perceive by this Commission that hath been read that we are authorized by the King's Majesty to hear and determine all Treasons Felonies and other Offences within this County But because this Commission is upon a special occasion the Execrable Murther of the blessed King that is now a Saint in Heaven King Charls the first we shall not trouble you with the Heads of a long Charge The ground of this Commission was and is from the Act of Oblivion and Indempnity You shall find in that Act there is an Exception of several persons who for their Execrable Treasons in sentencing to Death and signing the Warrant for the taking away the Life of our said Sovereign are left to be proceeded against as Traytors according to the Laws of England and are out of that Act wholly excepted and fore-prized Gentlemen You see these Persons are to be proceeded with according to the Laws of the Land and I shall speak nothing to you but what are the words of the Laws By the Statute of the twenty fifth of Edward the third a Statute or Declaration of Treason it is made High-Treason to compass and imagine the Death of the King It was the ancient Laws of the Nation In no Case else Imagination or Compassing without an Actual Effect of it was punishable by our Law Nihil officit Conatus nisi sequatur Effectus that was the old Rule of Law But in the case of the King His Life was so pretious that the Intent was Treason by the Common Law and Declared Treason by this Statute The reason of it is this In the case of the Death of the King the Head of the Commonwealth that 's cut off and what a Trunk an inanimate Lump the Body is when the Head is gone you all know For the Life of a single man there 's the Life of the Offendor there 's some Recompence Life for Life But for the Death of the King what Recompence can be made This Compassing and Imagining the cutting off the Head of the King is known by some Overt-Act Treason it is in the wicked Imagination though not Treason Apparent but when this Poison swells out of the Heart and breaks forth into Action in that case it 's High-Treason Then what is an Imagination or Compassing of the King's Death Truly it is any thing which shews what the Imagination is Words in many cases are Evidences of this Imagination they are Evidences of the Heart Secondly As Words so if a man if two men do conspire to Levy War against the King and by the way what I say of the King is as well of the King dead as living for if a Treason be committed in the Life of one King it is a Treason and punishable in the Time of the Successor Then I say in case not only of Words but if they conspire to Levy War against the King there 's another Branch of this Statute the Levying of War is Treason But if men shall go and consult together and this is to kill the King to put Him to Death this Consultation is clearly an Overt-Act to prove this Imagination or Compassing of the King's Death But what will you say then if men do not only go about to conspire and consult but take upon them to Judge Condemn nay put to Death the King Certainly this is so much beyond the Imagination and Compassing as 't is not only laying the Cockatrice's Egg but brooding upon it till it hath brought forth a Serpent I must deliver to you for plain and true Law That no Authority no single person no community of persons not the people Collectively or Representatively have any coercive power over the King of England And I do not speak mine own Sence but the words of the Laws unto you It was the Treason of the Spencers in King Edward the Second's Time in Calvin's case second Report The Spencers had an opinion that all Homage and Allegiance was due to the King by reason of the Crown as they called it And thereupon say the Books and Records they drew out this execrable Inference among others That if the King did not demean himself according to Right because he could not be reformed by Law he might per aspertee that is by sharp Imprisonment but this was adjudged horrid Treason by two Acts of Parliament Gentlemen Let me tell you what our Law-books say for there 's the Ground out of which and the Statutes together we must draw all our Conclusions for matter of Government How do they Stile the King They call Him The Lieutenant of God and many other expressions in the Book of Primo Henrici Septimi Says that Book there The King is immediate from God and hath no Superior The Statutes say That the Crown of England is immediately subject to God and to no other Power The King says our Books He is not only Caput Populi the Head of the People but Caput Reipublicae the Head of the Commonwealth The three Estates And truly thus our Statutes speak very fully Common Experience tells you when we speak of the King and so the Statutes of Edward the Third we call the King Our Sovereign Lord the King Sovereign that is Supreme And when the Lords and Commons in Parliament apply themselves to the King they use this Expression Your Lords and Commons your faithful Subjects humbly beseech I do not speak any Words of my own but the Words of the Laws Look upon the Statute primo Jacobi there 's a Recognition that the Crown of England was lawfully descended on the King and His Progeny The Statute it self was read to which it is desired the Reader will be referred These are the Words of the Act. And this is not the first precedent for you shall find it primo Eli. cap. 3. They do acknowledge the Imperial Crown lawfully descended on the Queen the same Recognition with this Before that because we shall shew you we go upon Grounds of Law in what we say Stat. 24. Hen. 8. cap. 12. Whereas by sundry old authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same c. 25 Hen. 8. c. 21. there it is the people speaking of themselves That they do recognize no Superiour under God but only the King's Grace Gentlemen You see if the King be immediate under God he derives his Authority from no body else if the King have an Imperial Power if the King be Head of the Commonwealth Head of the body Politick if the body Politick own him obedience truly I think it is an undenied consequence He must needs be Superiour over them Gentlemen This is no new thing to talk of an Emperour or an Imperial Crown Do not mistake me all this while It is one thing to have an Imperial Crown and another
he is very much to be reproved Shall he pretend that one House nay the eighth part of a House for so it was can Condemn a King when both Houses cannot condemn one man in spight of the King I desire my Lords it may pass with a due Reproach and a Sentence upon it Lord Chief Baron It is true your Questions are but one Point You pretend the Parliament's Authority and when you come to speak of it you say the Commons of England They were but one House of Parliament The Parliament what is that It is the King the Lords the Commons I would fain know of you where ever you read by the light you say you have in your Conscience that the Commons of England were a Parliament of England that the Commons in Parliament used a Legislative power alone Do you call that a Parliament that sate when the House was Purged as they call it and was so much under the Awe of the Army who were then but forty or forty five at most Then you say It was done by Authority of them You must know where there is such an Authority which indeed is no Authority he that confirms such an Authority he Commits a double offence therefore consider what your Plea is If your Plea were doubtfull we should and ought and would our selves be of Councel for you That which you speak concerning Conviction of your own Conscience remember that it is said in Scripture that they shall think they did God good service when they slay you as it is in St. John He hath a great deal of Charity that thinks that what you did was out of a Conscientious Principle It was against the Light of noon-day and common practice You make your self a Sollicitor in the Business Let us blacken him as much as we can I have not touched at all upon the Evidence I will not urge it now I say you justifie it upon Convictions of Conscience and pretend it upon Authority A thing never known or seen under the Sun that the Commons nay a few Commons alone should take upon them and call themselves the Parliament of England We have been cheated enough by Names and Words there is no colour for what you say I do think and hope my Brethren will speak to this Case that none of us do own that Convention whatsoever it be to be the Parliament of England There was another aggravation at this Time that this Pretended Authority usurped that Power the Lords were then sitting You had not taken this usurped Power to dissolve these Lords No you did this Act in dispight of the Lords you had sent up an Ordinance to the Lords and they rejected it and thereupon these Members took it upon themselves Amongst those there were some Negatives and those Members were under the Awe and Power of your Forces at that time What you Plead the Court are of Opinion tends to the subversion of the Laws for you to usurp Power over the People without their Consents to call this the People We never knew the like before But the Parliament of England was the King Lords and Commons For you to speak of this Power and Justifie this Power is an Aggravation adding one Sin and Treason to another We shall tell you that neither both Houses of Parliament if they had been there not any single Person Community not the People either Collectively or Representatively had any colour to have any Coercive Power over their King And this Plea which you have spoken of it ought to be over-ruled and not to stand good Mr. Annesley I do the more willingly speak to this Business because I was one of those that should have made up that Parliament that this Prisoner pretends to I was one of that Corrupt Majority as they called it that were put out of the House He cannot forget that at that time there were Guards upon both Houses of Parliament to attend them that were of their own appointment and that those Guards were forcibly removed by the Prisoner at the Bar and his Fellows and other Guards put there who instead of being a Defence unto them when those Commons stood at the Door were by them threatned Yet the Lords and Commons of England in Parliament Assembled a full House of Commons did resolve notwithstanding what was aforesaid that the Treaty in the Isle of Wight was a Ground for Peace Afterwards the Major part of the House of Commons having resolved on this sent it up to the Lords that very day when they were Adjourned there were Forces drawn down to the House of Commons Door and none suffered to come into the House but those that they pleased All those that had a mind for Peace that minded their Duty and Trust and Allegiance to their King were seized on by this Gentleman and his Fellows When this was done what did he and those Fellows do They sate and put a check upon all that should come in None must come in but those that would renounce their Allegiance and Duty to their King and the People for whom they served and then declared against that Vote which had been passed upon Debate of twelve or fourteen hours and then to call this an House of Commons nay the Supreme Authority of the Nation he knows is against the Laws of the Land For the House of Commons alone cannot so much as give an Oath It hath not power of Judicature of Life and Death this he knows well to be according to the Laws of England He knows that no Authority less then an Act of Parliament can make a Law and he knows an Act of Parliament must be passed by the King Lords and Commons I wonder much to hear a Justification in this kind by one that knows the Laws of England so well There will none of the Court allow that that was a Parliament The Majority of that House did all disavow it These things have been already discoursed of I shall onely say that he knowing the Laws so well I hope he shall suffer for trangression thereof Mr. Hollis You do very well know that this that you did this horrid detestable Act which you Committed could never be perfected by you till you had broken the Parliament That House of Commons which you say gave you Authority you know what your self made of it when you pulled out the Speaker Therefore do not make the Parliament to be the Author of your black Crimes It was innocent of it You know your self what Esteem you had of it when you broke and tore it in sunder when you scattered and made them hide themselves to preserve them from your Fury and Violence Do not make the Parliament to be the Authour of your Crimes The Parliament are the three Estates It must not be admitted that one House part of the Parliament should be called the Supreme Authority You know what that Rump that you left did what Laws they made Did you go home to advise
instrumental in taking away the Kings life that is being any way instrumental Truly whether it be not instrumental to exhibit a Charge against him or complain of his delayes to ask Justice against him in the name of the people to do all this and desire that the Charge might be taken pro Confesso if this be not instrumental I know-nothing else Sentencing and signing Some signed the Sentence some the instrument for death the next degree of being Instrumental the highest degree of that is to accuse him to deliver in the Charge against him in the name of the people do it again and again be angry at the delayes The next thing is this that you did not do this falso or malitiose but for your Fee and that though there might be avaritia there was not malitia in it it was done by your Profession you were not Magisterial in it you thought the consequences that did follow would not follow If a man does but intend to beat a man and he dye upon it you know in Law it is all one You must understand there is a malice in the Law If a man beat one in the Streets and kill him though not maliciously in him but it is so in Law That you desire to have the benefit of the Kings Declaration that you did put in your petition proving the same that you were a prisoner before that the Commons in behalf of themselves and the people of England they craved the benefit of it which was granted excepting such as should be by Parliament exceptd and that the King should mention a Free Parliament for this it hath been fully answered to you and clearly by Mr. Sollicitor that you are not at all concerned in the Kings Declaration at Breda For first it is nothing in Law it binds in honour and we have given the same directions yesterday upon the like occasion that is that the Kings Declaration binds him in honour and in Conscience but it does not bind him in point of Law unless there were a pardon granted by the Broad Seal the thing is cleared to you what Parliament the King meant by it they were sitting at that time had acknowledged their dutie and allegiance to their King they went ad ultimum potentiae for a free and absolute Parliament whilst the King was absent though the King was away yet notwithstanding the King Declared whom he meant he directed one of those Declarations to our Speaker of the house of Commons and another to the Speaker of our Peers in this case it was loquendum ut vulgus it was owned by him as having the name of a Parliament it was done with great wisdom and prudence and so as it could be no otherwise they that were loyal subjects acting in the Kings absence he consenting to it the King owning that Authority so he was obliged in honour no further than his own meaning and words but there is another Clause in the act excludes all these persons The next thing is this you say the Statute of 25 Edward 3. and it is very true you say if it be any semblable Treason we were not to judge upon that unless they were the Treasons in the Act and it is most true now you would urge but this that this is but a semblable Treason but you are indicted for the compassing and imagining the Death of the King if these Acts did not tend to the compassing and imagining the Kings death I know not what does I am satisfied you are convicted in your conscience The next thing for you have said as much as any man can in such a Cause it is pity you have not a better you say though it was a Tyrannical Court as it is called but such a Court it was and there were Officers you say it had figuram judicii that aggravates the fact to you to your profession There is a difference between a standing Court and that which is but named to be a Court this was but one of a day or two's growth before and you know by whom by some that pretended to be only the Commons your knowledge can tell you that there was never an Act made by the Commons assembled in Parliament alone and you may find it in my Lord Cook that an Act by the Lords and Commons alone was naught as appeared by the Records Sir James Ormond was attainted of Treason the Act was a private Act by the King and Commons alone the Lords were forgot when the Judges came to try it it was void and another in Henry the 6. time you know this was no Court at all you know by a printed Authority that where a settled Court a true Court if that Court meddle with that which is not in their cognizance it is purely void the Minister that obeys them is punishable if it be Treasonable matter it is Treason if murder it is murder so in the Case of Martialsea and in the Common Pleas if a man shall begin an Appeal of death which is of a criminal nature and ought to be in the Kings Bench if they proceed in it it is void if this Court should condemn the party convicted he be executed it is murder in the Executioner the Court had no power over such things you speak of a Court. First it was not a Court Secondly no Court whatsoever could have any power over a King in a coercive way as to his person The last thing that you have said for your self is this that admitting there was nothing to be construed of an Act or an Order yet there was a difference it was an Act de facto that you urged rightly upon the Statute of 11 Hen. 7. which was denied to some God forbid it should be denied you if a man serve the King in the War he shall not be punished let the fact be what it will King Henry the 7. took care for him that was King de facto that his Subjects might be encouraged to follow him to preserve them whatever the event of the King was Mr. Cook you say to have the equity of that Act that here was an authority de facto these persons had gotten the supream power and therefore what you did under them you do desire the equity of that Act for that clearly the intent and meaning of that Act is against you it was to preserve the King de facto how much more to preserve the King de jure he was owned by these men and you as King you charged him as King and he was sentenced as King That that King Henry the 7. did was to take care of the King de facto against the King de jure it was for a King and Kingly Government it was not for an Antimonarchical Government you proceeded against your own King and as your King called him in your charge Charles Stewart King of England I think there is no colour you should have any benefit of the Letter or of the
Imprimatur J. BERKENHEAD 1660. 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 those Caballists Preparatory to that Hellish Fact Exposed to view for the Reader 's Satisfaction 〈◊〉 Information of Posterity London Printed for R. Scot T. Basset R. Chisâ—ell and J. Wright 1679. A SUMMARY by way of Premise of the dark Proceedings of the Cabal at WESTMINSTER Preparatory to the Murther of His late Sacred Majesty Taken out of their own Journal-Book THe Commons Resolved That no further Addresses be made to the King by themselves nor by any other without leave of both Houses And those that do to incur the Penalty of High-Treason And Declare They will receive no more Messages from Him And Enjoyn That no Person whatsoever receive or bring any Message from Him to Both or either Houses or to any other Person 15. Jan. 1647. The Lords concurred to these Votes 17. August 1648. The Commons concur with the Lords That these Votes for Non-Addresses be Revoked 20. November 1648 The Army present their Remonstrance to the Parliament for bringing Delinquents to Justice 24. November 1648. The Treaty at the Isle of Wight Voted to continue till the twenty seventh of November 1. December 1648. Master Hollis presents an Account of the Treaty with the King And the same day information was brought them of the King 's being removed from Carisbrook to Hurst Castle 5. December 1648. The King's Answer to the Propositions Voted a Ground for the House to proceed upon for Settlement of the Peace of the Kingdom 6. December 1648. The Members were secured by Colonel Pride 7. December 1648. The House of Commons appointed a day of Humiliation Peters Caryl and Marshal to perform the Duty The several Votes For Revoking the Votes for Non Addresses to the King For a Treaty to be had with Him That His Answers to the Propositions were a Ground for Peace Voted Dishonourable and Destructive 23. December 1648. A Committee was appointed to consider how to proceed in a way of Justice against the King and other Capital Offenders 28. December 1648. An Ordinance for Trial of the King was read 1. January 1648. Declared and adjudged by the Commons That by the Fundamental Laws It is Treason in the King of England for the time being to levy War against the Parliament and Kingdom 2. Jan. 1648. The Lords disagreed to this Vote and cast it out and the Ordinance for Tryal of the King Nemine contradicente 3. Jan. 1648. The same Vote was again put to the question in the House of Commons and carried in the Affirmative 4. Jan. 1648. Master Garland presents a new Ordinance for erecting an High Court of Justice for Tryal of the King which was read the first second and third time assented to and passed the same day And Ordered no Copy to be delivered Same day Resolved That the People are under God the Original of all just Powers That themselves being Chosen by and Representing the People have the Supreme Power in the Nation That whatsoever is Enacted or Declared for Law by the Commons in Parliament hath the force of a Law and the People concluded thereby though Consent of King and Peers be not had thereunto 6 Jan. 1648. The Commissioners for Tryal of the King are Ordered to meet on Monday then next at two of the Clock in the Painted-Chamber Their days of sitting were 8 10 12 13 15 17 18 19 20 22 23 24 25 26 27 29 of January 1648. Painted-Chamber Monday 8 January They chose Ask Dorislaus Steel and Cook to be their Councel and other Officers And sent out their Precept under their Hands and Seals for Proclaiming their Court in Westminster-hall to be held in the Painted-Chamber on the tenth Which Precept is all of Ireton's Hand-writing Journal of the Court fol. 6. And Tuesday the 19th The Commissioners Ordered That the Proclamation be made in Cheap-side and at the Old-Exchange And appointed a Committee to consider of the matter of Government of making a new Great Seal and not using the name of a Single Person Wednesday the tenth They chose Bradshaw who was absent for their President and Say pro tempore who gave Garland thanks for his Pains about the business of the Court Fol. 72. And appointed their Councel to prepare and prosecute their Charge And a Committee to consider for carrying on the Tryal Whereof Millington Garland and Martin were three Friday the twelve Waller and Harrison are desired to attend the General to appoint Guards to attend the Court. And Titchbourn and Roe with others to prepare for the Solemnity of the Tryal and to appoint Workmen c. Fol. 16. The Charge to be brought in on Monday And Waller Scot Titchbourn Harrison and others to consider of the place for Tryal and Report the next day Saturday the thirteenth Upon Garland's Report Ordered The Tryal be where the Courts of King's Bench and Chancery sate in Westminster-Hall fol. 20. Monday the Fifteenth The Councel brought in a Draught of the Charge And a Committee appointed to advise therein and compare the Evidence therewith fol. 21. And they and others to consider the manner of bringing the King to his Tryal And that day Titchbourn delivered a Petition to the Commons in the name of the Commons in London in Common-Council differing from the Lord Major and Aldermen The Substance was for bringing the King to Justice Which was Ordered to be Registred in the Books of Common-Councel Wednesday the 17th The Charge recommitted to the Committee Fol. 24. Thursday the 18th Tichbourn excused the absence of Mr. Steel and nothing then else done Fol. 29. Friday the 19th Upon Millington's Report of the Charge and Form of words for exhibiting it Ordered That the Attorney or in his absence the Solicitor exhibit it Fol. 30. And Waller Harrison and others to appoint thirty to wait upon the King and twenty upon the President Saturday the 20th Forenoon Ordered That Mildmay deliver the Sword of State to Humphreys to bear before the President The Solicitor presents the Charge engrossed which being read and signed by him was returned to him to be exhibited And then Adjourned to Westminster-Hall Westminster-Hall Saturday the 20th Afternoon The King was brought in by Thomlinson attended by Hacke and two and thirty Partisans And Cook then exhibited the Charge And the King not owning their Authority was remanded And they Adjourned till Monday Painted-Chamber Monday the 22d Forenoon They approved of what their President had done on Saturday and Resolved That the King should not be suffered to question their Jurisdiction Fol. 50. Westminster-Hall Same day Afternoon Cook prayed That the King
thing to govern absolutely Gentlemen The Imperial Crown is a Word that is significative you shall find in all Statutes primo Eliz. and the first of King James nay even in the Act of Judicial proceedings of this Parliament it is called an Imperial Crown They that take the Oaths of Allegiance and Supremacy they swear that they will to their power assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the King His Heirs and Successors or annexed to the Imperial Crown of this Realm What is an Imperial Crown It is that which as to the Coercive part is subject to no man under God The King of Poland has a Crown But what is it At his Coronation it is conditioned with the people That if he shall not Govern them according to such Rules they shall be freed from their Homage and Allegiance But the Crown of England is and always was an Imperial Crown and so sworn Gentlemen As I told you even now the Imperial Crown is a Word significative that Crown which as to the Coercive part is not subject-to any Humane Tribunal or Judicature whatsoever And truly that this is such an Imperial Crown though I have cited Authorities ancient enough you may find them much more ancient I remember in the Story of William Rufus you shall find it in Matthew Paris and Eadmerus some Question was about Investiture of Bishops and the like the King writes His Letter That c. God forbid I should intend any absolute Government by this It is one thing to have an Absolute Monarchy another thing to have that Government Absolutely without Laws as to any coercive power over the Person of the King for as to Things and Actions they will fall under another consideration as I will tell you by and by Gentlemen Since this is so consider the Oath of Supremacy which most men have taken or should take All men that enter into the Parliament-House they are expresly enjoyned by Statute to take the Oath of Supremacy What says that Oath We swear that The King is the only Supreme Governour within this Realm and Dominions He is Supreme and the onely Supreme and truly if he be Supreme there is neither Major nor Superior I urge this the more lest any Person by any Misconstruction or inference which they might make from something that hath been Acted by the Higher Powers they might draw some dangerous Inferences or Consequences to colour or shadow over those Murtherous and Traiterous Acts which afterwards they committed They had no Authority But as I told you though I do set forth this and declare this to you to let you know that the King was immediately subject to God and so was not punishable by any Perfon yet let me tell you there is that excellent Temperament in our Laws that for all this the King cannot rule but by His Laws It preserves the King and his Person and the peoples Rights There are three things touching which the Law is conversant Personae Res Actiones Persons Things and Actions For the Person of the King He is the Supreme Head He is not punishable by any coercive Power the Laws provide for that The King can do no wrong it is a Rule of Law it is in our Law-books very frequent 22d of Edward the Fourth Lord Coke and many others If he can do no Wrong He cannot be punished for any wrong The King He hath the infirmities and weakness of a man but he cannot do any injury at least not considerable in Person He must do it by Ministers Agents Instruments Now the Law though it provide for the King yet if any of his Ministers do wrong though by his command they are punishable The King cannot arrest a man as he cannot be arrested Himself but if He arrest me by another Man I have remedy against this man though not against the King and so He cannot take away my Estate This as to the Person of the King He is not to be touched Touch not mine Anointed I come to Things If the King claim a Right the King must sue according to His Laws the King is subject to the Laws in that case His Possessions shall be tried by Juries If He will try a man for His Fathers Death you see he will try them by the Laws The Law is the Rule and Square of His actions and by which He Himself-is judged Then for Actions that is such Actions whereby Rights and Titles are prosecuted or recovered the King cannot judge in Person betwixt man and man He does it by his Judges and upon Oath and so in all cases whatsoever If the King will have his Right it must be brought before His Judges Though this is an Absolute Monarchy yet this is so far from infringing the Peoples Rights that the People as to their Properties Liberties and Lives have as great a priviledge as the King It is not the sharing of Government that is for the Libertie and Benefit of the People but it is how they may have their Lives and Liberties and Estates safely secured under Government And you know when the Fatness of the Olive was laid aside and we were Governed by Brambles these Brambles they did not only tear the Skin but tore the Flesh to the very Bone Gentlemen I have done in this Particular to let you see that the Supreme Power being in the King the King is immediately under God owing his Power to none but God It is true blessed be God we have as great Liberties as any People have in Christendom in the World but let us own them where they are due We have them by the Concessions of Our Princes Our Princes have granted them and the King now He in them hath granted them likewise Gentlmen I have been a little too long in this and yet I cannot say it is too long because it may clear misunderstanding so many Poisonous Opinions having gone abroad To come a little nearer If we consider suppose there were the Highest Authority but when we shall consider this horrid Murther truly I cannot almost speak of it but Vox faucibus haeret When we shall consider that a few Members of the House of Commons those that had taken the Oath of Supremacy and those that had taken the Oath of Allegiance that was to defend the King and His Heirs against all Conspiracies and Attempts whatsoever against His and their Persons Their Crowns and Dignities not onely against the Pope's Sentence as some would pretend but as otherwise against all Attempts and Conspiracies not onely against His Person Crown and Royal Dignity nor Pope's Sentence nor onely in order to the Profession of Religion but absolutely or otherwise that is whatsoever Attempts by any power Authority or Pretence whatsoever I say when a few Members of the House of Commons not an eighth part of them having taken these Oaths shall assume upon themselves an Authority an Authority what to do shall assume to
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
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
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
them who did either look Sadly or speak Affectionately And yet it will appear upon our Evidence too that so few of the very Common Souldiers could be brought to approve these Proceedings or to cry out Justice that their Officers were fain by Money or Blows or both to bring a great many to it My Lords The Actors in this Tragedy were many very many so many that sure their Name is Legion or rather many Legions And certainly my Lords when we shall consider the Thing that they have done we cannot but look upon it as a Villany which had in it all the Ingredients to make it detestable that it was possible for the Counsel of Men or Devils either to put together But yet if any thing can be of a deeper Dy then the Guilt of that Sacred Blood wherewith they stand Polluted me thinks their Impudence should make them more odious then their Treason It was the destruction of God's Anointed in the Name of the Lord. It was the Murther of a most blessed and beloved Prince in the Name of His People Him whom they had taken the transcendent Boldness to imprison as the Author of the War they put to Death because He would have been the Author of our Peace and that with so much Scorn and Indignity that some of them were not ashamed to spit in the Face of our Lord and Sovereign And when they had thus quenched the Light of Israel Darkness and Confusion did over-spread the face of the Land many poor Subjects at Home and some Protestants in Foreign Nations at the very News of it fell down Dead as if this excellent King had been in a Natural as well as a Religious sence the Breath of our Nostrils the Anointed of the Lord who was taken in their Pits The Judges Officers and other Immediate Actors in this pretended Court were in number about fourscore Of these some four or five and twenty are dead and gone to their own place The God of Recompences hath taken the matter so far into His Own Hands and who knows but that it might be one dreadful part of His Vengeance that they died in Peace Some six or seven of them who are thought to have sinned with less Malice have their Lives spared indeed but are like to be brought to a severe Repentance by future Penalties Some eighteen or nineteen have fled from Justice and wander to and fro about the World with the Mark of Cain upon them are Perpetual trembling lest every Eye that sees them and every Hand that meets them should fall upon them Twenty nine Persons do now expect your Justice Amongst them the first that is brought is the Prisoner at the Bar and he deserves to be the first for if any Person now left alive ought to be stiled the Conductour Leader and Captain of all this Work that 's the Man He my Lord brought the King up a Prisoner from Windsor but how and in what manner with how little Duty nay with how little Civility to a common Person you will hear in time He Sate upon Him Sentenced Him he Signed the Warrant first to call that Court together then the bloody Warrant to cut off His Sacred Head Against him as against all the rest our Evidence will be of two sorts Witnesses Viva voce that shall first prove to your Lordships that every Person now in Question did sit in that Court when their King stood as a Prisoner at the Bar. We shall prove that the Precept by which this pretended Court was summoned was not obeyed and executed till it had had the hands and seals of most of the pretended Judges among the rest the hand of the Prisoner at the Bar will be found there We shall prove his hand to the bloody Warrant for severing the Sacred Head of our Blessed Sovereign from the Body and then some Circumstances of his Malice and of his Demeanour And after we have done with our Witnesses Viva voce if we have occasion to use Records of Parliament we shall shew them too for we have the Originals or authentick Copies But now we shall proceed to our Evidence Proclamation was made for Silence Sir Edward Turner My Lords The service of this Day doth call to my Memory the Story of good King Amaziah We read in Holy Writ that his Father King Joash was murthered and murthered by His own Subjects but we read further that when Amaziah had regained the Crown was settled in the Government He slew those that slew His Father He did go downe into Edom the Valley of Salt and there He did slay ten thousand The work of this Day doth very much resemble that Action Our Good and Gratious King His Father of blessed Memory and our Father His natural and our politick Father to whom our natural Allegiance was due was murthered and by His own Subjects But My Lords this was not a National Crime and our Good and Gratious Sovereign hath done us that Honour and Right to vindicate us in Forreign Nations and now He is come Home in Power and Glory He does continue in the same Mind that 's the Reason we are not now slain by thousands but that those Miscreants are gathered up here and there that did commit the Offence and would have involved the Nation in a common Infamy Gentlemen of the Jury Your time to enquire of this Matter is precious more pretious then my Words else I would repeat to you the History of the Tragedy at least that Summary that was entred in the Black Book or the Journals of that they then called a Parliament It shall suffice to tell you and that most truly that it was but an handful of men in respect of the whole Nation that did contrive and design this damnable and traiterous Plot to subvert the Laws and change the Government of this well-governed Nation In prosecution of which they did cast abroad and spread forth Jesuitical Maxims Damnable and Diabolical Principles to intoxicate the People and when their Heads were troubled they were easily lead into Arms where after some time they grew drunk with Successes and when they had drunk too much of the Loyal Blood of the People then they thirsted for the Royal Blood also I do confess we read in Stories that Kings have before this time been murthered some in our Nation as King Richard the Second and Edward the Third and in other Nations But the Actors of those Murthers were modest to these They did it in Private these in the Face of the Sun and the People but it was those People Gentlemen they had corrupted with Shares in their Robberies and Villanies They pretended it was in a way of Justice but you must know no Justice can be executed upon the Person of the King Touch not mine Anointed saith God himself My Lords I do read in the Roman Story that both amongst them and other Nations there was no Law against Parricide It was not thought that any man was
Terrours of that Presence of God that was with his Servants in those days However it seemeth good to him to suffer this Turn to come on us and are Witnesses that the things were not done in a Corner I have desired as in the sight of him that searcheth all hearts whilest this hath been done to wait and receive from him Convictions upon my own Conscience though I have sought it with Tears many a time and Prayers over and over to that God to whom you and all Nations are less than a Drop of water of the Bucket and to this moment I have received rather Assurance of it and that the things that have been done as astonishing on one hand I do believe e're it be long it will be made known from Heaven There was more from God than men are aware of I do profess that I would not offer of my self the least Injury to the poorest Man or Woman that goes upon the Earth That I have humbly to offer is this to your Lordships You know what a Contest hath been in these Nations for many years Divers of those that sit upon the Bench were formerly as Active Court Pray Mr. Harrison do not thus Reflect on the Court This is not to the Business Mr. Harrison I followed not my own Judgment I did what I did as out of Conscience to the Lord. For when I found those that were as the Apple of mine Eye to turn aside I did loath them and suffered Imprisonment many years Rather then to turn as many did that did put their Hands to this Plough I chose rather to be separated from Wife and Family than to have Compliance with them though it was said Sit at my Right Hand and such kind of Expressions Thus I have given a little poor Testimony that I have not been doing things in a Corner or from my self May be I might be a little mistaken but I did it all according to the best of my understanding desiring to make the Revealed Will of God in his Holy Scriptures as a guide to me I humbly conceive That what was done was done in the name of the Parliament of England that what was done was done by their Power and Authority and I do humbly conceive it is my Duty to offer unto you in the beginning that this Court or any Court below the High Court of Parliament hath no Jurisdiction of their Actions Here are many Learned in the Law and to shorten the Work I desire I may have the help of Councel Learned in the Laws that may in this matter give me a little assistance to offer those Grounds that the Law of the Land doth offer I say what was done was done by the Authority of the Parliament which was then the Supreme Authority and that those that have Acted under them are not to be questioned by any Power less than them And for that I conceive there is much out of the Laws to be shewed to you and many Presidents also in the Case Much is to be offered to you in that according to the Laws of the Nations that was a due Parliament Those Commissions were issued forth and what was done was done by their Power And whereas it hath been said we did Assume and Usurp an Authority I say this was done rather in the Fear of the Lord. Court Away with him Know where you are Sir You are in the Assembly of Christians Will you make God the Author of your Treasons and Murthers Take heed where you are Christians must not hear this We will allow you to say for your own Defence what you can And we have with a great deal of Patience suffered you to sally out wherein you have not gone about so much for Extenuation of your Crimes as to Justifie them to fall upon others and to Blaspheme God and commit a new Treason For your having of Councel This is the reason for allowing of Councel when a man would Plead any thing because he would Plead it in Formality Councel is allowed But you must first say in what the Matter shall be and then you shall have the Court's Answer Lord Finch Though my Lords here have been pleased to give you a great Latitude this must not be suffered that you should run into these damnable Excursions to make God the Author of this damnable Treason Committed Mr. Harrison I have two things to offer to you to say for my Defence in Matter of Law One is That this that hath been done was done by a Parliament of England by the Commons of England assembled in Parliament and that being so whatever was done by their Commands or their Authority is not questionable by your Lordships as being as I humbly conceive a Power Inferiour to that of an High Court of Parliament That 's one A second is this That what therefore any did in obedience to that Power and Authority they are not to be questioned for it otherwise we are in a most miserable Condition bound to obey them that are in Authority and yet to be punished if obeyed We are not to Judg what is lawful or what is unlawful My Lords Upon these two Points I do desire that those that are Learned in the Laws may speak too on my behalf It concerns all my Countreymen There are Cases alike to this you know in King Richard the Second's Time wherein some Question had been of what had been done by a Parliament and what followed upon it I need not urge in it I hope it will seem good to you that Councel may be assigned for it concerns all my Countreymen Councel You are mistaken if you appeal to your Countreymen They will cry you Out and shame you Mr. Harrison May be so my Lords some will but I am sure others will not Mr. Sollicitor Gen. These two Points my Lords are but one and they are a new Treason at the Bar for which he deserves to dy if there were no other Indictment It is the Malice of his heart to the Dignity and Crown of England I say this is not matter for which Councel can be assigned Councel cannot put into Form that which is not Matter Pleadable it self It is so far from being true that this was the Act of the Supreme Parliament of the People of England that there was nothing received with more Heart-bleeding than this Bloody Business But that the World may not be abused by the Insinuations of a man who acts as if he had a Spirit and in truth is possessed I will say That the Lords and Commons are not a Parliament That the King and Lords cannot do any thing without the Commons Nor the King and Commons without the Lords Nor the Lords and Commons without the King especially against the King If they do they must answer it with their Head for the King is not accountable to any Coercive Power And for the Prisoner to Justifie his Act as if it were the Act of the Commons of England
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
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
nothing but indeed to make a new Government which is the highest Treason next to the Murthering of the King in the world To subvert the Laws and to make a few of the Commons nay if they had been the whole to make them to have the Legislative power Mr. Scot if you have any thing in extenuation of the Fact we shall hear you further we cannot L. Finch If you speak to this purpose again for my part I will profess my self I dare not hear further of it It is so poysonous blasphemous a doctrine contrary to the Laws if you go upon this point I shall and I hope my Lords will be of that opinion too desire the Jury may be directed Scot. I thought my Lord you would rather be my Councel it is not my single opinion I am not alone in this Case therefore I think I may justifie my self in it it was the Judgement of many of the Secluded Members to own us to be a Parliament Lord Annesley What you said last doth occasion my rising you seem to deliver my opinion who you know could never agree to what you have alledged truly I have been heartily sorry to hear the defence you have made to day because you know I have had Letters from you of another nature I was very confident to have heard you an humble Penitent this day instead of justifying your self As to that which you say of the Secluded Members owning you to be a Parliament they were so far from it that you know for how many years they lay under sufferings and obscurity because they could not acknowledge that an Authority which was not so You cannot forget the Declaration of both Houses that was published upon a Jealousie that the people had they would change the Government of King Lords and Commons It was far from their thoughts it was called in that Declaration A black scandal cast upon them This Declaration you know was by Order of both Houses affixed in all Churches of England that people might take notice what they held to be the Fundamental Government of this Kingdom King Lords and Commons After this for you to set up another Government and under them to act such things that one would think should hardly enter into the heart of any man You know very well all along they declared themselves faithful Subjects to the King and so would have lived and dyed and you might have had your share of the happiness of that peace if you could have had an Inclination to submit to that which both Houses had resolved when you and others could not bring your hearts to stoop to your Fellow Subjects when you could not submit to that equal rule to take your share with them When Pride carried some so high then was the beginning of your fall and others and none could expect other than what is now come to pass That they should come to that shame and sorrow that this day hath brought upon you I could have wished to have heard nothing but an humble confession of the fault that hath been clearly proved and no Justification of it You have sworn among others to preserve the Laws and People of the Kingdom but you drove away not only the House of Lords but most of the Commons and then to give the name of a Parliament to the Remainder this is a great aggravation of your Treason I think we of the Secluded Members could not have discharged our duty to God and the Kingdom if we had not then appeared in Parliament to have dissolved that Parliament and so by our joynt assent put an end to all your pretences which if we had not done we had not so soon come to our happiness nor you to your miseries Lo. Ch. Bar. The Court hath told you before their opinions in the thing and no further debate is to be allowed in this the Justification of it doth comprehend treason We our selves are not by Law to allow the hearing of it If you have nothing to say for your self I must give direction to the Jury Scot. I humbly crave leave to move the Jury that they bethink themselves and consider of it rather as a special Verdict than of a definitive one I think there is cause of a special Verdict Court If there was need of a special Verdict We are upon our Oaths I should give direction to the Jury What We do We do upon our Oaths and must answer it before God Almighty The Court hath delivered their opinions before that in this Case the Pretended Authority under which you did derive that Power which you did execute that it is no Authority it is void in Law it is a foundation if it were true of subverting all Laws and indeed of all Religion a Power that you assumed to your selves of Judging and Condemning your King that you would countenance such an Authority is a great aggravation of the fault They are Jugdes whether you did Imagine or Compass the Kings Death that is all the Jurors have to do Gentlemen of the Jury Scot. I would know what particular Law I have transgressed in this thing Court The Law of God and Man 25 Edw. 3. Scot. I humbly conceive that reaches not to this Case Court To satisfie you in that the very words of the Statute are If any man do Compass or Imagine the Kings Death it is Treason The Indictment is That you did Imagine and Compass the death of the King if the Fact be proved against you you are within the Statute Scot. You will not say the King shall be a Traytor if he shall Compass the death of the Queen Court The Queen is a Subject Scot. I am not yet convinced Lo. Ch. Bar. Gentlemen of the Jury Scot. I do plead and claim that I am within the Compass of several Pardons and desire Councel in that particular I do come within the Compass of his Majesties Pardon Lo. Ch. Bar. If you had not gone on to matter of Justification you might have been more heard to this of Pardon but after a Justification then to come for a Pardon which implies a confession of Guilt they are contradictory I must tell you we are now upon point of Law That Proclamation I doubt not but his Majesty will inviolably make good but we are not to judge of that it is nothing to a legal proceeding You are now in a Court of Law it is not to be pleaded in a Court of Law the Kings Pardon in Law must be under his Broad Seal How far you are under that Proclamation care will be taken and what is fitting to be done will be done but it is nothing in the matter of the Charge to this Jury Scot. I desire Councel touching the Statute of 25 Edw. 3. Court You should have done it before you had confessed the Fact Scot. I may do it in Arrest of Judgement Lo. Ch. Bar. Mr. Scot for that of the Kings Proclamation if you be within the benefit and
Whitehall there were some Cavaliers then in the Regiment it was my fortune I came into your Company I wish I never had you commanded more besides my self to be a Witness against the King and Justice Cook took my Examination you brought me in you commanded the Guards that time at Whitehall when the King was upon his Tryal Axtell What more Burden And you commanded Elisha Axtell with a file of Souldiers to take a Boat and go down to the common Hangman that liv'd beyond the Tower to execute the King he is now Shepards Serjeant in Ireland Axtell My Lord I desire to ask him a question he was pleased to say I desired him to be a Witness Bur. Yes Axtell Where was it Burden In the Court at Whitehall Axtell My Lord I have seen the printed List of Witnesses against the King and in that list you shall find no such Name Burden I have been a Prisoner in Dublin by your means Axtell My Lord I hope you will take notice of that Councel Burden do you remember any of his commands to Web to draw up in the Banqueting-house Bur. He commanded Web to draw up in the Banqueting-house during the time of Execution his own company I was one of his own company then Coun. In order to what Bur. For Execution Axtell My Lord is Web here Bur. He is in Dublin Axt. I wish he were here Edward Cook sworn Cook And it please your Honour my Lord the last day of the Tryal of his Majesty I came into Westminster-hall coming where the Court was I did see Col. Axtell the Prisoner at the Bar there with some Musquetiers Coun. What day was this Cook The last day of his Majesties Tryal L. ch Bar. Go on Sir Cook Standing there a little while his Majesty came guarded with some Halberteers when he came by the Souldiers that stood with Col. Axtell his Majesty bowed and afterwards put off his Hat and went up to the Court I could not know what Bradshaw said to him I stood below I heard him say he was brought by the consent of the Commons and people of England there stood a Lady above in a Gallery crying out it is a lye where are the people or their consents Cromwel is a Traytor whereupon Col. Axtell standing by saith he what Drab is that that disturbs the Court come down or I will fetch you down Mr. Nelson sworn Coun. Tell my Lords and Gentlemen of the Jury touching the Discourse between you and the Prisoner at the Bar in Dublin Nelson My Lords and Gentlemen of the Jury upon a Discourse with the prisoner at the Bar in Dublin 5 or 6 years since upon the platform in that Castle we discoursed of the late Kings having had several reports I desired to know of him who it was that Executed the King thinking he might inform me he was pleased to tell me this saith he the persons that were imployed in that service you know them as well as I do truly Sir not I said I I saw them in Vizards but not their Visage as I know of yes saith he you do know them it is true saith he my self and others were imployed in that affair in order to the Execution but there were several persons came and offered themselves out of a kind of Zeal to do the thing but we did not think it proper to imploy persons whom we did not know but we made choice of a couple of Stout persons pray let me hear their Names said I saith he it was Heulet and Walker I desired to know their reward Truly saith he I do not know whether 30 l. a piece or between them I said it was a small reward for a work of that Nature truly saith he that was all Axt. You named one man I did not hear the other named Nelson I named Heulet and Walker we was one that managed the Execution he told me so and it pleased you Sir Axtell He is pleased to say that in Ireland there was such conference was any body by Nelson No Sir Axt. Did I name any body to you Nel. You named those two persons Axt. Certainly I must invent them then for I had no more knowledg of them then any one here Nel. You told me you were one of them that had the managing of that Affair Councel My Lord we have done with our Evidence those particulars that were first opened to you have rendred the prisoner much a blacker person then we thought we leave him to his defence Axt. May it please your Lordships in the first place because I am ignorant in the Laws I desire to know upon what Statute this indictment is grounded L. ch B. It is grounded upon the statute of the 25th of Edward the Third Axt. My Lords I must acknowledg my ignorance of the Laws being a thing I never studied nor have the knowledg of but I have heard it is the duty of your Lordships and the Judges to be of Counsel for the Prisoner in things wherein he is ignorant in matters of law to make his just defence and therefore my Lord the Indictment it self being matter of law if your Lordships please not to grant me Counsel to speak to matrers of law I humbly pray that your Lordships will be pleased that for want of knowledg formalities punctilloes and niceties of the Law I might not undo my self I have heard by a learned Judg that though the Judg be of Counsel to the King yet by his Oath he is also to be Counsellor to the Prisoner and stands as a Mediator between the King and Prisoner and therefore my Lord I shall beg that humble favour that wherein I shall fall short to make the best improvement of my Plea in matter of law that your Lordships will help me and not take advantages against me as to the niceties formalities and punctilloes of the Law and my Lord this is a resemblance of that Great day where Christ will be Judg and will judg the secrets of all hearts and of all words and of all persons and by him all Actions are weighed knows all our hearts whether there be malice or how it stands in the frame of each heart before him in this place and therefore I hope there will be nothing by prejudging or any thing by precluding to be so black a person as it seemed to be said against me My Lords I must shorten the time and come to speak as to the Authority L. Ch. Bar. As to what Sir Axt. I speak as to the Authority by which or under which I acted I humbly conceive my Lord under favour that I am not within the compass of that Statute of the 25th of Edward the Third for that questionless must intend private persons Counselling Compassing or Imagining the death of the King But you know my Lords the War was first stated by the Lords and Commons the Parliament of England and by vertue of their Authority was forced to be raised and they pretended
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
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