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act_n death_n king_n treason_n 2,352 5 9.2422 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A52089 Coll. Henry Marten's familiar letters to his lady of delight Also her kind returnes. With his rival R. Pettingalls heroicall epistles. Published by Edm: Gayton, according to the original papers under their own hands: with an answer to that letter, intituled, A copy of H. Marten's letter in justification of the murther of the late King Charles. Marten, Henry, 1602-1680.; Pettingall, Richard.; Ward, Mary, 17th cent.; Gayton, Edmund, 1606-1666. 1662 (1662) Wing M819A; ESTC R29514 54,774 104

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the Late King CHARLES Sir MY person being hitherto by Gods providence preserved from our old enraged and new empowred enemies yet knowing that Divine Vengeance is not so to be escaped if guilt lies in my bosome I thought that of that leisure I now have I might well employ some time in arraigning my selfe at the bar of my own conscience and finde if I could how I came to deserve from men I mean the rigours I undergo in the losse of that reputation and estate I left behind me bendes the manifest inconveniencies and difficulties I carry with me for the ietching out a pursued life in a strange land Upon serious consultation it seems to me the Royal party could contrive no one sacrifice so proper to appease the ghost of their often foiled cause both in point of revenge interest as the persons who had the boldness to make an example of their Ring-leader The report of the crimes charged upon me overtakes me wheresoever I go though the reporters know not how nearly some of their auditors are concerned therein and it runs to this effect extended or extenuated according to the severall affections of the relater 1. That I with divers others about 11 or 12 years past did sit in judgement upon the late King and signed a Warrant for his Execution accordingly he was put to death and I thereby became guilty of Treason and Murther 2. That I with some others did flie for the same Thereupon calling a Court at home and to the best of my understanding having acted Pyramus and Thisbe the Lion and the Moon-shine with lesse partiality perhaps one way then would have appeared the other in the Votes on your side the water I stood clearly acquitted upon the whole matter yet could I not satisfie my self with keeping this Verdict in my pocket which for ought I knew might be serviceable for my Countrey if by your meanes and according to your discretion communicated for though I doubt not but my fellow Commissioners now in question with you upon that account are as well read as my selfe in the same truths I shall declare yet considering they are to fence for their lives with Masters in the Art and their Masters too it will probably behoove them neither to confess nor to exasperate 1. My self far enough from both those cares am content to acknowledge the bare matter of fact that is I did with others about such a time sit in judgement upon such a person and signed a Warrant for his execution whereupon I believe he was after executed 2. Could I have foreseen how dearly publick freedome must be bought and how hardly it can be kept I would have used onely my passive valour against all the late Kings oppressions rather then voted as I did any War at all though a defensive one for you must understand that this act whether its name be Treason and Murther or Reason and Justice its Parent was a Civil War 3. Had I suspected that the Axe which took off the late Kings head should have been made a stirrop for our first false General I should sooner have consented to my owne death then his 4. I am satisfied in my conscience that the said King thought in his conscience he died unjustly wherein if it were not presumption too high for me I should blame the Parliament for having alwayes forborn to declare unto him his subjection to the Law nay for having upon the matter so behaved themselves towards him as might encourage him to think himself unaccountable to man for whatsoever he should do 5. I believe it was irregularly done of the Parliament both in the Earl of Straffords case and in this to order the triall of any particular person their proper business having been antiently Legis lature and aeris dature at that time the whole Parliaments work and the Supreme Magistrates was devolved into one house Whereunto neverthelesse no juridicative power ought to belong though there be here and there presidents of it in former times 6. My opinion is that the way of triall by Commissioners without a Jury was yet more irregular for he ought not to have been put into a worse condition then the meanest Englishman who m●y ●laime to be tried in a knowne Judicatory before swo●n Judges and by a Jury of twelve men all agreeing if it be for his life by two Inquests upon o●th one after another Although in this case it could not have ●ome to the petty Jury because the King refused to plead In all this I take no Murther to my self no● Treason as being sure I had no murtherous nor treasonable intent about me in ●h●t I did Murther it is eithe● so by st●ture when I kill a man suddenly without being provoked by him I shall be supposed to bear malice in my heart towards mankind in generall when I kill a m●n though in an accidental fray if with such a kind of weapon as be●rayes a bloody mind when I kill a legal Offi●er in the execution of his office when I kill him whom I intend but to wound or m●ime or when I kill one thinking to h●ve killed or hurt another in like manner advising assisting abetting and concealing murther is the crime advised assisted abetted or concealed Murther at the Common Law I commit when I kill or cause to be killed o● hurt so as he die thereof within a year any m●n woman or child upon malice prepensed which I shall be understood to bear him though I had no former grudge to his person if by hi● de●th I projected any advantage to my self or to ●ny other who employed me therein or with whom I combined therefore I cannot apprehend how my case should f●ll into any one of these qualifications and yet I confesse did I appear to have killed a man or caused to be killed and could say no mo●e in my own justification then the negatives of what I h●ve now enumerated it would hardly serve my turn my plea therefore is That I judged the late King LETTER II. My last and onely Love though I were sure to live an hundred years longer and thou not half so many hours AS for news it cannot be worth the gaping after any more then the weather the worst will come soone enough the best is like to be welcome whensoever it comes I confess what I hear is not very good but just like weather again it may rain two or three dayes in a weeke and that in summer and it may hold up a fortnight together and th●t in the midst of winter The Skill is not in being weather-wise but weather-proof In one thing the storms I mean are contrary to those the clouds ●our upon us for in th●t case it is best to keep all our clothes about us and houses over our heads in my case to throw off all we can and snugg like a ●naile within our own selves that is our mindes which no body but we can touch I could s●uff