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A52526 An exact and most impartial accompt of the indictment, arraignment, trial, and judgment (according to law) of twenty nine regicides, the murtherers of His Late Sacred Majesty of most glorious memory begun at Hicks-Hall on Tuesday, the 9th of October, 1660, and continued (at the Sessions-House in the Old-Bayley) until Friday, the nineteenth of the same moneth : together with a summary of the dark and horrid decrees of the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity. Nottingham, Heneage Finch, Earl of, 1621-1682. 1679 (1679) Wing N1404; ESTC R17120 239,655 332

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him upon what account these words were spoke Huncks My Lord it was this Cromwell having a Commission which I think I heard read here Colonel Hacker was reading of it My Lord Cromwell he comes to me and by Vertue of that Commission he would have me to write a Warrant for Executing the King I refusing to write that Warrant upon this which he speaks of that standing at the Door if God bless me I will search all the Doors at Whitehall but I will find it out I not doing it I said why should it be offered to me sayes Cromwell thou art a peevish Fellow Cromwell fell a writing assoon as ever he had done that writing he gave Hacker the pen what Hacker writes I know not and upon my refusing this prisoner at the Bar said Col. Huncks I am now ashamed of you The Ship is now coming into the Harbour and will you now strike Sayle before you cast Anchor Council You observe the course of this evidence there was a Warrant or Commission directed to three persons Hacker Huncks and Phaire for Execution of the King Cromwell demanded of this Gentleman Col. Huncks that he should sign a Warrant by Vertue of that other Warrant and this Gentleman refusing it the Prisoner objects this that he to save himself doth witness this against the Prisoner Gentlemen he did refuse the thing have you any thing to ask Col. Huncks Axtell He says Col. Phaire and Hacker were there I do not doubt but they will be so conscientious to vindicate me from all this Charge L. Ch. Bar. If it be any thing that tends to your defence that you will be heard afterwards but have you any Questions to ask Col. Huncks Axtell No more I know nothing of it if I were to dye at this Bar presently Council Sir Purback Temple pray tell my Lords and the Jury your knowledge of the carriage of this Gentleman touching the Tryal of his Late Majesty Sir P. Tem. My Lord being present and engaged by some persons of Honour Servants of his late Majesty to be present when that horrid Murther was acting before this Court of Justice as they called it I was present at all the Tryals of the King and very near him I heard the King demand from Bradshaw by what Authority and Commission they proceeded thus strangely to Try him Then I heard the Lady Fairfax and one Mrs. Nelson my Sister after the exhibiting of the charge in the Name of the Commons Assembled in Parliament and the good people of this Kingdom against Charles Stuart King of England I say I heard the said Lady cry out from a Gallery over the Court Not half the people it is false where are they or their Consents Oliver Cromwell is a Traitor Upon which I heard the Prisoner at the Bar cry out Down with the Whores shoot them which made me take the further notice of him seeing him in Westminster-Hall commanding the Souldiers there I saw him the most activest person there and during the time that the King was urging to be heard he was then laughing entertaining his Souldiers scoffing aloud whilst some of the Souldiers by his suffering and I believe procurement did fire powder in the palms of their hands that they did not onely offend his Majesties smell but enforced him to rise up out of his Chair and with his hand to turn away the smoke and after this he turned about to the people and smiled upon them and those Souldiers that so rudely treated him Then turning himself to Bradshaw said to him and the Court There are some sitting here fixing his Eyes upon some persons near Bradshaw that well knew that if I would have Forfeited or Betrayed the Liberties and Rights of the People I need not have come hither or words to this effect But their Liberties and Rights are dearer and nearer to me than my three Kingdoms nay than my life it self Therefore I desire you to hear me and remember that I am your lawful King that have done you many Acts of Grace and Favour After which this person Mr. Axtell Prisoner at the Bar commanded his Souldiers to cry out Justice which the Souldiers not readily obeying of him I saw him beat four or five of them with his Cane until they cried out with himself Justice Justice Execution Execution which made me turn to a Noble Lord by whom I then stood and said Pray my Lord take notice there is not above 4 or 5 that cry out Justice Justice I heard also of their spitting in the Kings Face and I think no bodies sufferings have been so like those of our Saviour Christ Jesus as his Majesties were After this this persons crying Justice Justice Execution Execution a second time the Court proceeded to pass a Sentence the which his Majesty pressed hard against and told him Sir before you pass that ugly Sentence which I very well understand you are intended to do I desire you to hear me hear me hear me passionately and not affectionately expressing it which they denying the King and the notice of Justice Justice Execution Execution being repeated they proceeded and read that ugly Sentence of Death after which his Majesty was immediately hurried away from the Bar into a common Cedan where he was carried by two common Porters which Cedan I followed to the middle of King's Street where I saw the two Porters in reverence go bare till the Souldiers under the Command of the Prisoner at the Bar beat them and would not suffer them to go bare when they carried him After this the people cried out What do you carry the King in a common Cedan as they carry such as have the Plague God deliver your Majesty out of such Enemies hands In which Street I was forced to leave the sight of his Majesty occasioned by the injuries and hurts I received in my person from the Souldiers under Axtel's command they carrying him through the Streets shouting in triumph A short time after I received an importuate command from a Lady of great Honour a Servant of his Majesties that I would endeavour to find out where the body of the Martyr'd King was and to give her an account where it then was Applying my self to Whitehall after two or threescore Intreaties I was denyed but understanding that money would do it I gave the persons then under the command of Mr. Axtell that then kept it to shew it me half a piece who in a scoffing manner took me by the hand said If thou thinkest there is any sanctity or holiness in it look here where I saw the Head of that blessed martyr'd King lie in a Coffin with his Body which smiled as perfectly as if it had been alive this is the sad account of the martyr'd King and this sad horrid Prisoner Mr. Axtell Axtell My Lord may I ask that Gentleman some Questions L. ch Bar. Yes yes Axtell My Lord He seems to say that I bid the Souldiers cry out for Justice he doth
these Sacred Persons that the Sons of Violence should never approach to hurt them For My Lord the very Thoughts of such an Attempt hath ever been presented by all Laws in all Ages and all Nations of the World as a most unpardonable Treason My Lord This is that that brought the two Eunuchs in the Persian-Court to their just Destruction Voluerunt insurgere saies the Text and yet that was enough to Attain them And so My Lord it was by the Roman Laws too as Tacitus observes Qui deliberant desciverunt To Doubt or Hesitate in a Point of Allegiance is direct Treason and Apostasie And upon this Ground it is that the Statute upon which your Lordships are now to proceed hath these express Words If a man doth Compass or Imagine the Death of the King c. Kings who are God's Vicegerents upon Earth have thus far a kind of Resemblance of the Divine Majesty that their Subjects stand accountable to Them for the very Thoughts of their Hearts Not that any Man can know the Heart save God alone but because when the Wicked Heart breaks out into any open Expressions by which it may be judged 't is the Thoughts of the Heart which makes the Treason the Overt-Act is but the Evidence of it My Lords This Care and Caution is not so to be understood as if it were the Single Interest of One Royal Person only The Law doth wisely judge and foresee that upon the Life of the King depends the Laws and Liberties the Estates and Properties the Wealth and Peace the Religion and in Sum the Glory of the Nation My Lords This Judgment of the Law ha's been verified by a sad Experience for when that Blessed King whose Blood we are now making Inquisition for was untimely taken away Religion and Justice both lay buried in the same Grave with Him and there they had slept still if the miraculous Return of Our Gracious Sovereign had not given them a new Resurrection My Lords My Lord Coke in his Comment upon this Statute ha's one Conceit which is somewhat strange I am sure it is very new he seems to think that it would have added to the Perfection of this Law if there had been a time limited for the Party to be accused But certainly the work of this Day has quite consuted that Imagination For here is a Treason that has so long out-faced the Law and the Justice of this Kingdom that if there had been any time of Limitation in the Statute there would have been no Time nor Place left for Punishment And if this Treason had but once grown up to an Impunity it might perhaps have drawn the Guilt of that Innocent Blood and with it the Vengeance due to it upon the whole Nation The Scope of this Iudictment is for the Compassing the Death of the King the rest of the Indictment as the Vsurping Authority over the King's Person the Assembling Sitting Judging and Killing of the King are but so many several Overt-Acts to prove the Intention of the Heart We are not bound under favour to prove every one of these against every particular Person who is Indicted for he that is in at one is guilty in Law of all rest as much as if he had struck the Fatal Stroke it self Nay under favour if we can prove any other Overt-Act besides what is lai'd in the Indictment as the encouraging of the Souldiers to cry out Justice Justice or Preaching to them to go in this Work as Godly and Religious or any other act of all that Catalogue of Villanies for which the Story will be for ever Infamous this may be given in Evidence to prove the Compassing and Imagining the King's Death The conclusion of this Indictment alledges the Fact done to be to the great Displeasure of Almighty God and to the great Disgrace of the People of England A Truth so clear and known that it can neither be heightned by any Aggravation or lessend by any Excuse As for the Fact it self with the Manner of it I shall not need to open it at large for these things were not done in a Corner every true English Heart still keeps within it self a bleeding Register of this Story only my Lords in the way to our Evidence with your Lordships favour this I think may be fit to be said First for the year 1648. for that was the Fatal year of this King and beyond that year we shall not now enquire I say whatsoever in the Year 1648. could have been done by a Parliament to save the Life of a King was done in this Case They opened the way to a Treaty in spight of the Army and while these Sons of Zerviah who were too hard for them were engaged in Service in the Remoter Parts they hastened the Treaty as much as was possible the Debater upon His Majestie 's Concessions were Voted a good ground for Peace notwithstanding the Remonstrances of the Army still flew about their Ears and notwithstanding the Oppositions of a fearful and unbelieving Party of the House-of Commons whom the Army had frighted into an Awful and a Slavish Dependance upon them And when nothing else could be done for Him they were so true to the Obligations they lay under that they resolved to fall with Him and did so For the Army who saw the Treaty proceed so fast made as great hast to break it They seize upon the blessed Person of our Sacred King by Force and bring Him to London and here they force the Parliament shut out some Members imprison others and then called this wretched little Company which was left a Parliament By this and before they had taken upon them the Boldness to dissolve the House of Peers they pass a Law and Erect forsooth an High Court of Justice as they call it a Shambles of Justice appoint Judges Advocates Officers and Ministers sit upon the Life of the King Now they Speak out and Expound their own Declarations and tell us what that was which before they had demanded in obscure Terms when they called for Justice against all Delinquents Now they speak plainly what they mean and call this blessed King this glorious Saint the grand Delinquent Haec Acies victum factura Nocentem est My Lords When they had thus proceeded to appoint their Judges Officers and Court then they call this Person their onely Liege Lord and Soveraign to the Bar and by a formal Pegeantry of Justice proceed to Sit upon Him Arraign Try Sentence Condemn and Kill I had almost said Crucifie Him whom they could not but know to be their King And all this against the clearest Light the sharpest Checks and most through Convictions of Conscience that ever men resisted And yet in this moment of time such was the Majesty and Innocene of our Gracious Soveraign that the People followed Him with Tears in their Eyes and Acclamations in their Mouths God save the King even then when the Souldiers were ready to fire upon
Gentlemen I shall begin to shew you that which all of you might remember that is your oaths of Allegiance and Supremacy and to add to this that obligation which all this whole Nation did oblige themselves to by the Parliament without question then rightly represented and in being the first of K. James whereby to shew you that not only persons but the Body politick of the Nations not only the single Members but the Members in both houses of Parliament were loyal and obedient subjects to the King their head even to yeeld a natural and humble Obedience and Allegiance I told you the Act of the 1. of K. James when K. James came first into Engl. We the Lords and Com. representing the whole People of the Nation the very words of the Act are so primo Jacobi Chapter the first Representing the whole Body of the Nation do acknowledge an humble natural Leige Obedience to the King as Supreme his Heirs and Successors And in the name of themselves and all the people humbly submit themselves untill the last drop of their bloud be spent in defence of the King and his Royall posterity and therefore they did oblige themselves and all the People of England as far as they could represent them the words are more full then I can express them and indeed it is so dark I cannot read them They did acknowledg to be bound to him and his Imperial Crown Remember these were not words of Complement you shall find that they all of them and so did so many of you as were Members of Parliament yea all of you before you came into the House of Commons did take the Oath of Allegiance which was made after this Recognition the third and fourth of King James or otherwise were not to be Members What was that Oath of Allegiance that you took it was That you should defend the King his Person that is in 3 Jacobi Chapter the fourth his Crown and Dignity What was it Not only against the Pope's Power to depose but the words are or otherwise look into the Act and reflect upon your Conscience and you shall find that all did swear to defend the King his Crown and Dignity and there it is called Imperial Crown I would have you lay this to heart and see how far you have kept this Oath Gentlemen In the Oath of Supremacy which you all took therein you did further acknowledg that the King was the only Supream Governour of this Realm Mark the words I will repeat them that you may lay it to heart you that have more time to apply it to your Fact and you that have less time for ought I know you have reason to consider what I have to say you sware then That the King by the Oath of Supremacy which all of you have taken or ought to have taken if any of you have not taken it yet notwithstanding you are not absolved from the obligation of it but most of you did take it there you sware that the King is the only Supream Governor of this Realm and you sware there that you would defend all Jurisdictions Priviledges Preeminencies and Authorities granted or belonging to the King's Highness His Heirs and Successors or united and annexed unto the Imperial Crown of this Realm For the first If the King be Supream then there is no co-ordination Non habet majorem non habet parem that word Imperial Crown is at least in nine or ten several Statutes it is the very word in this Act that was made lately in pursuance of former Acts concerning Judicial Proceedings And so in the time of King Charles they acknowledged him to be their Leige Sovereign I say that word Supream and so the word Imperial Crown is in the first of Queen Elizabeth the third and the eighth of Elizabeth the twenty fourth of Henry the Eighth Chap. 12. there it is said this Kingdom is an Imperial Crown subject to none but God Almighty Before these times you shall find in the sixteenth of Richard the Second the Statute of Praemunire the Crown of England subject to God alone I will go higher William Rufus some of you are Historians and you shall find the same in Eadmerus and also in Matthew Paris shortly after William Rufus his Time when he wrote to the Pope he challenged and had the same liberty in this Kingdom of England as the Emperor had in his Empire mistake me not I speak only as to the Person of the King I do not meddle of Rights between the King and Subjects or Subject and Subject you see in this Case concerning the Death of his Majesty's dear Father and our Blessed Sovereign of happy memory he doth not judg himself but according to Law that which I assert is as to the Person of the King which was the priviledg of Emperors as to their Personal Priviledges if he had offended and committed an Offence he was only accountable to God himself I will come back to what I have said You swore to be faithful to the King as Supreme The King of Poland hath a Crown but at his Oath of Coronation it is conditioned with the People That if he shall not govern according to such and such Rules they shall be freed from their Homage and Allegiance But it differs with our King for he was a King before Oath The King takes his Oath but not upon any condition this I shew you to let you see that we have no coercive Power against the King The King of England was anointed with Oil at his Coronation which was to shew that Absolute Power I do not say of Government but of being accountable to God for what he did The Law saith The King doth no injury to any Man not but that the King may have the imbecilities and infirmities of other Men but the King in his single Person can do no wrong but if the King command a Man to beat me or to disseize me of my Land I have my remedy against the Man though not against the King The Law in all Cases preserves the Person of the King to be untouched but what is done by his Ministers unlawfully there is a remedy against his Ministers for it but in this Case when you come to the Person of the King what do our Law Books say he is they call it Caput Reipublicae salus Populi the Leiutenant of God and let me tell you there was never such a blow given to the Church of England and the Protestant Religion There was a Case and that of the Spencers you shall find in the 7th Report of the Lord Cook in Calvin's Case that Homage is due to the King in his Politick Capacity and then they made this damnable Inference That therefore if the King did not demean himself as he ought that he should be reformed pure aspertee by asperity sharpness or Imprisonment but these were condemned by two Acts of Parliament in Print that they could not do that even