his Execution and that one of the Prisoners at the Bar was in before the High Court of Justice consulting of bringing it about When we have proved this I think it is enough Pray call the Witnesses Harvey My Lord according to my duty I shall save this honourable Court all their trouble I do humbly acknowledg that I was and did sit in that Court but I did not Sign and Seal that Warrant L. Ch. B. It is very true Mr. Harvey Har. I hope your Lordships and this honourable Bench will give me leave in that time which you shall appoint to shew you my reasons that I did it not of Malice and it was an error not of Will but of Judgment what I have to say will be thought not for the annihilating yet for the extenuation of my crimes Lord Chief Baron Say now what you will only consider with your self whether you have not already spoken as much as you can for the Extenuation of it say what you can further Harvy Let me speak a word L. Ch. Bar. Go on Sir Harvey My Lord I do humbly conceive if I had conceived that I had then done any thing of Treason I would not for all the World have been there I was present when his Majesty did not own the Court desiring that both his Houses might meet that he might have a Conference with them for setling of the peace My Lord heartily and unfeignedly I did endeavour that that advice might be embraced and that no sentence might be pronounced I was one of those with some others that did so far promote it that that which they called the High Court of Justice did withdraw to consider of it but the major part of it did dissent But my Lord I was so unhappy as to return to the Court though with reluctancy I went with a resolution not to go more to them nor never did I was sommoned to come to the Court I did declare I abhorred the thing that my Soul had reluctancy against it and I was greatly grieved and troubled at it and I did refuse any more to come or to consult about any thing that followed in order to his Majesties death and to Sign and to Seal And that I may make it appear to your Lordships I pray I may have a Witness or two examined Lord Chief Baron Name them Did he sit upon the day of sentence Councel Yes he did he followed it Mr. Edw. Corbet examined Mr. Corbet My Lord the attestation which I this day make solemnly in the holy fear of Almighty God and in awful reverence of this great Tribunal hath only this great scope that Colonel Harvey the Prisoner at the Bar upon that day of signing the Warrant for that horrid Execution of His most Excellent Majesty not in title only but in reality he finding me as I was passing to the duty of my place in the Assembly of Divines then sitting he seized on me and desired privacy of time and place that he might disburthen his soul and spirit unto me it was then about nine a clock in the forenoon to the best of my remembrance L. C. B. What day I beseech you Corbet To the best of my remembrance upon the Monday Sir says he I desire to make known unto you the deep horrour that sits upon my spirit the sadness and grief above all expressions that my present case has cast me into I have endeavoured Sir says he in the sight of God all that possibly I could to divert them from the Sentence I could not prevail Sir says he I have been this morning sollicited with very much earnestness that I would go and sign and seal and order that wicked Execution which my soul abhors and Sir that I might be removed and withdrawn from all temptations and sollicitations of such a wicked fact I beseech you spare me your time this day which I did in the presence of another Divine till four a clock that afternoon and then I parted and went to Westminster to sign and assist that which I did apprehend my bounden duty the Vindication of the Assembly of Divines wherein we did testifie that it was far from our thoughts to advise the Parliament to any such unheard of unnatural act Councel We do admit that after he sat and Sentence past that he did not sign Harvey Be pleased to call one Mr. Tho. Langham he hath heard me often declare against that act Mr. Thomas Langham examined Lord Chief Baron What do you say Mr. Langham as to this business Langham Sir about the time that his Majesty was executed in 1648. I was then Servant to Alderman Sleigh who was formerly partner with this Colonel and he frequently came to Alderman Sleigh's every night and the Alderman having some business with him would ask him what News there was at the High Court of Justice he usually told him the passages upon any day the Alderman asked him if so be he thought his Majesty might escape he told him this that he would do what lay in his power that he might that he might not come to have Sentence past upon Saturday being also there he told him this that he had done what lay in his power to hinder the Sentence but could not attain his design but he was resolved he would never sign nor seal to his Majesties death for it was utterly against his Judgment Harvey There is another my Lord and but one more that is George Langham Lord Chief Baron To what purpose This is believed Harvey I shall only crave and supplicate this favour of this Honourable Bench that this Honourable Bench will be pleased on my behalf since I have endeavoured it two moneths before to present my humble Petition to his Sacred Majesty and to intercede for mercy and favour on my behalf my self my wife and thirteen Children shall humbly pray The Court received the said Petition and promised to present it to his Majesty Millington I do not know whether it will be seasonable for me to interpose now I would speak a little Lord Chief Baron Is he next in order Clerk No my Lord Pennington is next Pennington I am unwilling to be troublesom to the Court This I shall take the boldness to say which shall be nothing but truth I never had a hand in plotting contriving malicious practices against his Majesty demonstrated by my utterly refusing to sign the Warrant for his Execution though often sollicited thereunto I cannot deny but I sate amongst them that day of the Sentence but I cannot remember I was there when the Sentence passed My sitting amongst them was out of ignorance I knew not what I did therefore I hope you wil believe there was nothing of malice in any thing I did I was misled to it L. Ch. Baron I cannot hear you he not speaking aloud Penington It was Ignorance not Malice that lead me if I had known what I had done I would not have done it I humbly pray that
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
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
Officers of the Army silence was required and that was all that was done I suppose where a man is commanded to keep silence as the Sheriff is required to keep all at peace in a Court if he restrain a person that will not be quiet it is not Treason in him nor in me in this particular My Lord in the next place Mr. Temple is pleased to say that I stood upon the pavement laughing while others sighed Truly my Lord I know not whether I saw the Gentleman or no certainly smiling is no Treason if I did so though I believe I had as great a sense that day as many other persons there this is the sum of that he saith only he further adds that I bid the Souldiers cry for Justice truly my Lord L. ch Bar. Because it may be your Notes are short I will acquaint you there was a little more in it he said you bid the Souldiers cry out Justice Justice and they coming not very readily to it you struck some of them till they with your self cryed out Justice Justice till they with your self did it Axt. My Lord To that I answer that in the Hall there was some kind of people did set up a crying some kind of words and may be some of the Souldiers might cry so too I might command them to hold their Tongues and to say I 'le teach you to cry Justice and so the Gentleman standing by might believe I was the person that bid them do it Truly my Lord is this all that the Gentleman says which I humbly conceive is nothing because he does not say against any person and therefore my Lord I do hold to that Maxim in the Law as Sir Edward Cooke holds that man of great parts of learning and knowledg That in matters of Treason wherein a man is the most highliest concern'd in his life and posterity there ought not to be construed against him Inferences or presumptions or strains of wit there is no more in this and this is all that I say in this particular In the next place Mr. Temple is pleased to say that after the Court had sentenced his Majesty he was hurried away in a Cedan Truly whether he was or not I know not There was a Guard of Halbertiers whereof Col. Huncks was one and several others as I have heard they were Select Guards of his Majesty Guarding him from St. Jame's to other places how he came to be hurried I know not it was not by me and whereas he say's during the whole Tryal I was there truly I think I was there by command of my General by Authority of the Lords and Commons L. ch Bar. You speak this that the Jury may understand you did it by command of your General Do you mean by express command Axt. I did not move a day but by special command L. ch Bar. By whom Axtell The Lotd Fairfax gave his Orders every morning to his Adjutant General or Major General and they issued them out to such and such persons as he appoints L. ch Bar. Who gave these Orders out Axt. The Lord Fairfax we did all under him L. ch Bar. You had not the order immediately from him Axtell The Major General had L. ch Bar. What Major General gave you that Order Axtell There was Cromwell and Ireton L. ch Bar. The Lord Fairfax gave you no immediate Commission Axtell He have my Superior Officers L. ch Bar. How do you know that Axtell My Lord because they told me so it was by his command L. ch B. The question is now understood Axt. The next person that speaks is Mr. Bodurdoe and he says that I commanded the Souldiers at the King's Tryal and that a Lady that was speaking was commanded silence to this purpose Truly my Lord this is but the same as before L. ch Bar. You said Shoot too Axt. No my Lord I said not any such word or any thing like it I heard there was an Officer went up and intreated her to be silent I say it is the same with the former it is no Treason to desire one to be silent My Lord the next Witness that speaks in Evidence against me is Mr. Young he says this I bid the Souldiers cry for justice it is very like that person as well as Mr. Temple might see me in the croud speaking to make the Souldiers quiet I might repeat the words that the people said repeat the word justice or some such word as the peoples words L. Ch. Bar. Remember how he repeats them he saw you active in setting on the Souldiers to cry justice Axt. If I have taken them right one says he heard me say such words as justice and that he saw me strike two or three Souldiers if in the Tumult such a word should be started I hearing of them I might strike those Souldiers that said justice justice and might repeat the words I 'le give you justice and so strike them that is a good Evidence that it might be a repetition of their words and not any of mine own They both speak as to the word justice but here was not justice mentioned to any person I might repeat their own words and chastise them for those words besides this though I do not say the word was spoken by me if the word justice had been spoken my Lord I hope it is no Treason to say desire justice it is Gods great Attribute it is God's Ordinance and that can be no Treason I have read in Law Books though but lately and I cannot find that the word Justice should be made Treason then there is no person to whom that adjunct doth belong The next Evidence my Lord is Capt. Jeonar he saith I commanded a Guard truly several Regiments took their turns as they were commanded by the General and I as an inferior Officer was there but that is no more than what was said before it was done by the Authority of the General if I had not done it I had died by the Law of War He saith there was a cry for Justice I can say nothing more than I have formerly said it may be in the Tumult the Souldiers might say so and I chastising of them and repeating that in my chastisement they might think they were mine own words L. Ch. Bar. Mr. Axtell I would help your memory he swears the last day you encouraged the Souldiers to cry Execution Execution Axt. For that particular I am coming to it I thank your Lordship for helping me My Lord for that of Execution truly I cannot say whether I was there that day or no one day I was commanded to be there with some Companies in Westminster-Hall but whether I was there any more than that one time is the question Admit I was there that day I was never there but when I was commanded when the Colonel that commanded the Regiment was there I as an inferior Officer ought to be there I was there by a special Order and not by
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
be directed to answer and if he refused That the matter of the Charge be taken pro confesso And the King not owning their Authority was remanded Fol. 58. Westminster-Hall Tuesday the 23d Afternoon The King not owning their Authority was remanded and the Court Adjourned to the Painted-Chamber And there Resolved They would examine Witnesses Fol. 61. Painted-Chamber Wednesday the 24th was spent in examining their Witnesses Fol. 66. Painted-Chamber Thursday the 25th Afternoon They examined more Witnesses They Resolved to proceed to Sentence of Condemnation against the King And that this Condemnation be for being Tyrant Traytor and Murtherer and Publick Enemy to the Commonwealth And that the Condemnation extend to Death Fol. 68. And Ordered That a Sentence grounded upon these Votes be prepared by Scot Marten Harrison and others Painted-Chamber Friday the 26 th The draught of the Sentence Reported and agreed And Resolved That the King be brought the next day to Westminster-Hall to receive it Fol 96. Painted-Chamber Saturday the 27 th Fore-noon The Sentence being engrossed Resolved The same should be the Sentence which should be read and published in Westminster-Hall the same day That the President should not permit the King to speak after Sentence That after the Sentence read he should declare it to be the Sence and Judgment of the Court. That the Commissioners should thereupon signifie their Consent by standing up And the same day the Commons Ordered the Clerk to bring in the Records of that Judgment to the House Journal of the House Westminster-Hall the same Day After-noon The King being brought in and not owning their Authority the Sentence was read And upon the Declaration of the President That it was the Judgment of the Court they stood up and Owned it and Adjourned to the Painted-Chamber And there appointed Waller and others to consider of the Time and Place for Execution Painted-Chamber Monday the 29 th Upon the report of the Committee Ordered A Warrant be drawn for executing the King in the open Street before White-Hall the next day directed to Hacker and others which was done accordingly Fol. 116. 31. January 1648. Ordered by the Commons That the Lord Grey out of Haberdashers-Hall to difpose of 100 l. for the Service of the Common-wealth 2. February 1648. They Ordered in the first place to take into Consideration and Debate the House of Lords for settlement of the Government 6. February 1648. The House being seventy three And the Question put Whether that House should take the Advice of the House of Lords in the exercise of the Legislative Power The House was divided and it carried in the Negative by fifteen Voices And then Resolved That the House of Peers was useless and dangerous and ought to be abolished And Ordered an Act to be brought in for that purpose 7. February 1648. The Declared That the Office of a King in this Nation and to have Power thereof in a Single Person was unnecessary burthensom and dangerous to the Liberty Safety and publick interest of the People and therefore ought to be abolished 9. February 1648. They Ordered The Narrative of the Proceeding and Records for Tryal of the King to be forthwith brought into this House 16. February 1648. They Ordered That the Clerk of that High Court of Justice be desired to bring in those Proceedings to their House the next Day March 1648. Sir Arthur Hasilrig Reports from the Committee that Charls and James Stewart Sons of the late King should dye without Mercy wheresoever they should be found 12. December 1650. Mr. Say Reported the Proceedings of their High-Court against the King contained in a Book entituled A Journal c. which was read at large by their Clerk He likewise presented from that Court the Act for Tryal of the King and the Precept for holding the Court. The Charge was exhibited the twentieth And The Sentence Read the twenty seventh of January 1648. And thereupon they Declared That the Persons entrusted in that great Service had discharged their Trust with great Courage and Fidelity That the Parliament was well satisfied in that Accompt of the Particulars and Proceedings And Ordered That the same Records do remain among the Records of Parliament That those Proceedings be Engrossed in a Roll and Recorded among the Parliament-Rolls for transmitting the Memory thereof to Posterity And Resolved That their Commissioners for their Great Seal issue a Certiorari to their Clerk to transmit those Proceedings into the Chancery there to be on Record And that the same be sent by Mittimus from thence to other Courts at Westminster and Custos Rotulorum of the Counties to be Recorded In the County Middlesex The Proceedings at Hicks Hall Tuesday the 9th of October 1660. in order to the Tryal of the pretended Judges of his late Sacred Majesty THe Court being sate the Commission of Oyer and Terminer under the Great Seal of England was first read It was directed to the Lords and others hereafter named viz. Thomas Aleyn Knight and Baronet Lord Mayor of the City of London The Lord Chancellor of England The Earl of South-hampton Lord Treasurer of England The Duke of Somerset The Duke of Albemarle The Marquess of Ormond Steward of his Majesties Houshold The Earl of Lindsey Great Chamberlain of England The Earl of Manchester Chamberlain of his Majesties Houshold The Earl of Dorset The Earl of Berkshire The Earl of Sandwich Viscount Say and Seal The Lord Roberts The Lord Finch Denzil Hollis Esquire Sir Frederick Cornwallis Knight and Baronet Treasurer of His Majesties Houshold Sir Charles Barkly Knight Comptrouler of His Majesties Houshold Mr. Secretary Nicholas Mr. Secretary Morris Sir Anthony Ashley-Cooper Arthur Annesley Esquire The Lord Chief Baron Mr. Justice Foster Mr. Justice Mallet Mr. Justice Hide Mr. Baron Atkins Mr. Justice Twisden Mr. Justice Tyrrel Mr. Baron Turner Sir Harbottle Grimston Knight and Baronet Sir William Wild Knight and Baronet Recorder of London Mr. Serjeant Brown Mr. Serjeant Hale John Howel Esquire Sir Geoffry Palmer His Majestie 's Attorny General Sir Heneage Finch His Majestie 's Solicitor General Sir Edward Turner Attorney to His Highness the Duke of York Wadham Windham Esquire Edward Shelton Esquire Clerk of the Crown The Grand Jury Sworn were Sir William Darcy Baronet Foreman Sir Robert Bolles Baronet Sir Edward Ford Knight Sir Thomas Prestwick Sir William Coney Knight Sir Charles Sidley Baronet Sir Lewis Kirk Knight Sir Henry Littleton Baronet Sir Ralph Bovey Baronet Edward Chard Esquire Robert Giggon Esquire John Fotherly Esquire Charles Gibbons Esquire Thomas Geree Esquire Richard Cox Esquire Robert Bladwell Esquire Henry Mustian Esquire John Markham Esquire Edward Buckley Gent. Francis Bourchier Gent. Edward Lole Hart Cryer After Proclamation for silence was made it pleased Sir Orlando-Bridgman Lord Chief Baron of His Majestie 's High Court of Exchequer to speak to the Jury as followeth The Lord Chief Baron's Speech Gentlemen YOu are the Grand Inquest for the Body of this County of Middlesex You may
and art now arraigned or Not guilty Tichbourn My Lord I have been a very close Prisoner without any advice I am altogether unable in Law to speak Court You know the Course hath been delivered to you by others I will not trouble you with it It is neither long nor short the Law requires your answer Guilty or not guilty Tichbourn Spare me but one Word If upon the Trial there shall appear to be matter of Law shall I have the liberty of Councel for it if I shall be put in my own Case to plead matter of Law against those noble Persons who plead on the other part I shall but prejudice my self and therefore I crave Councel Court You must Plead Guilty or Not guilty Tichbourn I have no Reason nor Design to desplease you I am sure I am no waies able to plead with equalness in Point of Law with those Noble Gentlemen To the Matter of Fact this is my Plea in Manner and Form that I stand Indicted I am Not guilty Clerk How will you be Tried Tichbourn By God and the Countrey Clerk God send thee a good Deliverance Clerk Owen Roe Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Owen Roe My Lord there hath been so much said already by others I think I need say no more In Manner and Form as I am now Indicted I Plead Not gulty Clerk How will you be Tried Owen Roe By God and the Countrey Clerk God send you a good Deliverance Clerk Robert Lilburn Hold up your Hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Robert Lilburn I desire in regard that being so close a Prisoner for twenty daies that no body ha's been suffered to advise with me Lord Chief Baron I must interrupt you You must not mispend the time Understand the Law You must Plead guilty or Not guilty Rob. Lilburn Will you give me leave to desire Councel before I Plead to advise me touching my Plea Clerk Are you Guilty or Not guilty Rob. Lilburn I desire Councel Court Take heed if that be your Answer You desire Councel and do not Plead and that be Recorded Judgment will pass against you There is nothing to Plead but Guilty or Not guilty If Not guilty what you have to say will be heard Rob. Lilburn If you over-rule me I must submit Court Do not let such Language fall from you it is improper The Law gives us a Rule The Prisoner must Plead Guilty or Not guilty Rob. Lilburn I say then in Manner and Form as I am Indicted I am Not guilty Clerk How will you be Tried Rob. Lilburn By God and the Countrey Clerk God send you a good Deliverance Clerk Bring to the Bar Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement and John Cook Who were brought accordingly and being commanded severally held up their hands at the Bar. The Indictment was read to the Persons at the Bar as before Clerk Adrian Scroop Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Adr. Scroop My Lord Not guilty Clerk How will you be Tried Adr. Scroop By God and the Countrey Clerk God send thee a good Deliverance Clerk John Carew Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and art now arraigned or Not guilty John Carew There is some special matter in that Indictment that ought not to be before Court Are you guilty or Not guilty John Carew Saving to our Lord Jesus Christ his Right to the Government of these Kingdoms Clerk Are you Guilty or Not guilty John Carew I say I am Not guilty Clerk How will you be Tried John Carew How would you have me Clerk Will you be Tried by God and the Countrey John Carew I if you will Clerk You must say the words How will you be Tried John Carew By God and the Countrey Clerk God send you a good Deliverance Clerk John Jones Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Jones Not Guilty my Lord. Clerk How will you be Tried John Jones By God and the Countrey Clerk God send you a good Deliverance Clerk Thomas Scot Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Th. Scot. Truly I cannot call it Treason and therefore I Plead Not guilty Clerk How will you be Tried Th. Scot. By God and the Countrey Clerk God send you a good Deliverance Clerk Gregory Clement Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Greg. Clement My Lord I cannot excuse my self in many Particulars but as to my Indictment as there it is I Plead Not Guilty Clerk How will you be Tried Greg. Clement By God and the Countrey Clerk God send you a good Deliverance Clerk John Cook Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Cook I humbly conceive that this is now time to move for Councel for matter of Law Court You know too well the manner of the Court. Are you Guilty or Not guilty John Cook Not guilty Clerk How will you be Tried John Cook By God and the Countrey Clerk God send you a good Deliverance Clerk Bring Edmund Harvey Heary Smith John Downs Vincent Potter and Augustine Garland to the Bar. Who were brought accordingly and being commanded severally held up their Hands The Indictment was read to them Clerk Edmund Harvey Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Edmund Harvey Not guilty my Lord. Clerk How will you be Tried Edmund Harvey By God and the Countrey Clerk God send you a good Deliverance Clerk Henry Smith Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and for which thou art now Arraigned or Not guilty Henry Smith Not guilty my Lord. Clerk How will you be Tried Henry Smith By God and the Countrey Clerk God send you a good Deliverance John Downs Vincent Potter Augustine Garland upon the Question presently pleaded Not guilty and put themselves on God and the Countrey to be Tried Clerk Set to the Bar George Fleetwood Simon Meyn James Temple Peter Temple Thomas Wait Hugh Peters Francis Hacker and Daniel Axtel Who being at the Bar held up their Hands according to Order afterward the Clerk read the Indictment against the said Persons Which being ended he proceeded in this manner
so unnatural and Devilish to destroy his Father But we do find amongst the Romanes such a Fact was committed and then they were at a loss to punish it The way was this that they found out the Offendour they sewed into a Mail of Leather so close that no Water could get in when they had done they threw him into the Sea by this denoting the Offendour was not worthy to Tread upon the Ground nor to Breath in the Air nor to have the benefit of any of the four Elements nor the use of any of God's Creatures and so he starved Gentlemen Parricide and Regicide differ not in Nature but in Degree Parricide is the killing of the Father of one or a few Persons Regicide the Killing the Father of a Countrey What Punishment then is suitable to this Offence Gentlemen The Prisoner at the Bar is accused of this Offence and now to be Tried by you but before we enter upon the Evidence I must with the leave of the Court inform you That though the Indictment contains many Circumstances and Gradations in the Treason yet the Imagining and Compassing the Death of our late Sovereign is the Treason to which we shall apply our Evidence this being both by the Common-Law and by the Statute of the 25th of Edward the 3d. the Principal Treason to be enquired of And the other Circumstances in the Indictment are but so many matters to prove the Overt-Act The Consultations the Assuming Power to Try and Condemn the King The Assault upon him and the Fatal Blow that was given him are but so many Demonstrations and open Acts proving the first Treasonable Design of the Heart It will be enough for you and so my Lords will tell you if we prove the Treason it self which is the Compassing and Imagining the Death of the King though we fail in some of the Circumstances laid in the Indictment I do not speak this as if we should fail in any but it is not necessary to prove them all if we prove any you are to find the Prisoner Guilty I am not willing to hold your Lordships too long in the Porch but desire to descend into the Body of the Business and so we shall call our Witnesses and doubt not but to prove that this Man at the Bar was the first and not the least of these Offendours Mr. George Masterson was called Mr. Harrison When I was before your Lordships yesterday I offered something very material in reference to the Jurisdiction of the Court but you told me according to the Rule I must Plead Guilty or Not Guilty and what I had to offer should be heard in its proper place I now desire to know whether it be proper now to deliver my self before you proceed to the calling of Witnesses for I would go the best way and would not willingly displease you Lord Chief Baron What was promised you yesterday God forbid but you should have it But I think it will be best for you to hear the Evidence and then what you have to say you shall be fully heard Mr. Harrison I am content Whereupon George Masterson Stephen Kirk Francis Hearn William Clark Robert Coitmore and James Nutley were called and sworn Councel Mr. Masterson Whether did the Prisoner at the Bar sit in that which they called the High Court of Justice to sentence the King or no Pray tell my Lords and the Jury thereof and what else you know of the matter Mr. Masterson Upon the Oath I have taken my Lords and Gentlemen of the Jury I saw the Prisoner Th. Harrison sit in that which they called The High Court of Justice upon the 27th day of January in the year 1648. to sentence the King Councel Was it the day the Sentence was passed against the King Mr. Masterson It was the day of the Sentence the 27th of Jan. 1648. Councel Can you say any thing else Mr. Masterson I do Sir further remember that when the Clerk of the Court as he was called read the Sentence against the King and said It was the sentence of the whole Court I saw the Prisoner at the Bar together with others stand up to my apprehension as Assenting to it Councel Was there not direction that all should stand up as Assenting Mr. Masterson I do not know that but when the Sentence was read several of them did stand up and he among the rest as Assenting to the Sentence as the Spectatours understood Councel Mr. Clark What do you say to the same Question Mr. Clark My Lords and Gentlemen of the Jury I remember I saw the Prisoner at the Bar sit several times in the Court of Justice as they called it particularly on the 23d and 27th of January 1648. as I took notice of it in a Book Councel Was that the day of the Sentence Mr. Clark Yes my Lord. Coun. What say you to that of the rising of those persons in the Court Mr. Clark I remember they all rose but I did not take particular notice then of the Prisoner Councel Mr. Kirk You hear the Question Did you see the Prisoner at the Bar in Westminster-Hall sitting upon the Bench in that which they called the High Court of Justice when the King stood Prisoner at the Bar there Mr. Kirk My Lord I did see the Prisoner at the Bar sit several days in that which they called the High Court of Justice I was there every day of their sitting Councel Do you remember he was there on the 27th of Jan. 1648 Mr. Kirk I do Sir Councel Tell the Jury what was the Work there Mr. Kirk It was Sentence I did take the Names of all those Gentlemen that did appear in the Court on that day the 27th of Jan. 1648. and amongst the rest I took a Note of that Gentleman's Name as being present Councel Whereas these Gentlemen Mr. Masterson and Mr. Clark have declared that as Assenting to the Sentence they all stood up Did you see them stand And whether by Direction or no Mr. Kirk As for the Direction I know nothing of it but the Members then present in the Court after Sentence was read as far as my Eyes could perceive stood up unanimously I suppose as Assenting to the Sentence Court Mr. Nutley Did you know the Prisoner at the Bar Have you seen him sit in Westminster-Hall at any time upon the Bench when the King was brought as a Prisoner to the Bar Mr. Nutley My Lords and Gentlemen of the Jury I saw the Prisoner at the Bar several days sit there amongst the rest of the Judges as a Judge I suppose To the best of my remembrance he sate there four days together Court Was he there upon the day of the Sentence Mr. Nutley I did take Notes My Lord that day in the Court and I find he did sit that day Court Do you know any thing more of the Prisoner at the Bar Mr. Nutley Thus much I know concerning the Prisoner at the Bar my Lord. The first
day that they sate in publick was as I remember the 20th of Jan. 1648. Some few days afore that there was a Committee that sate in the Exchequer-Chamber and of that Committee the Prisoner at the Bar was one of the Members I do remember well it was in the Evening they were lighting of Candles they were somewhat private This Gentleman was there I saw him for through the kindness of Mr. Phelps who was then Clerk to that Committee I was admitted pretending first to speak with the said Mr. Phelps and that I had some Business with him and so as I said before I was admitted into the Committee-Chamber Being there I did observe some Passages fall from the Prisoner at the Bar the words were to this purpose He was making a Narrative of some Discourses that passed between his late Majesty and himself in coming between Windsor and London or Hurst-Castle I know not well whether My Lord that Passage that I observed to fall from him in that Discourse was this He said That the King as He sate in the Coach with him was importunate to know what they intended to do with Him Mr. Harrison In the Coach was it Mr. Nutley Yea Sir it was in the Coach He told the rest of the company as I said before that the King asked What do they intend to do with me Whether to murther me or no And I said to Him There was no such intention as to kill Him we have no such thoughts But saith He the Lord hath reserved you for a publick Example of Justice There is one word more My Lords and that is this which I heard from this Prisoner at the Bar That the reason and end of their Meeting together at that Committee was concerning the Charge So much I observed It was concerning the Contracting of the Impeachment I observed that some found fault with the length of that as it was drawn They were offering some reasons to Contract it and I heard this Prisoner at the Bar vent this expression Gentlemen It will be good for us to blacken Him what we can Pray let us blacken Him or words to that Purpose I am sure Blacken was his word Mr. Wyndham Mr. Nutley you speak of an Impeachment Against whom was that Impeachment Mr. Nutley It was against His late Majesty the King Councel And it was to draw up that Impeachment so as to Blacken Him Was it so Mr. Nutley Yes Sir Mr. Coytmore sworn Mr. Wyndham Did you see the Prisoner at the Bar sitting in that which they called the High-Court of Justice on the Day when the King was Sentenced or at any other time Pray tell my Lords and the Jury Mr. Coytmore My Lords and Gentlemen of the Jury I was in that which they called the High-Court of Justice three or four times I saw this Gentleman either once or twice sitting there Councel Do you know any thing more Coytmore No really I came onely to hear and see what they were doing and I did there see him I think several Days I am sure once Councel Did you see him on the seven and twentieth of January 1648. sitting there which was the Day of the Sentence Coytmore I cannot call that to Memory Councel Do you know of any Expressions that the King should be an Example of Judgment Coytmore No my Lords Mr. Windham My Lord in the next place We shall shew that Instrument that was made under the Hand and Seal of the Prisoner at the Bar as well as others for Execution of the King that Bloody Warrant But first we will ask this Witness another Question Councel Did you see the Prisoner at the Bar sit on the Bench as an ordinary Spectatour or as one of the Judges Coytmore He was in the Court sitting amongst the rest of the Judges as one of them Mr. Solicitour My Lords we will prove that this Prisoner at the Bar was one of them that took upon him the Conducting of the King and that the King was in his Custody and to the High-Court of Justice also The Lord Newburgh sworn Councel Pray my Lord give your self the Trouble to raise your Voice and to tell my Lords and the Jury what you know of the Prisoner at the Bar the part that he acted in bringing up the King Lord Newburgh I was then living at his Majestie 's Lodg at Bagshot when the Prisoner at the Bar brought the King from Hurst-Castle to London He was the Person that commanded the whole Party and when the King by the way went to Dinner by his Order there were Centries set at every Door where He was When the King had Dined he carryed him to Windsor and appointed several of his Officers to ride close to the King as He was riding lest He should make His escape from them Councel That was an Imprisonment it self and so a Treason Mr. Windham My Lords we shall now produce to you two Instruments which were made the one for Convening and Summoning the Assembling of that which they called the High-Court of Justice and shew this Prisoner's Hand and Seal to that And then shew you likewise that which was the Consummating of all that Bloody Warrant for Execution of His late Majesty of blessed Memory with the Hand and Seal of the Prisoner at the Bar unto it amongst others Mr. Sollicitour My Lords it will be fit before this to give you an account how we came by these Instruments Mr. Jâ—ssop sworn Councel Shew to Mr. Jessop the Warrant for summoning that Court. Mr. Sollicitour Mr. Jessop pray tell my Lords and the Jury how you came by that Instrument you have in your Hand Mr. Jessop May it please your Lordships I having the Honour to attend the House of Commons the House was pleased to make an Order that Mr. Scobel should deliver into my hands all such Books and Records Papers and other things as did belong to the House of Commons and in pursuance of that Order I did receive amongst other things this Instrument as a thing that had been formerly in his hands as Clerk of the House of Commons Mr. Sollicitour We desire it may be read my Lords Court Pray first prove his Hand Mr. Harrison I desire to know what is offered to be Read Court It is a Warrant that you Sealed amongst other pretended Judges of your Hight Court of Justice as you called it for Trial of the King for Summoning that Court. Councel Mr. Kirk Have you seen the Hand-writing of the Prisoner at any time Mr. Kirk I have very often seen it and am well acquainted with it and so far as it 's possible a man can Testifie touching the Hand of another Person I do verily believe this to be his Hand Councel How came you to be acquainted with his Hand Mr. Kirk As he was a Member of the House of Commons and my Imployment having relation thereto I have seen him set his Hand several times Mr. Farrington Sworn Councel Do you believe that this is
there I met this Gentleman whom indeed I knew not he told me who he was and when I understood who he was I said to him or words to this purpose I cannot tell the words because I would not distaste him and say you have done this therefore I put it thus We have done this What a sad case have we said I brought this Kingdom unto Why saith he you see said I how it is ruined now the King is murthered c Saith he some are of one opinion and some of another Sir said I do you think it was well done to murther the King saith he I will not make you my Confessor Sir it was much to this purpose Coun. When was this spoken Lord Elect. Truly I do not know the day but it was that day that Sir H. M. rendered himself to the Speaker it was since the coming in of the King M. Sol. Neither time nor the hand of God appearing in this business nor the condition he was in was ever able to bring this Gentleman to be sorry for his offence but we do not give it as any evidence of his crimes You have heard the Prisoner confess the two Warrants You have heard by several witnesses produced that he did sit in that which they called the High-Court of Justice by three that he sat particularly on that day they called the day of their Judgment you have heard how little penitence he hath had by his Declaration to the Lord Mayor Elect. Scr. I hope now that you have heard the Evidence against me that you will give me leave to make some defence for my self L. C. Bar. God forbid otherwise but that you should have free liberty Scr. Truly my Lords though my breeding hath not been in the way of the Laws and therefore I have a great disadvantage when there be such learned Gentlemen as these are to plead against me I must confess to you I have something for matter of Law to plead for the justification of the fact though I would not undertake to justifie the person this I humbly entreat if it may be granted that I may have some time given me and some Councel that I may answer matter of Law L. C. Bar. M. Scroop if you have any thing of matter of Law for which you would have Councel you must alledge that matter first the use of Councel is only to put in certainty what you have of matter of Law and then the Court and Judges must judge of it If you have matter of Law you must tell what it is if it be matter that there is cause to over-rule it there is no cause of making further use of Councel If one be Indicted for murther when he comes to Tryal he will say I have matter of Law to plead What is that That Murther is no felony Do you think Councel will be admitted in this If you do alledge what this matter is wherein you desire Councel you shall have your answer Scr. My Lords as well as I am able to do it I shall do it my Lord I was not of the Parliament take notice of that and that which was done in the High Court of Justice it was done by a Commission from the Parliament My Lord it was that Authority which was then I will not say it was so because I would not give offence it was that Authority then which was accounted the supreme Authority of the Nation and that Authority My Lord that a great many of the generality of the Nation submitted to My Lord I having received a command from that Authority what I did was in obedience to that Authority My Lord I have not had time to consider of these things because I have been for these six weeks time shut up a close Prisoner and that I could neither come at Councel nor any thing else nor to get any thing to prepare for it therefore I desire your Lordships to do me the savour if you see any weight in it to let me have time and Councel assigned me L. C. Bar. Have you done Sir Scr. Yes L. C. Bar. Then I take it this is the effect of what you have said if I have not taken it aright tell me so You say you justifie the fact though not your Person That you were not of the Parliament That what was done was by Commission from the Parliament Be pleased not to mistake me for I say you said this That that which I have to plead in justification of it I do not say that I justifie my self but that which I have to say is for justification of the Fact I was first no contriver of the business And then secondly I did it by virtue of the Command and in obedience to the Authority of the Parliament That that Authority was then accounted the Supream Authority of the Nations and that the Generality of the Nations did submit to their Authority I think I have repeated all you have said Then Mr. Scroop you must know this That there is no cause at all why Councel should be given for what you speak I profess it rather tends to the aggravation than extenuation of what you did First you say you did it by Authority of Parliament I am afraid you have been mistaken as well as others by the word Parliament what doth that mean I am sure you and e-every one knows that there was not one Precedent ever heard of till this That the House of Commons should take upon them the Legislative Power and make such an Act as this was there was no colour for it Then for men upon their own heads never heard of before and against the Liberty and Fredome of the People that they should call it the Parliament when there was but 46 sate whereas there was above 240 excluded and how you can call this a House of Commons is a great wonder to me but I tell you this take it for granted that if they were the most perfect House of Commons that could be Did ever the House of Commons before this single Act take upon them the Legislative Powers without the Lords The Acts are begun in the Commons House when you have done if the Lords not pass it it is a bortive if it be done by both Houses there ought to be a Royal assent But the Lords had rejected this Act then they must take upon them these 46 men whereof I do believe there was not above 25 or 26 men that did vote this and this must be called the Parliament the Commons of England I would fain know whether any man hath heard that the House of Commons took upon them the Legislative power before this Act but this hath been over-ruled in the like Case and I shall say no more to it What is the Oath of Allegiance is it not that you would defend the King his Crown Rights and Liberties against all persons whatsoever It was not only against the Pope as some would have it but the
Convening that Court together whereby the King was to be brought to his Tryal and that he sate at his Sentence and issued the warrant for his Execution You saw that this Gentleman did the Fact did Compass and Imagine the King's Death That which you are to try is this Issue being Indicted for High Treason and pleading not Guilty whether this Gentleman that went so far Sate upon him Condemned him Signed the Warrant for his Execution did not Compass and Imagin the King's Death I think you need not stir from the Bar where you are but I leave that to you After a very small time of Consultation by the Jury amongst themselves at the Bar they agreed in a Verdict Silence was Commanded Clerk John Carew Hold up thy Hand Gentlemen of the Jury look upon the Prisoner How say you Is he Guilty of the horrid Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. What Goods and Chattels c. Jury None that we know of Mr. Scot's Tryal on Friday October 12. 1660. At the Sessions-House aforenamed Clerk Set Thomas Scot to the Bar which was accordingly done Thomas Scot hold up thy hand These men that have been of the last Jury are to try c. If you will Challenge all or any of them you must Challenge them before they are sworn Scot. I desire that those men who have been of the former Jury may not be named I know my liberty of excepting against my number Lo. Ch. B. Mr. Scot That which you do desire is a thing not right the Offence with one is not the same with others I speak not but that the Court will do you all Right the Court will grant it if you will wave your Challenges but if you mean those that have been by others challenged it is against Law Scot. I am willing to bring my self upon my Tryal and I will take the ordinary way of Excepting and Challenging Sir Hen. Wroth Sir Jer. Whitchcote James Hawley Rich. Rider Fra. Beale Chr. Abdy Nicho. Raynton Tho. Winter John Kirke Rich. Abel Sir Tho. Aleyn Abr. Scudamore Ralph Halsall George Tirrey Tho. Swallowe Charles Pickerne Arthur Newman Tho. Blithe William Vincent Rich. Whaley were called and challenged Thomar Grover Edw. Rolfe Tho. Vfman William Whitcombe Rich. Cheney Tho. Bide Charles Pitfield John Smith Tho. Morris Tho. Fruen Henry Twyford Samuel Starnel were the Jury sworn Clerk Cryer make Proclamation Cryer O yes If any man can inform my Lords the Kings Justices c. Clerk Tho. Scot. hold up thy hand You that are sworn of this Jury you shall understand that the Prisoner at the Bar stands Indicted by the name of Tho. Scot late of Westminster in the County of Middlesex Gent. For that he together with John Lisle c. Here the Indictment was read Unto which Indictment he hath been arraigned and thereunto hath pleaded Not guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether c. Mr. Soll. Gen. You that are sworn of this Jury this Inquisition for blood Royal Blood goes on against the Prisoner at the Bar he stands Indicted for Compassing Imagining and Contriving the death of the late King of blessed Memory It is laid to his Charge in the Indictment That he did assemble at Westminster and that he with other persons usurped an Authority of sitting and sentencing to death his said late Majesty and that in consequence and pursuance of that the King came to his death The Treason he stands charged with is the Compassing and Imagining the Kings death The other parts of the Indictment are but overt acts that do but evidence and prove the Corruption of his heart if we prove but some of these overt acts then you must find him guilty Our Evidence against this Gentleman will be thus We shall call Witnesses to prove his sitting in the Court sentencing his King while his King stood a Prisoner at the Bar the Warrant for Execution of the King directed to certain persons to see Execution done accordingly was under Hands and Seals and among those Hands and Seals the Hand and Seal of the Prisoner at the Bar is one and then we shall produce to your Lordships Witnesses to shew you with what a hard and impenitent heart this hath been Committed for he so gloried in the Act That he desired it might be writ upon his Tomb Mr. Nutley M. Kirke Mr. Masterson and Mr. Clark sworn Coun. Mr. Masterson be pleased to tell my Lords and the Jury if you have seen the Prisoner at the Bar sit in that which they called the High Court of Justice Mr. M. My Lords and Gentlemen of the Jury I saw the prisoner at the Bar present at the High Court of Justice as they call'd it for the Tryal of the late King some days that is to say either upon the 22. or 23. day of Jan. 1648. but particularly upon the 27th day of that Month in the said year when the Sentence of death was pronounced against his late Majesty I saw the Prisoner at the Bar present Coun. As one of the Judges do you mean Mr. Ma. As one of the Judges sitting upon the Bench. Scot. Do you know where abouts I sate Mr. Ma. I cannot satisfie you in that but I saw you sitting upon one of the Benches Coun. Mr. Clark you hear the question pray answer what you know touching it Mr. Cl. My Lords and you Gentlemen of the Jury I was present in the year 1648. when his late Majesty stood a Prisoner at the Bar in that which they called the High Court of Justice and among other persons there present in that business I observed Mr. Scot the Prisoner at the Bar to sit as one of the Judges and particularly upon the 23 and 27th days of Jan. in the said year upon which last day the Court pronounced Judgement upon the late King Coun. Did he stand up as assenting to the Sentence Mr. Cl. They all stood up to my apprehension I know not particularly whether the Prisoner at the Bar did Coun. Mr. Kirke tell my Lords and the Jury your knowledge in this business touching the Prisoner at the Bar. Mr. K. I was present at the Tryals of his late Majesty several days among the rest of the persons that sate in the Court as Judges I saw the Prisoner at the Bar and particularly upon the day of the Sentence the 27th of Jan. 1648. The Court stood up unanimously as assenting Coun. Shew him the Warrant for Execution K. This is his Hand Coun. Have you seen his Hand often K. Yes Sir and am well acquainted with it George Farrington sworn Coun. Shew Mr. Farrington the Warrant Do you know that to be Mr. Scots Hand-writing Mr. Far. I did not see him write it but I do verily believe it to be his I have often seen his Hand-writing Coun. Mr. Nutley do you know Mr. Scots hand-writing Is that Mr. Scots
such a Priviledge that no man shall ever be called to account for any thing spoken in Parliament if he be not called to account by the House before any other Member be suffered to speak Lord Ch. Bar. That is the House will not determine but that doth not extend to your Case you are not charged here criminally for speaking those words that have been testified against you but for Compassing and Imagining the Kings death of which there are other Evidences and this but an Evidence to prove that Scot. My Lord I never did say these words with that aggravation which is put upon them I have a great deal of hard measure as to say I hope I shall never repent I take God to witness I have often because it was spoken well of by some and ill by others I have by prayers and tears often sought the Lord that if there were iniquity in it he would shew it me I do affirm I did not say so Mr. Baker My Lord I omitted something which was this I had occasion to speak with Mr. Scot whilest Richard's Parliament was sitting and among other discourse insisting upon some things that Richard had done saith he I have cut off one Tyrants head and I hope to cut off another Scot. My Lord This is but a single witness Mr. Soll. Gen. I suppose he meant Rich. for he was a Tyrant Lord Ch. Bar. Speak on Mr. Scot whatever you have to say Sc. If that he laid aside as an impertinency I have the less to say L. Ch. Bar. The next thing you have to do is to answer to the fact whether you did it or did it not Scot. I say this Whatever I did be it more or less I did it by he Command and Authority of a Parliamentary Power I did sit as one of the Judges of the King and that doth justifie me whatever the nature of the fact was Lo. Ch. Bar. We have had these things alledged before us again and again The Court are clearly satisfied in themselves that this act could not be done by any Parliamentary power whatsoever I must tell you what hath been delivered that there is no power on earth that hath any coercive power over the King neither single Persons nor a Community neither the people Collectively nor Representatively In the next place that which you offer to be done as by Authority of Parliament it was done by a few members of the House of Commons there were but 46 there at that time and of these 46 not above 26 that voted it at that time the House of Lords was sitting who had rejected it and without them there was no Parliament there was a force upon the Parliament there was excluded seven parts of eight Supposing you were a full House of Commons and that without exception there was not Authority enough and it is known to you no man better that there never was a House of Commons before this time that this foul Act was made for erecting that High Court of Justice as you call'd it assumed that Authority of making a Law you cannot pretend to act by Authority of Parliament and because you would excuse it you did it by Authority of Parliament whether it were good or no If a man do that which is unlawful by an unlawful Authority the assuming to do it by that Authority is an Aggravation not an Extenuation of the Fact It was over-ruled I think my Lords will tell you That they do not allow of that Authority at all either to be for Justification or Plea Scot. My Lords I humbly pray leave to say that without offence to the Court every person whereof I honour This Court hath not Cognizance to Declare whether it were a Parliament or no. Lo. Ch. Bar. That was objected too and we must aquaint you That first of all it is no Derogation to Parliaments That what is a Statute or not a Statute should be adjudged by the Common Laws We have often brought it into question whether such and such a thing was an Act of Parliament or not any man may pretend to an Authority of Parliament If forty men should meet at Shooters Hill as the Little Convention did at Westminster and say We do declare our selves a Parliament of England because they do so shall not this be judged what is a Statute and what not It is every days practise we do judge upon it the Fact is so known to every body they did assume to themselves a Royal Authority it hath been over-ruled already it hath been the mistake of many the vulgar acceptation of the word Parliament A Parliament consists of the King Lords and Commons it is not the House of Commons alone and so it is not by Authority of Parliament It is not unless it be by that Authority which makes up the Parliament You cannot give one instance That ever the House of Commons did assume the Kings Authority Scot. I can many where there was nothing but a House of Commons Court When was that Scot. In the Saxons time Court You say it was in the Saxons time you do not come to any time within 600 years you speak of those times wherein things were obscure Scot. I know not but that it might be as lawful for them to make Laws as this late Parliament being called by the Keepers of the Liberties of England My Lords I have no seditious design but to submit to the providence of God Court This is notorious to every man This we have already heard and over-ruled L. Finch That that I hope is this That Mr. Scot will contradict that which he hath said before that is That he hopes he should not repent I hope he doth desire to repent Mr. Scot for this we must over-rule it as we have done before there is nothing at all to be pleaded to the Jurisdiction and this point hath been determined before Scot. The Parliament informer times consisted not so much of King Lords and Commons but King and Parliament In the beginning of the Parliament in 1641. the Bishops were one of the three Estates if it be not properly to be called a Parliament a legislative Power though it be not a Parliament it is binding If two Estates may take away the third if the second do not continue to execuâ—â— their trust he that is in occupancy may have a title to the whole I do affirm I have a Parliamentary Authority a legislative power to justifie me Lo. Ch. Bar. Mr. Scot what you speak concerning the Lords Spiritual is nothing to your Case be it either one way of other it was done by an Act of Parliament with consent of the King Lords and Commons though you will bring it down to make these Commons have a legislative Power I told you it was over-ruled before We have suffered you to expatiate into that which was a thing not intended by many of my Lords that you should have any such power to expatiate into that which is
compass of it according to his Royal Word and Honour in it you will have the benefit of it but it is not a Plea in Law but it must be a Pardon under Seal whatsoever concerns that Proclamation will be considered It is nothing to the matter whereupon the Jury are to go Lord Chief Baron Gentlemen of the Jury you see the Prisoner Tho. Scot stands Indicted for Compassing and Imagining the death of our Dread Soveraign King Charles the First of most glorious and blessed memory He is Indicted for Compassing and Imagining his death there is the Treason and what is set afterwards in this Indictment is only to manifest this Compassing and Imagining because that being in the heart alone without some overt Act no body can prove it There are several overt Acts laid in the Indictment one is A Trayterous consulting and meeting together how to put the King to death Then a sitting upon the King as a Prisoner being before them about his life and death The third is Sentencing to death that which followed is That he was Murthered If any of these acts should be proved the Indictment is proved for the proof there are several Witnesses have fully proved that he did sit there several times particularly upon Jan. 27. which was the day of the Sentence That he did sit there all of them agree to that It is true as to the Circumstance where he sate one Gentleman saith he sate in the second Row on the left hand of Bradshaw you well remember it is 12. years ago how any man upon the view and after so long a distance of time should he able to remember in what posture one man was from the rest I think neither you nor I can remember Here is one proved to you that he did sign that Warrant for Executing the King he saith How can another know his Hand You see what the Witnesses say they knew it a man can prove nothing more of another mans Hand than that unless they see it written there is nothing to put upon you but his words You see what words are aggravated against Mr. Scot Whereas he saith It is a breach of the Priviledges of Parliament if it were so it is nothing to this Fact though another man should break the priviledges of Parliament it is nothing to you but besides it is not a breach of the priviledge of Parliament You have heard the Witnesses what they have said against him Mr. Lenthall swears that he did speak at large fully in owning that business of the Kings death The rest swear positively to the same effect and that at several times What was that He gloried in it defended it and said He could wish it were Engraven on his Tomb stone he hath denyed this that the Witnesses have proved That which is lest to you is whether upon all this matter that you have heard Whether the Prisoner at the Bar is Guilty of Compassing and Imagining the Kings death and so go together After a little Consultation together they setled in their places again Clerk Tho. Scot hold up thy hand Look upon the Prisoner at the Bar How say you is he Guilty of the Treason whereof he stands Indicted or not Guilty Jury Guilty Cl. Look to him Keeper Cl. You say the Prisoner is Guilty c. and so you say all Jury Yes Cl. Set Mr. Scot aside Clerk Set John Jones and Gregory Clement to the Bar. Which was done accordingly Thereupon the said Gregory Clement preferred his Petition to the Court. Indictment read against them both Lo. Ch. Bar. If you do confess your Offence your Petition will be read Clem. I do my Lord. Lord Ch. B. Mr. Clement if you do confess that you may understand it you must when you are called and when the Jury are to be charged You must say if you will have it go by way of Confession That you Wave your former Plea and confess the Fact Clerk Gregory Clement you have been Indicted of High Treason for Compassing and Imagining the death of his late Majesty and you have pleaded not Guilty Are you contented to wave that Plea and confess it Clem. I do confess my self to be Guilty my Lord. Clerk Set him aside Clkek John Jones hold up thy hand These men that were last called c. if you will Challenge all or any of them you must Challenge them when they come to the Book and before they are sworn Jones I confess I sate amongst them some days but not maliciously contrived the death of the King Coun. He is troubled at the Form he confesseth the Matter That he was there sitting in the High Court of Justice If he will not confess it he knows we can prove his Hand and Seal to that bloody Warrant He is troubled that he is said to have Trayterously and Maliciously Contrived the Kings death He that doth these Acts towards it is by Law responsible as to the Malice Jury Sworn Sir Tho. Allen Sir Henry Wroth Sir Jer. Whitchott James Hawley Henry Mildmay Christ Abdy Nich. Raynton Richard Cheney Tho. Bide Charles Pitfield Abraham Scudamore Charles Pickerne in all 12. Cl. Cryer make Proclamation Cryer If any man can inform c. Cl. John Jones hold up thy hand Look upon the Prisoner c. Mr. Soll. Gen. My Lords and Gentlemen of the Jury I must open to you as to other Juries that the short Point of this long Indictment is but this That the Prisoner at the Bar did Imagine and Compass the death of the King which is your Issue to Try We shall prove it by those overt acts which the Law doth require To prove the Sitting Sentencing and Signing the Warrant for Execution by the Prisoner at the Bar. Coun. Call Mr. Clark and Mr. Carr and Holl. Symson who were sworn Mr. Symson did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Sym. I did see Mr. Jones sit divers times both there and in the Painted Chamber Jones I do confess I sate divers times Coun. Did he sit the day of Sentence Sym. I cannot say it Coun. Mr. Clark you hear the question Pray answer my Lord. Clark My Lords and Gentlemen of the Jury I was there the 27. of Jan. 1648 I saw Coll. Jones there several days before but I did not see him that day his name was called but I do not know whether he was present Coun. Mr. Carr did you see him sit on the 27th day which was the day of Sentence Carr. My Lords he answered to his name some days I am not able to tell what day Mr. Nutley Sworn Coun. Can you tell whether the Prisoner at the Bar was present in that which they called the High Court of Justice Nutley The Prisoner at the Bar was several times in the Court which was called the High Court of Justice truly I cannot say whether he was there the 27th day the day of the Sentence The Warrant for Summoning that
Court being shewed Coun. Is that Mr. Jones's Hand the Prisoner at the Bar set to that Warrant Nut. I have been acquainted with his Hand I do believe it is The Warrant for Execution was also shewed Coun. Is that the same Hand-writing Nut. Yes I believe it is he hath written several Letters to me Mr. Hartlib Sworn Court Mr. Hartlib do you know Mr. Jones's Hand Har. I never did see him write but I have seen several Letters out of Ireland and other Papers which have been supposed to be his Hand-writing This seems to be like that which was reputed to be his Hand Coun. Mr. Clark do you know Mr. Jones's Hand-writing Cl. I have seen several Letters of Col. Jones and these are like his Hand-writing I do believe they are his Hand-writing Mr. Jones looks upon them both and confesses they are like his hand-writing Coun. We have given our Evidence What do you say for your self before Charge be given to the Jury Jones I have little to say your Lordships have already heard what is to be said in this Case I have nothing to say to the point I am not fit to plead any thing especially in matter of Law I must wholly put my self upon the Lord and this Honourable Court and Jury Lo. Ch. Bar. Gentlemen of the Jury here is this Prisoner John Jones stands Indicted for that he with others did Compass and Imagine the Kings death that is the substance of the Indictment The Indictment sets forth several Acts each proving the Compassing and Imagining the Kings death One of them is that he did consult and meet together and propound how the King should be put to death The second is they did assume a power to Judge the King The third is that they did actually sit upon him And the last of them is that they sentenced the King and afterwards the King was murthered The whole substance is whether he did Compass and Imagine the Kings death If any one of these particulars that are alledged for the overt acts be proved you are to find the Indictment He hath confessed very Ingenuously that he did sit upon the King that he did sit in that Court and so there is an overt act proved if nothing else you ought to find him guilty of this Treason There is further Evidence though not any Evidence of his sitting the last day of the Sentence you have had three comparing similitudes of hands to prove that he did sign that Sentence that horrid Instrument whereby the King was ordered to be put to death one of them having received Letters from Ireland and others acquainted with his hand say that it is like his hand he hath so confessed the likeness of his hand but he saith he doth not remember he signed it As to you of the Jury there is no more to be considered if any one of the acts do appear true to you that is sufficient to find him guilty though he were not guilty of all but that he did Compass and Imagine the Kings death is clear in sitting and signing the Warrant for the other whether you shall find that he did sentence the King that must be left to you Whatsoever it is still it is the same if any one be proved you ought to find him guilty of the Indictment which is the Compassing and Imagining the Kings death I think you need not stir from the Bar for he hath confessed it The Jury went together and after a little Consultation returned to their places Clerk Are you agreed of your Verdict Jury Yes Cl. Who shall say for you Jury Our Foreman Cl. John Jones hold up thy hand Look upon the Prisoner at the Bar. How say ye is he guilty c. Foreman Guilty Cl. Look to him Keeper Cl. You say the Prisoner at the Bar is guilty c. and so you say all Jury Yes Cl. Set all that have been tryed this day to the Bar. Lord Ch. Bar. Mr. Scot I must speak a word to you you made mention of the Kings Proclamation for pardon and you did desire the benefit of it As I told you before so now again That it was not proper for us upon that Proclamation to give any allowance by way of Plea because the Pardon ought to be under the Broad Seal but God forbid but just and due Consideration should be had of it with honour so far as you are comprehended within it Though Judgment shall pass no Warrant for Execution shall go out against you till consideration be had how far you are within the Compass of that Proclamation and the like to you Mr. Scroop Clerk Adrian Scroop Hold up thy hand Thou hast been Indicted of High Treason and hast thereof been found guilty What canst thou say for thy self why Judgement should not pass for thee to dye according to Law Scroop I do humbly submit to his Majesties mercy Cl. John Carew Hold up thy hand Thou art in the like Condition with the former what canst thou say c. Carew I commit my cause unto the Lord. Cl. Thomas Scot Hold up thy hand thou art in the like Condition with the former what canst thou say c. Scot. I shall only say I do only cast my self upon his Majesty and pray mercy Cl. John Jones Hold up thy hand thou art in the like Condition with the former what hast thou to say c. Jones I pray his Majesties Clemency Cl. Gregory Clement hold up thy hand Thou standest Indicted of High Treason and thereunto hast pleaded guilty What canst thou say c. Clem. I pray mercy from the King Lo. Ch. Bar. You that are Prisoners at the Bar Ye see the Sentence of death is now to pass against you and for ought you know or we know yet may be nearer than you are aware How soon it will be executed we know not when you have reflected upon your own consciences many of you could not chuse but look there and see as in a glass the foulness of this horrid Offence It is the Murther of our most gracious Soveraign King Charles the First of blessed memory a Prince whom we such of us as had the honour personally to attend him knew was of such parts and vertues if he had been a private man more could not have been desired truly what he did as a King his Clemency how it appeared at first in this Princes time If you look what Peace and Prosperity we enjoyned in his days we will not find it in other Kings times You had not a Noble-man put to death save one and that for an Offence which must not be named A Prince that had granted so much You may remember what was granted before the beginning of these Wars Grievances complained of Star-Chamber High Commission Court Ship money The Claim of Stannery c. All these were taken away What Concessions he made after in the Isle of Wight how much he wooed and courted the people for Peace I urge this unto
I interrupted his Majesty Far. I remember that the King laid his Cane upon your shoulders Cook Whether did I the first or the last day demand judgement or that any thing might be taken pro confesso Far. The first day no but after the first day he did several days you did the last day Griffith Bodurdo Esq sworn Coun. Sir you have heard the question give an accompt to my Lords and Gentlemen of the Jury of the carriage of the Prisoner at the Bar towards his Majesty during the time of the Tryal Mr. Bod. My Lord I was all the time that the King was brought there before the Court as a Prisoner I was present all the day having a conveniency out of my house into a Gallery that was some part of it over that Court I do remember that the Prisoner at the Bar whom I never saw before that time did exhibit a charge the first day against the Prisoner at the Bar which was the King in these very terms The Prisoner at the Bar the charge I heard it read then I have not seen it since the substance was this That for levying war against the Parliament and people of England and namely at such and such a place killing of the people of England I think Naseby and Keinton field was named in it and divers other places were named in the Charge and the Conclusion was that he had done those things as a Tyrant Traitor Murtherer and a publick and implacable enemy of the Commonwealth But this Prisoner at the Bar did exhibit the Charge and the King did then as you have heard he did plead to the Jurisdiction of the Court The King would fain have been heard but I think they did adjourn for that time The next day he pleaded the same thing I remember the answer that was several times given twice given by Bradshaw to the King thus that the Court did assert their own Jurisdiction The second and third day I do not remember any day after the first but that the prisoner at the Bar did demand judgement for the Kings not pleading and did several times make complaints to the Court of the Kings delays that he intended delays and nothing else Cook Pray my Lord one Question whether my Lord before he heard me speak of demanding judgement against the King whether he did not hear Mr. Bradshaw several times say that the Court owned their Authority and that the matter would be taken pro confesso Mr. Bodurdo I did hear the Prisoner at the Bar desire of the Court that it might be so and I heard the Prisoner tell the King that it must be so Joseph Herne sworn Coun. Mr. Herne tell my Lords what you know of the prisoners carriage at the High Court of Justice as they called it Mr. Herne Upon Saturday the 20th of Jan. 1648. it was the first day His Majesty was convened before them I could not come near the Court only I saw him at a distance I heard nothing but the acclamations of the people crying out God save your Majesty what was done in the Court I know nothing of On Munday I was there and had a conveniency to see and hear what was acted and so His Majesty being come to the Seat appointed for him the prisoner at the Bar being called upon by the then President Bra. he demanded of him what he had to ask of the Court He was then talking with Dorislaus and semeed not to mind the business of the Court His Majesty sitting near takes his stick and thrusts the Prisoner at the Bar upon his shoulder and the Prisoner looking back with a great deal of indignation turned about I did hear Bradshaw speaking to him in these words Mr. Sol. have you any thing to demand of the Court whereupon the prisoner at the Bar did use these or the like words May it please your Lordships I have formerly in the name of the Commons assembled in Parliament and the good people of England exhibited a Charge of High Treason and other high crimes against Charles Stuart the prisoner at the Bar flinging his head back in this manner to him He had there further to require of the Court that he might be demanded to make positive answer by confession or denial if not that the Court would take it pro confesso and proceed according to Justice this was on the first day I was in the Court The President Bradshaw told His Majesty that he heard what was craved in the name of the Commons assembled in Parliament and the good people of England against him by the now Prisoner at the Bar. The King stood up but Bradshaw prevented him in what he had to say telling of him that the Court had given him time to that day to know when he would plead to the Charge His Majesty proceeded to object against the Jurisdiction and said he did demur to the Jurisdiction of the Court upon which the President answered him If you demur to the Jurisdiction of the Court you must know that the Court hath over-ruled your demurrer and you must plead to your Charge guilty or not guilty upon that the King asked their authority and desired he might give reasons against it he was denyed it by the President the President at last was content to tell him that though he was not satisfied with their authority they were and he must but to satisfie him he told him in short they sat there by the supream authority of the Nation the Commons assembled in Parliament by whom his Anceston ever were and to whom he was accomptable then the King stood up by your favour shew me one President Bradshaw 〈◊〉 down in an angry manner Sir saith he we sit not here to answer your Questions plead to your Charge guilty or not guilty Clerk do your duty whereupon Broughton stood up and asked what he had to say whether guilty or not guilty and President Bradshaw said that if he would not plead they must record his contempt His Majesty turned about to the people and said then remember that the King of England suffers being not permitted to give his reasons for the liberty of the people with that a great shout came from the people crying God save the King but there was an awe upon them that they could not express themselves as they would have done I believe Coun. What did Cook say to the Judgement did you hear him press for Judgement Mr. H. Yes I heard these words from the Prisoner at the Bar That if the K. would not plead his Charge might be taken 〈◊〉 Conf. and that the Court might proceed according to Justice Cook One question more whether he often heard me speak those words that it might be taken pro Confesso and to proceed according to Justice Mr. Hern. You desired he might be held to his Plea confession or denial that he might not be suffered to use any words to the Jurisdiction of the Court. Cook Whether he
heard the Charge read Hern. I did not hear the Charge read I was not there the first day I heard you confess you had exhibited a Charge of high Treason against the Prisoner at the Bar which was then the King's Majestie Cook Whether I did not in the Charge conclude that all proceedings might be according to Justice Court Read the Title and last Article of that Charge which was accordingly read and follows in haec verba The Title of the Charge The Charge of the Commons of England against Charles Sewart KING of England of High Treason and other Crimes exhibited to the High Court of Justice The last Clause in the Charge And the said Iohn Cook by protestation saving on the behalf of the people of Eng. the liberty of exhibiting at any time hereafter any other Charge against the said Char. Stew. and also of replying to the answers which the said Char. Stew. shall make to the premisses or any of them or any other charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said people of England impeach the said Charles Stewart as a Tyrant Traytor Murderer publick and implacable enemy to the Commonwealth of England and prayeth that the said Charles Stewart King of England may be put to answer all and every the premisses that such proceedings examinations tryals sentences and judgement may be hereupon had as shall be agreeable to Justice Court Mr. Cook will you have any Witnesses examined touching the question you last asked Cook No be pleased to go on Mr. Baker Sworn Mr. Bak. My Lords and Gentlemen of the Jury I was at the High Court of Justice as they called it the first second and third daies not to trouble you with the proceedings of of Bradshaw I will tell you what I observed of this Gentleman I have the notes that I took there and pray that I may read them to help my memory which was granted and then proceeded in this manner That day my Lord Mr. Cook told the Court that he charged the Prisoner at the Bar meaning the KING with Treason and high misdemeanors and desired that the Charge might be read the Charge was this That he had upheld a Tyrannical Government c. and for that cause was adjudged to be a Tyrant c. and did then press that the prisoner might give an answer to that and that very earnestly The second day my Lord he told the Court that he did the last day exhibit a Charged High Treason against the Prisoner at the Bar meaning the King and that he did desire he might make answer to it and he told them also that instead of making an answer to the Court the King had delayed the Court but desired the K. might make a positive answer or otherwise that it might be taken pro confesso The third day my Lord he came and told the Court as before that the King had delayed then and then he charged him with the Highest Treasons and Crimes that ever were acted upon the Theatre of England and then pressed that Judgement might be given against him and another expression was that it was not so much He but the Innocent and precious bloud that was shed that did crie for Judgment against the Prisoner at the Bar this my Lord in substance there were other passages Cook Whether before this time he had not heard some thing of an Act or Order proclaimed at Westminster whether there was any other word in effect used in that charge more than in the Proclamation Mr. Baker I did hear of the Proclamation and Charge and the substance of it I have given an accompt of it and I did hear you press upon it very much the Proclamation I heard of it that it was made forthe summoning of the Court but I did not hear the Proclamation made Cook That that was called the Act of the Commons for Trying of the King Mr. Baker I did hear of the Act but did not take notice of it Mr. George Masterson Sworn Counc Mr. Masterson pray inform my Lords and the Jury what you know touching the carriage of the Prisoner at the Bar at the Tryal of his late Majesty Mr. Masterson My Lords and you Gentlemen of the Jury I was present in that they called the High Court of Justice upon the 22 23. and 27. days of January in the year 1648. I shall wave those circumstances which you have heard and many of which I well remember and what I heard likewise between the King who was then a Prisoner and the then President Bradshaw but concerning the Prisoner at the Bar this I very well remember that upon Munday I heard him say he had exhibited a Charge of High Treason against the Prisoner then the King and demanded how that he might plead to his charge I do very well remember that after some passages between the King and the Court the Prisoner at the Bar desired the King might plead to his Charge or else it might be taken pro Confesso I remember upon the last day the day of that fatal Sentence I heard the Prisoner at the Bar demand in the name of the Commons assembled in Parliament and all the good people of England Judgement upon the Prisoner at the Bar pointing to the King this is all Mr. Burden sworn Councel Do you know who did examine the witnesses against the King and were you examined and by whom Burden By Judge Cook for so he was called in Ireland Councel Did he examine you as a witness against the King did he give you an Oath Burden Yes my Lord and many others Cook This is a new thing I never heard of this before where was it that I examined him I had no power Council No we know that but you were active Court Where was it Cook Whether there were not any others with me in the Room and where it was Burden It was at Westminster-hall within the High Court of Justice Cook Who was there besides me Burden I cannot tell Axtel he was there and I am sure Cook was there Councel Mr. Burden Pray tell my L. the Jury what questions you were examined upon and what they tended to Burden He examined me and gave me my Oath there was eight or nine of us we had been in the Kings Army in former times this Gentleman Col. Axtel brought us in commanded us out of our Company I was in his Company and this Gentleman himself gave us our Oaths he asked us where we saw the King in action I did reply to him and told him I saw him in the Field with his Army he asked me many other questions that I could not tell him he asked me whether I did see the King at Nottingham set up his Standard and I was never at Nottingham in my life these were the questions Mr. Starkey Sworn Court Pray inform my Lords and Gentlemen of the Jury what passed between you and the Prisoner at
the Bar concerning the Trial of his late Majesty Mr. Starkey My Lords this Gentleman now Prisoner and my self have been acquainted a great while being of the same Society of Grayes-Inne and truly my Lord I confess I owe all my knowledge in the Laws to that Gentleman when 〈◊〉 came first he was accused for debt and was pleased to do me and several other Gentlemen now and then the favour to reason the Law with us and assist us in the beginning of the long Parliament that is to give you an accompt of his being indebted he did desire I would do my endeavour to get his Protection Near the time of the Kings Trial there was a Gentleman with my self one Samuel Palmer of Grays-Inne which frequented his Company had several nights the opportunity of understanding the affairs at Westmin and truly he himself did seem to us to count that a very ridiculous Council I remember what he said one night I think they are all mad which was within two or three days before the Kings tryal and instanced how a Fellow cryed out to the Lord Fairfax that if he did not consent to the proceedings he would kill Christ and him After that I did not think he did go to this Council for imployment but out of curiosity when the King came to Tryal we heard that Mr. Cook was the person that was Solicitor and Acted that part that you have heard of and that during that Tryal whether the second or third day I cannot say that certainly Mr. Cook came to Grays-Inne that evening about Ten or Eleven of the clock at might only upon some particular occasion as he said I being walking in the Court in the walk before my Chamber with another Gentleman I did see him pass out of a house to go back again I thought it was he called after him Mr. Cook said I upon that he turned back and met me I took him by the hand said I I hear you are up to the ears in this business no saith he I am serving the people truly said I I believe there is a thousand to one will not give you thanks said I I hear you charge the King for the levying war against the Parliament how can you rationally do this when you have pulled out the Parliament to make way to his Trial he answered me you will see strange things and you must wait upon God I did ask him but first he said this of himself said he he was as gracious and wise a Prince as any was in the world which made me reflect upon him again and asked how he could press those things as I have heard what answer he made to that I cannot tell I did by the way inquire what he thought concerning the King whether he must suffer or no he told me he must die and Monarchy must die with him Cook Whether was this after or before the Sentence Mr. Starkey It was before the Sentence for it was either the second or third Trial or rather in some interim of time before the Sentence for there was an adjournment for a day or two but I am sure it was before the Sentence Court Mr. Cook they have concluded their Evidence plead for your self what you think fitting Cook My Lord I have been a Prisoner three months I humbly desire to acknowledge his Majesties and his Councils favour that I was not put into a Jeremy's Prison but in the Tower and not in Irons I give your Lordships humble thanks for that and truly considering the nature of the Charge had it been in some other Kingdom they would have served us as Iohn Baptist in prison I thank you that I have a fair Trial with the Judges of the Law who are upon their Oaths to do equal right and justice between our Soveraign Lord the King and every Prisoner concerning matters of life and death and likewise those Noble Lords that though they are not put upon their Oaths but upon their honour if they know any Law to preserve my life I trust they will rather save than destroy My Lords I do therefore say as Paul said my plea is much of that nature against the Law and against Caesar I hope I have not offended at all and so I have pleaded not guilty The learned Council have examined several witnesses against me and I humbly conceive that the matter will rest in a very narrow compass the substance of the Charge so far as my memory will serve doth rest in these three things the other being but matter of form That I with others should propound consult contrive and imagine the Death of the late King Secondly That to the perfecting and bringing about this wicked and horrid conspiracy that I with others did assume a Power and Authority as I remember power I am sure then to kill and murther the King thirdly That there was a person unknown that did cut off the Kings head and that we were abetting aiding assisting countenancing and procuring the person or words to that effect against the form of the Statutes and so forth I hâ—ve twelve poor words to offer for my self in this business wherein if I do not answer every thing that hath been particularly objected I hope you will give me leave afterwards to offer it First I humbly propound this that if it was not made appear to your Lordships that I did ever propound consult advise contrive attempt or any way plot or counsel the death of His Majestie then I hope I cannot be found guilty within the Statute of 25. Edward the third for the naked truth Mr. Nutly hath in a great part spoke to I was appointed upon the tenth of January 1648. for to give my advice concerning a Charge there having been upon the ninth a Proclamation for the Trial and upon the tenth Mr. Steel Dr. Dorislaus and Mr. Ask and my self were appointed and ordered to be of Council to draw up a Charge Here I have the order attested by Mr. Jessop and pray it may be read Court They do admit the thing that you were so assigned Cook Then I humbly conceive that that cannot be said to be done maliciously or advisedly or with any wicked intention in me which I was required and commanded to do Acting only within my Sphere and Element as a Counsellour no otherwise The next thing is this my L. that by Law words will not amount unto Treason we usually say that words may declare an Heretick but not a Traytor there were some Statutes formerly 1 Ed. 6. were words are made Treason but they are all repealed by 1 Mariae that nothing shall be Treason but what is expressed in 25 Ed. 3. this Objection will seem to lye that these were words put in writing and that I humbly conceive to be the greatest matter objected to which I answer 1. Whether there be any full certain clear proof that that is my hand to the Charge I must leave to you two or three
Treason and my Lord had this been in times of peace and had His Majesty been no Prisoner now he was under the power of an Army this had been great Treason but he being a Prisoner not by my means for I was no sword-man what can a man that knows himself innocent being a Prisoner desire more than a speedy Tryal so that making the Tryal more speedy cannot be said to be done trayterously A Tryal doth follow imprisonment as naturally and necessarily as the shadow doth the body If any man shall desire and be instrumental in bringing him to a Tryal which might acquit rather than condemn him and so humbly pray proceedings according to Justice this will have I hope a better name than Treason I am much beholding to His Majesty and this honourable Parli for the penning of the Act of Indempnity which I hope my L. you will give me leave to take notice of Court Open as much as you will of it Cook My Lords the words that I would make use of are in the beginning Treason Murder and other Felonies that are spoken of they are said to be counselled commanded acted or done in the preamble which is as the Key to open the mind and meaning of the Law-makers it is said that all persons shall be pardoned for all excepting such as shall be named and in such manner as they shall be excepted and then it comes provided that this Act shall not extend to pardon such and such persons and by name I am one and it is said all which persons for their execrable Treason in Sentencing to death or signing the Instrument for the horrid murther or being instrumental in taking away the precious life of our late Soveraign Lord Charles the First of glorious memory are left to be proceeded against as Traytors to his late Majesty according to the Laws of England and are out of the said Act wholly excepted and foreprized There is not any thing offered against me upon the two 1st great words which are Sentencing and signing that which I have to do to endeavour to clear my self is this being instrumental in taking away the life of his said Majesty first I humbly offer this to the Juries consideration That where the Parliament doth begin to fix the treasonable part there I hope and no otherwise this honourabe Court will fix it if it had been the Intention that Counsellors advisers and such as spoke their minds sometimes in the business you know that was Epidemical many words were spoken which cannot be justified whether naturally it would not have followed that all such persons for their counselling advising or being instrumental are left to be proceeded against as Traytors I hope you will take that into consideration concerning the words or being instrumental observe it is not said or being any otherwaies instrumental but Sentencing signing or being instrumental if therefore the word Instrumental be not of a general comprehensive nature then all this evidence which hath been given in against me being before the Sentencing and signing will fall to the ground that this is the legal genuine and Grammatical sense cannot be any otherwise than as particular as if it were the Sentencer signer Executioner which if it had been so nothing of the Evidence would have reached me My argument is this such a use is to be made of an Act of Parliament that no word may be frustrate and insignificant but if this Interpretation shall be put upon it sentencing signing or being any way instrumental then the words Sentencing and Signing need not have been if Instrumental will carry the words Sentencing and signing then these words will carry no force atall especially my Lord when there is no need of any retrospect at all if it be so I know not how far it may look back there is no necessity of putting any comprehensive generality upon this word instrumental but that the plain natural sense will be this That those that did sentence and Sign and those that were instrumental in taking away his life that is those that did abet and comfort that person unknown or justifie or countenance him which is after the Sentencing and not before in the legal sense Next I conceive that a Councellor cannot be said to do any thing vi armis It is said that by force and Arms I did abet c. it is Rhetorical to say that words may be as Swords but legal it is not unless there be something vi armis in the Grammatical sense instrumental in taking away the Kings life it is not said instrumental in order to take away the K. life or instrumental in advising to take away the K. life but instrumental in taking away the K. life My Lord The next thing is that there cannot be any thing to be said to be done by me first not falso because in that sense it must have the operation of mendacity that there must be a lie told in it I did nothing but what I was required to do to set down such and such words I did not invent nor contrive them I heard nothing of it till the tenth day of Jan. My Lord for malitiose that I did not any thing maliciously I hope it will appear in this what I then spoke it was for my Fee it may be called avaritia but not malitia for the Law will imply a malice but when there is no other express ground or reason why the thing was done but here was an express ground to speak for my Fee I hope the Jury will take that into consideration Then Secondly I was not Judicial in the Case I was not Magisterial as any Officer but ministerial As touching examining of witnesses it is a great mistake the Court had power to give an Oath I might be there but I had no power to give an Oath but whether I might ask any question I do not remember but that I should give an Oath that is a falsity then my Lord for proditorie I hope there is nothing at all that appears to the Jury so that there was no malice nor trayterous intention in the thing There are some matters of Law which I desire your Lordships will give me leave to speak to and that your Lordships will be of Counsel with me I would offer something concerning his Majesties gracious Declaration from Breda to the Parliament I was then in Ireland I did put in a Petition to the honourable Commissioners before any exception was that I might have the benefit of that Declaration I did lay hold of it My Lords there are two things in that Declaration that I would offer His Majesty saith that for the restoring of the Kings Peers and people of the Kingdom to their just rights and liberties He will grant a free and general Pardon to all excepting such as shall be by Parliament excepted and within three or four lines after it is said a free Parliament though I do not in the
crimes soever they have committed Except such as by a Free Parliament shall be excepted a legal Parliament called by the Writ of the King which this Parliament is not To that I give these answers First my Lord I do say that this letter of our gracious Soveraign from Breda in it self undoubtedly is no Pardon in Law for Treason that cannot be without the Broad Seal Next a Pardon under the Great Seal in such a form of words as this is would not be a Pardon for Treason for that must not be pardoned by implication but by positive words so in the Case of Sir Walter Raleigh a Commission directed to our well be loved Subject would not pardon the Treason of which he was condemned In the next place this Letter at the most is but a pardon in honour which must always be taken according to the meaning And that the Kings Honour may for ever be sacred I say this Letter doth no way help the Prisoner at the Bar. First it is plain by the very Superscription of this Letter 〈◊〉 which the Declaration was inclosed that it is directed to the Speaker of Our House of Commons in Parliament assembled which cannot possibly be expounded of any other Parliament than that which was then sitting to whose Speaker it was written Secondly the Letter it self says we have left it to you to provide for security and Indempnity and again if there be a â—â—ying sin for which the Nation may be involved in infamy 〈◊〉 cannot doubt but you will be as solicitous to vindicate as we can be And then in this very letter encloseth that declaration upon the penning of which the prisoner so much relies Now lay all together and it is clear the Parliament meant by the Declaration must be the same Parliament which was meant by the Letter and that was this very Parliament whom the King intended to trust both with Indempnity and with the vindication of his Fathers death and to be the dispensers both of mercy and Justice in this particular Another thing is this This very Parliament as the Prisoner observes they did go to the King according to His gracious letter and in the behalf of all the good people of England they did lay hold of the Kings mercy in His letter and Declaration and prayed that this claim by their Speaker in the behalf of all the rest of the Commons of England might be effectual to all purposes and for all persons other than those that should be by themselves afterward excepted according to their requests His Majesty accepts their Petition and makes Proclamation that his Pardon should extend to all but such as they should except what can be more clear and evident than that this is the Parliament which the K. did mean to be the very Parliament to which the Letter should have reference till the Act of Oblivion was passed again the late transactions of these twelve years past had involved so many persons that we could scarce find a man his he had need of mercy nay this very Parliament to which the Letter was written had need of Indempnity and it is probable in the nature of the thing or can it be understood by any man that the King writing to this Parliament and offering them pardon and Indempnity should mean such a pardon and Indempnity as future Parliament to be called by his own Writ should be willing to afford them Whose hearts would have been satisfied with so contingent a security My Lords upon the whole matter by what the King hath said in this Letter and by what the Parlim hath done in pursuance thereof and by what the King hath proclaimed it is to my understanding as clear as the noon day that the honour of the King is not concerned at all in the exemption of the prisoner at the Bar and for the Cases of my Lord of Essex and Southampton which he hath cited they make against him they were condemned because they endeavoured to imprison the Queen and to remove her Councellours of which very fact the Prisoner is in Law guilty too and then the case of King Philip the Husband of Queen Mary makes nothing for him neither unless he will speak out and tell us plainly that because by a former violence the King was made a prisoner he became but like a titular King as King Philip. In the next place he saith my Case is out of the Law I acted as a Councellour in my own particular for my Fee it was avaritia but not malitia nor falso malitiose or Proditorie But he must know that no man hath or can have a lawful calling to pursue the life of his King and the Law implies malice for malitiose and proditorie are not only words of course but of truth too in this case else it were as much as to say that no Councel can be guilty of High Treason than which nothing can be more absurd My Lord for that which he said last for I must omit some things and give him leave to take the advantage of it to stand upon it that the place was a Court such a one it was that he was not answerable for the constitution of it if it were not in a legal sense it was such an order as might bear him out that is with modesty and good manners to justifie High Treason it is not with such insolency as some others before him did it but it amounts to that That an order of a few persons that first made themselves a Parliament and then made a Court of Justice had Officers and met together and perfected so great a Treason I say that this Order to bear him out is impossible He that is a Lawyer he must accompt to the Laws for what he hath done if the authority were not lawful he cannot but know that this which he calls the Parliam was so far from a legal Authority that it was one part of the Treason that he did assist such an Assembly Gentlemen of the Jury this is your own Case here is a charge that is exhibited by the prisoner at the Bar as he saith in the name of all the people of England Look to it for you are some of them if you own it then it may be true what he hath said but I hope you meet here to tell this Nation and all the world that the people of England had no hand in that charge do but consider how that this prisoner at the Bar had hunted the life of the King how he did fish out and examine evidence whether the King set up his Standard at Nottingham was at such a place and such a place to what end is all this but with design of blood Were these things to be produced against the King and then Judgement to be demanded that he may be saved Is it not plainly proved to you by Witnesses how he did exhibit the Charge press it aggravate it desired it might be taken pro
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
terms for taking away the King comparing the K. to Barabbas He was instrumental when the Proclamation for the High Court of Justice as they called it was proclaimed directing where it should be proclaimed and in what place When the King was brought upon the stage that mock-work he was the person that stirred up the Souldiery below to cry for Justice we shall shew you as he preached at several times upon several occasions still he was in the Pulpit to promote this business the next day after he was brought to tryal he commends it you shall hear all out of the mouth of the Prisoner therefore I say no more call the witnesses Dr. William Young sworn Council Tell my Lords and Jury what the Prisoner at the Bar has declared to you concerning the contrivance of bringing the King to Tryal Dr. Young My L. and Gentlemen of the Jury It was near about and that the Prisoner may remember the moneth of July 1648. since we came first acquainted when he went over to Ireland it was about the Siege of Pembroke Castle but afterwards in the year 1649. we renewed our acquaintance he went over into Ireland with that Usurper the late Protector as he was called after the Town of Wexford was taken coming over he fell sick of the flux and said he received it by infection praying over Captain Horton Coming into Milford that Captain sends a summons to me to come on board that was to fetch this prisoner at the Bar who was sick I found him there groveling upon the deck and sick he was indeed with much difficulty we got him on shore within a very few dayes to the best of my remembrance five days I perfected his cure We became very familiar I observed in him that he had some secret thoughts that I could not well discover neither well understand whereupon I thought it might tend to my security that I should so much sympathize with him to get within him to know his intentions After some weeks for he continued with me ten weeks or near thereabouts some few days rather over than under we grew so familiar that at last I found he began to inlarge his heart to me Many times I should hear him rail most insufferably against the Blood Royal not only against our Martyred King but against his Royal off-spring still as we continued our acquaintance he became more and more open to me so we would sit up discoursing till about twelve or one of the clock at night very often about these unhappy wars late in England At last my Lord I found him that he began to tell me how he came into England and upon what account he came out of New England I shall desire that in regard his discourses were various that I may deliver them orderly they were delivered to me within the compass of ten weeks but the days and weeks I cannot remember First he told me discoursing of New England and the Clergy there and much of the Clergy here in England and of the business here of reformation he told me that for the driving on of this interest of this Reformation he was imployed out of New England for the stirring up of this war and driving of it on this I shall my Lord speak to in the first place and that upon the oath I have taken and secondly he was pleased at another time to acquaint me and that by way of complement complaining then against the Parliament saying that sometime after he was come into Engl. he was sent over into Ireland by the Parliament to receive further instructions to drive on the design to extirpate Monarchy saith he I did dispend a great deal of my own money yet never had that satisfaction from them which they promised me that was they promised me 2 or 3000 l. for my journey and yet they have given me no more but only a small pittance of land out of my Lord of Worcesters estate in Worcester-shire I have seen his letters directed to his kinsman here in London as I take it his name was Parker advising him for the settling of this land and selling it Thirdly my Lord I have observed that by way of vilification of the Monarchical Government I have found him jocundarily scoffing at it and would ordinarily quibble in this manner saying this Common-wealth will never be at peace till 150. be put down I asked him what this 150. was he told me three L's and afterwards interpreted the meaning to be the Lords the Levites and the Lawyers with that said I we shall be like Switzers Tinkers and Traytors Now my Lord we are come to the last particular we discoursing thus frequently and withal he was then a Colonel and had a Commission under that Usurper Oliver and brought over his Commission for raising of Souldiers to foment that War in Ireland that it was so I appeal to the dictates of his own Conscience and whether he did not press me very importunately to accept of a Commission of Major or a Captain he did issue forth two Commissions under his own hand one of them to bring over from Devon-shire two foot Companies unto Cork My Lord because we were militarily affected amongst the discourses of our unhappy wars I know not how it came from him it being near eleven years since and I have had many sufferings incumbent on me so that I may fail in some particulars but in general thus it was we were discoursing concerning our Martyr'd King as then we call'd him and of his Imprisonment in Holmeby-House which I wondered at thus we discourst he told me the story how they had used him at Holmeby and at last came up to this when he was taken away from Holmeby House the Parliament had then a design to have secured O. Cromwel and my self being then in London saith he we having intelligence of it escaped out of London and rode hard for it and as we rode to Ware we made a halt and advised how we should settle this Kingdome in peace and dispose of the King the result was this They should bring him to justice Try him for his life and cut off his Head whether this was the expression of Cromwel I cannot tell but to the utmost of my remembrance and I am mistaken if it was not the advice of Mr. Peters to Cromwel and I believe it because his former relations of his instructions out of Ireland did tend to that effect Mr. Soll. Gen. I will ask you this question we will not press you particularly upon your memory whether Cromwel or Peters said the words do you remember he confessed to you they were agreed upon that matter Young They did consult and agree upon it Peters My Lord I desire to speak a Word his voice being so low he was brought to the second Bar. I am the bolder to speak to your Lordships at this time a word and it is high time to satisfie my conscience if these things were true
Gent. saith he a great many Officers Soldiers being there all this is worth nothing unless you proclaim it in Cheapside and at the Old Exchange Councel Explain your self what Proclamation do you mean Har. The Proclamation for the High Court of Justice Holland Simson Sworn Coun. What do you know concerning the prisoner at the Bar Simson I do know Mr. Peters very well I have known him these 12. or 13. years When the High Court of Justice was sitting both in the Court aud Painted Chamber I saw this Gentleman in consultation there and at several other places at Sr. Will. Breretons and other where Coun. Did you see him at the Tryal Simson I saw him but not as a Judge There was one day in the Hall Coll. Stubbards who was Adjutant General he was a very busie man and Coll. Axtel Mr. Peters going down the stairs comes to him and bids Stubbards to command the Souldiers to cry out Justice Justice against the Traytor at the 〈◊〉 Coun. Who did he mean Sim. The King was at the Bar at the same time whereupon my Lord the Souldiers did cry out upon the same and as the King was taken away to Sr. Robert Cottons some of them spit in the Kings face but he took his handkerchief wiped it off and smiled Peters I do not know this Gentleman did he ever see me Sim. Yes divers times in the Painted Chamber at Sir William Breretons at the Deanery in consultation with Bradshaw and you were admitted and no man else as I know unless Sir Will. Brereton who came along with you Thomas Richardson Sworn Richardson My Lords the first day that this Court of Justice as they called it did adjourn I went up into the Court and I saw the Prisoner at the Bar with some more standing in the Court and I came and stood close by him and some with him whom I did not know I heard him commend Bradshaw the carriage of him in the tryal of the King and another Cooks carriage to be short Mr. Peters holding up his hands said this is a most glorious beginning of the work Sir Jeremy Whitchcot Sworn Wh. My Lords I have by accident not by choice been several times in Mr. Peters company truly I have heard him speak very scurrilously of the King amongst the rest he was making some kind of Narration of Cromwel making an escape and that he was intended to be surprised that if he had not presently gone away he had been clapt up in the Tower and declared a Traytor he said there was a meeting of the Officers of the Army where he used this expression And thâ—â— we did resolve to set aside the King My Lord after this it was at another time he was speaking of that which they called the High Court of Justice and I do very well remember this was his expression of it I cannot but look upon this Court with a great reverence for it doth resemble in some measure the tryal that shall be at the end of the world by the Sts. This is all that I perfectly remember It was a great while ago I cannot speak more punctually I have seldom heard 〈◊〉 speak of the K. but of the Tyrant I remember one time he waâ— saying he would have preached before the King but said he the poor wretch would not hear me Rich. Nunnelly Sworn Coun. Was Peters upon the Scaffold at the time of Execution or before Nun. On that unhappy day 30. Jan. 1648. this Hugh Peters came an hour before the King came to Whitehall I came with a warrant of 40. or 50000.l to Oliver Cromwel being door-keeper to the Committee of the Army Nunnelly sayes Oliver Cromwel will you go to Whitehall Surely you will see the Beheading of the King and he let me into Whitehall coming into the boarded Gallery I met Hugh Peters and he was in the Gallery and then I got with H. Peters into the Banqueting-house being there Hugh Peters met one Tench of Hounsditch that was a Joyner meeting him he speaks to him and whispers in his ear and told him somewhat I do not know what it was but Tench presently went and knocked four staples upon the Scaffold I meeting Tench again what art thou doing said I what will you turn hangman saies he this day will be a happy day said I pray God send it be not a bloody day upon that H. Peters went upon the Scaffold just an hour before the King came and then he went off again I watched at the window when the Kings head was cut off and afterwards I saw the Vizards going into a Chamber there about an hour afterwards I staying there at the Door there comes H. Peters in his black Cloak and broad Hat out of that Chamber as I take it with the Hangman I am sure I did see him go along with the Hangman to take water this is all I can remember it being many years since Peters I humbly beg I may be heard in this case I have here a witness and I desire he may be examined it is noised I was upon the Scaffold I here call God to witness I was not out of 〈◊〉 Chamber that day I was sick that day I speak in the presence of the Lord. Court If your witness will stay he shall be heard there 〈◊〉 more witnesses to the same thing and so he may speak 〈◊〉 all together Dr. Mortimer Sworn Mortimer Me Lar me ha serd de King c. Court We cannot understand a word Coun. He is a Frenchman my Lord. Court Pray let there be an interpreter One Mr. Young was sworn to interpret truly his evidence But it being afterwards found difficult and troublesome the Councel waved his evidence and prayed another witness might be called Dr. Mortimer Me Lar me can peak Englis Coun. No no pray sit down we will examine other witnesses call Stephen Clough Stephen Clough Sworn Coun. What do you know of H. Peters Clough My Lords and Gentlemen of the Jury in 1648. I heard of a meeting of the Councel of Officers at Westminster I think in the Painted Chamber and I willing my Lord to hear what their consultations were I went thither and was there as one of them but I was not one amongst the rest H. Peters was one when the room was pretty full the door was shut Mr. Peters desired to call for a blessing upon their business in his prayer he uttered these words O Lord saith he what a mercy it is to see this great City fall down before us and what a stir is there to bring this great man to tryal without whose blood he will turn us all into blood if he reign again Peters What day was this Clough It was about three weeks or a month before the King dyed Peters Where was this Clough In the Painted Chamber Peters You have been very bold Clough I speak upon my Oath Peters How long was this ago Clough In 1648. Peters How many years since is that Clough
You know your self sure how many years since 1648. Peters How long before the King dyed do you say Clough About three weeks or a month before the King was murdered Coun. We shall call a witness to prove that in Decemb. 1648. there was a solemn Fast appointed to seek God in what they were about and Mr. Peters was appointed to preach before them Mr. Beaver Sworn Mr. Beavers Evidence My Lord and you Gentlemen of the Jury upon a day that was appointed for a Fast for those that sate then as a Parliament I went to Westminster to find out some company to dine with me and having walked bout an hour in Westminster-Hall and finding none of my friends to dine with me I went to that place called Heaven and dined there after I had dined I passed through St. Margarets Church-yard to go home again I lay in the Strand I perceived all the Church-yard full of Muskets and Pikes upon the ground and asked some Souldiers that were there what was the business they told me they were guarding the Parliament that were keeping a Fast at St. Margarets who preaches said I they told me Mr. Peters is just now gone up into the Pulpit said I I must needs have the curiosity to hear that man having heard many stories of the manner of his preaching God knows I did not do it out of any manner of devotion I crouded near the Pulpit and came near the Speakers Pew and I saw a great many of the Members there whom I knew well I could not guess what his Text might be but hearing him talk much of Barabbas and our Saviour and insisting altogether upon that I guessed his Text was that passage wherein the Jews did desire the release of Barabbas and crucifying of Christ and so it proved the first thing I heard him say was it is a very sad thing that this should be a question amongst us as among the old Jews whether our Saviour Jesus Christ must be crucified or that Barabbas should be released the oppressor of the people O Jesus said he where are we that that should be a question amongst us saies he And because that you should think my Lords and Gentlemen that it is a question I will tell you it is a question I have been in the City which may very well be compared to Hierusalem in this conjuncture of time and I profess those foolish Citizens for a little trading and profit they will have Christ pointing to the Redcoats on the Pulpit stairs crucified and that great Barabbas at Windsor released sayes he but I do not much heed what the rabble sayes I hope sayes he that my brethren of the Clergy will be wiser the lips of the Priests do use to preserve knowledge I have been with them too in the Assembly and having seen and heard what they said I perceive they are for crucifying of Christ and releasing of Barabbas O Jesus what shall we do now with such like strange expressions and shrugging of his shoulders in the Pulpit Councel How long was this before the King was murdered It was a few dayes before the house of Commons made that thing called An Act for his Tryal Coun. What did he say to the Members I am coming to it sayes he My Lords and you noble Gentlemen of the House of Commons you are the Sanhedrim and the great Councel of the Nation therefore you must be sure to do Justice and it is from you we expect it you must not only be inheritors of your Ancestors but you must do as they did they have opposed Tyrannical Kings they have destroyed them it is you chiefly that we look for Justice from Do not prefer the great Barabbas Murderer Tyrant and Traytor before these poor hearts pointing to the Redcoats and the Army who are our Saviours and thus for two or three hours time that he spent he did nothing but rake up all the reasons arguments and examples he could to perswade them to bring the King to condign speedy and capital punishment Peters I do not know you are you sure you saw me at that time Do you know me Yes Sir Peters I did not preach there at that time Coun. Pray my Lord will you call Mr. Jessop who hath the Records of the Parlia and can produce the Order whereby you were appointed to carry on the work of that Fast there was the Order for his preaching and Order for thanks for his work Mr. Jessop produced the Journal wherein was the Order following which was read Cl. reads Die Jovis 7. Septemb. 1648. Resolved that there be a day of publick Humiliation for this House to seek God in these times of difficulty and that to morrow be the day and kept here in this House Resolved that Mr. Peters Mr. Marshal and Mr. Caril be desired to perform the duty on the day of Humiliation with the House to morrow Coun. That is not it we intend there was one after that in Decemb. 1648. Cl. reads 20 Decemb. 1648. Ordered that Mr. Peters be desired to preach on Friday next the day of publick Humiliation at Margarets Westminster in the place of Coun. Call Mr. Chase After this the work went on and the High Court of Justice sate and the first day they sate was Saturday the 20. Jan. in Westminster Hall the 21. being the Sunday following I think this Gentleman was at Whitehall he will tell you what he preached Mr. Chase sworn Chase My Lord I heard the Prisoner at the Bar preaching before Oliver Cromwell and Bradshaw who was called Lord President of the High Court of Justice and he took his Text out of the Psalms in these words Bind your Kings with chains and your Nobles in fetters of iron that was part of the Text But sayes he in his Sermon Beloved it is the last Psalm but one and the next Psalm hath six verses and twelve Hallelujahs praise ye the Lord Praise God in his Sanctuary and so on for what saies he look into my Text there is the reason of it That Kings were bound in chains c. He went on with a story of Major and a Bishop and his man the Bishops man saith he being drunk the Major laid him by the heels the Bishop sends to the Major to know by what authority he imprisoned his servant the Majors answer was there is an Act of Parliament for it and neither the Bishop nor his man are excepted out of it and applyed it thus Here is saith he a great discourse and talk in the world what will ye cut off the Kings head the head of a Protestant Prince and King turn to your Bibles and you shall find it there Whosoever sheds mans blood by man shall his blood be shed saies he I will even answer them as the Major did the Bishop here is an Act of God Whosoever sheds mans blood by man shall his blood be shed and I see neither King Charles nor Prince Charles nor Prince Rupert nor Prince
Maurice nor any of that rabble excepted out of it And further he said This is the day that I and many Saints of God besides have been praying for these many years Peters Ask him whether he took notes Chase No Sir but it being so memorable a Sermon I took special notice of it I came to my Brothers house at Shoolane and told him said I Brother I have been at White-Hall and have heard the most execrable business that ever was heard in the world by a Minister of the Gospel and I told him the words I observed that Oliver Cromwell did laugh at that time when you were Preaching Tho. Tongue sworn Coun. What do you know of the Prisoners preaching Tongue Upon Jan. 21. 1648. I was at Whitehall where this Gentleman preached and he preached upon this Text 149. Psalm v. 8. To bind their Kings in chains and their Nobles in links of iron in which Text this Peters did much applaud the Souldiers there he said he hoped to see such another day following as the day before and that blessed be God saies this Parson Peters the House the lower House is purged and the House of Lords themselves they will down suddenly this is all that I well remember at that time Upon the 28. of January 1648. next day after sentence of the King I heard Peters preach upon this Text in S. James's Chapel 149. Psalm 6 7 8. 9 verses Let the high praises of God be in their mouth and a two edged sword in their hands to execute vengeance upon the heathen and punishment upon the people To bind their Kings with chains and their Nobles with fetters of Iron To execute upon them the judgement written this honour have all his Saints praise ye the Lord And there he did so saint the Redcoats and so reprobate the poor Kings friends And in the middle of his Sermon he took occasion to produce a Text 14. Esay 18 19 20. All the Kings of the Nations even all of them lie in glory every one in his own house But thou art cast out of thy grave like an abominable branch and as the raiment of those that are slain thrust through with a sword that go down to the stones of the pit as a carkass trodden under feet Thou shalt not be joyned with them in burial because thou hast destroyed thy land and slain thy people the seed of evil doers shall never be renowned saies he This I did intend to insist and preach upon before the poor wretch and the poor wretch would not hear me Coun. Who did he mean Tongue His Majesty who was the day before condemned saith he look in your lesser Bibles and you shall find the title is The Tyrants fall Coun. That that was spoken of the King of Babylon the ignominy that was cast upon him he applies it to the King of England Peters Ask him where it was Tongue It was in S. James's Chapel Sunday the 28. of Jan. 1648. in the forenoon Reynold Bowdler Sworn Bowdler That which I have now to say is this I did hear him a few daies before the King was murthered preach in S. Sepulchers Church there he compares the King that was then to dye to Barabbas a murderer and in this manner saith he There is a great company amongst us like the Jews they cry out Let Christ be crucified and let Barabbas be released still comparing the King to Barabbas the murtherer these were his words with many more to the same purpose William Ryder Sworn Coun. Speak what you know concerning the Prisoner Ryder I was at the same time at Church in S. Sepulchers Coun. How long was that before the King dyed Ryder It was very near the Kings death Coun. Was it after the High Court of Justice sate as they called it Ryder About that time it was My Lord assoon as ever he had read the words of his Text which was He shall call his name Emanuel he presently shook hands with his Text and fell as he was wont to news and there he said the great inquiry now is to know what should become of the King let that alone saith he and presently he falls to it again and was pleased to stile the King Barabbas saith he there is a great many of the people had rather Christ should be crucified than Barabbas and here he was applauding the Souldiers and said that Emanuel was written upon the bridles of their horses and he was speaking of the Kings Souldiers saith he I have known eighty thousand of them and not one of them a gracious person Coun. Now we expect the Answer of the Prisoner at the Bar the Indictment hath been fully proved Peters I desire that witness may be admitted which I spoke of his name is Cornelius Glover Coun. We have omitted one evidence we desire Master Walker may be called Mr. Walker Sworn Walker On Sunday after the King was first brought to his tryal out of curiosity I went to hear Mr. Peters at Whitehall after he had made a long prayer saith he I have prayed and preached these twenty years and now I may say with old Symeon Lord now lettest thou thy servant depart in peace for mine eyes have seen thy salvation Afterwards he speaks of the Text of binding their Kings in chains c. then much reviled the King but soft there saith he I must not talk so here I am in the Kings Chapel there is a very remarkable passage in Amos Amos went to preach and Amazia would not let him but Amos would preach the poor wretch would not hear me but yet I will preach Afterwards he speaks of the Major of Exeter that committed the Bishops servant for being drunk saith the Major here is an Act of Parliament for it and I do not see that the Bishop nor his man are either of them excepted out of the Act and saith he in Scripture it is said Whosoever sheddeth mans blood by man shall his blood be shed and I do not find that either King Charles Prince Charles Prince Rupert Prince Maurice or any of that rabble are excepted Coun. Now Mr. Peters you may call your witness Cornelius Glover not sworn Lord Chief Baron Where do you dwell Glover In Pauls Church-yard Lo. Ch. Bar. What is your quality of life Peters A servant of the Kings Lo. Ch. Bar. I do not ask you Mr. Peters Glover I belong to the Post-house Peters Pray hear him speak L. Ch. Bar. What would you have him asked Peters Whether I was out of my Chamber that day the King suffered Lo. Ch. Bar. What say you to that Glover I was come to Mr. Peters a little before that time to live with him as his servant it fell out that day he was ill in his chamber all the morning the Souldiers in S. James's-house were all gone away I had a desire to go see the meeting where they were at Whitehall saith he thou seemest to have a great desire to go and look about thee
it is very sad but if you will go you may I did go over the Park Coun. What time Glover About noon Coun. What hour Glover I do not know I did not stay there the soldiers and the people fill'd the place and I went back again to the chamber I came back again within a matter of an hours time Coun. Was the King dead before you came back again Glover They said he was not when I went home he asked me what was doing I told him there was a great croud I could not come near I staid there an hour and then went out again and still there was a croud and I came back again and M. Peters was in his chamber then Coun. Was he in bed or up Glover I do not remember Coun. How old were you then Glover I am not above 32. or 33. Coun. Was Mr. Peters sick Gl. Yes He was melancholy sick as he used to be L. Ch. Bar. How long have you been at the Post-office Gl. About five years L. Ch. Bar. M. Peters have you any more to ask him Peters I brought him to testifie that I was not out of my Chamber that day and that I was sick L. Ch. Bar. Did you desire to go or did he send you Gl. I did desire to go being newly come to London Lord Ch. Baron This Gentleman though not upon oath is examined and it is only to one particular nothing at all to the main proofs Peters I bring him only to vindicate my self from that aspersion of my being upon the Scaffold L. Ch. Bar. They do not lay the weight of their evidence upon that The Kings Councel have done with their evidence if you have any thing to say you have your liberty Peters May it please your Lordships I will give you an account of the business I lived fourteen years out of England when I came over I found the wars begun I began no war my Lord nor have been the Trumpeter when I came out of the West Indies I fled from the War into Ireland to the Western part there and it was after the Rebellion when some of the Irish had been stirring there I went and spent my time there I was neither at Edge-hill nor Naseby but my Lord after I came over there was War that the people were engaged in I was not here in the beginning of it but was a stranger to the carriage of it When I came into the Nations I looked after three things one was that there might be sound Religion The second was that learning and Laws might be maintained The third that the poor might be cared for and I must confess I have spent most of my time in these things to this end and purpose there was a noise in all parts of some miscarriages in matters of Religion after it was setled I lived in Ireland I must profess for my own part solemnly that my carriage hath been upon these heads For Religion I have through Gods mercies spoke the truths of the Protestant Church upon this account I did stay to see what God might do I was sent over to his Majesty that we might have a little help in point of Excise and Customes and encouragement in learning My Lord this is true that I being here in the Nation and being sent over upon the occasions of the Countrey and not upon any design but this I say I cannot deny it that after I came over and had seen the state of England in some measure I did stir but by strong importunities the Ministers of London deeper than I I am very sorry to hear of my carriage towards the King it is my great trouble I beg pardon for my own folly and weakness I thought God had a great controversie with the Nation and the Lord was displeased on all hands that which some people took to I did take unto I went into the Army I saw at the beginning of it that corruptions grew among them I suppose none can say I have gone aside from any Orthodox truth of the Lord And now to take off the scandal upon me and to the business let me beg of your Lordships to consider whatever prejudices or revenge may take up mens hearts there is a God that knows all God hath a regard to the people of England I look upon this Nation as the Cabinet of the world That that doth concern the business is this my Lord that after this time hither I came and did bear witness to all the world that there was amongst us something that was for better and some thing worse for the Nation I took advice of some great persons concerning the weightiness of it I had neither malice nor mischief in my heart against the King upon this I did engage so far as being invited I went into the Wars and there I found very strange and several kinds of providences as this day hath been seen I do not deny but that was active but not to stir in a way that was not honourable I challenge a great part of the Nations to manifest my carriage among them I shall make it good divers ways I had so much respect to his Majesty particularly at Windsor that I propounded to his Majesty my thoughts three ways to preserve himself from danger which were good as he was pleased to think though they did not succeed and the work died as for malice I had none in me It is true there was a difference amongst us an Army and an Army I never had a groat or penny from O. Cromwel since I knew this place I profess I have had no ends for honour or gain since I set foot upon this shore I challenge any man that belonged to that party whether they had not the same respect from me as my own party I have not persecuted any with malice I will only take off malice L. C. B. Your business is matter of fact Peters I am unskilful in Law this that I offer is to shew that I had no malice in me I was so far from malice that I have a Certificate if worth the reading from one of the Eminentest persons in the Nation to shew I had no malice It is concerning the Marques of Worcester under his Ladies hand beginning with these words I do here testifie that in all the sufferings of my husband Mr. Peters was my great friend c. I have here a seal and then produced it that the Earl of Norwich gave me to keep for his sake for saving his life which I will keep as long as I live L. C. Bar. I am not willing at all to interrupt you or hinder you that which you speak of doing good services is not at all to the point we do not question you for what good you have done but for the evil you have done I hope there is no malice in your heart nor upon the Court nor Jury we and they are upon our Oaths you hear the matter alledged against you pray
of Injustice that was Erected for Tryal of the late King it had all the formalities of a Court to put in Execution that bloody Act they had their President their Council their Chaplain and their Guards some of their Judges have been already Tryed one of their Council and their Chaplain Now my Lord we come to the Guards and this Gentleman at the Bar that is now the Prisoner He was Commander of that Black Guard that cruel and bloody Guard The Indictment is That he did Imagin and compass the Death of the King there be several overt acts that are mentioned in the Indictment as Evidences of that Imagination as the consultation to bring him to Tryal the Actual bringing him to Tryal and the Bloody Execution upon the Scaffold Our Evidence shall be this That during the time of the Tryal the Prisoner at the Bar did Command the Souldiers in Westminster-Hall himself did keep the Entrance into the Court and when Bradshaw did speak to the King and told him he trifled away time and required his answer to the charge exhibited in the Name of the Commons of England Assembled in Parliament and the good People of England that a Noble person in the Gallery there cryed out it was a Lye saying that above half the Commons disowned it saying where are these good people it is a lye Oliver Cromwel is a Traytor this bloodly Fellow commanded the Souldiers to shoot her he did several times command and encourage the Souldiers to cry out Justice justice and the last day of that horrid Tryal called by them the day of Judgement he likewise commanded them to cry out Execution Execution and when some of them would not do it he had the Valour to Beat them My Lords and Gentlemen of the Jury if we prove any of these particulars to demonstrate unto you that he was Guilty of compassing and imagining the King's Death it is equal as if we had proved he did Actually cut off the King's head Mr. Bodurdoe Mr. Nutly Mr. Harrington Sir Purback Temple Mr. Sympson Mr. Baker Mr. Huncks and Mr. Jeoner Sworn Coun. Mr. Symp. tell my Lords and the Jury who had the command of the Souldiers during the Tryal of the King in Westminster-Hall Sym. My Lords as I said before in the Case of Mr. Peters Col. Stubberd and Col. Axtel had the command of the Souldiers below Stairs near that which was called the High Court of Justice Axtell I desire to know his Name my Lord Sym. My Name is Holland Sympson Coun. Did you see him there commanding the Souldiers Sym. There was a kind of a Hubbub in the Court there was a Lady they said it was the Lady Fairfax who at the Exhibiting of the Charge against the King said to be in the Name of the Commons and people of England She spoke out aloud and said it was a lye that not half not a quarter of the people Oliver Comwell is a Rogue and a Traytor they called for a Guard this Gentleman he was called and brought up some Musqueteers and commanded his Souldiers to Present and give Fire against the Lady and commanded her to Unmask Axtell What Lady was it I desire to know Sim. She went by the name of the Lady Fairfax I know not whether it was so or no it was the common report it was she Cl. Mr. H. pray tell my Lord what you know of the Prisoner at the Bar. Huncks My Lord to say positively any thing of the man touching his command I cannot but only that morning the King Dyed he came into the Door of the Room where Colonel Phayre Colonel Hacker Cromwell and my self were Ireton and Harrison lying in bed together in the same Room and then he stood at the Door half in and half out I refusing to Sign an Order for Executing the King as Cromwell ordered me and some little cross Language having passed saith the Prisoner at the Bar Colonel Huncks Iam ashamed of you the Ship is now coming into the Harbour and will you strike Sayle before we come to Anchor This I appeal to your self but for crying out Knock them down Shoot them I know not who it was the Officers cryed Justice and some of the Souldiers but I profess I know not who it was particularly but they cryed Justice and then I fell a trembling for I was afraid of the King but these were the words he used to me will you strike sayle c. Axtell My Lord I desire to ask him a question L. Ch. Bar. Ask him what you will Axtell If I am not in the right I hope your Lordships will direct me L. Ch. Bar. Go on Axtell Col. Huncks where was it Huncks In a little Room in White hall where Ireton and Harrison lay in bed together Axtell Do you know whereabouts Huncks I think I can go to the Room I appeal to your own conscience before all this people Axtell By your favour Sir the Room I perceive you know not and truly Sir My Lord if you please to give me leave because he appeals to my conscience I do appeal to the Great God before whom it may be I may be Arraigned to give an account of all my Words thoughts and Actions I do not remember that ever I had any converse with this man there or met him there or any of that company there that day he was a stranger to me but I wish that you to save your self being in the Warrant for Execution do not make others a Peace-Offiring to save your self the Lord that knows my heart I appeal to him I appeal to your own conscience because you appeal to my conscience I never met you nor saw you there Huncks Have you done then give me leave you say you do not know me I appeal to the same God when Cromwell took upon him to have the Crown have not I said What have you got by being Jehu-like Lord strike me dead here if it be not true Axtell I will not reflect upon him but because he hath appealed to my conscience therefore I speak it it is known Notoriously how Jehu-like you were when you were one of the chief Guards of his Majesty one of the Fourty Halberteers that did oppose every person then for the King had I had time and had not been a close Prisoner as I was there were Witnesses enough Council This after our Evidence is more proper Huncks Spare me not Col. Axtell L. Ch. Bar. Take the Old and Antient course let the Witnesses that are produced for the King be all heard then give your answer to all of them together Axtell My Memory is not very good L. Ch. Bar. You have Pen Ink and Paper L. Ch. Bar. Mr. Axtell is this all that you desire to speak to Col. Huncks Axtell Yes my Lord. L. Ch. Bar. Have you any other Questions Council My Lord we have a few words he Objects as if Col. Huncks were under a danger he is pardoned Axtell I desire to ask
a voluntary Act of mine own and so it cannot be Compassing the death of the King For to the word Execution what can be the sense of this word Execution is a single word those people that started the word justice might put it in the heads of the Souldiers which I might strike to command silence they likewise might upon the same account cry out Execution and so to hinder all Tumults and Hubbubs and the like in the place I might repeat their words in correcting of them for it I might say I 'le justice you I 'le execution you But my Lord this word Execution of justice it is a glorious word not that there can be an inference that what they did I should say was Justice or to approve of any thing that they did but only in general Execution of justice which my Lord relates not to any person possibly the rude people might be speaking as hath been said before in that manner and the Souldiers might take it up and I might reprove them and make use of their own words by word of repetition I will Justice you I will Execution you My Lord in the next place I do observe to speak that of Mr. Burden he did observe to your Lordships and the Jury my Country-men my Brethren with whom are the issues of life and death for whose life they must answer before the Lord as to Righteousness Judgment and Equity I say my Lord as to Mr. Burden he tells you that for my sake he was imprisoned saith he I have suffered much by him and speaks it with much indignation of spirit I have suffered and been imprisoned by him and afterwards he comes to speak his Evidence how much his Evidence may be of Force I desire my Lord the Jury may consider of that and then he comes and saith I commanded a Guard at the Banqueting-house in Whitehall Truly my Lord the Lord Fairfax commanded a Regiment to quarter there and I as an inferior Officer might be there in the next place my Lord he saith I sent Alisha Axtell to fetch the Hang-man Truly my Lord I wonder this person is come from Ireland if this were so the Authority there would not send that person with his great Evidence as well as this person he may as well charge any person with this as me It is evident Ireton Harrison and Cromwell they did all amongst themselves I never was with them amongst them received no command from them nor obeyed them nor did any thing but what I had command for from the General who by the Law I was bound to obey as a Souldier I shall only observe one thing more this person being so long a Prisoner to Extricate himself out of his imprisonment and chains poor man he may say more than is true I wonder he should say I sent for the Executioner I never knew of any circumstance touching consultation about his Death or took him Prisoner When they sent to me to be one of his Gnard I never would go I humbly conceive there is nothing sticks upon me in this considering the circumstances and the words of he person that spoke them My Lord the next person that speaks against me is Mr. Cooke and he saith he heard me say Thrust that Lady down that made a disturbance in the Court or words to that purpose it is probable there might be a desire of silence The next Evidence is Lt. Col. Nelson he saith that upon a Discourse L. Ch. Bar. I would put you in remembrance lest you should forget what Sir Purback Temple said That by leave of persons under your command he saw the body of the King It is only a Circumstance Axtell I have heard there were Chirurgions Physitians and Halberteers appointed by whom I know not they had the care of such things and had the keeping of him he was locked up by them no body could come in but by them I never had a Key possibly Col. Temple might come to me quartering there and desire me to speak to some persons that had the charge of it to let him in whether I did or no I cannot remember but if it were so I hope it will not amount to Treason The last thing given in Evidence against me is Mr. Nelson he saith that upon some discourse between us he was asking what person cut off the Kings head and that I should say Hewlet c. Truly my Lord I was never privy and I appeal to Mr. Rushworth if he were here who was Secretary if ever he saw me in any Counsel to advise or Act or any thing in that kind in relation to the Kings Tryal Sentence or Execution for me to know the person that was imployed about the Execution it is strange when as I said before they did all within themselves I had no knowledg thereof and medled not with any thing but within my own Sphear as a Souldier under my L. Fairfax by Authority of Parliament For naming of any person truly my Lord it would be a wonder to me that I should name any person to go to do any person that wrong and injury to say he was the person I must invent it for I knew nothing of it But by common fame up and down the City it was said to be another person but who it was I cannot say my Lord but to all this that hath been said against me there are but two things upon two Witnesses that are placed upon me the First my Lord here is two Witnesses for crying Justice and Execution L. Ch. Bar. I think you have more than two to those words Axtell Not for both together L. Ch. Bar. No but several for Justice Axtell There is three to that I shall only say this to your Lordship and this Jury in whose hand this life of mine is and is committed to them either to acquit or condemn me and God knows the hearts of all men and my innocency and integrity I shall say nothing to the Witnesses it is a day of Temptation and I desire the Jury my Countrymen my fellow Citizens my Brethren that they would well consider of it the word Execution and Justice admit I had said them which my Lord I do not I must not Grant there being an uprore of people there such words might be used and possibly Souldiers might take them up from them and chastising the Souldiers I might repeat the words I will Justice you I will Execution you L. Ch. Bar. The Evidence is that you beat them because they did not readily cry Justice Justice Axtel It might be more probable I beat them because they did do it I might chastise them for doing of it and repeat it as a reason for their Chastisement and but admitting it was true which I grant not yet I hope Justice and Execution of Justice as it is so great an Attribute of God by Gods Laws nor Mans Laws is no where made Treason but Mercy attends it and Judgment attends
Hulet did refuse after all refused it seems he did undertake to do the deed When the King was brought on the Scaffold we were in Scotland yard and they were upon the Guard in the Banqueting-Chamber when they were there I laid down my Arms and got into the company Captain Webb kept the Guard with his Halbert in his hand by the Scaffold and I did bustle to come near to them then I returned back Hulet as far as I can guess when the King came on the Scaffold for his execution and said Executioner is the block fast then he fell upon his knees Coun. Who did Gittens Hulet to ask him forgiveness by his speech I thought it was he Captain Atkins who would not undertake to do this fact I told him I would not do it for all the City of London no nor I neither for all the World saith Atkins you shall see Hulet quickly come to preferment and presently after he was made Captain Lieutenant Councel Was he with his Regiment that day Gittens We could not see him with the Regiment all that day he was never absent at any time before Councell Did you know his voice Gittens Yes Sir Councell Did you mark the proportion of his body or his habit what disguise he was in Gittens He had a pair of freeze trunk breeches and a vizor with a gray beard and after that time Colonel Hewson called him Father Gray-beard and most of the Army besides ye cannot deny it Hulet I desire as to this witness he doth alledge that he and I were Serjeants in one company which I deny he was not in that company I was in I desire to know of him how he comes to know that I was there at that time Gittens By your voice Hulet I will swear that this man was with the Regiment under the Scaffold where were you at that time when the Act was done G. Where was I by Captain Web H. Where was he G. At the door of the Banquetting-house H. Was you on the Scaffold or no Sir G. I was on the Scaffold end H. My Lord I desire you to consider what this person saith he saith he was upon the Guard in Scotland yard and at the Scaffold with Captain Web. My Lord I desire again whereas he said I had a gray-beard let any man besides himself say that ever I was called by that name gray-beard throughout the Regiment Stammers sworn Council What have you to say concerning the Prisoner at the Bar St. He was a Captain Lieutenant to Colonel Hewsons Troop when I had entred my self into that Troop I was a while in Dublin and I was commanded by the prisoner at the bar I and the rest to march to a place called Lutterells Town about 5 miles beyond Dublin the prisoner at the Bar came thither to us two dayes after then being in his chamber he sent for me up I went up and sate down he examined where I had served I told him I did sormerly belong to the Lord of Inchequin he asked me if I was ever in the Kings Army with that he walks about the room two or three turns saith he I was the man that beheaded King Charles and for doing of it I had an hundred pounds saying I was a Sergeant at that time Hulet I desire to ask him a question I confess what is your name Councel Stammer his name is Stammers H. Such a one was under my command I think I have not seen you these eight Years I desire to know when these words were spoken and the place St. I say in Lutterels town in your own chamber and that was nine or ten years ago H. It is about eight years ago since I left that command who was by at that time St. No body Hulet 'T is strange How long had you been in the Troop before St. I was in Dublin about a fortnights time then you sent for me and I came to Lutterels Town the first time that I came to the Troop was at Dublin and then you came to me with two Orders from Hewson and then you did pretend you was brother to one Mr. Chambers and then we went and quartered in Lutterels Town H. My Lord his examination in Ireland and this doth not agree you did deny this before Baldwin a Trooper I desire his examination may be read which was accordingly read and agreed with the testimony now given I desire he may mention what man that was that I sent for him St. I cannot tell what man H. My Lord I desire that servant may be either named or produced St. I cannot remember the man it is seven years ago H. Then again upon another accompt as he speaks before that I should examine him where he had been and that he should say at the Lord Inchequins Captain Toogood sworn Toogood I shall first give your Lordships and the Jury what I have heard others say concerning the prisoner at the bar and that is first Colonel Hewson I was in the year 1650. about September in Dublin Castle about some business with Hewson Captain Hulet the prisoner at the bar came into the room he talked with Colonel Hewson a little while I observed them very familiar and I asked Hewson what he was he told me he was his Captain Lieutenant of Horse I desire to know where he had him he told me he made him so from a Serjeant and a very mettled fellow he was it was he that did the Kings business for him upon the Scaffold In the year 1653. there was a disbanding of the Army in Ireland this Gentleman was then continued Captain Lieutenant in Pretties Regiment I discoursed with Pretty concerning him and one part of it I remember was about the Kings death and he did tell me that he was assured by Colonel Hewson that Hulet either cut off the Kings head or held it up and said behold the head of a Traytor Colonel Pretty would not tell me which of the two it was but I saw the person that did it and me thought he did resemble this person About 12. moneths after I came to live near the prisoner in Ireland once I remember at one Mr. Smiths at the White-horse in Carlow I met him there and I was asking the prisoner at the bar the question whether he was the man that cut off the Kings head or not saith he why do you ask me this question I told him I had heard by several namely by Hewson and Pretty upon that he said well what I did I will not be ashamed of if it were to do again I would do it once since that time about half a year afterwards I was in the same place and there talking with him about the Kings death he was telling me it was true he was one of the two persons that was disguised upon the Scaffold I desired to know what if the King had refused to submit to the block saith he there were staples placed about the Scaffold and I had
that about me that would have compelled him or words to that effect other times I have heard him speak something to this November the last in the the Queens County at Maryborough Col. Jones took upon him to be Governour and to choose two out of a Regiment that might be the Rulers of the people Legislators I think they call'd them I did discourse about the business again and did oppose it all after a while he began to be very hot in the business about Lambert said I you were heretofore too forward sayes he if it be the business of the Kings head I will never deny it call me to an account when you will I have observed in Ireland that it hath been generally reported that he was either the man that cut off the Kings Head or that held it up as I said before and I have heard them sometimes call him Grandsire Grey-beard Hulet My Lord I do confess I know the Gentleman very well we were in a Regiment together I never discoursed with any concerning this but only once at a place going from Cullen to Munster we did drink at a place called Goran we were discoursing about the business of the King the justification of the cutting off his head saith Stammers I did hear that you were one of the persons for that purpose said I they that say so do me wrong saith he it is no matter if you were so for it was a just act said I whether it was or no I have nothing to do to justifie it he was speaking as I hope to be saved I would have done it Walter Davis Sworn Councel What can you say Mr. Davies to this business Davies Gentlemen that which I can say is this in January last was two years I was at Dublin I met Captain Hulet he invited me to take share of a pint of Wine I went with him to a Tavern when we were in the Tavern he called for a pint of wine and I called for another before we had drank out the last pint of wine said I to Captain Hulet I pray resolve me this one question it is reported that you took up the Kings head and said behold the head of a Traytor Sir said he it was a question I never resolved any man though often demanded yet saith he whosoever said it then it matters not I say it now it was the head of a Traytour H. I confess we did meet together as you say but I must and do deny the words Lieutenant Collonel Nelson sworn Nelson My Lords and Gentlemen of the Jury upon a discourse with Col. Axtel as I related once this day about six years since in many other discourses we fell to discourse about the death of the late King I supposing he had been acquainted with that affair I desired him to tell me those two persons disguised upon the Scaffold he told me I knew the persons as well as himself saith he they have been upon service with you many a time pray Sir said I let me know their names truly said he we would not imploy persons of low spirits that we did not know and therefore we pitcht upon two stout fellows who were those said I It was Walker and Hulet they were both Serjeants in Kent when you were there and stout men Who gave the blow said saith he poor Walker and Hulet took up the head pray said I what reward had they I am not certain whether they had thirty pounds apiece or thirty pounds between them Hulet Pray let Mr. Axtel speak to this he is hard by Colonel Tomlinson sworn Counsel Pray tell my Lords your knowledg in this business Tomlinson My Lords and Gentlemen of this Jury I cannot punctually remember what their habits were but they had close garments to thier bodies they had hair on their faces one was gray to the best of my remembrance the other was flaxen colour Councel Can you tell who struck the blow Tom. My Lord I cannot remember but I think he with the gray hair on his face did it Nelson My Lord I will not positively say it but it came lately to my mind that I did hear in Ireland by Col. Pretty that Hulet did it my Lord this Col. Pretty is alive in Ireland Ben. Francis sworn Francis My Lords and Gentlemen of the Jury as to the Prisoner at the bar he was very active in that horrid act there was two of them had both clothes alike their frocks were close to their bodies as I remember they were rather in Butchers habits of woollen one had a black hat on his head cockt up and a black beard and the other had a grey grisled periwig hung down very low I affirm that he that cut off the Kings head was he in the gray periwig and I beleeve this was about that mans stature pointing to Mr. Hulet and his beard was of the same colour if he had any I was coming from Westminster the Scaffold was encompassed within with a great Guard of Souldiers of Redcoats I think commanded by Biscoe Hulet Was you upon the Scaffold Francis No Sir there was none of my constitution upon the Scaffold Councel Fuller evidence I think cannot be expected you have heard all the Witnesses what can you say for your self Hulet My Lord here is several witnesses examined concerning the business and for my part I do not understand the Law I must leave it to the Court I can upon the other account prove where I was at that very time I can in the next place my Lord since I came into London for I did not hear it before I can tell you who was the person that did that act I can bring forty and forty witnesses that will prove who they were that did it as I have been informed by several Witnesses that they know who was the person that did it upon the other accompt I can prove where I was that day but I did not know when I was arraigned what was laid to my charge Here was some examinations taken before my Lord Mayor concerning the person or persons that did that act here he offered a paper a copy of the said examinations subscribed Mary Brandon and divers others Mr. Secretary Morrice Was you not examined in the Tower Hulet Yes Sir Mr. Secr. Morice Did not we tell you that you were charged with cutting off the head of the King Hulet Yes Sir you did tell me so L. Ch. B. Then you had time to provide your witnesses H. I was a close prisoner L. Ch. B. Where were you on the day of execution H. I was a prisoner then at Whitehall L. Ch. B. For what H. Upon this accompt we were taken up about seven or nine of us were taken up we were all Serjeants three of Col. Hackers the rest of Prides and Fairfaxes and about ten of clock at night were discharged L. Ch. Baron For what were you imprisoned H. For refusing to be upon the Scaffold Burden It was a common
there may be a favourable construction made of it I humbly leave it with you I did my Duty to pray for the King but had no malice to act willingly against him Clerk Henry Marten Counsel He did both sign and seal the Precept for summoning the Court and the Warrant for Execution sat almost every day and particularly the day of Sentence Marten My Lord I do not decline a confession so as to the matter of Fact the malice set aside maliciously murderously and traiterously Counsel If you have any thing to say to that we will prove it L. Ch. Baron That I may inform you in it there is malice implied by Law malice in the Act it self that which you call malice that you had no particular intention or design against the King's Person but in relation to the Government that will not be to this present business if it should extenuate any thing that would be between God and your own Soul but as to that which is alledged in the Indictment Maliciously Murderously and Traiterously they are the consequences of Law If a Man meet another in the Street and run him through in this case the Law implies malice though but to an ordinary Watchman there is malice by the Law in the Fact if there was no such expressed personal malice as you conceive yet the Fact done implies malice in Law Mr. Solicitor General My Lord He does think a Man may sit upon the death of the King sentence him to death sign a Warrant for his Execution meekly innocently charitably and honestly Marten I shall not presume to compare my knowledg in the Law with that of that Learned Gentleman but according to that poor understanding of the Law of England that I was capable of there is no Fact that he can name that is a Crime in it self but as it is circumstantiated Of killing a Watchman as your Lordship instanced a Watchman may be killed in not doing his Office and yet no murder Lord Chief Baron I instanced that of a Watchman to shew there may be a malice by Law though not expressed though a Man kill a Watchman intending to kill another Man in that case it is malice in Law against him so in this case if you went to kill the King when he was not doing his Office because he was in Prison and you hindred him from it the Law implies malice in this It is true all Actions are circumstantiated but the killing of the King is Treason of all Treasons Justice Foster If a Watchman be killed it is murder it is in contempt of Magistracy of the Powers Above the Law says that contempt adds to the malice Counsel We shall prove against the Prisoner at the Bar because he would wipe off malice he did this very merrily and was in great sport at the time of the signing the Warrant for the King's Execution Marten That does not imply malice Ewer sworn Councel Come Sir you are here upon your Oath speak to my Lords and the Jury you know the Prisoner at the Bar very well you have sometimes served him Were you present in the Painted Chamber January 29. 1648. at the signing the Warrant the Parchment against the King Ewer The day I do not remember but I was in that Chamber to attend a Gentleman there I followed that Gentleman looking at Mr. Marten I followed that Gentleman into that Chamber L. C. Baron After what Gentleman Ewer Mr. Marten my Lord I was pressing to come near but I was put off by an Officer or Souldier there who told me I should not be there I told him I was ordered to be by that Gentleman My Lord I did see a Pen in Mr. Cromwel's hand and he marked Mr. Marten in the face with it and Mr. Marten did the like to him but I did not see any one set his Hand though I did see a Parchment there with a great many Seals to it Sir Purback Temple sworn Counsel What do you know of that Gentleman in his carriage of this Business Sir Purback Temple My Lords I being present in Town when that horrid Murder was contrived against the late King there came some Persons of Honour Servants to the late King to my Father's House Sir Edward Partridge to engage me to join with them to attempt the King's escape In order whereunto they told me nothing would tend so much to his Majesty's Service as to endeavour to discover some part of their Counsels for that it was resolved by Cromwel to have the King tried at the High Court of Justice as they called it the next day and desired me if possible to be there to discover their Counsels whereby the King might have notice and those that were to attempt his escape In order whereunto the next day by giving Mony to the Officer of the Painted Chamber I got in by day light in the Lobby to the Lords House I espied a Hole in the Wall under the Hangings where I placed my self till the Council came where they were contriving the manner of trying the King when he should come before them and after the manner of praying and private consults amongst themselves when their Prayer was over there came news that the King was landed at Sir Robert Cotton's Stairs at which Cromwel run to a Window looking on the King as he came up the Garden he returned as white as the Wall returning to the Board he speaks to Bradshaw and Sir Henry Mildmay how they and Sir William Breerton had concluded on such a Business Then turning to the Board said thus My Masters He is come He is come and now we are doing that great Work that the whole Nation will be full of Therefore I desire you to let us resolve here what answer we shall give the King when he comes before us for the first Question that he will ask us will be By what Authority and Commission do we try him To which none answered presently Then after a little space Henry Marten the Prisoner at the Bar rose up and said In the Name of the Commons and Parliament assembled and all the good People of England which none contradicted so all rose up and then I saw every Officer that waited in the Room sent out by Cromwel to call away my Lord such a one whose Name I have forgot who was in the Court of Wards Chamber that he should send away the Instrument which came not and so they adjourned themselves to Westminster-Hall going into the Court of Wards themselves as they went thither When they came to the Court in Westminster-Hall I heard the King ask them the very same Question that Cromwel had said to them Mr. Solicitor Gentlemen the Prisoner at the Bar confesses his Hand to the Warrant for Executing the King you see by his Servant how merry he was at the sport You see by his Witness how serious he was at it and gave the foundation of that Advice upon which they all proceeded and now he
honest and humble Confession and shall give no evidence against him to aggravate the Matter L. Ch. B. Your Petition is accepted and shall be read Robert Titchburne My Lord when I first pleaded to the Indictment it was Not Guilty in manner and form as I stood Indicted My Lord it was not then in my Heart either to deny or justify any tittle of the matter of Fact My Lord The Matter that I was led into by ignorance my Conscience leads me to acknowledg But my Lord if I should have said Guilty in manner and form as I stood Indicted I was fearful I should have charged my own Conscience as then knowingly and maliciously to act it My Lord it was my unhappiness to be call'd to so sad a Work when I had so few years over my head A Person neither bred up in the Laws nor in Parliaments where Laws are made I can say with a clear Conscience I had no more enmity in my heart to his Majesty than I had to my Wife that lay in my bosom My Lord I shall deny nothing After I was summoned I think truly I was at most of the Meetings and I do not say this that I did not intend to say it before but preserving that Salvo to my own Conscience That I did not maliciously and knowingly do it I think I am bound in Conscience to own it As I do not deny but I was there so truly I do believe I did sign the Instrument And had I known that then which I do now I do not mean my Lord my Afflictions and Sufferings it is not my Sufferings make me acknowledg I would have chosen a red hot Oven to gone into as soon as that Meeting I bless God I do this neither out of fear nor hopes of favour though the penalty that may attend this acknowledgment may be grievous My Lord I do acknowledg the Matter of Fact and do solemnly profess I was led into it for want of years I do not justify either the Act or the Person I was so unhappy then as to be ignorant and I hope shall not now since I have more light justify that which I was ignorant of I am sure my Heart was without malice if I had been only asked in matter of Fact at first I should have said the same I have seen a little The Great God before whom we all stand hath shewn his tender mercy to Persons upon repentance Paul tells us Though a Blasphemer and a Persecuter of Christ it being done ignorantly upon repentance he found mercy My Lord Mercy I have found and I do not doubt but mercy I shall find My Lord I came in upon the Proclamation and now I am here I have in truth given your Lordship a clear and full account what ever that Law shall pronounce because I was ignorant yet I hope there will be room found for that Mercy and Grace that I think was intended by the Proclamation and I hope by the Parliament of England I shall say no more but in pleading of that humbly beg that your Lordships will be instrumental to the King and Parliament on that behalf Counsel We shall give no evidence against the Prisoner he says he did it ignorantly and I hope and do believe he is penitent and as far as the Parliament thinks fit to shew mercy I shall be very glad Owen Rowe I have not much to say I never had any ability therefore my Lord it was never my intent upon my Plea as was said before to deny any thing I have done for I was clearly convinced that I ought to confess it before and I do confess against my self that I did sit there several times and to the best of my remembrance I did sign and seal the Warrant for his Execution and truly my Lord it was never in my heart to contrive a Plot of this nature How I came there I do not know I was very unfit for such a Business and I confess I did it ignorantly not understanding the Law so was carried away hidden in the Business not understanding what I did therefore my Lord I humbly intreat this honourable Court that you will consider of it and look upon me as one that out of ignorance did it and if I had known of my Act I would rather have been torn in pieces with a thousand Horses When I heard of the Declaration and gracious Pardon of his Majesty I confess I went to my Lord Mayors laid hold of it and I thought my life as secure as it is now in my own hands But I do wholly cast my self upon the King's Mercy and as I have heard he is a gracious King full of lenity and mercy so I hope I shall find it I was never against Government it is a blessed thing that we have it I hope all the Nations will be happy under it I shall submit to his Majesty and Government I can say no more I was not brought up a Scholar but was a Tradesman and was meerly ignorant when I went on in that Business I do humbly intreat your Lordships that you would as tenderly as may be present my case to the King whom I rest upon and leave all to your Lordships wisdom and discretion to do what you will concerning me Counsel We accept his Confession and do hope he is penitent before God as well as before the World Robert Lilburn Be pleased to give me leave to speak a few words I shall be ingenuous before your Lordships I shall not wilfully nor obstinately deny the Matter of Fact But my Lord I must and I can with a very good Conscience say That what I did I did it very innocently without any intention of Murder nor was I ever Plotter or Contriver in that Murder I never read in the Law nor understood the Case throughly What-ever I have done I have done ignorantly L. Ch. B. Because you shall not be mistaken in your words God forbid that we should carp at your words the word Innocent hath a double acceptation Innocent in respect of Malice and Innocent in respect of the Fact Lilburn The truth is my Lord I was for the withdrawing of the Court when the King made the motion to have it withdrawn and upon the day my Lord that the King was put to death I was so sensible of it that I went to my Chamber and mourn'd and would if it had been in my power have preserved his life My Lord I was not at all any disturber of the Government I never interrupted the Parliament at all I had no hand in those things neither in 1648 nor at any other time I shall humbly beg the favour of the King that he would be pleased to grant me his Pardon according to his Declaration which I laid hold on and rendred my self according to the Proclamation Counsel We shall say nothing against him Henry Smith My Lord I shall not desire to spend your Lordships time what I have done
Clerk of the Crown Are you agreed of your Verdict Jurors Yes Clerk Who shall say for you Jury Our Foreman Clerk Edmond Harvey hold up thy hand How say you Is the Prisoner Guilty of the Treason whereof he stands Indicted and hath been Arraigned or not Guilty Jury Guilty Clerk Look to him Keeper Clerk What Goods and Chattels c. Jury None to our knowledg The same question being asked touching Alderman Penington Henry Marten Gilbert Millington Alderman Titchborne Col. Roe Col. Lilburn and Henry Smith they were severally found Guilty by the Jury in manner aforesaid All which Prisoners finding the place where they stood to be cold and unwholsome prayed the Court they might have leave to be returned to the Prison till the Court shall be pleased to command their further attendance which was granted The rest of the Prisoners aforenamed together with W. Heveningham brought to the Bar. Clerk You the Prisoners at the Bar those Persons last called of the Jury are to pass c. If you or any of you will challenge all or any of them you must challenge them when they come to the Book before they be sworn Clerk Charles Pilfield Christopher Abdy George Terry Daniel Cole Anthony Hall Richard Abel Edmond Starnel Edmond Pit William Whitcomb Francis Dorrington Thomas Nicoll Robert Sheppard in all twelve admitted and sworn of the Jury Clerk If any Man can inform c. Clerk John Downs hold up thy hand c. and the like were said to to all the other Persons following viz. Vincent Potter Augustine Garland Simon Meyne James Temple Peter Temple Thomas Waite and William Heveningham Look upon the Prisoners at the Bar you that are sworn you shall understand that John Downes the Prisoner at the Bar stands Indicted c. Kings Counsel May it please your Lordships and you Gentlemen of the Jury The Prisoners at the Bar stand indicted of High Treason for compassing and imagining the Death of the late King Charles the First of blessed memory The Evidence by which we shall make out against them this Treason of their Heart in compassing and imagining the King's Death for that is the substance of the Indictment and all that follows is but Evidence will be by proving that they did sit as Judges in that pretended Court of Justice when the King stood a Prisoner at the Bar That they did Sentence him to death every one of them and we shall prove against all but one of them that they did sign that bloody Warrant for murthering of the King and against one of them that stands at the Bar we shall prove to his shame and confusion of face that he did spit in the face of our late Sovereign Lord. John Downes My Lord I have humbly pleaded Not Guilty not with any intention to justifie the Fact or to extenuate it but my Lord in regard there is that charged in the Indictment that my Conscience saith I am not guilty of I durst not plead guilty otherwise my Lord I should not have troubled you with Not Guilty but should have humbly taken the shame and confusion for it it is my intention to put the Court to as little trouble as possible I can therefore I do most humbly intreat of your Lordships and the Court that you will permit me to acknowledg that which will be a sufficient evidence of my Conviction if the Court so please and that you will be pleased to hear me on my behalf if I can humbly offer to you some special thing which is not in the Case of another I could wish it had if it had we had none been here I do humbly acknowledg that to sit upon that occasion in that place is evidence enough to convince what is in the Heart except by some signal Actions that might happen from some that might shew how it was his unhappiness to be put into such a business yet had neither Malice nor Treason in his Heart I do humbly conceive that there is that goodness in you that this Plea this Allegation will be most welcome to you My Lord though there was such a thing such an unparallel'd thing I was thrust into this number but never was in consultatin about the thing God is witness I was not put in till the Act was ready to pass in a second Commitment by one of the same number I denied it yet they said I must make one I must take my share so I came in Never did I know of his Majesty's being brought to London till he came My Lords In this great unhappiness I think it is some mitigation and I judg it a happiness that so wise prudent Persons as this Court consists of that you are my Judges that can look back my Lord and consider what the Times were then and can my Lord account it a happiness that there is a special Wisdom in you that in nice Cases you will be able to make a distinction I do indeed my Lords sadly and seriously confess That I was divers times with those Persons that were called Judges of the late King at several of their Meetings and Sittings it is long ago I cannot say how often I was several times there My Lord I do humbly beg of your Lordships I will trouble you as short as I can that you would be pleased so far to favour me as to give me leave to give you a short account of the business The last day his Majesty came to that which was called then a Court several times he was brought I think thrice and his Charge was given in words high enough he said He could not acknowledg their Jurisdiction that was the Answer my Lord till the last day then I confess I was there He that was called President did again and again tell him the Heads of his Charge told him he had several days given for consideration That this was the last day that the Court as they call'd themselves would give him his final Answer if he stood still to day and move to the jurisdiction of the Court they must take all pro Confesso and would give sentence My Lord to this his Majesty indeed with a great deal of composedness and wisdom told them to this effect I cannot own your Jurisdiction you have power enough indeed I wish you may use it well but because you are so ready to give a sentence which may be sooner given then avoided I think fit to let you know that I have something that I desire to speak to my Parliament for I have something to offer unto them that will be satisfactory to you all and will be for the immediate settlement of the Kingdom in peace My Lord he that was called President answered that no notice could be taken of any thing but onely whether he would answer to his Charge upon that my Lord his Majesty indeed with the greatest earnestness that ever I beheld and yet in no unseemly passion told them they might soon repent of such
how to reconcile that which hath been said before with this that comes after I leave it to you I am totally at a loss When those times were how impetuous the Soldiers how not a man that durst either disown them or speak against them I was threatned with my very life by the threats of one that hath received his reward I was induced to it Certainly my Lord it doth argue that there was not malice predommant Love and Hatred cannot be at the same time in one person Design my Lord what should be my design a poor ordinary mean man Surely my Lord I could not design any great matters or places I knew my self unfit I humbly beg you would give me leave to tell you a little what I got Mr. Sol. Gen. By your favour my Lord the Prisoners at the Bar may say what they will by way of extenuation but we expect that when they enter upon these Discourses they will save your Lordships time and ours by a publick confession and evidence of sorrow We cannot spend so long time to hear these long Discourses we will rather prove it against every man singly Downes I will trouble you no further I do acknowledge all I humbly submit and beg your favour and leave my self eupon my Countrymen the Jury and beg the King's mercy specially Pray spare me one word that you would hear but a Witness or two unto that business Counsel He doth confess he sate and signed we beleive he is sorrowful and against his Conscience he did sign and that he did it out of a fear and from a threat that he was over-awed so was the Hangman too but after he had apprehended this sorrow and declared his Judgment upon the fact he signed the Warrant Downes My Lord I do humbly beg his Majesties mercy I came in upon the Proclamation Vincent Potter My Lord my condition requires ease for my Body he had a fit of the Stone upon him at that same time I pray that the passing the Sentence for execution may be suspended L. Ch. B. The Execution must be suspended for you are within that Qualification Potter I desire only this I am not in a condition to declare what I know and would speak I am mighty ful of pain if I am under that Qualification let me rest under that Counsel Do you confess the Indictment or will you put us to prove it Potter I am one that came in L. Ch. B. It is thus with you whether or no did you sit sign or act in this High Court of Justice against the King Potter I will deny nothing I confess the fact but did not contrive it I am full of pain Lord Chief Baron According to the demerit of the Case in Law you must receive Judgment here but no execution of that Judgment shall be until the King by advice and consent of Lords and Commons shall order the execution of it you are to be tried now Do you confess you signed the Warrant for execution of the King Potter I do confess it my Lord. Counsel We do accept it Potter I beseech you let me go to ease my self Lord Chief Baron Officer set a Chair for him which was done Mr Potter sit down Aug. Garland May it please your Lordship I came here this day intending to have waved my plea and referred my self to this honourable Court to be recommended to the Kings mercy and the Parliament But hearing of some scandal upâ—â— me more then ever I did hear till within these few dayes I shall desire your favour in hearing of my Trial. Mr. Sol. Gen. My Lord he saith well for if he had confessed the Indictment we should not have accepted it Call the Witnesses Garland I do confess this I sate and at the day of Sentence signed the Warrant for Execution Mr. Sol. Gen. And we will prove that he spat in the Kings face Gar. I pray let me hear that Otherwise I would not have put you to any trouble at all Clench sworn Counsel Do you know the prisoner at the Bar Augustine Garland Clench I know him very well Counsel Tell my Lords and the Jury how you saw him behave himself to our Sovereign Lord the King when he was at the Bar. Clench I was that day at Westminstar-hall when the King had sentence they hurried the King down this Mr. Garland came down stairs by them towards the bottome of the stairs he spit in his face at a little distance Couns Do you believe he did it on purpose upon your oath Clench I suppose he did it somewhat suspiciously in that way I did see the King put his hand in his left pocket but I do not know whether the king wiped it off Mr. Sol. Gen. The King wiped it off but he will never wipe it off so long as he lives He hath confessed that he sate that he sentenced and that he signed We say he contrived it at the beginning and at last bid defiance to the King I shall desire he may be remembred in another place Garland I do not know that I was near him at that time I do not remember this passage I am afraid he is an Indigent person If I was guilty of this inhumanity I desire no favour from God Almighty L. Ch. B. I will tell you this doth not at all concern the Jury but this Circumstance possibly may be considered in another place Gar. I refer my self whether you be satisfied that I did such an Inhumane act I submit that to you I dare appeal to all these Gentlemen here looking upon the prisoners or any other whether they ever heard of it nor I was never accused for such a thing till a few dayes since but I wave my plea and refer my self to the Court Now my Lord this is the truth of my Case there is that honorable Gentleman the Speaker of the House of Commons knows I lived in Essex in the beginning of these troubles and I was inforced to forsake my habitation I came from thence to London where I have behaved my self fairly in my way Afterwards in 1648 I was chosen a member into the Parliament in June 1648 I came in a Member of the Parliament My Lord after the division of the House by the insolency of the Soldiery some came to me and desired me that I would go to the House I was then at my Chamber at Lincolns-Inne I forbore a Week and more said I I do not expect to be admitted for they look upon me as another person said they If you will go you shall have no contradiction I went and went in when I was in the first business that came was the business of Tryal of the King and it was put on me to be Chair-man for bringing in this Act for Tryal I did not know how to contradict that power or authority be it what it will but I must obey I fear my ruine will follow it in that respect my Lord when I came there I
was forced to run through out what they had imposed upon me Having seen me I could not shrink from them for fear of my own destruction and thereupon I did go in and did that which I have confessed to your Lordships not out of any malignity to his Majesty I had never any disrespect to him in my life My Lord I did not know which way to be safe in any thing without Doors was misery within Doors was mischief I do appeal to all that had any thing to do with me that I never did any wrong to any that was of the Kings party but helped them as I was able My Lord when the Government was thus tossed and turned and tumbled and I know not what and the secluded Members came into the House I knew not what to do in that case neither Assoon as this Parliament had declared the Treaty which was the eighth of May the ninth of May I appeared before the right honourable the Lord Mayor of London and did claim the benefit of his Majesties gracious Declaration and to become a Loyal Subject as in my heart I alwayes was and my Lord Mayor being there I hope he will testifie that assoon as I heard of the Proclamation I rendered my self according to the Proclamation My Lord this hath been the carriage of me being alwayes under fear and force I refer my self to your Lordships Symon Meyne When I was last here my Lord that I did then speak Not guilty was not as to the matter of fact but my Conscience telling of me that I had no malice or ill intention to his Majesty that was the reason For Matter of fact I shall acknowledge what I have done and lye at his Majesties feet for mercy I am an ignorant weak man in the Law I will confess the fact Couns Did you sign the Warrant for summoning that Court and did you sign the Warrant for Execution of the King Meyne I did sit in Court Counsel Did you sign the Warrant for Execution Meyne My Lord I knew not of the King 's bringing up I never was at any Committee Counsel We do not ask you that Look upon the Warrant and see if your hand and seal be not to it Meyne My Lord it is my hand Counsel Then my Lord we have done Meyne My Lord I acknowledge it is my hand By what importunity it my be known to some here I was very unwilling to it I was told What fear was there when forty were there before and twenty was of the Quorum I was thereupon drawn in to set my hand to it My Lord I never plotted nor contrived the business There was a Gentleman that told me if I did offer to speak in the House pluckt me down by the Coat and he told me I should besequestred as a Delinquent the name of this person I shall omit saith he you will rather lose your estate then take away the King's life I leave it with you James Temple At the last time I pleaded to the Indictment Not guilty but I shall now desire to see my hand and if it be my hand I must confess all circumstances must follow The Warrants being shewn him I do accknowledge it is my hand to both I never did consult concerning the Court. Counsel There are some worse then he but he is bad enough James Temple I refer my self to the King and Parliament and presented a Petition which was received by the Court. Peter Temple When I was here the last time I pleaded Not guilty the reason was because there are divers things in the Indictment that my Conscience tells me I am not guilty of for I had not a malicious or trayterous heart against the King To save your Lordships time I will confess what I am guilty of I was in the Court sate there if I see my hand I shall confess it Counsel Were you there when Sentence was given Temple Yes Sir Counsel Shew him the Warrants which being shewed him I acknowledge they are my hand and refer it to your Lordships Counsel Mr. Wayte you heard the Charge read against you what say you to it Thomas Waite Truly my Lord when I was here last I pleaded not guilty I humbly desired then your Lordships to hear me a word or two You promised me then I should be heard I shall desire to speak for my self Lord Chief Baron God forbid but you should Mr. Sol. G. By your Lordships favour we must speak first if he will confess the fact he my speak what he will Did you sit in the Court Waite Yes Counsel The day of Sentence Waite Yes Counsel Is your hand to the Warrant for Execution Waite I know not pray let me see it It was shewen him My Lord I confess it is like my hand but I do not remember it Counsel If you do not acknowledge it it will be proved Waite Truly my Lord I do beleive it is my hand Counsel Then the Jury will not doubt it Waite But I desire to be heard I am loath to trouble you much I will tell you how I was brought into this business My Lord I was a Member of that House that erected this Court when the Treaty was in the Isle of Wight Immediately after the Army came up I was utterly against that Act in the House When the Army came up to purge the House I was much troubled at it I desired to know the Charge they had against them Two or three dayes after I did move and there were other Gentlemen that did move to know what Charge there was They sent word we should have a Charge in due time we sent and none came but said we should have it in due time I went to those worthy Gent. to see them in prison and seeing nothing would be done I took my leave and made account to see them no more and went down into the Country to Leicester-shire I was sent for up several times I would not come with threats upon pain of Sequestration My Lords there were Petitions going up and down in the Country for bringing the King to that business which was against my conscience I went to Rutlandshire I heard there were some things working there I used my interest and I thank God I stopt it I came then to London when all these things were destroyed I came to London the day before the Sentence was given I went to the House thought nothing some were sent to the Tower and I was sent for to the House and my name was in the Act unknown to me but one sent a Note in my Lord Gray's Name that he would speak with me I went to him and I said my Lord what would you do with me saith he I did not send for you Thereupon Cromwel and Ireton laid hold on me said they We sent for you you are one of the High Court No said I not I my Judgement is against it they carried me to the Court. When the King desired to
speak with his Parliament I rising up one told me I must not be heard for the President was to give Judgement and said there was an order that none should speak in Court Mr. Downes did move and they did adjourn the Court and I was glad I got out Cromwell laughed and smiled and jeared in the Court of Wards I hope your Lordship will be pleased to consider I was no Contriver no Soldier that put the force upon the House that erected the Court None of the Law-makers or did any thing maliciously against the King My Lord I was looked upon with an evil eye for regarding the King's friends in the Country Gray he told me the King would not die I hope he will not said I. The next day on Monday I went to the House they were labouring to get hands for his Execution at the Door I refused and went into the House saith Cromwell those that are gone in shall set their hands I will have their hands now That night I went to the Lord Grays and he said I am afraid they will put him to death I said so also My Lord I have been a great sufferer I was drawn in trapan'd into it since being a friend to the Kings friends I am almost ruined in my estate I beseech your Lordships make the best interpretation I hope you will believe I was no Contriver I humbly lay hold upon the Kings mercy and favour I came in upon the Proclamation I pray that this Honourable Court will prefer my Petition to the King and both Houses of Parliament which the Court then received William Heveningham My Lord in 1648. we were under a force under the tyranny of an Army they were our Masters for a malicious and a traiterous heart I had not I do absolutely deny the signing the Warrant for summoning the Court and also that Warrant for execution of the King at the time of sealing I had that Courage and Boldness that I protested against it Counsel We do not question him for that but for sitting in the high Court of Justice and that upon the day of the sentence do you deny that Heveningham My Lord I cannot say positively Counsel If you deny the matter of fact it must be proved Heveningham I cannot say positively but it may be I might Counsel Either say positively you did or else let the Witnesses be call'd Heveningham Truly my Lord I think I did but my after-actions Lord Chief Baron Mr. Heveningham that shall be considered Counsel My Lord to sit upon the day of Sentence was high Treason in it self and is an evidence of Compassing and Imagining the Kings death Hev I shall lay hold of the Declaration I came in upon the Proclamation I pray your Lordships to interceed for me to the King and both Houses of Parliament I pray the mercy of this Court L. C. B. You of the Jury they have all confessed and therefore you may go together Simon Meyne My Lords I have forgot my Petition it is at my lodging I desire I may send it at night John Downes and Peter Temple prayed the like favour L. Ch. B. Do send them they shall be received The Jury having consulted together a certain time they went to their places Clerk Gentlemen are you agreed of your verdict Jury Yes Clerk Who shall say for you Jury Our Fore-man Clerk John Downes hold up thy hand Look upon the prisoner how say you is he guilty of High Treason whereof he stands indicted and hath been arraigned or not guilty Forem Guilty Clerk Look to him Keeper What Goods and Chattels c. Forem None to our knowledge And the like verdicts at the same time passed in the same manner against Vincent Potter Augustine Garland Symon Meyne James Temple Peter Temple Thomas Waite and William Heveningham Potter I hope I may be freed from Irons I am in pain and a man of bulk L. Ch. B. We can give no order in it we must leave it to the Sheriff Potter I begg it of you my Lord. L. Ch. B. We must leave it to the Sheriff Mr. Heveningham You must withdraw from the Bar. Clerk Officer bring down VValler Fleetwood Hacker Axtel Hulet Penington Marten Millington Titchborne Roe Lilburne Smith and Harvey and set them to the Bar which was done accordingly Clerk Hardress VValler hold up thy hand thou hast been Indicted and found guilty of High Treason what canst thou say why judgment should not pass on thee to dy according to Law VValler My Lords I am now it seems Convicted by Law and so adjudged Your Lordships the other day on my desire told me I might have liberty to speak upon my trial I must now beg the like upon a condemned person L. Ch. B. You are Convicted not Condemned Waller My Lords I was the first that pleaded Guilty I bless God that he gave me a heart to do it I find most peace in the doing of it and since there is nothing left but hopes of Mercy I humbly submit it to your Lordships to hear me in this sad condition that that may make me seem more capable of mercy I have my Lords been so unhappy to have been transplanted out of my Country these thirty years I have been but once these eleven years in England this must needs make me a stranger L. Ch. B. I must not hinder you because it is for mercy that you plead but consider with your self whether it will not be better to give it in a Petition I leave it to you we can do nothing in point of Mercy but Judgment Waller Onely this My Lord whether I am not the more capable of your mercy L. Ch. B. That you may understand it the Act of Indempnity of Parliament hath excepted you yet upon some qualifications we are to proceed according to Law that is to go to Conviction and Judgment The Act sayes that after Judgment there shall be no execution but that it shall be suspended till a further Act of Parliament to be passed for that purpose so that in the mean time we are to proceed no further then Judgment That which concerns Mercy is referred to another place If you please to say any thing to satisfie us or to go by way of Petition it must be left to you but what you say for mercy is nothing to us Waller I humbly thank your Lordships for this clear and noble dealing and withall I would beg that these people that are witnesses of my shame and guilt may know that it was a force and temptation upon me I shall not insist much I have said that I did plead guilty which was most safe to my own Conscience yet I should make it appear that I did appear more to preserve the King from Tryal and Sentence then any other Lord Finch Sir Hardress Waller I have heard of late of your sorrow which I was glad to hear of because you are my kinsman both by your Father and Mothers side and also my
October 11th 1660. The Court being Assembled the Keeper was commanded to set the Prisoners to the Bar. Thomas Harrison Adrian Scroop John Carew John Jones Gregory Clement Thomas Scot were brought to the Bar accordingly After which Silence was Commanded Court You that are Prisoners at the Bar if you or any of you desire Pen Ink and Paper you shall have it and if you or any of you will Challenge any of the Jury you may when they come to be Sworn and that before they are Sworn Sir Thomas Allen being called was desired to look on the Prisoner and lay his Hand on the Book his Oath was then read to him viz. You shall well and truly try and true deliverance make between Our Sovereign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence So help you God Sir Joshua Ash being next called Mr. Scroop excepted against him Sir Jeremy Whichcot Baronet being next to be Sworn Mr. Harrison excepted against him James Halley Esquire being next to be Sworn Mr. Scot excepted against him Court If you will not agree speaking to the Prisoners in your Challenges we must be forced to Try you severally Henry Mildmay Esq being called next Mr. Scroop excepted against him Court We must needs Try them severally therefore set them all aside but Harrison Court Gentlemen you that are excepted must not depart the Court. Sir Joshua Ash being again called was excepted against by Mr. Harrison Sir Jeremy Whichot Baronet James Halley Esq Henry Mildmay Esq Christopher Abdy Esq Being called again were severally excepted against by the Prisoner Court Mr. Harrison You know the Law You must say I Challenge him Mr. Harrison I shall Sir Ralph Hartley being next called and being very sick humbly prayed to be excused by the Court which was granted Arthur Newman was called next Mr Harrison May I not ask of what Quality he is Court No Sir You are to Challenge him or not to Challenge him Mr. Harrison I Challenge him Thomas Blith was next called and also Challenged Here the People seemed to laugh Mr. Harrison My Lord I must make use of my Liberty in this Case Court God forbid Then Grover Robert Clark and Richard Whalley were called and by Mr. Harrison Challenged Court Mr. Harrison you know many to Challenge If you go beyond the Number at your own peril be it Mr. Harrison My Lord pray tell me what it is Court You say very well God forbid but you should know You may Challenge five and thirty Peremptorily If you go beyond you know the Danger Mr. Harrison My Lord I do not this to keep you off from the Business William Vincent and Henry Twiford were then called and Challenged John Lisle was next called Mr. Harrison I do not know him Mr. Lisle Nor I you Mr. Harrison He was Sworn Thomas Franklin Sworn Thomas Winter Challenged Richard Nichol Sworn Moyce being sick prayed Excuse which was granted accordingly Richard Cheyney Challenged Allen Parsons Challenged Henry Edlin called Mr. Harrison I Challenge him Mr. Harrison Let him be Sworn Court No No. Whereupon he was set aside Mr. Harrison If I have any Apprehension or knowledg of them that 's the thing that leads me to it as touching this man he may be Sworn Court When he is Challenged he cannot be recalled Mr. Harrison I am content Samuel Greenhill Sworn Thomas Bide Challenged John Page Challenged Richard Rider Challenged Mr. Harrison Lest I may run into an Hazard in making use of that Liberty which the Law gives me in this Case and having not taken Notice of any Perfons Challenged I mean as to the Number I desire your Officer that takes Notice may acquaint me with the Number Court You shall know it God forbid the contrary Edward Rolph was called next Mr. Harrison Mr. Rolph is his Name Let him be sworn Sworn Francis Beal Challenged John Kirk Challenged Charles Pitfield Challenged John Smith Challenged Bell Sworn Edward Franklin Challenged William Whitcomb Challenged Samuel Harris Sworn John Collins Challenged Thomas Snow Sworn William Blunt Challenged George Rigth Challenged John Nichol of Finchley Sworn Timothy Taylor Challenged Thomas Fruin Challenged Richard Abel Challenged Thomas Morris Sworn Ambrose Scudamore Challenged Ralph Halsel Challenged George Tirry Challenged Court You have Challenged Thirty three already Mr. Harrison I pray the Names may be read to me to see if it be so Court When you come to Thirty five you shall have the Names read John Galliard Challenged Thomas Swallow Challenged Court Now read their Names to him Which were read accordingly In all thirty five Challenged George Pickering was next called and Sworn Then they were called over who were admitted viz. Sir Thomas Allen John Lisle Thomas Francklin Richard Nichol Samuel Greenhil Edward Rolph Bell Samuel Harris Thomas Snow John Nichol Thomas Morris George Pickering and Sworn Proclamation was then made If any man can inform my Lords the King 's Justices the King ' s Serjeant or the King's Attorney before this Inquest be taken let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all those bound by Recognizance to appear let them come forth and give their Evidence or else to forfeit their Recognizance George Masterson James Nutley Robert Coytmore Holland Simson and William Jessop Witnesse were called Court Gentlemen that are not of the Jury Pray clear the Passage The Prisoner is here for Life and Death let him have Liberty to see the Jury Clerk Thomas Harrison Hold up thy Hand Clerk Look upon the Prisoner you that are Sworn You shall understand that the Prisoner at the Bar stands Indicted by the Name of Thomas Harrison late of Westminster in the Country of Middlesex Gentleman for that He together with John Lisle c. Here the Indictment was read upon which Indictment be hath been Arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether he be Guilty of the High Treason in Manner and Form as he stands Indicted or Not guilty If you find that he is guilty you shall enquire what Goods and Chattels he had at the time of committing the said Treason or at any time sithence If you find that he is Not guilty you shall enquire whether he did fly for it if you find that he fled for it you shall enquire of his Goods and Chattels as if you had found him Guilty if you find that he is Not guilty nor that he did fly you shall say so and no more And take heed to your Evidence Mr. Keeling Enforced the Charge at large After whom Sir Henneage Finch His Majesties Solicitour General in these words MAY it please Your Lordships we bring before your Lordships into Judgment this day the Murtherers of a King A man would think the Laws of God and Men had so fully secured
these Sacred Persons that the Sons of Violence should never approach to hurt them For My Lord the very Thoughts of such an Attempt hath ever been presented by all Laws in all Ages and all Nations of the World as a most unpardonable Treason My Lord This is that that brought the two Eunuchs in the Persian-Court to their just Destruction Voluerunt insurgere saies the Text and yet that was enough to Attain them And so My Lord it was by the Roman Laws too as Tacitus observes Qui deliberant desciverunt To Doubt or Hesitate in a Point of Allegiance is direct Treason and Apostasie And upon this Ground it is that the Statute upon which your Lordships are now to proceed hath these express Words If a man doth Compass or Imagine the Death of the King c. Kings who are God's Vicegerents upon Earth have thus far a kind of Resemblance of the Divine Majesty that their Subjects stand accountable to Them for the very Thoughts of their Hearts Not that any Man can know the Heart save God alone but because when the Wicked Heart breaks out into any open Expressions by which it may be judged 't is the Thoughts of the Heart which makes the Treason the Overt-Act is but the Evidence of it My Lords This Care and Caution is not so to be understood as if it were the Single Interest of One Royal Person only The Law doth wisely judge and foresee that upon the Life of the King depends the Laws and Liberties the Estates and Properties the Wealth and Peace the Religion and in Sum the Glory of the Nation My Lords This Judgment of the Law ha's been verified by a sad Experience for when that Blessed King whose Blood we are now making Inquisition for was untimely taken away Religion and Justice both lay buried in the same Grave with Him and there they had slept still if the miraculous Return of Our Gracious Sovereign had not given them a new Resurrection My Lords My Lord Coke in his Comment upon this Statute ha's one Conceit which is somewhat strange I am sure it is very new he seems to think that it would have added to the Perfection of this Law if there had been a time limited for the Party to be accused But certainly the work of this Day has quite consuted that Imagination For here is a Treason that has so long out-faced the Law and the Justice of this Kingdom that if there had been any time of Limitation in the Statute there would have been no Time nor Place left for Punishment And if this Treason had but once grown up to an Impunity it might perhaps have drawn the Guilt of that Innocent Blood and with it the Vengeance due to it upon the whole Nation The Scope of this Iudictment is for the Compassing the Death of the King the rest of the Indictment as the Vsurping Authority over the King's Person the Assembling Sitting Judging and Killing of the King are but so many several Overt-Acts to prove the Intention of the Heart We are not bound under favour to prove every one of these against every particular Person who is Indicted for he that is in at one is guilty in Law of all rest as much as if he had struck the Fatal Stroke it self Nay under favour if we can prove any other Overt-Act besides what is lai'd in the Indictment as the encouraging of the Souldiers to cry out Justice Justice or Preaching to them to go in this Work as Godly and Religious or any other act of all that Catalogue of Villanies for which the Story will be for ever Infamous this may be given in Evidence to prove the Compassing and Imagining the King's Death The conclusion of this Indictment alledges the Fact done to be to the great Displeasure of Almighty God and to the great Disgrace of the People of England A Truth so clear and known that it can neither be heightned by any Aggravation or lessend by any Excuse As for the Fact it self with the Manner of it I shall not need to open it at large for these things were not done in a Corner every true English Heart still keeps within it self a bleeding Register of this Story only my Lords in the way to our Evidence with your Lordships favour this I think may be fit to be said First for the year 1648. for that was the Fatal year of this King and beyond that year we shall not now enquire I say whatsoever in the Year 1648. could have been done by a Parliament to save the Life of a King was done in this Case They opened the way to a Treaty in spight of the Army and while these Sons of Zerviah who were too hard for them were engaged in Service in the Remoter Parts they hastened the Treaty as much as was possible the Debater upon His Majestie 's Concessions were Voted a good ground for Peace notwithstanding the Remonstrances of the Army still flew about their Ears and notwithstanding the Oppositions of a fearful and unbelieving Party of the House-of Commons whom the Army had frighted into an Awful and a Slavish Dependance upon them And when nothing else could be done for Him they were so true to the Obligations they lay under that they resolved to fall with Him and did so For the Army who saw the Treaty proceed so fast made as great hast to break it They seize upon the blessed Person of our Sacred King by Force and bring Him to London and here they force the Parliament shut out some Members imprison others and then called this wretched little Company which was left a Parliament By this and before they had taken upon them the Boldness to dissolve the House of Peers they pass a Law and Erect forsooth an High Court of Justice as they call it a Shambles of Justice appoint Judges Advocates Officers and Ministers sit upon the Life of the King Now they Speak out and Expound their own Declarations and tell us what that was which before they had demanded in obscure Terms when they called for Justice against all Delinquents Now they speak plainly what they mean and call this blessed King this glorious Saint the grand Delinquent Haec Acies victum factura Nocentem est My Lords When they had thus proceeded to appoint their Judges Officers and Court then they call this Person their onely Liege Lord and Soveraign to the Bar and by a formal Pegeantry of Justice proceed to Sit upon Him Arraign Try Sentence Condemn and Kill I had almost said Crucifie Him whom they could not but know to be their King And all this against the clearest Light the sharpest Checks and most through Convictions of Conscience that ever men resisted And yet in this moment of time such was the Majesty and Innocene of our Gracious Soveraign that the People followed Him with Tears in their Eyes and Acclamations in their Mouths God save the King even then when the Souldiers were ready to fire upon
keep up our Army seven years longer we need not care for the King and all his posterity Peters My Lord I must deny abundance of this the King commanded me to ride before him that the Bishop of London might come to him L. Ch. B. But this was three weeks after The next witness against you is one Proctor he saith that day as the other witness did he saw you riding just before the Kings Coach and because he did his duty the Souldiers threw him horse and all into a ditch The next witness is one Hardwick he saith that when the Proclamation was read he saw you in Westminster-Hall and that you said they had done as good as nothing unless it was proclaimed in Cheapside and at the old Exchange this you said to some of the Officers there Peters My Lord I cannot acknowledge it L. Ch. Bar. The next witness against you is Simson he swears he saw you in consultation with Oliver Cromwel and take Sir William Brereton by the hand and come to Bradshaws and this during the time of the Kings Tryal he saith further that one day when the King was at his Tryal you commanded Colonel Stubbers to bid his Souldiers cry out Justice Justice which they cryed and afterwards some of the Souldiers spit upon the King Peters I do believe that he that swore that cannot say I was there L. Ch. Bar. Another witness is one Richardson who saw you the first day in the Court and he said further that you commended Bradshaw and another to wit Cook for their carriage in the tryal of the King That you held up your hands and said this is a most glorious beginning of the work Peters Whereabouts in the Court Richards In the body of the Court called then the High Court of Justice Peters My Lord I do not know that ever I was in the body of the Court. L. Ch. Bar. The next witness is Sir Jeremy Whitchcot he saith he heard you often speak scurrilously of the King and making a Narrative of Cromwels escape you said there was a meeting and there we resolved to set aside the King remember what the other witness said we agreed and here we resolved you said I cannot but reverence the High Court of Justice it doth resemble the judging of the world at the last day by the Saints so it was the Saints that sate there I would have preached before the wretch but the poor wretch would not hear me you often call'd him Tyrant I cannot possibly remember the place things or words that are alledged Then you have another witness Nonnelly he saith he came with a warrant to Oliver Cromwel for some money and that he should say go and see the beheading of the King at Whitehall he saith there he met with you though you said you were not there that day going to the Banquetting house that you spoke to Tench and whispered in his ear and that Tench went and knockt Staples on the Scaffold he meeting Tench said what are you a Hangman saith Tench this day will be a happy day he saith after all this Hugh Peters was upon the Scaffold and that he went out with the Hangman Peters I do profess to your Lordships before Angels and men that I did not stir out of my Chamber that day L. Ch. B. The Council doth not put relyance upon that because of what your witness saith though his evidence is not at all satisfactory The next is Clough and he swears this that he saw you in the Painted Chamber with the Council of Officers and there you desired them to call on God for a blessing upon their business and there you said O Lord what a mercy it is to see this great City fall down before us and what a stir is there to bring this great man to tryal without whose blood he will turn us all into blood if he reign again and this was about a month before the King was murthered L. Ch. Bar. You hear it Mr. Peters Peters Some part I did but it is impossible for me to bear down many witnesses indeed my Lord I say this they are marvellous uncharitable and speak many false things L. Ch. Bar. The next is this the testimony concerning several Sermons of yours and let me tell you the Pulpit ought not to be a place where men with impunity may speak any thing what they list of Sedition and Treason Peters I am of the same judgement my self my Lord. L. Ch. Bar. And there was a solemn day to seek God then you preached at St. Margarets Church this was Mr. Bever in he came and heard you talk much of Barab and our Saviour there you fell upon this speaking of the K. it is a sad thing that it should now be a question whether we should crucifie our Saviour Jesus Christ or that great Barabbas speaking of the King you call'd him Traytor Tyrant Murtherer of his subjects and the like you went on in a way of a story these Citizens for a little Trading they will have Christ crucified and the great Barabbas at Windsor released and said you the Clergy the Assembly they are all for crucifying Christ and releasing Barabbas you made that expression O Jesus what shall we do the King was a Prisoner then at Windsor you made your application to the Parliament that was then present you told them the people did expect Justice from them you must not prefer the great Tyrant and Traytor naming the King to these poor hearts the Redcoats standing by Peters I must profess against most of that Lord Chief Baron There is the same by others It is further proved by the Order that you were appointed to preach Peters I do not deny I preached but not these things Lord Chief Bar. The next thing is this there was one Mr. Chase this was during the tryal he saith you preached at Whitehall upon this Text the 149. Psalm to bind their Kings in chains and their Nobles in fetters of iron you had two or three other verses more then you made a discourse of a Major and a Bishops man the Bishops man being drunk the Major committed him to prison the Bishop being angry asked by what authority the Major said there was an Act of Parliament for it he did not find that either the Bishop or his man was excepted you applyed that to the King said you I will shew you an act of the Bible Whosoever sheds mans blood by man shall his blood be shed this doth not except the King Prince Prince Rupert Prince Maurice or any of that rabble Peters It is false Lord Chief Baron You said further This is the day that I and many other Saints of God have prayed for these many years and Oliver Cromwel laughed at that time The next witness was Tongue he heard you preach and he swears the same with the former that you applauded the souldiers and that you hoped to see such another day following as the day before and
that blessed be God the house is purged and the Lords will be shortly pull'd out and the twenty eighth day of January which was the day after the King was sentenced at Saint James's his Chappel you took for your Text the 149. Psalm the 6 7 8 and 9 verses whereof these words were part To bind their Kings in chains and their Nobles with fetters of iron there in the middle of that Sermon having spoken before of the King you said you did intend to preach before the poor wretch upon the 14 of Isaiah the 18 19 and 20 verses speaking of all the Kings of the nations Thou art cast out of thy grave like an abominable branch c. he saith further you said look upon your lesser Bibles and you will find the title is The Tyrants fall There is another witness that is one Bowdler a few days before the Kings death at S. Sepulchres there you fell upon the old comparison all along you compared the King to Barabbas and that a great many would have Christ crucified and Barabbas released all along comparing the King to Barabbas One more and that was Ryder he heard this text He shall call his name Emanuel you fell to speak of news what shall become of the King and you said the King was Barabbas and a great many would rather have Christ crucified than Barabbas And then Mr. Walker he saith that after the King was first brought to his tryal he heard you say this I have prayed and preached this twenty years and now may I say with old Simeon Lord now lettest thou thy servant depart in peace for mine eyes have seen thy salvation he mentions that you made use of the other comparison of the Major and the Bishops man and inferred from thence that the King and Prince c. were not excepted out of the Scripture where it is said Whosoever sheds mans blood c. you have heard all this witnessed against you what have you to say for your self Peters These are but single witnesses Lord Chief Baron The statute is two witnesses for Treason but not two to one individual thing though there are several witnesses have proved the same thing about Barabbas and our Saviour Bind their Kings with chains c. and of your other actions there is a whole Jury of witnesses two witnesses expresly we agreed upon the Kings death and we resolved to set the King aside Pet. I do not know the witnesses Lord Chief Baron One is Sir Jeremy Whitchcot the other is Doctor Young you shall do well if you have any thing to say to invalid these witnesses to speak to it else the Jury will be sent together to deliver up their verdict Peters My Lord if I had time and opportunity I could take off many of the witnesses but because their testimony is without control I cannot satisfie my self I have no skill in the Law else I might have spoke for my self I do not know what to say more unless I had more time and counsel Mr. Soll. Gen. If the prisoner can say no more here is this in it here are five places where he did consult about the Kings death at Windsor at Ware in Colemanstreet in the Painted Chamber and in Bradshaws house and four witnesses to prove this there are two witnesses to his comparison of the K. and Barabbas and two witnesses to his text of binding their K. inchains c. proof that he hath been in action in New-Eng that he came from it with that intent and then went to Holland that he had been in arms that he called the day of his Majesties tryal a glorious day resembling the judging of the world by Saints he prays for this in the Painted Chamber preaches for it at Whitehall S. James's Chapel Sepulchres what man could more contrive the death of the King than this miserable Priest hath done the honour of the Pulpit is to be vindicated and the death of this man will preach better than his life did it may be a means to convert many a miserable person whom the preaching of this person hath seduced for many come here and say they did it in the fear of the Lord and now you see who taught them and I hope you will make an example of this carnal prophet The Jury went together and after a little consultation settled in their places Cl. Are you agreed in your Verdict Jury Yes Cl. Who shall say for you Jury Our foreman Cl. How say you is the prisoner at the Bar guilty of the Treason whereof he stands indicted or not guilty Foreman Guilty Cl. And so you say all Jury Yes Cl. Look to him Keeper Coun. We desire Mr. Cook may be brought to the Bar and that they may both have their judgement pronounced Cl. John Cook hold up thy hand what hast thou to say why the Court should not pronounce judgement for thee to dye according to Law Cook I have a few words matter of Law First there is no averment in the Indictment that J. Cook mentioned in the Act of Indempnity is the same with the John Cook mentioned in the Indictment and that I am the John Cook mentioned in both L. Ch. Bar. This will not help you in this case you have owned and have pleaded by the name of John Cook Cook The second is this that the overt acts should be particularly expressed in the Indictment L. Ch. Bar. This cannot be alledged in arrest of judgement the Jury have found you guilty of compassing and imagining the death of the King by the statute of 25 Edw. 3. and this cannot help you Cook I say it was professionately L. Ch. B. That hath been overruled already we have delivered our opinions the profession of a Lawyer will not excuse them or any of them from Treason and this hath been overruled and is overruled again Cook I humbly conceive that the remaining part of the House of Commons were to be Judges whether there was a force or not L. Ch. B. This is all past and overruled Cook Then I have no more Cl. Hugh Peters Hold up thy hand what hast thou to say for thy self why Judgement should not pass against thee to die according to law Peters I will submit my self to God and if I have spoken any thing against the Gospel of Christ I am heartily sorry Silence Commanded L. Ch. Bar. You are both persons of that ingenuous and liberal education as I hope I shall not need to tell you what it is to die you have had a great a deal of time to think of it you could not but think of this issue of your doings long ago and therefore I shall spare my labour of telling you what it is to die and of that eternity that you are to enter into only give me leave in a few words in relation to both of your professions to say something to shew the nature and hainousness of this offence the murther of the King if you were not