uncharitable and speak many false things L. Ch. Bar. The next is this the testimony concerning several Sermons of yours and let me tell you the Pulpit ought not to be a place where men with impunity may speak any thing what they list of Sedition and Treason Peters I am of the same judgement my self my Lord. L. Ch. Bar. And there was a solemn day to seek God then you preached at St. Margarets Church this was Mr. Bever in he came and heard you talk much of Barab and our Saviour there you fell upon this speaking of the K. it is a sad thing that it should now be a question whether we should crucifie our Saviour Jesus Christ or that great Barabbas speaking of the King you call'd him Traytor Tyrant Murtherer of his subjects and the like you went on in a way of a story these Citizens for a little Trading they will have Christ crucified and the great Barabbas at Windsor released and said you the Clergy the Assembly they are all for crucifying Christ and releasing Barabbas you made that expression O Jesus what shall we do the King was a Prisoner then at Windsor you made your application to the Parliament that was then present you told them the people did expect Justice from them you must not prefer the great Tyrant and Traytor naming the King to these poor hearts the Redcoats standing by Peters I must profess against most of that Lord Chief Baron There is the same by others It is further proved by the Order that you were appointed to preach Peters I do not deny I preached but not these things Lord Chief Bar. The next thing is this there was one Mr. Chase this was during the tryal he saith you preached at Whitehall upon this Text the 149. Psalm to bind their Kings in chains and their Nobles in fetters of iron you had two or three other verses more then you made a discourse of a Major and a Bishops man the Bishops man being drunk the Major committed him to prison the Bishop being angry asked by what authority the Major said there was an Act of Parliament for it he did not find that either the Bishop or his man was excepted you applyed that to the King said you I will shew you an act of the Bible Whosoever sheds mans blood by man shall his blood be shed this doth not except the King Prince Prince Rupert Prince Maurice or any of that rabble Peters It is false Lord Chief Baron You said further This is the day that I and many other Saints of God have prayed for these many years and Oliver Cromwel laughed at that time The next witness was Tongue he heard you preach and he swears the same with the former that you applauded the souldiers and that you hoped to see such another day following as the day before and
by law that the right of the Militia was in them and your Lordships will remember in several Declarations and Acts that was mutually exchanged between his Majesty and Parliament and my Lord that was the Authority the Lords and Commons assembled in Parliament raised a Force and made the Earl of Essex Ceneral and after him the Earl of Manchester of the Eastern Association and after that Sir Tho. Fairfax Lord General of the Forces by this Authority I acted and this Authority I humbly conceive to be legal because this Parliament was called by the Kings Writ chosen by the People and passed a Bill they should not be dissolved without their own consents that the Parliament was in being when the Tryal was and a question whether yet legally Dissolved In the fourth place they were not only owned and obeyed at home but abroad to be the chief Authority of the Nation and also owned by Foreign States and Kingdoms sent Ambassadors to that purpose under them did all the Judges of the Land Act who ought to be the Eye of the Land and the very light of the People to Guide them in their right Actions and I remember the Judges upon Tryal I have read it of High Treason Judg Thorp Nicholas and Jermin have declared it publickly That it was a lawful justifiable thing by the Law of the Land to obey the Parliament of England My Lord it further appears as to their Authority over the People of this Nation petitioning them as the supreme and lawful Authority and My Lords as I have heard it hath been objected that the Houses of Lords and Commons could make no Act. Truly my Lord if you will not allow them to be Acts though they intitle them so call them so and obeyed as so by the Judges Ministers and Officers of State and by all other persons in the Nation yet I hope they cannot be denied to be Orders of Parliament and were they no more but Orders yet were they sufficient as I humbly couceive to bear out such as acted thereby And my Lord the Parliament thus constituted and having made their Generals he by their Authority did constitute and appoint me to be an Inferior Officer in the Army serving them in the quarters of the Parliament and under and within their power and what I have done my Lord it hath been done only as a Souldier deriving my power from the General he had his power from the Fountain to wit the Lords and Commons and my Lord this being done as hath been said by several that I was there and had command at Westminster-Hall truly my Lord if the Parliament command the General and the General the inferiour Officers I am bound by my Commission according to the Laws and Customs of War to be where the Regiment is I came not thither voluntarily but by command of the General who had a Commission as I said before from the Parliament I was no Counsellor no Contriver I was no Parliament-man none of the Judges none that Sentenced Signed none that had any hand in the Execution onely that which is charged is that I was an Officer in the Army if that be so great a crime I conceive I am no more guilty than the Earl of Essex Fairfax or the Lord of Manchester Judg Mallet You are not charged as you were an Officer of the Army Axtell My Lords That is the main thing they do insist upon my Lord I am no more guilty than his Excellency the Lord General Monck who Acted by the same Authority and all the People in the three Nations and my Lord I do humbly suppose if the Authority had been only an Authority in Fact and not Right yet those that Acted under them ought not to be questioned but if the Authority commanded whatsoever offence they committed especially that that guided me was no less than the declared Judgment of the Lords and Commons sitting in Parliament they declared that was their right as to the Militia and having explained several Statutes of Henry the 7th wherein the King having enterchanged Declarations with the Parliament the Parliament comes to make an Explanation on that Statute and my Lord it is in Folio 280. wherein they do positively expound it and declare it as their allowed Judgment To clear up all scruples to all that should take up Arms for them saith the Parliament there as to the Statute of 11. of Henry the 7th Chapter the first which is printed at large comes there to explain it in general and comes here Folio 281. and gives this Judgment It is not say they agreeable to Reason or Conscience that any ones duty should be known if the Judgment of the High Court of Parliament be not a Rule or Guide to them In the next place this is the next Guidance Rule and Judgment of Parliament upon the Exposition of this Statute and as they have said in several places was it not too much to take up your Lordships time they are the proper Judges and Expounders of the Laws The High Court of Parliament have taken upon them to expound the Law and said that we Lawyers will give the meaning of the Text contrary to what they have expounded the meaning under their hands in the same Declaration his Majesty is pleased to quit that Statute upon which I stand Indicted the 25th of Edward the Third where they do my Lord expound that very Statute in the Declaration made in 1643. Folio 722. I come to the declared Judgment wherein they did positively say that the persons that do Act under their Authority ought not to be questioned as persons Guilty Folio 727. that is the Exposition that the Lords and Commons Assembled in Parliament doth make upon the statute Councel My Lord this is an Argumentation of Discourse in justification of his proceedings we desire to know what he will answer as to the Plea Axtell My Lords I have this further to say that if a House of Commons Assembled in Parliament may be Guilty of Treason for the truth is if I Acted Treason that Acted under the Authority of the Lords and Commons in Parliament and of the Commons in Parliament then doubtless they must begin the Treason if the House of Commons who are the collective body and Representation of the Nation all the people of England who chose them are guilty too and then where will there be a Jury to try this concerning the Commons alone I have been over ruled L. ch Bar. If you have any thing to say to the Lords and Commons answer to your charge your charge is nothing of the Lords and Commons but what you Acted when the house was broke and Forced Coun. You cannot but know that there is nothing charged against you for which you can so much as pretend an Authority of the Lords and Commons you know before you could do this Horrid Murther you were the persons that destroyed the Lords and Commons both indeed you Ravel in a
business and to make people gaze upon you without any Ground Axt. I am upon my life I hope you will hear me patiently L. ch Bar. God forbid but we should Axt. I do desire to assert my Authority if any thing was done upon the House of Lords and Commons I do not come here to justifie their Actions I was not concerned in it My next Plea is this that if a House of Commons can be charged Guilty of High Treason as a community the distributive Body must needs be Guilty Court If there should have been 20 or 40 men come out of the House of Commons and should Murther a man they must answer for that it is not the community that can do such an Act of Treason these persons that you call a House of Commons there was but 26 of them and these must be the people this is the state of the case and when you have thrust out thrice the number of those remaining only those can serve your turn L. Annesly Mr. Axtell I am very sorry to see you in that place and it troubles me as much to hear you vent that for an Authority which you know your self was no Authority you would now for your defence for life and it is reason you should make as full a defence for life as you can you would shelter your self under that Authority which I am sorry I must say were one of the greatest Violators of you cannot forget how near a close of this bloody war by the mercy of God this Nation was when the Army interposed whose Trade it was to live by War when they had felt so much of the sweet of War they would not suffer the people to enjoy peace though the Lords and Representatives in Parliament had agreed to it A Treaty was begun terms of peace propounded and agreed to this you cannot forget and will have no need of Notes or Books to help your Memory when the people Groaned under the miseries of War and thirsted after Peace then came up the Army who were servants to the Parliament till that time taking upon them the Authority you cannot forget that your self was one of the number that came to offer accusations against the majority of the Commons House calling them Rotten Members the House of Lords was not then suffered to sit they would not joyn in that Ordinance that was preparing for the Tryal of the King when the Lords had refused they were no longer fit to be Lords neither then comes in a new Authority which we never heard of before a remnant of the House of Commons joyning with the Army that had driven away the greatest part of the House of Commons for in all Assemblies and Courts the major part must determine or no determination after this course was taken then is an Act set on foot they take upon them by Votes of their own to be the Parliament of England that the supreme power of the Nation is in the Representatives of the people who were they those few only that remained almost all the Cities Counties and Burroughs of England had none left to represent them they were driven away by Force then was this Act of Parliament such an Act as was never heard of before set on foot and passed as an Act by a few of the House of Commons if you can plead this for your defence this is the Act that you must shelter under But you know the Lords and Commons had Unanimously resolved for peace and so agree with the King if this Act will be any defence you may plead it to the full and this is all you have to say therefore go upon no Forreign matter Axt. If it please your Lordship that worthy Lord that spoke last is pleased to say that I was one of the persons that did accuse some of those Members of Parliament truly my Lord I never did come to the Commons Bar but once presenting a petition and for my hand either in charging any of the Members or Secluding any of them I never had any hand in that matter this is all to that part Next I Humbly conceive here I must ground my bottome and if I perish I perish by a Judgement in a Parliament My Commission that did Authorize me to obey my General was given me when the Lords and Commons sate in Parliament I had no other Commission then this my Lord Fairfax commanded the Army after the Kings Death by the like Commission I did but my duty in going to my Regiment the General saith go to such a place stay there if I refuse by the law of War I Dye if I obey I am in danger likewise I say my Commission was given me by the Lords and Commons and therefore I hope my Lord that what I have said and offered in that particular is not Truthless but of Weight Court The Effect of your Commission is only to make you an Officer Axtell My Commission bears date the 27th of March 1648. Ten months before the Kings Death we had no other Commissions therefore I humbly conceive the question will be this in point of law and I humbly desire it may be Truly and Fairly stated by your Lordship and these Honourable Jugdes that whether a man being guided by the Judgment of the Lords and Commons Assembled in Parliament and having declared their Judgments and Exposition of that Statute of the 25th of Edward the Third and Acting only by that Judgment of Parliament and under their Authority can be questioned for Treason That my Lord is a question that I do humbly think is a point in law and that you will please fairly and truly to state it whether I am within the compass of that Statute whereupon I am indicted Councel My Lord We do not charge him with any thing that he did Act under the colour of his Commission or with any thing he did before that but that which we charge him with are rhe Acts that he did at the Tryal of the King shew us your Commission from the Lords and Commons Assembled in Parliament for Tryal and Execution of the King you say something we do not charge him for any thing done by Vertue of that Commission but with those violent Acts that he did in encouraging the Souldiers to cry Justice Justice Execution Execution and all those other Violent Actions of his own malicious heart against the King We humbly beseech you he may answer to that which is the charge against him and that is the Compassing and Imagining the Death of the late King and his declaring that by those overt-acts that we have proved My Lords we desire that the Prisoner at the Bar may remember that he is not Indicted for levying War against the King if so then that Sir which you offer might be given as a Plea and we should have spoken to it but you are Indicted for Compassing and Imagining the Death of the King and that which we have given in Evidence
were the subsequent overtacts to prove the same Axtell I hope you will not think it much to give me some more freedom for my own defence for life My Lord I must needs say though there was a force on the Parliament I am not to justifie it I was no Lawyer no Statesman no Councellor but a Souldier and if the General who had a Commission from the Lords and Commons and that some years before and after the King's Death be not guilty of Treason what I did was by command from my General and though I am charged with being in Arms in Westminster-hall and at such and such a place yet it was not a Voluntary Act for I was bound to obey my General I do humbly pray that I may have your Lordships Judgment in this point I must say it was from the sense of their exposition of the Law and of the Statutes and from the Authority that every one took up Arms for and served them and obeyed either the one General or the other I say it was under this very Authority and this must needs acquit me from all the guilt that is laid upon me L. ch Bar. You put your self upon the Judgment of the Court upon this which you call a point in Law First it is manifest that there is no excuse at all for Treason no man by his Commission can warrant the doing of an Act which is Treason you must take notice of the Authority whether it be good or no your Commission was not to put the King to Death but on the contrary to preserve the Kings life The Lords and Commons what they did we do not meddle with the Reason and Ground of what they did was the preservation of the Kings Person as well as the maintenance of the Laws and Liberties of this Nation they made Protestations Declarations and Oaths for the preservation of the King's Person and you could not but take notice of those things Now whereas you go about to shroud your self under the Lord Fairfax he had no such Power and therefore you can challenge no more then he had and to what you say concerning the Judgment of the Parliament there will be a great deal of difference between a particular Case and a Declaration of Lords and Commons there is nothing you have said that hath any thing of Force and God forbid you should make use of it But I must tell you you could not but notoriously know all those Transactions that were in the Army what the Army had done that they came up with Swords in their Hands and turn'd out whom they would you saw what the Lords and Commons had done that the Treaty was ready for his Birth And then you come up with your Mermidons with Force and Arms and Exclude the greatest part of the Members and then the Lords were laid aside it is true the Lords were not wholly dissolved but they would not suffer them to Sit nor Act at all and this was apparent to the Nation If men under colour and pretence of such things Namely that a few persons for so they were but an Eighth part of the House of Commons permitted to remain and of that Eighth part which was but 46 in the whole there were but 26 that Voted that Act which you say you obeyed but you say you obeyed the General you were not to obey the General in this Case for the Facts that you have committed are not charged as Acts of War you are not charged for bringing the Souldiers in but for those Violent Actions that you were guilty of there you made the Souldiers cry out Justice Justice Execution Execution you sent officiously for a Hang-man to come down to you your Commission gave you no power for this the Death of the King you know how it was designed you know the Act for the bringing in of that Commission as they call'd it to sit in justice was after the House of Commons was reduced to a very small Number and some of those dissenting too what you did Act under that Authority if you can justifie it in the Name of God say so but do not Engage the Nation in those things which they abhorred and by the mercy of God are laid asleep Mr. Justice Foster You begin at the wrong End you ought as all men ought to do First to answer the matter of Fact and not to put in these long dilatory Pleas till you have answered the matter of Fact whether those things charged on you be true or not then if you have any thing further to say for your self by way of excuse it will be the time to speak and not before Axt. May it please your Lordships I humbly conceive I am upon that method to the first part of the witness they accuse me for commanding my Souldiers in Westminster-hall then I must prove my Authority which I have been about to do and declared the Judgment of Parliament L. ch B. The Court have heard you with a great deal of patience and that which is not at all to the business Axtell I only refer this as to the Authority I humbly conceive you will give me leave to insist upon this and how far I may improve it for my own defence here is the Commission by which my Lord Fairfax acted and that after the King's Death and I acted by the same Authority he did I had not been at Westminster-hall but on the command of the General Court Doth that Commission Authorize you to cry Justice Justice and to look up and down to get Witnesses against the King is that in your Commission Axt. I am to serve and obey all my Superior Officers that is my Commission if I do not I die by the Law of War Court You are to obey them in their just commands all unjust commands are invalid If our Superiors should command us to undue and irregular things much more if to the committing of Treason we are in each Case to make use of our passive not active Obedience Axt. Under Favour it is not proved that I did either Compass or Imagine the King's Death that is matter of Fact Court Let us try that Axt. My Lord I did nothing but as a meer Souldier I had Authority from the General I would leave this before your Lordships and the Jury that what I have done hath been by Authority of the Genetal L. Hollis Sir a word to you If you could satisfie the Court that you had received a Commission from the General to do those things with which you stand charged it were something then were it proper for you to plead it and the Court to judg Pray take this along with you the General gave you no such command what you are charged with in the Indictment is for Compassing and Imagining the Death of the King and that by such and such overt acts as making your Souldiers cry out Justice and Execution for being active and forward in sending for the
the contrary I leave it upon the consciences of the Jury to weigh it carefully how I could be guilty of Compassing or Imagining the Death of the King when nothing is charged against me to be either of Counsel Sentencing or Signing or to be at the Execution only one man as I told you before he spoke something wrathly and that he had suffered much and therefore he is come over now and saith I should send for the Executioner which I never knew of or had any hand in sending for how much validity that hath I leave to the Jury if it were so it is not treason for words may make a Heretick not a Traytor I speak that by way of preface I do humbly conceive that these being only noted words Execution and Justice the King not so much as named nor any thing done to it by me I say I conceive it doth not amount to Treason by the Law and besides it is against the Law of the great Judg the Judg of Judges all of us that are now and are to come shall stand before him to receive our deserts I say it is against the Law of God to make me an Offender for a word for a word I have heard the Judges say that the Laws of England are grounded upon the Laws of God and the Laws of England are Laws of mercy not of rigour My Lord if a man shall be destroyed in his Life in his Posterity for a word admit the thing had been so I leave upon the consciences of my Jury before the presence of Jesus Christ and before whom they and I must come to be rejudged again at the Tribunal and besides it is only words and words uncertain and Sir Edward Cook saith he must declare plain truth in matter of Treason nothing must be taken for Evidence that may be a presumption or inference or strain of wit I hope upon this consideration that the word Justice fixed upon me by two Witnesses may be taken up at second or third hand from the People or Souldiers by chastising them for the Tumult Then my Lord in the next place these words were never put in writing and so not Treason then my Lord there was never an overt act done by me for that Act of Indemnity that his Majesty and both Houses of Parliament passed wherein they were pleased the very last to except me I wonder'd when I came to be excepted of that number I do come back to the place where I left and that is the overt act My Lord I would only bring it in in this place when I was excepted by the House of Commons one of the twenty I was excepted thus not extending to life I went up and down free at noon day I did not hide my self ingaging a person that was one of his Majesties Servants to do me a courtesie he promised me he would do it and contrary to his promise he was pleased to bring the Kings Warrant to carry me to the Tower and after that I came to be excepted with that black Catalogue of excepted persons and to be brought to the Tryal of the Law Now my Lord I return to that overt act as it was but words uncertain and they may be words repeated from the third or the fourth hand for they were not put in writing according to that Act of Indemnity which I understand the meaning of to be thus That for their Execrable Treasons in Sentencing Signing or otherwise Instrumental they are excepted out of this Act and to be Tryed according to the Laws of this Nation I understand that to be Instrumental to be Instrumentally the Executioner of the King I never had any hand in that Upon the whole this is the Fact that is proved by two Witnesses they heard me say Justice and Execution which must relate to the Execution of Justice which by the Law of God is not Treason especially when there was not the word King for a word to take away and destroy so many my Life Wife Children and many Fatherless that are under the Charge of the Prisoner at the Bar is very sad the words I do not grant but upon such probabilities as I have said I might repeat them I will Justice you I will Execution you and then the words were not written I say as Sir Edw. Cook said they may make a Heretick but not a Traytor the other part of the Evidence is this that I was there with Souldiers at Westminster-Hall I must say if that be Treason to be guided by Judgment of Lords and Commons in Parliament I must say if that be Treason to take up Arms for a Parliament upon such Grounds and Expositions of the statute which they have made and published by their own Authority if I am Guilty under the General then the Parliament would be guilty of Treason L. Ch. Bar. That you have spoke to I am loath to interrupt you Axt. I thank your Lordships for informing me but I was commanded to be there by my General if I had not gone I must have dyed I did only stand there for preservation of the peace in no other sense if the General order me to be at such a Rendezvous I must be there if I disobeyed he would have condemned me by the Law of War The next thing against me material are these two things that is that I should send one Elisha Axtell for the Executioner I must say it is most Admirable such things should be laid to my charge I hope your Lordships and the Jury do observe he told you he suffered much and a poor man under his extremities and losses and sufferings perhaps might start some unadvised words and being now sent over may ascertain it But doubtless this Elisha Axtell being in Ireland if by command it had been so would have been sent over truly I must say I had no hand in the business it was left wholly to them amongst themselves and what ever was done or whatever was said it was said and done by them I never was acquainted with any thing of that nature he said he heard I should send Elisha Axtell for an Executioner if hearsays may be Treason it will be a hard Lesson and my Lord Sir Edw. Cooke saith there must be two witnesses here is but one It comes from such a man my Lord as the providence of God but I will say no more as to that but pray the Jury will take notice of it L. Ch. Bar. You need not doubt of it it shall be taken notice of this of Burden Axt. Now my Lord I have but two or three words more the Statute of the 25th of Edward the Third it doth intend private persons my Lord here is my Commission L. Ch. Bar. It is owned you had it from your General Axt. My Lord his Majesty is pleased to say in his Gracious Letter We do by these presents declare That we do grant a free and General Pardon to all our Subjects of
a sentence that he did conjure them to withdraw once again and to consider of it if it were but half an hour or saith he if that be too much for you I will withdraw My Lord here I can make my appeal to him that must judg me when you have done with me I had not a murderous nor a trayterous thought against him but Sir I confess such deep passions did fall upon me that truly my self I was not I remember the persons betwen whom I sate as it fell out were one Mr. Cawly and Col. Walton these two I sate betwixt these were the very words I speak to them Have we hearts of stone are we men they laboured to appease me they told me I would ruine both my self and them said I if I die for it I must do it Cromwel sate just the seat below me the hearing of me make some stir whispering he looked up to me and asked me if I were my self what I meant to do that I could not be quiet Sir said I No I cannot be quiet upon that I started up in the very nick when the President commanded the Clerk to read the Sentence I stepping up and as loud as I could speak spoke to this effect these words or to the like purpose My Lord said I I am not satisfied to give my consent to this Sentence but have Reasons to offer to you against it and I desire the Court may adjourn to hear me presently he stept up and looked at me Nay saith he if any one of the Court be unsatisfied the Court must adjourn Sir accordingly they did adjourn into the inner Court of Wards when they came there I was called upon by Cromwel to give an account why I had put this trouble and disturbance upon the Court I did speak Sir to this effect it is long ago the very words I think I cannot speak but to this effect I did speak My Lord I should have been exceeding glad if the Court had been pleased to condescend to this gracious Expression but it is not too late for me I desire not his Death but his Life and that the Nations may be setled in Peace The King now is pleased to offer That if he might but speak with his Parliament he would offer to them such things as should be satisfactory to us all So said I what would you have Your pretence of bringing him to these Proceedings was That after such a long and bloody War his Majesty would not condescend to such Concessions as might secure the Parliaments Party but now you hear him that he will give every one of us satisfaction I told them sadly told them I think I may truly say more sadly then than at this time that if they should go precipitantly on and give Judgment upon him before they had acquainted the Parliament with what the King was pleased to offer we should never be able answer it the rather my Lord and that I did press with all the little understanding that I had if they did but consider the last concluded Order that the Parliament made after the passing of the Act for Trial that which was so called I say there was this Order that shut up all That upon any Emergency that could not at that time be thought on in the House the Court should immediately acquaint the House with it My Lord I did infer as strongly as I could to them That if this were not Emergent I could not tell what was The King denied the Jurisdiction of the Court and yet with all vehemency desired to speak with his Parliament were not these Emergencies if not I knew not what were Emergences My Lords Besides this there was another thing I did press that I thought was of greater consequence than this as to the satisfaction of every Man 's particular Conscience that admitting if it might be admitted that the King was liable to his Subjects that they might call him to an account and might condemn him I beg your pardon that I take the boldness to make such admissions but if such a thing might be admitted certainly it did exceedingly become those Judges that were to give such a Sentence not against a common Person but against the greatest to be very well satisfied in Matter of Fact to a full Evidence before them that such and such things that were said were true I do acknowledg this that to the best of my apprehension I wish it had been so to others there was a great shortness in this I do humbly affirm this That not one Member of the Court did hear one Witness Viva Voce I did press That if the Court did give Judgment against the King without a fair Examination I said it was such a thing as no Judg at any Assizes would do against a common Person what I had was from Peters and from some private Whispers from one of them that is gone and hath received his Sentence and Doom Cromwel did answer with a great deal of storm He told the President that now he saw what great reason the Gentleman had to put such a trouble and disturbance upon them saith he Sure he doth not know that he hath to do with the hardest hearted Man that lives upon the Earth however it is not fit that the Court should be hindred from their Duty by one peevish Man he said the bottom was known that he would fain save his old Master and desired the Court without any more ado would go and do their Duty Another that spoke to me in answer was one that hath been before you and hath rereived his Sentence but is not dead and I desire I may not name his Name his answer was to what I have said That some Men were either Scepticks or Infidels After this I did go into the Speaker's Chamber and there I did ease my mind and heart with tears God only knows I have an unhappy memory I have slipt many thinâ—s Lord Chief Baron Remember your self by Papers if you have any no man will hinder you Downes I have no papers but my Lord for the truth of this I have said there are some witnesses that will make the substance the effect of this appear Lord Chief Baron Mr. Downes there is one particular before you come to the witnesses that after all these Convictions you signed the Warrant you deny it the Council will prove it Downes I did never hope or think that any thing I can say should be so satisfactory to you but things might be retorted upon me and perhaps what I thought might be for extenuating my Crime my fall out to my disadvantage I understand you do proceed upon three particulars either signing the first Warrant for constituting the Court To my remembrance I know not of it if my hand was to it I have forgot Counsel Your hand is not to that but we mean your hand is to the Warrant for execution pray shew it him It was shewn him Downes My Lord
was forced to run through out what they had imposed upon me Having seen me I could not shrink from them for fear of my own destruction and thereupon I did go in and did that which I have confessed to your Lordships not out of any malignity to his Majesty I had never any disrespect to him in my life My Lord I did not know which way to be safe in any thing without Doors was misery within Doors was mischief I do appeal to all that had any thing to do with me that I never did any wrong to any that was of the Kings party but helped them as I was able My Lord when the Government was thus tossed and turned and tumbled and I know not what and the secluded Members came into the House I knew not what to do in that case neither Assoon as this Parliament had declared the Treaty which was the eighth of May the ninth of May I appeared before the right honourable the Lord Mayor of London and did claim the benefit of his Majesties gracious Declaration and to become a Loyal Subject as in my heart I alwayes was and my Lord Mayor being there I hope he will testifie that assoon as I heard of the Proclamation I rendered my self according to the Proclamation My Lord this hath been the carriage of me being alwayes under fear and force I refer my self to your Lordships Symon Meyne When I was last here my Lord that I did then speak Not guilty was not as to the matter of fact but my Conscience telling of me that I had no malice or ill intention to his Majesty that was the reason For Matter of fact I shall acknowledge what I have done and lye at his Majesties feet for mercy I am an ignorant weak man in the Law I will confess the fact Couns Did you sign the Warrant for summoning that Court and did you sign the Warrant for Execution of the King Meyne I did sit in Court Counsel Did you sign the Warrant for Execution Meyne My Lord I knew not of the King 's bringing up I never was at any Committee Counsel We do not ask you that Look upon the Warrant and see if your hand and seal be not to it Meyne My Lord it is my hand Counsel Then my Lord we have done Meyne My Lord I acknowledge it is my hand By what importunity it my be known to some here I was very unwilling to it I was told What fear was there when forty were there before and twenty was of the Quorum I was thereupon drawn in to set my hand to it My Lord I never plotted nor contrived the business There was a Gentleman that told me if I did offer to speak in the House pluckt me down by the Coat and he told me I should besequestred as a Delinquent the name of this person I shall omit saith he you will rather lose your estate then take away the King's life I leave it with you James Temple At the last time I pleaded to the Indictment Not guilty but I shall now desire to see my hand and if it be my hand I must confess all circumstances must follow The Warrants being shewn him I do accknowledge it is my hand to both I never did consult concerning the Court. Counsel There are some worse then he but he is bad enough James Temple I refer my self to the King and Parliament and presented a Petition which was received by the Court. Peter Temple When I was here the last time I pleaded Not guilty the reason was because there are divers things in the Indictment that my Conscience tells me I am not guilty of for I had not a malicious or trayterous heart against the King To save your Lordships time I will confess what I am guilty of I was in the Court sate there if I see my hand I shall confess it Counsel Were you there when Sentence was given Temple Yes Sir Counsel Shew him the Warrants which being shewed him I acknowledge they are my hand and refer it to your Lordships Counsel Mr. Wayte you heard the Charge read against you what say you to it Thomas Waite Truly my Lord when I was here last I pleaded not guilty I humbly desired then your Lordships to hear me a word or two You promised me then I should be heard I shall desire to speak for my self Lord Chief Baron God forbid but you should Mr. Sol. G. By your Lordships favour we must speak first if he will confess the fact he my speak what he will Did you sit in the Court Waite Yes Counsel The day of Sentence Waite Yes Counsel Is your hand to the Warrant for Execution Waite I know not pray let me see it It was shewen him My Lord I confess it is like my hand but I do not remember it Counsel If you do not acknowledge it it will be proved Waite Truly my Lord I do beleive it is my hand Counsel Then the Jury will not doubt it Waite But I desire to be heard I am loath to trouble you much I will tell you how I was brought into this business My Lord I was a Member of that House that erected this Court when the Treaty was in the Isle of Wight Immediately after the Army came up I was utterly against that Act in the House When the Army came up to purge the House I was much troubled at it I desired to know the Charge they had against them Two or three dayes after I did move and there were other Gentlemen that did move to know what Charge there was They sent word we should have a Charge in due time we sent and none came but said we should have it in due time I went to those worthy Gent. to see them in prison and seeing nothing would be done I took my leave and made account to see them no more and went down into the Country to Leicester-shire I was sent for up several times I would not come with threats upon pain of Sequestration My Lords there were Petitions going up and down in the Country for bringing the King to that business which was against my conscience I went to Rutlandshire I heard there were some things working there I used my interest and I thank God I stopt it I came then to London when all these things were destroyed I came to London the day before the Sentence was given I went to the House thought nothing some were sent to the Tower and I was sent for to the House and my name was in the Act unknown to me but one sent a Note in my Lord Gray's Name that he would speak with me I went to him and I said my Lord what would you do with me saith he I did not send for you Thereupon Cromwel and Ireton laid hold on me said they We sent for you you are one of the High Court No said I not I my Judgement is against it they carried me to the Court. When the King desired to
Countrey-man I was glad to hear of your great penitence for that horrid crime and I would have been glad to have seen it now advise with your self whether you do your self any good in speaking to extenuate when you know there is no man against whom there are such circumstances of aggravation as against you consider whether a publick penitence would not be more proper Waller I beseech you report me both to his Majesty and Parliament and receive me into your grace as being penitent truly penitent To say so now were a small thing for the fear of the punishment may procure it but I have been more penitent when no eye hath seen me but God when I never imagined to be questioned for this sin then my heart hath yerned in the business but I shal not trouble your Lordships God holds forth Mercy his Majesty holds forth Mercy the Parliament holds forth Mercy My Lords let me say something to you though it be but a word of the violence and force of temptation you may have been under it or may come to it Christ himself was under it we find that faithful Abraham by the power of a Temptation delivered up his wife to commit Adultery which scarce a Heathen would we finde that valiant Peter denied his Master righteous Lot committed incest None abhors this fact more then I do I have done it so long beforehand I need not be afraid to speak it in the face of the Judge of all men that is all I shall say I rendred my self three times I had as much opportunity to make my escape as any person whatsoever Lord Chief Baron It is understood Sir Hardress Clerk Isaac Pennington hold up thy hand thou art in the same condition as the former what canst thou say for thy self why judgment c. Pennington My Lord I have said what I have to say and shall not trouble your Lordships any further Clerk Henry Marten hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Marten I claim the benefit of the Proclamation Clerk Gilbert Millington hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Millington I shall not trouble you with long discourses I will say no more but this I have made a publick resentment of my sorrow for this offence formerly and many times I shall now desire no more but humbly beg that I may have the benefit of the Proclamation and pray his Majesties most gracious Pardon Clerk Robert Tichborne hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c Tichborne My Lord I will not trouble you with any repititions I have made my humble request before I leave it with you Clerk Owen Roe hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Roe My Lord I have no more to say then I said before Clerk Robert Lilburn hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Lilburn I shall refer my self without further trouble to the Court my Lord I beg the benefit of the Proclamation Clerk Thomas Waite hold up thy hand Thou art in the same condition what canst thou say for thy self why Judgment c. Waite I can declare no more than what already my heart is sorry for what I have done I beg the benefit of the Proclamation Clerk Edmond Harvey hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Harvey My Lords I have no more then what I have said before Clerk John Downes Hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Downes I shall not trouble you any further I shall desire the benefit of his Majesties Proclamation Clerk Vincent Potter hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Potter My Lord I do not know Law I understand it not I am not in a condition to speak what I would have willingly spoke I desire that God would have mercy and I look for mercy from God and wept Clerk Augustine Garland Hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Garland I humbly desire your Lordships charitable opinion of me notwithstanding what has been objected against me I humbly refer my self to the Parliament Clerk George Fleetwood hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Fleetwood My Lord I have already confessed the fact I wish I could express my sorrow and wept Clerk James Temple hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. I. Temple My Lord I can say no more I beg the benefit of the Proclamation Clerk Simon Mayn hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Mayne I have told you before my Lord I have no more Clerk Peter Temple hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Peter Temple My Lord I came in upon the Proclamation and I humbly beg the benefit of it Cl. Tho. Waite hold up thy hand thou art in 〈◊〉 same condition what canst thou say for thy self Waite My Lord I refer it to your Lordships Clerk Francis Hacker hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Hacker My Lord. I have nothing to say but what has been before your Lordships Clerk Daniel Axtel hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Axtell May it please your Lordships my case differs from the rest of the Gentlemen L. Ch. B. I would be loth to hinder you but I must tell you that what hath been over-ruled must not be spoke to if you have any thing against the Indictment matter of Law go on Axtell I have one thing more that I did not then mention L. Ch. B. If it tend not as an exception to the Indictment it is not to be heard Axtell My Lord then I shall apply my self to that point I humbly conceive my Lord that my overt acts were not sufficiently set down in the Indictment as might be sufficient in Law to attaint me of high Treason I do not remember that the Overt act that was applyed to me in evidence was charged in the Indictment I have onely that exception because of the insufficiency of that point In the next place my Lord there is not the right additions to my name there are many persons of the same name I am arraigned by
in that Case one was called the Banishment of Hugh Spencer and the other is in 1. Edward 3. upon the Roll. My Masters In the first of Henry the Seventh you shall find it in the printed seven Books he saith That as to the Regality of his Crown he is immediately subject unto God Mark the Doctrine of the Church of England Gentlemen I do not know with what Spirit of Equivocation any Man can take that Oath of Supremacy You shall find in the Articles of the Church of England the last but one or two it is that Article which sets forth the Doctrine of the Church of England they say That the Queen and so the King hath the Supreme Power in this Realm and hath the chief Government over all the Estates of the Realm the very words are so this was shortly after making the Act the Articles were in 1552 and she came in 1558 or 1559 it is to shew you the King hath the chief Government over all the Estates within the Nation and if you look upon it you shall find it was not only the Judgment of the Church but of the Parliament at the same time They did confirm this Article so far that they appointed that no Man should take or be capable of a Living but those that had taken that Oath God forgive those Ministers that went against it The Queen and the Church were willing that these should be put into Latin that all the World might see the Confession of the Church of England and of the People of England you may reade it in Cambden I have told you how and wherein the chief Power consisted not in respect the King could do what he would no the Emperors themselves did not challenge that but this they challenge by it That they were not accountable to Man for what they did No Man ought to touch the Person of the King I press it to you in point of Conscience you see in the Scripture in Psalm 51. the Psalm of Mercy whereby we ask pardon of God for our great Offences I think none of you in this condition but will join in this you know the Adultery and Murder that David committed this penitential Psalm was made for that What doth he say Against thee thee only have I sinned c. tibi soli peccavi Domine not because he had not sinned against Man for 't is plain he had sinned both against Bathsheba and Vriah too But because he was not liable to the Tribunal of Man he was not bound nor accountable to any Man upon Earth And now my Masters I beseech you consider that some of you for ought I know suddenly and some of you for ought I know not long after all of us we do not know how soon must come to make a right account to God of what we have done After this Life you enter into an Eternity an Eternity of Happiness or of Woe God Almighty is merciful to those that are truly penitent the Thief upon the Cross and to all that are of a penitent heart You are Persons of education do not you go on in an obstinate perverse course for shame of Men even this shame which you now have and which you may have when you come to die a sanctified use may be made of it you pay to God some part of that punishment which you owe to him for your sins I have no more to say but the next thing I have to do is to give the Sentence the Judgment which truly I do with as unwilling a heart as you do receive it You Prisoners at the Bar the Judgment of the Court is this and the Court doth award that c. And the Lord have mercy on your Souls Court adjourned till Friday morning seven a Clock Friday Octob. 19. 1660. Set William Heveningham to the Bar. Serjeant Keeling May it please your Lordships the Prisoner at the Bar William Heveningham hath been indicted of High-Treason for compassing and imagining the Death of the late King of blessed memory he has been tried the Jury has found him guilty I do humbly move your Lordships in the behalf of the King that you will proceed to Judgment Clerk William Heveningham hold up thy hand what canst thou say for thy self why Judgment c. Heveningham My Lords I have nothing more to say than I said formerly only I plead the benefit of the Proclamation and cast my self upon the Mercy of our most gracious Sovereign and desire your Lordships to be Mediators on my behalf Lord Ch. Baron By the Act of Indempnity of which you claim the Benefit and we ought to take notice of it we are to proceed to Judgment but no Execution of this Judgment is to be until by another Act of Parliament by consent of the King it shall be ordered And therefore I need not speak any more of that or any Exhortation to prepare your self for Death our work is only to give Judgment The Judgment of the Court is this and the Court doth award that you the Prisoner at the Bar be led back to c. And the Lord have mercy upon your Soul THus having given the Reader a most impartial view of every Passage occurring in this so solemn and legal Indictment Arraignment Trial and Condemnation of these twenty nine black Regicides with their several Pleas and Defences in their own words It may be also some additinal satisfaction to let the Reader know the time and manner of the Death of such of them who were according to the Sentence Executed For their last Discourses and Prayers as they were made in a Croud and therefore not possible to be taken exactly so it was thought fit rather to say nothing than give an untrue account thereof chusing rather to appear lame than to be supported with imperfect assistances ON Saturday the 13th of October 1660 betwixt nine and ten of the clock in the Morning Mr. Tho. Harrison or Major General Harrison according to this Sentence was upon a Hurdle drawn from Newgate to the place called Charing-Cross where within certain Rails lately there made a Gibbet was erected and he hanged with his face looking towards the Banqueting-house at Whitehall the place where our late Sovereign of eternal memory was sacrificed being half dead he was cut down by the common Executioner his Privy Members cut off before his Eyes his Bowels burned his Head severed from his Body and his Body divided into Quarters which were returned back to Newgate upon the same Hurdle that carried it His Head is since set on a Pole on the top of the South-East end of Westminster-Hall looking towards London The Quarters of his Body are in like manner exposed upon some of the City Gates Monday following being the sixteenth of October abouâ— the same hour Mr. John Carew was carried in like manner to the same place of Execution where having suffered like pains his Quarters were also returned to Newgate on the same Hurdle which carried him His Majesty was pleased to give upon intercession made by his Friends his Body to be buried Tuesday following being the sixteenth of October Master John Cook and Mr. Hugh Peters were about the same hour 〈◊〉 on two Hurdles to the same place and executed in the same manner and their Quarters returned in like manner to the place whence they came The Head of John Cook is since set on a Pole on the North-East end of Westminster-Hall on the left of Mr. Harrison's looking towards London and the Head of Mr. Peters on London-Bridg Their Quarters are exposed in like manner upon the tops of some of the City Gates Wednesday October 17 about the hour of nine in the 〈◊〉 Mr. Thomas Scot and Mr. Gregory Clemenâ— were â—ought â—n several Hurdles and about one hour after Master Adriâ—n Scroop and Mr. John Jones together in one Hurdle were carried to the same place and suffered the same death and were returned and disposed of in like manner Mr. Francis Hacker and Mr. Daniel Axtel were on Friday the 19th of October about the same time of the morning drawn on one Hurdle from Newgate to Tiburn and there both Hanged Mr. Axtel was Quartered and returned back and disposed as the former but the Body of Mr. Hacker was by his Majesties great favour given entire to his Friends and buried FINIS 3. Jan. 1647.
the Bar concerning the Trial of his late Majesty Mr. Starkey My Lords this Gentleman now Prisoner and my self have been acquainted a great while being of the same Society of Grayes-Inne and truly my Lord I confess I owe all my knowledge in the Laws to that Gentleman when 〈◊〉 came first he was accused for debt and was pleased to do me and several other Gentlemen now and then the favour to reason the Law with us and assist us in the beginning of the long Parliament that is to give you an accompt of his being indebted he did desire I would do my endeavour to get his Protection Near the time of the Kings Trial there was a Gentleman with my self one Samuel Palmer of Grays-Inne which frequented his Company had several nights the opportunity of understanding the affairs at Westmin and truly he himself did seem to us to count that a very ridiculous Council I remember what he said one night I think they are all mad which was within two or three days before the Kings tryal and instanced how a Fellow cryed out to the Lord Fairfax that if he did not consent to the proceedings he would kill Christ and him After that I did not think he did go to this Council for imployment but out of curiosity when the King came to Tryal we heard that Mr. Cook was the person that was Solicitor and Acted that part that you have heard of and that during that Tryal whether the second or third day I cannot say that certainly Mr. Cook came to Grays-Inne that evening about Ten or Eleven of the clock at might only upon some particular occasion as he said I being walking in the Court in the walk before my Chamber with another Gentleman I did see him pass out of a house to go back again I thought it was he called after him Mr. Cook said I upon that he turned back and met me I took him by the hand said I I hear you are up to the ears in this business no saith he I am serving the people truly said I I believe there is a thousand to one will not give you thanks said I I hear you charge the King for the levying war against the Parliament how can you rationally do this when you have pulled out the Parliament to make way to his Trial he answered me you will see strange things and you must wait upon God I did ask him but first he said this of himself said he he was as gracious and wise a Prince as any was in the world which made me reflect upon him again and asked how he could press those things as I have heard what answer he made to that I cannot tell I did by the way inquire what he thought concerning the King whether he must suffer or no he told me he must die and Monarchy must die with him Cook Whether was this after or before the Sentence Mr. Starkey It was before the Sentence for it was either the second or third Trial or rather in some interim of time before the Sentence for there was an adjournment for a day or two but I am sure it was before the Sentence Court Mr. Cook they have concluded their Evidence plead for your self what you think fitting Cook My Lord I have been a Prisoner three months I humbly desire to acknowledge his Majesties and his Councils favour that I was not put into a Jeremy's Prison but in the Tower and not in Irons I give your Lordships humble thanks for that and truly considering the nature of the Charge had it been in some other Kingdom they would have served us as Iohn Baptist in prison I thank you that I have a fair Trial with the Judges of the Law who are upon their Oaths to do equal right and justice between our Soveraign Lord the King and every Prisoner concerning matters of life and death and likewise those Noble Lords that though they are not put upon their Oaths but upon their honour if they know any Law to preserve my life I trust they will rather save than destroy My Lords I do therefore say as Paul said my plea is much of that nature against the Law and against Caesar I hope I have not offended at all and so I have pleaded not guilty The learned Council have examined several witnesses against me and I humbly conceive that the matter will rest in a very narrow compass the substance of the Charge so far as my memory will serve doth rest in these three things the other being but matter of form That I with others should propound consult contrive and imagine the Death of the late King Secondly That to the perfecting and bringing about this wicked and horrid conspiracy that I with others did assume a Power and Authority as I remember power I am sure then to kill and murther the King thirdly That there was a person unknown that did cut off the Kings head and that we were abetting aiding assisting countenancing and procuring the person or words to that effect against the form of the Statutes and so forth I hâ—ve twelve poor words to offer for my self in this business wherein if I do not answer every thing that hath been particularly objected I hope you will give me leave afterwards to offer it First I humbly propound this that if it was not made appear to your Lordships that I did ever propound consult advise contrive attempt or any way plot or counsel the death of His Majestie then I hope I cannot be found guilty within the Statute of 25. Edward the third for the naked truth Mr. Nutly hath in a great part spoke to I was appointed upon the tenth of January 1648. for to give my advice concerning a Charge there having been upon the ninth a Proclamation for the Trial and upon the tenth Mr. Steel Dr. Dorislaus and Mr. Ask and my self were appointed and ordered to be of Council to draw up a Charge Here I have the order attested by Mr. Jessop and pray it may be read Court They do admit the thing that you were so assigned Cook Then I humbly conceive that that cannot be said to be done maliciously or advisedly or with any wicked intention in me which I was required and commanded to do Acting only within my Sphere and Element as a Counsellour no otherwise The next thing is this my L. that by Law words will not amount unto Treason we usually say that words may declare an Heretick but not a Traytor there were some Statutes formerly 1 Ed. 6. were words are made Treason but they are all repealed by 1 Mariae that nothing shall be Treason but what is expressed in 25 Ed. 3. this Objection will seem to lye that these were words put in writing and that I humbly conceive to be the greatest matter objected to which I answer 1. Whether there be any full certain clear proof that that is my hand to the Charge I must leave to you two or three