perceive by this Commission that hath been read that we are authorized by the King's Majesty to hear and determine all Treasons Felonies and other Offences within this County But because this Commission is upon a special occasion the Execrable Murther of the blessed King that is now a Saint in Heaven King Charls the first we shall not trouble you with the Heads of a long Charge The ground of this Commission was and is from the Act of Oblivion and Indempnity You shall find in that Act there is an Exception of several persons who for their Execrable Treasons in sentencing to Death and signing the Warrant for the taking away the Life of our said Sovereign are left to be proceeded against as Traytors according to the Laws of England and are out of that Act wholly excepted and fore-prized Gentlemen You see these Persons are to be proceeded with according to the Laws of the Land and I shall speak nothing to you but what are the words of the Laws By the Statute of the twenty fifth of Edward the third a Statute or Declaration of Treason it is made High-Treason to compass and imagine the Death of the King It was the ancient Laws of the Nation In no Case else Imagination or Compassing without an Actual Effect of it was punishable by our Law Nihil officit Conatus nisi sequatur Effectus that was the old Rule of Law But in the case of the King His Life was so pretious that the Intent was Treason by the Common Law and Declared Treason by this Statute The reason of it is this In the case of the Death of the King the Head of the Commonwealth that 's cut off and what a Trunk an inanimate Lump the Body is when the Head is gone you all know For the Life of a single man there 's the Life of the Offendor there 's some Recompence Life for Life But for the Death of the King what Recompence can be made This Compassing and Imagining the cutting off the Head of the King is known by some Overt-Act Treason it is in the wicked Imagination though not Treason Apparent but when this Poison swells out of the Heart and breaks forth into Action in that case it 's High-Treason Then what is an Imagination or Compassing of the King's Death Truly it is any thing which shews what the Imagination is Words in many cases are Evidences of this Imagination they are Evidences of the Heart Secondly As Words so if a man if two men do conspire to Levy War against the King and by the way what I say of the King is as well of the King dead as living for if a Treason be committed in the Life of one King it is a Treason and punishable in the Time of the Successor Then I say in case not only of Words but if they conspire to Levy War against the King there 's another Branch of this Statute the Levying of War is Treason But if men shall go and consult together and this is to kill the King to put Him to Death this Consultation is clearly an Overt-Act to prove this Imagination or Compassing of the King's Death But what will you say then if men do not only go about to conspire and consult but take upon them to Judge Condemn nay put to Death the King Certainly this is so much beyond the Imagination and Compassing as 't is not only laying the Cockatrice's Egg but brooding upon it till it hath brought forth a Serpent I must deliver to you for plain and true Law That no Authority no single person no community of persons not the people Collectively or Representatively have any coercive power over the King of England And I do not speak mine own Sence but the words of the Laws unto you It was the Treason of the Spencers in King Edward the Second's Time in Calvin's case second Report The Spencers had an opinion that all Homage and Allegiance was due to the King by reason of the Crown as they called it And thereupon say the Books and Records they drew out this execrable Inference among others That if the King did not demean himself according to Right because he could not be reformed by Law he might per aspertee that is by sharp Imprisonment but this was adjudged horrid Treason by two Acts of Parliament Gentlemen Let me tell you what our Law-books say for there 's the Ground out of which and the Statutes together we must draw all our Conclusions for matter of Government How do they Stile the King They call Him The Lieutenant of God and many other expressions in the Book of Primo Henrici Septimi Says that Book there The King is immediate from God and hath no Superior The Statutes say That the Crown of England is immediately subject to God and to no other Power The King says our Books He is not only Caput Populi the Head of the People but Caput Reipublicae the Head of the Commonwealth The three Estates And truly thus our Statutes speak very fully Common Experience tells you when we speak of the King and so the Statutes of Edward the Third we call the King Our Sovereign Lord the King Sovereign that is Supreme And when the Lords and Commons in Parliament apply themselves to the King they use this Expression Your Lords and Commons your faithful Subjects humbly beseech I do not speak any Words of my own but the Words of the Laws Look upon the Statute primo Jacobi there 's a Recognition that the Crown of England was lawfully descended on the King and His Progeny The Statute it self was read to which it is desired the Reader will be referred These are the Words of the Act. And this is not the first precedent for you shall find it primo Eli. cap. 3. They do acknowledge the Imperial Crown lawfully descended on the Queen the same Recognition with this Before that because we shall shew you we go upon Grounds of Law in what we say Stat. 24. Hen. 8. cap. 12. Whereas by sundry old authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same c. 25 Hen. 8. c. 21. there it is the people speaking of themselves That they do recognize no Superiour under God but only the King's Grace Gentlemen You see if the King be immediate under God he derives his Authority from no body else if the King have an Imperial Power if the King be Head of the Commonwealth Head of the body Politick if the body Politick own him obedience truly I think it is an undenied consequence He must needs be Superiour over them Gentlemen This is no new thing to talk of an Emperour or an Imperial Crown Do not mistake me all this while It is one thing to have an Imperial Crown and another
themselves an Authority to make Laws which was never heard before Authority to make Laws What Laws a Law for an High Court of Justice a Law for lives to sentence mens lives And whose Life the Life of their Sovereign upon such a King who as to them had not only redressed long before at the beginning of the Parliament all Grievances that were and were imaginable taken away the Star-Chnmber High-Commission-Court and about Shipping such a King and after such Concessions that He had made in the Isle of Wight when He had granted so much that was more than the People would have desired When these few Commons not onely without but excluding the rest of the Commons not onely without but excluding the rest but rejecting the Lords too that then sat when these few Commons shall take upon them this Authority and by colour of this their King Soveraign Liege Lord shall be sentenced put to Death and that put to Death even as their King and sentenced as their King put to Death as their King and this before His own Door even before that Place where He used in Royal Majesty to hear Embassadors to have His Honourable Entertainments that this King shall be thus put to Death at Noon-day it is such an Aggravation of Villany that truly I cannot tell what to say No story that ever was I do not think any Romance any Fabulous Tragedy can produce the like Gentlemen If any Person shall now come and shroud himself under this pretended Authority or such a pretended Authority you must know that this is so far from an Excuse that it is an Height of Aggravation The Court of Common-Pleas is the Common Shop for Justice in that Court an appeal is brought for Murther which ought to have been in the King's Bench the Court gives Judgment the Party is condemned and executed in this Case it is Murther in them that executed because they had no lawful Authority I speak this to you to shew you that no man can shroud himself by colour of any such false or pretended Authority I have but one thing more to add to you upon this head and that is which I should have said at first If two or more do compass or Imagine the King's Death if some of them go on so far as to Consullation if others of them go further they sentence and execute put to Death in this Case they are all Guilty the first Consultation was Treason I have no more to add but one Particular a few Words As you will have Bills presented against those for Compassing Imagining Adjudging the King so possibly you may have Bils presented against some of those for Levying War against the King Levying of War which is another Branch of the State of 25th of Edward the Third It was but Declarative of the Common Law it was no new Law By that Law it was treason to Levy War against the King But to levy War against the Kings Authority you must know is Treason too If men will take up Armes upon any Publick pretence if it be to expulse Aliens if but to pull out Privy Councellours if it be but against any Particular Laws to reform Religion to pull down Enclosures in all these cases If Persons have assembled themselves in a Warlike manner to do any of these Acts this is Treason and within that Branch of Levying War against the King This was adjudged in the late Kings Time in Berstead's case Queen Elizabeth's Henry the Eighth's former Times King Jame's Time much more 〈◊〉 men will go not onely to Levy War against the King but against the Laws all the Laws subvert all the Laws to set up new Laws Models of their own If any of these cases come to be presented to you you know what the Laws are To conclude you are now to enquire of Blood of Royal Blood of Sacred Blood Blood like that of the Saints under the Altar crying Quousque Domine How long Lord c. This Blood crys for Vengeance and it will not be appeased without a Bloody Sacrifice Remember but this and I have done I shall not press you upon your Oaths you are Persons of Honour you all know the Obligation of an Oath This I will say that he that conceals or favours the guilt of Blood takes it upon himself wilfully knowingly takes it upon himself And we know that when the Jews said Let his blood be on us and our seed it continued to them and their Posterity to this day God save the King Amen Amen His Lordships Speech being ended Thomas Lee of the Middle-Temple London Gentleman was called to give in the Names of his Witnesses The names of the Witnesses then and there sworn follow William Clark Esq James Nutley Esq Mr. George Masterson Clerk George Farringdon Hercules Huncks Dr. William King Martin Foster John Baker Stephen Kirk Richard Nunnelly John Powel John Throckmorton John Blackwel Ralph Hardwick Thomas Walkley Gentleman Holland Simpson Benjamin Francis Colonel Matthew Thomlinson Griffith Bodurdo Esq Samuel Boardman Robert Carr Esq Richard Young Sir Purbock Temple John Rushworth Esq John Gerrard John Hearn Mr. Coitmore Mr. Cunningham Mr. Clench Willinm Jessop Esq Edward Austin Darnel Esq Mr. Brown Thomas Tongue John Bowler Mr. Sharp Mr. Lee. Robert Ewer John King Edward Folley Mr. Gouge Anthony Mildmay Esq The Grand Jury returned the Indictment Billa Vera. Court adjourned to the Old-Bailey 10th of October The 10. of October 1660. SIR John Robinson Knight Lieutenant of his Majesties Tower of London according to his Warrant received delivered to Mr. Sheriff the Prisoners hereafter named who were in several Coaches with a strong Guard of Horse and Foot conveyed to Newgate and about nine of the Clock in the Morning delivered to the Keepers of that Prison and thence brought to the Sessions-house in the Old-Baily London where the Commissioners of Oyer and Terminer were in Court assembled and where their Indictment was publickly read by Edward Shelton Esq Clerk of the Crown Sessions-House in the Old-Baily 10. October 1660. THE Court being Assembled and Silence commanded the Commission of Oyer and Terminer was again read After which Sir Hardress Waller Collonel Thomas Harrison and Mr. William Heveningham were brought to the Bar and commanded to hold up their Hands which Sir Hardress Waller and Mr. Heveningham did but Harrison being commanded to hold up his Hand answered I am here and said My Lord if you please I will speak a Word Court Hold up your hand and you shall be heard in duetime Mr. Harrison the course is That you must hold up your hand first And then he held up his hand The Indictment was read purporting That He together with others not having the fear of God before his Eyes and being instigated by the Devil did Maliciously Treasonably and Feloniously contrary to his due Allegiance and bounden Duty sit upon and condemn our late Soveraign Lord King Charles the First of ever Blessed Memory and also did upon
he is very much to be reproved Shall he pretend that one House nay the eighth part of a House for so it was can Condemn a King when both Houses cannot condemn one man in spight of the King I desire my Lords it may pass with a due Reproach and a Sentence upon it Lord Chief Baron It is true your Questions are but one Point You pretend the Parliament's Authority and when you come to speak of it you say the Commons of England They were but one House of Parliament The Parliament what is that It is the King the Lords the Commons I would fain know of you where ever you read by the light you say you have in your Conscience that the Commons of England were a Parliament of England that the Commons in Parliament used a Legislative power alone Do you call that a Parliament that sate when the House was Purged as they call it and was so much under the Awe of the Army who were then but forty or forty five at most Then you say It was done by Authority of them You must know where there is such an Authority which indeed is no Authority he that confirms such an Authority he Commits a double offence therefore consider what your Plea is If your Plea were doubtfull we should and ought and would our selves be of Councel for you That which you speak concerning Conviction of your own Conscience remember that it is said in Scripture that they shall think they did God good service when they slay you as it is in St. John He hath a great deal of Charity that thinks that what you did was out of a Conscientious Principle It was against the Light of noon-day and common practice You make your self a Sollicitor in the Business Let us blacken him as much as we can I have not touched at all upon the Evidence I will not urge it now I say you justifie it upon Convictions of Conscience and pretend it upon Authority A thing never known or seen under the Sun that the Commons nay a few Commons alone should take upon them and call themselves the Parliament of England We have been cheated enough by Names and Words there is no colour for what you say I do think and hope my Brethren will speak to this Case that none of us do own that Convention whatsoever it be to be the Parliament of England There was another aggravation at this Time that this Pretended Authority usurped that Power the Lords were then sitting You had not taken this usurped Power to dissolve these Lords No you did this Act in dispight of the Lords you had sent up an Ordinance to the Lords and they rejected it and thereupon these Members took it upon themselves Amongst those there were some Negatives and those Members were under the Awe and Power of your Forces at that time What you Plead the Court are of Opinion tends to the subversion of the Laws for you to usurp Power over the People without their Consents to call this the People We never knew the like before But the Parliament of England was the King Lords and Commons For you to speak of this Power and Justifie this Power is an Aggravation adding one Sin and Treason to another We shall tell you that neither both Houses of Parliament if they had been there not any single Person Community not the People either Collectively or Representatively had any colour to have any Coercive Power over their King And this Plea which you have spoken of it ought to be over-ruled and not to stand good Mr. Annesley I do the more willingly speak to this Business because I was one of those that should have made up that Parliament that this Prisoner pretends to I was one of that Corrupt Majority as they called it that were put out of the House He cannot forget that at that time there were Guards upon both Houses of Parliament to attend them that were of their own appointment and that those Guards were forcibly removed by the Prisoner at the Bar and his Fellows and other Guards put there who instead of being a Defence unto them when those Commons stood at the Door were by them threatned Yet the Lords and Commons of England in Parliament Assembled a full House of Commons did resolve notwithstanding what was aforesaid that the Treaty in the Isle of Wight was a Ground for Peace Afterwards the Major part of the House of Commons having resolved on this sent it up to the Lords that very day when they were Adjourned there were Forces drawn down to the House of Commons Door and none suffered to come into the House but those that they pleased All those that had a mind for Peace that minded their Duty and Trust and Allegiance to their King were seized on by this Gentleman and his Fellows When this was done what did he and those Fellows do They sate and put a check upon all that should come in None must come in but those that would renounce their Allegiance and Duty to their King and the People for whom they served and then declared against that Vote which had been passed upon Debate of twelve or fourteen hours and then to call this an House of Commons nay the Supreme Authority of the Nation he knows is against the Laws of the Land For the House of Commons alone cannot so much as give an Oath It hath not power of Judicature of Life and Death this he knows well to be according to the Laws of England He knows that no Authority less then an Act of Parliament can make a Law and he knows an Act of Parliament must be passed by the King Lords and Commons I wonder much to hear a Justification in this kind by one that knows the Laws of England so well There will none of the Court allow that that was a Parliament The Majority of that House did all disavow it These things have been already discoursed of I shall onely say that he knowing the Laws so well I hope he shall suffer for trangression thereof Mr. Hollis You do very well know that this that you did this horrid detestable Act which you Committed could never be perfected by you till you had broken the Parliament That House of Commons which you say gave you Authority you know what your self made of it when you pulled out the Speaker Therefore do not make the Parliament to be the Author of your black Crimes It was innocent of it You know your self what Esteem you had of it when you broke and tore it in sunder when you scattered and made them hide themselves to preserve them from your Fury and Violence Do not make the Parliament to be the Authour of your Crimes The Parliament are the three Estates It must not be admitted that one House part of the Parliament should be called the Supreme Authority You know what that Rump that you left did what Laws they made Did you go home to advise
had not the blood of English-men that had been shed Councel Me thinks he should be sent to Bedlam till he comes to the Gallows to render an Account of this This must not be suffered It is in a manner a new Impeachment of this King to justifie their Treasons against His late Majesty Mr. Solicitour General My Lords I pray that the Jury may go together upon the Evidence Sir Edw. Turner My Lords This man hath the Plague all over him it is Pity any should stand near him for he will infect them Let us say to him as they use to write over an House infected The Lord have Mercy upon him and so let the Officer take him away Lord Chief Baron Mr. Harrison We are ready to hear you again but to hear such Stuff it cannot be suffered You have spoken that which is as high a Degree of Blasphemy next to that against God as I have heard You have made very ill use of these Favours that have been allowed you to speak your own Conscience cannot but tell you the Contradiction of your Actions against this that you have heard as the Opinion of the Court. To extenuate your Crimes you may go on but you must not go as before Mr. Harrison I must not speak so as to be pleasing to men but if I must not have liberty as an English-man Court Pray do not reflect thus You have had liberty and more then any Prisoner in your Condition can expect and I wish you had made a good use of it Keep to the Business say what you will Mr. Harrison My Lords thus There was a Discourse by one of the Witnesses that I was at the Committee preparing the Charge and that I should say Let us blacken Him The thing is utterly untrue I abhorred the doing of any thing touching the Blackning of the King There was a little Discourse between the King and my self The King had told me that He had heard that I should come privately to the Isle of Wight to offer some injury to Him But I told Him I abhorred the thoughts of it And whereas it is said that my Carriage was hard to Him when I brought Him to London it was not I that brought Him to London I was commanded by the General to fetch Him from Hurst-Castle I do not remember any hard Carriage towards Him Court Mr. Harrison You have said That you deny that of Blackning which the Witness hath sworn and somewhat else touching the King in His Way to London that the Witness hath sworn to also The Jury must consider of it both of their Oaths and your Contradictions If you have nothing more to say which tends to your Justification We must direct the Jury The end of your Speech is nothing but to infect the People Mr. Harrison You are uncharitable in that Justice Foster My Lords This ought not to come from the Bar to the Bench if you sally out thus about your Conscience If your Conscience should be a darkened Conscience that must not be the Rule of other mens Actions What you speak of that Nature is nothing to the Business If you have any thing to say by way of Excuse for your self for matter of Fact you may speak but if you will go on as before it must not be suffered Mr. Harrison The things that have been done have been done upon the Stage in the sight of the Sun Court All this is a Continuance of the Justification and Confession of the Fact We need no other Evidence Councel He hath confessed his Fact my Lords The matter it self is Treason upon Treason Therefore we pray Direction to the Jury Lord Chief Baron Mr. Harrison I must give Direction to the Jury if you will not go further touching the Fact Mr. Harrison My Lords I say what I did was by the Supreme Authority I have said it before and appeal to your own Consciences that this Court cannot call me to question Lord Chief Baron Mr. Harrison you have appealed to our Consciences We shall do that which by the Blessing of God shall be just for which we shall answer before the Tribunal of God Pray take heed of an Obdurate Hard Heart and a Seared Conscience Mr. Harrison My Lords I have been kept six Moneths a Close Prisoner and could not prepare my self for this Trial by Councel I have got here some Acts of Parliament of that House of Commons which your Lordships will not own and the Proceedings of that House whose Authority I did own Lord Chief Baron This you have said already If you shew never so many of that Nature they will not help you you have heard the Opinion of the Court touching that Authority They all unanimously concur in it Gentlemen of the Jury You see that this Prisoner at the Bar is Indicted for Compassing Imagining and Contriving the Death of our late Sovereign Lord King Charles the First of Blessed Memory In this Indictment there are several things given but as Evidences of it they are but the Overt-Acts of it The one is first that they did meet and consult together about the putting the King to Death and that alone if nothing else had been proved in the Case was enough for you to find the Indictment For the Imagination alone is Treason by the Law But beause the Compassing and Imagining the Death of the King is secret in the Heart and no man knowes it but God Almighty I say That the Imagination is Treason yet it is not such as the Law can lay hold of unless it appear by some Overt-Act Then the first Overt-Act is their Meeting Consulting and Proposing to put the King to Death The second is more open namely their Sitting together and Assuming an Authority to put the King to Death The third is Sentencing the King And I must tell you that any one of these Acts prove the Indictment If you find him guilty but of any one of them either Consulting Proposing Sitting or Sentencing though there is full Proof for all yet notwithstanding you ought to find the Indictment You have heard what the Witnesses have said and the Prisoner's own Confession Witnesses have sworn their sitting together and that he was one One swears he sate four times another twice some several times There are several Witnesses for this as Mr. Masterson Mr. Clark Mr. Kirk and Mr. Nutley And then you have another thing too which truly the Prisoner did not speak of Witness was given against him That he was the Person that Conducted the King this was before that which he would have to be done by a Legislative Power and that is another Overt-Act If a man will go about to Imprison the King the Law knows what is the sad Effect of such Imprisonment That hath often been adjudged to be an Evidence of Imagining and Compassing the Death of the King That man the Prisoner at the Bar it hath been proved to you did Imprison the King and it appears by his own
word is or otherwise They broke the oath of Supremacy which was That the King was the Supreme Governour of these Nations They swore that they would maintain and keep all Priviledges Immunities Preheminencies annexed to the Imperial Crown of this Realm there is difference between some Crowns and Imperial Crowns An Imperial Crown it was that which was not to be touched in the Person We do not speak any thing of the absoiute Power of the King for you see he cannot Judge concerning the Death of his Father but by Lawes When you swore this Allegiance all those Members of break all this at once This would be so far from having any colour of Authority that he that justifies it justifies it against the light of Conscience and Laws You say you did it by Commandment from them He that doth a Command by such an Authority it is his guilt Our Law-Books say That if a Court at Common-Law exceed their Jurisdiction in that Case he that obeys that Command is punishable In the Court of Common-Pleas if there be an Appeal there for Murther it is only proper to the Upper Bench and therefore if the party be condemned sentenced and executed thereupon the Executioner in that Case is guilty of Murther for obeying that Authority which was indeed no Authority And therefore whereas you would go about to justifie the Fact because you did it by Command of that Authority that is an Aggravation That when men shall assume an Authority which is a Devil at the noon-day appearing without Vizors I say shall assume an Authority never heard of before If men will countenance their Acts by obeying of them it is an Aggravation We have already Declared this in the Case of the Prisoner yesterday We are all satisfied in the Law in that Case It is so clear a Point in Law that my Brethren here and we did over-rule it yesterday in the like Case and so We must now and I hope that all do concur in this Opinion that hath been delivered Lord Finch I hope all do concur in this opinion delivered by my Lord Chief Baron You shelter your self under a Command of the House of Commons But let me tell you and all the Word That if the House of Commons let it have been never so compleat had given a Command it had been a thing no ways justifiable the Justification is an Aggravation Scr. My Lord I do see that every thing I speak though it be for clearing of my self from your ill opinion I see it is taken in an ill sence I humhly beseech pardon for the Expression if I erre I will crave your Lordships pardon But my Lord I say this If I have been misled I am not a single person that have been misled My Lord I could say but I think it doth not become me to say so That I see a great many faces at this time that were misled as well as my self But that I will not insist upon I say this That I hope an Error in Judgment shall not be accounted Malice or an Error of the Will Truly my Lord I never went to the work with a malicious heart I humbly desire your Lordships to take notice of it That I never bore any malice at all against his late Majesty L. C. Bar. Mr. Scroop have you done Scr. My Lord I do beseech your Lordships to take notice That an Error in Judgement is not an Error in the Will L. C. Bar. Mr. Scroop I am very glad to hear you say so But let me tell you what the Law saith The Law in this Case treates the malice If a man do an act of this nature that may be some kind of excuse to God but towards man you are to look to the Fact the Law implies the malice If there be any thing you will say in the Extenuation of your offence we will be very glad to hear that may tend to your help Scr. My Lord There is one Evidence comes in against me that I must confess that I am very sorry to see and my Lord there was a saying it is by my Lord Mayor Elect Truly he is a worthy Gentleman but I desire the Lord may forgive that which he hath spoken Truly my Lord I did never intend any thing in this neither can I directly remember that I spake those words directly as my Lord Mayor Elect doth spake I do believe my Lord Mayor cannot very well remember them himself for he saith So far as he can remember I must confess that when I was there and had appeared according to the Proclamation that such discourse somewhat like it was raised not of my procuring I did not procure the Discourse I never intended the Justification of the Fact but it was my ill success that I should meet with that worthy Gentleman to have so much discourse with him L. C. Bar. Mr. Scroop my Lord Mayor Elect saith no further then this So far as he remembers and the words that you should say were these That some are of one opinion and some are of another Scr. Vpon the death of the King My Lord I mnst confesse to you that somewhat I said to him but I cannot own that I said those words My Lords He is a worthy person I do not desire to spake any thing to degenerate in the least kind from him it is but his yea and my no there was nobody there L. C. Bar. Have you any thing more to say for your self Scr. My Lord if your Lordship do over-rule it so that I may not have Councel I have little more to say L. C. Bar. You have heard the sence of the Court in that particular you cannot have Councel allowed you as to the matter you have pleaded Scr. I have done but only this My Lords I know not whether it be seasonable to mention it I came in upon the Proclamation and My Lord by means of these unhappy words that have been reported of me in the House of Commons whereas before I was no excepted person I came to be excepted and upon the very last day of passing that Act never was excepted before the very last day I beseech you take notice of this L. C. Bar. Mr. Scroop That is a thing that is not before us but there will be a proper time to consider of it in another place that is nothing to the Tryal have you any more to say Sir Scr. No My Lord Will your Lordship please to let me speak a word to the Jury L. Ch. Baron If you speak to the Court the Jury will hear it Scr. Truly my Lord This I do perceive that I am under a very great prejudice as to this fact It hath been the case of many Gentlemen besides my self I desire that these Gentlemen would take my case into consideration as they would their own and I desire that the Lord would give them direction that they may do that which is according to Justice and Mercy that is all I
out of a few persons that makes a Parliament We see as before so still it is your course to blow the Trumpet of Sedition Did you ever hear or can you produce instances of an Act of Parliament made by the House of Commons alone though this was not the House of Commons as you heard before Ca. Neither was there ever such a War or such a precedent Court Nor we hope never will be Pray remember you were returned to serve in the House what was that Writ that summon'd your appearance You had no manner of ground in the world to go that way that you did Coun. We pray that the Prisoner at the Bar give us pationce a little to repeat that to him which your Lordships have been so often troubled with declaring this is not the first or second time that in this publique Assembly it hath been said That neither the Lords nor the Commons jointly nor severally have any power at all to proceed upon the Person of the King That it is not in their power to condemn any man in England without the good pleasure of the King much less the King himself and that this is the great Liberty of the people of England that it should be so and it was the first breach and invasion of our Liberty that that first Parliament made and which you justifie in the name of the Lord. In this case to throw us upon Debates of the War and to talk here of the causes and reasons of that quarrel which ended in such a Tragedie For this person to come here with this confidence and to justifie it but that he knows he cannot be in a worse condition one would wonder it should fall from any man that hath any regard of himself it is all one to them that perish whether they fall by one sin or multitudes He makes no scruple to multiply Treasons I do beseech your Lordship he may not offer as he hath begun but that the Jury may proceed Court All the Court are of the same opinion not to hear any thing like the former Discourses Ca. I desire I may be heard I have not compassed the Death of the late King contrived the death of the King what I did I did by Authority Court This is not to be heard You have heard what hath bin said to you There could be no such Authority neither was nor could be but you would by a wyre-lace bring it in by this You have confessed the Fact which must be left to the Jury L. Ansley I think you were present in the House of Commons when that Vote passed for agreement with the King in the Treaty at the Isle of Wight You know the King having condescended to most of the desires of This Parliament there was a debate in the House and a conclusion that they were grounds for peace You know the Lords and Commons did resolve to agree with their King when that was done that would not satisfie you and other Members of the House Then you go and contrive new ways you contrive a new fashioned Parliament the driving away many Members by power which you could not do by the Law of the Land Nay the Parliament had Declared against that which you pretend is by Authority is no Authority for a few of you set up an Arbitrary Parliament of a few of your selves when you had driven away the rest This kind of Parliament gives you the Authority you pretend to You were saying that the Parliament was called at first the Lords and Commons by the King according to the ancient Constitutions of the Laws Did such a Parliament give you such Authority as you pretend to and Act of Parliament as you call it which was but an Order of some of the Commons and but a few of them you can have no manner of Justification and therefore your Plea must be over-ruled as yesterday it was in the like Case You are indicted upon a cleer Act of Parliament of 25. Edw. 3. and you defend your self upon pretence of an Act of Parliament which hath been over-ruled as no Act. Ca. I am a stranger to many of these things which you have offered and this is strange You give evidence sitting as a Judge L. Ch. Bar. You are mistaken it is not Evidence he shews you what Authority that was an Authority of 26 Members How is this Evidence Mr. Carew if you have any thing more of Fact go on If you have nothing but according to this kind of discourse I am commanded to direct the Jury Ca. I am very willing to leave it with the Lord if you will stop me that I cannot open the true nature of those things that did give me ground of satisfaction in my Conscience that I did it from the Lord. Mr. Sol. I do pray for the honour of God and our King That he may not be suffered to go on in this manner You have been suffered to speak you have said but little only Sedition You pretend a Conscience and the fear of the Lord when all the world knows you did it against the Law of the Lord your own Conscience the light of Nature and the Laws of the Land against the Oaths you have taken of Allegiance and Supremacy Ca. Gentlemen of the Jury I say I shall leave it with you This Authority I speak of is right which was the supreme Power it is well known what they were Coun. It is so indeed many have known what they were L. Ch. Bar. Mr. Carew You have been heard what and beyond what was fit to say in your own defence that which you have said the heads of it you see the whole Court hath over-ruled To suffer you to expatiate against God and the King by Blasphemy is not to be endured it is suffering poison to go about to infect people but they know now too well the old saying In Nomine Domini In the Name of the Lord all mischiefs have been done that hath been an old Rule I must now give directions to the Jury L. Ch. Bar. Gentlemen of the Jury Ca. I have desired to speak the words of truth and soberness but have been hindered L. Ch. Bar. Gentlemen of the Jury You see the Prisoner here at the Bar hath been Indicted of Treason and this was for Compassing and Imagining the Death of our Soveraign Lord K. Charles the First of blessed Memory The Indictment sets forth several overt-Acts to prove this Imagination for otherwise it is secret in the heart the Fact it self the Treason it self is the Imagination of the heart The overt-Acts that are laid down in the Indictment to prove this That they did consult and meet together how to put the King to death That they did sit upon him And thirdly That they did sentence him to death and afterwards he died You heard what is proved against the Gentleman the Prisoner at the Bar by several Witnesses His own Confession That he signed the Warrant for Summoning and
nothing but indeed to make a new Government which is the highest Treason next to the Murthering of the King in the world To subvert the Laws and to make a few of the Commons nay if they had been the whole to make them to have the Legislative power Mr. Scot if you have any thing in extenuation of the Fact we shall hear you further we cannot L. Finch If you speak to this purpose again for my part I will profess my self I dare not hear further of it It is so poysonous blasphemous a doctrine contrary to the Laws if you go upon this point I shall and I hope my Lords will be of that opinion too desire the Jury may be directed Scot. I thought my Lord you would rather be my Councel it is not my single opinion I am not alone in this Case therefore I think I may justifie my self in it it was the Judgement of many of the Secluded Members to own us to be a Parliament Lord Annesley What you said last doth occasion my rising you seem to deliver my opinion who you know could never agree to what you have alledged truly I have been heartily sorry to hear the defence you have made to day because you know I have had Letters from you of another nature I was very confident to have heard you an humble Penitent this day instead of justifying your self As to that which you say of the Secluded Members owning you to be a Parliament they were so far from it that you know for how many years they lay under sufferings and obscurity because they could not acknowledge that an Authority which was not so You cannot forget the Declaration of both Houses that was published upon a Jealousie that the people had they would change the Government of King Lords and Commons It was far from their thoughts it was called in that Declaration A black scandal cast upon them This Declaration you know was by Order of both Houses affixed in all Churches of England that people might take notice what they held to be the Fundamental Government of this Kingdom King Lords and Commons After this for you to set up another Government and under them to act such things that one would think should hardly enter into the heart of any man You know very well all along they declared themselves faithful Subjects to the King and so would have lived and dyed and you might have had your share of the happiness of that peace if you could have had an Inclination to submit to that which both Houses had resolved when you and others could not bring your hearts to stoop to your Fellow Subjects when you could not submit to that equal rule to take your share with them When Pride carried some so high then was the beginning of your fall and others and none could expect other than what is now come to pass That they should come to that shame and sorrow that this day hath brought upon you I could have wished to have heard nothing but an humble confession of the fault that hath been clearly proved and no Justification of it You have sworn among others to preserve the Laws and People of the Kingdom but you drove away not only the House of Lords but most of the Commons and then to give the name of a Parliament to the Remainder this is a great aggravation of your Treason I think we of the Secluded Members could not have discharged our duty to God and the Kingdom if we had not then appeared in Parliament to have dissolved that Parliament and so by our joynt assent put an end to all your pretences which if we had not done we had not so soon come to our happiness nor you to your miseries Lo. Ch. Bar. The Court hath told you before their opinions in the thing and no further debate is to be allowed in this the Justification of it doth comprehend treason We our selves are not by Law to allow the hearing of it If you have nothing to say for your self I must give direction to the Jury Scot. I humbly crave leave to move the Jury that they bethink themselves and consider of it rather as a special Verdict than of a definitive one I think there is cause of a special Verdict Court If there was need of a special Verdict We are upon our Oaths I should give direction to the Jury What We do We do upon our Oaths and must answer it before God Almighty The Court hath delivered their opinions before that in this Case the Pretended Authority under which you did derive that Power which you did execute that it is no Authority it is void in Law it is a foundation if it were true of subverting all Laws and indeed of all Religion a Power that you assumed to your selves of Judging and Condemning your King that you would countenance such an Authority is a great aggravation of the fault They are Jugdes whether you did Imagine or Compass the Kings Death that is all the Jurors have to do Gentlemen of the Jury Scot. I would know what particular Law I have transgressed in this thing Court The Law of God and Man 25 Edw. 3. Scot. I humbly conceive that reaches not to this Case Court To satisfie you in that the very words of the Statute are If any man do Compass or Imagine the Kings Death it is Treason The Indictment is That you did Imagine and Compass the death of the King if the Fact be proved against you you are within the Statute Scot. You will not say the King shall be a Traytor if he shall Compass the death of the Queen Court The Queen is a Subject Scot. I am not yet convinced Lo. Ch. Bar. Gentlemen of the Jury Scot. I do plead and claim that I am within the Compass of several Pardons and desire Councel in that particular I do come within the Compass of his Majesties Pardon Lo. Ch. Bar. If you had not gone on to matter of Justification you might have been more heard to this of Pardon but after a Justification then to come for a Pardon which implies a confession of Guilt they are contradictory I must tell you we are now upon point of Law That Proclamation I doubt not but his Majesty will inviolably make good but we are not to judge of that it is nothing to a legal proceeding You are now in a Court of Law it is not to be pleaded in a Court of Law the Kings Pardon in Law must be under his Broad Seal How far you are under that Proclamation care will be taken and what is fitting to be done will be done but it is nothing in the matter of the Charge to this Jury Scot. I desire Councel touching the Statute of 25 Edw. 3. Court You should have done it before you had confessed the Fact Scot. I may do it in Arrest of Judgement Lo. Ch. Bar. Mr. Scot for that of the Kings Proclamation if you be within the benefit and
business and to make people gaze upon you without any Ground Axt. I am upon my life I hope you will hear me patiently L. ch Bar. God forbid but we should Axt. I do desire to assert my Authority if any thing was done upon the House of Lords and Commons I do not come here to justifie their Actions I was not concerned in it My next Plea is this that if a House of Commons can be charged Guilty of High Treason as a community the distributive Body must needs be Guilty Court If there should have been 20 or 40 men come out of the House of Commons and should Murther a man they must answer for that it is not the community that can do such an Act of Treason these persons that you call a House of Commons there was but 26 of them and these must be the people this is the state of the case and when you have thrust out thrice the number of those remaining only those can serve your turn L. Annesly Mr. Axtell I am very sorry to see you in that place and it troubles me as much to hear you vent that for an Authority which you know your self was no Authority you would now for your defence for life and it is reason you should make as full a defence for life as you can you would shelter your self under that Authority which I am sorry I must say were one of the greatest Violators of you cannot forget how near a close of this bloody war by the mercy of God this Nation was when the Army interposed whose Trade it was to live by War when they had felt so much of the sweet of War they would not suffer the people to enjoy peace though the Lords and Representatives in Parliament had agreed to it A Treaty was begun terms of peace propounded and agreed to this you cannot forget and will have no need of Notes or Books to help your Memory when the people Groaned under the miseries of War and thirsted after Peace then came up the Army who were servants to the Parliament till that time taking upon them the Authority you cannot forget that your self was one of the number that came to offer accusations against the majority of the Commons House calling them Rotten Members the House of Lords was not then suffered to sit they would not joyn in that Ordinance that was preparing for the Tryal of the King when the Lords had refused they were no longer fit to be Lords neither then comes in a new Authority which we never heard of before a remnant of the House of Commons joyning with the Army that had driven away the greatest part of the House of Commons for in all Assemblies and Courts the major part must determine or no determination after this course was taken then is an Act set on foot they take upon them by Votes of their own to be the Parliament of England that the supreme power of the Nation is in the Representatives of the people who were they those few only that remained almost all the Cities Counties and Burroughs of England had none left to represent them they were driven away by Force then was this Act of Parliament such an Act as was never heard of before set on foot and passed as an Act by a few of the House of Commons if you can plead this for your defence this is the Act that you must shelter under But you know the Lords and Commons had Unanimously resolved for peace and so agree with the King if this Act will be any defence you may plead it to the full and this is all you have to say therefore go upon no Forreign matter Axt. If it please your Lordship that worthy Lord that spoke last is pleased to say that I was one of the persons that did accuse some of those Members of Parliament truly my Lord I never did come to the Commons Bar but once presenting a petition and for my hand either in charging any of the Members or Secluding any of them I never had any hand in that matter this is all to that part Next I Humbly conceive here I must ground my bottome and if I perish I perish by a Judgement in a Parliament My Commission that did Authorize me to obey my General was given me when the Lords and Commons sate in Parliament I had no other Commission then this my Lord Fairfax commanded the Army after the Kings Death by the like Commission I did but my duty in going to my Regiment the General saith go to such a place stay there if I refuse by the law of War I Dye if I obey I am in danger likewise I say my Commission was given me by the Lords and Commons and therefore I hope my Lord that what I have said and offered in that particular is not Truthless but of Weight Court The Effect of your Commission is only to make you an Officer Axtell My Commission bears date the 27th of March 1648. Ten months before the Kings Death we had no other Commissions therefore I humbly conceive the question will be this in point of law and I humbly desire it may be Truly and Fairly stated by your Lordship and these Honourable Jugdes that whether a man being guided by the Judgment of the Lords and Commons Assembled in Parliament and having declared their Judgments and Exposition of that Statute of the 25th of Edward the Third and Acting only by that Judgment of Parliament and under their Authority can be questioned for Treason That my Lord is a question that I do humbly think is a point in law and that you will please fairly and truly to state it whether I am within the compass of that Statute whereupon I am indicted Councel My Lord We do not charge him with any thing that he did Act under the colour of his Commission or with any thing he did before that but that which we charge him with are rhe Acts that he did at the Tryal of the King shew us your Commission from the Lords and Commons Assembled in Parliament for Tryal and Execution of the King you say something we do not charge him for any thing done by Vertue of that Commission but with those violent Acts that he did in encouraging the Souldiers to cry Justice Justice Execution Execution and all those other Violent Actions of his own malicious heart against the King We humbly beseech you he may answer to that which is the charge against him and that is the Compassing and Imagining the Death of the late King and his declaring that by those overt-acts that we have proved My Lords we desire that the Prisoner at the Bar may remember that he is not Indicted for levying War against the King if so then that Sir which you offer might be given as a Plea and we should have spoken to it but you are Indicted for Compassing and Imagining the Death of the King and that which we have given in Evidence
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
thing to govern absolutely Gentlemen The Imperial Crown is a Word that is significative you shall find in all Statutes primo Eliz. and the first of King James nay even in the Act of Judicial proceedings of this Parliament it is called an Imperial Crown They that take the Oaths of Allegiance and Supremacy they swear that they will to their power assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the King His Heirs and Successors or annexed to the Imperial Crown of this Realm What is an Imperial Crown It is that which as to the Coercive part is subject to no man under God The King of Poland has a Crown But what is it At his Coronation it is conditioned with the people That if he shall not Govern them according to such Rules they shall be freed from their Homage and Allegiance But the Crown of England is and always was an Imperial Crown and so sworn Gentlemen As I told you even now the Imperial Crown is a Word significative that Crown which as to the Coercive part is not subject-to any Humane Tribunal or Judicature whatsoever And truly that this is such an Imperial Crown though I have cited Authorities ancient enough you may find them much more ancient I remember in the Story of William Rufus you shall find it in Matthew Paris and Eadmerus some Question was about Investiture of Bishops and the like the King writes His Letter That c. God forbid I should intend any absolute Government by this It is one thing to have an Absolute Monarchy another thing to have that Government Absolutely without Laws as to any coercive power over the Person of the King for as to Things and Actions they will fall under another consideration as I will tell you by and by Gentlemen Since this is so consider the Oath of Supremacy which most men have taken or should take All men that enter into the Parliament-House they are expresly enjoyned by Statute to take the Oath of Supremacy What says that Oath We swear that The King is the only Supreme Governour within this Realm and Dominions He is Supreme and the onely Supreme and truly if he be Supreme there is neither Major nor Superior I urge this the more lest any Person by any Misconstruction or inference which they might make from something that hath been Acted by the Higher Powers they might draw some dangerous Inferences or Consequences to colour or shadow over those Murtherous and Traiterous Acts which afterwards they committed They had no Authority But as I told you though I do set forth this and declare this to you to let you know that the King was immediately subject to God and so was not punishable by any Perfon yet let me tell you there is that excellent Temperament in our Laws that for all this the King cannot rule but by His Laws It preserves the King and his Person and the peoples Rights There are three things touching which the Law is conversant Personae Res Actiones Persons Things and Actions For the Person of the King He is the Supreme Head He is not punishable by any coercive Power the Laws provide for that The King can do no wrong it is a Rule of Law it is in our Law-books very frequent 22d of Edward the Fourth Lord Coke and many others If he can do no Wrong He cannot be punished for any wrong The King He hath the infirmities and weakness of a man but he cannot do any injury at least not considerable in Person He must do it by Ministers Agents Instruments Now the Law though it provide for the King yet if any of his Ministers do wrong though by his command they are punishable The King cannot arrest a man as he cannot be arrested Himself but if He arrest me by another Man I have remedy against this man though not against the King and so He cannot take away my Estate This as to the Person of the King He is not to be touched Touch not mine Anointed I come to Things If the King claim a Right the King must sue according to His Laws the King is subject to the Laws in that case His Possessions shall be tried by Juries If He will try a man for His Fathers Death you see he will try them by the Laws The Law is the Rule and Square of His actions and by which He Himself-is judged Then for Actions that is such Actions whereby Rights and Titles are prosecuted or recovered the King cannot judge in Person betwixt man and man He does it by his Judges and upon Oath and so in all cases whatsoever If the King will have his Right it must be brought before His Judges Though this is an Absolute Monarchy yet this is so far from infringing the Peoples Rights that the People as to their Properties Liberties and Lives have as great a priviledge as the King It is not the sharing of Government that is for the Libertie and Benefit of the People but it is how they may have their Lives and Liberties and Estates safely secured under Government And you know when the Fatness of the Olive was laid aside and we were Governed by Brambles these Brambles they did not only tear the Skin but tore the Flesh to the very Bone Gentlemen I have done in this Particular to let you see that the Supreme Power being in the King the King is immediately under God owing his Power to none but God It is true blessed be God we have as great Liberties as any People have in Christendom in the World but let us own them where they are due We have them by the Concessions of Our Princes Our Princes have granted them and the King now He in them hath granted them likewise Gentlmen I have been a little too long in this and yet I cannot say it is too long because it may clear misunderstanding so many Poisonous Opinions having gone abroad To come a little nearer If we consider suppose there were the Highest Authority but when we shall consider this horrid Murther truly I cannot almost speak of it but Vox faucibus haeret When we shall consider that a few Members of the House of Commons those that had taken the Oath of Supremacy and those that had taken the Oath of Allegiance that was to defend the King and His Heirs against all Conspiracies and Attempts whatsoever against His and their Persons Their Crowns and Dignities not onely against the Pope's Sentence as some would pretend but as otherwise against all Attempts and Conspiracies not onely against His Person Crown and Royal Dignity nor Pope's Sentence nor onely in order to the Profession of Religion but absolutely or otherwise that is whatsoever Attempts by any power Authority or Pretence whatsoever I say when a few Members of the House of Commons not an eighth part of them having taken these Oaths shall assume upon themselves an Authority an Authority what to do shall assume to
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
Hand to the Warrant for summoning of that Traiterous Assembly The High Court of Justice as they called it And also it appears by his Hand to the Warrant for Execution that Bloody Warrant He hath been so far from denying that he hath Justified these Actions The Evidence is so clear and pregnant as nothing more I think you need not go out The Jury went together at the Bar and presently unanimously agreed on their Verdict whereupon they were demanded by the Clerk Clerk Are you agreed upon your Verdict Jury Yes Clark Who shall say for you Jury Our Fore-man Which was Sir Thomas Allen. Clerk Thomas Harrison Hold up thy Hand Gentlemen of the Jury Look upon the Prisoner How say ye Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or Not guilty Fore-man Guilty Then the Keeper was charged to look to the Prisoner Clerk What Goods and Chattels had he at the time of committing this Treason or at any time sithence Fore-man None to our Knowledg Which Verdict being repeated to the Jury by Mr. Clerk of the Crown the Jury owned it unanimously Mr. Solicitor Gen. My Lords upon this Verdict that hath been given against the Prisoner at the Bar I humbly move that we may have Judgment given Your Sessions will be long and your work will be great his Demeanour hath been such that he doth not deserve a Reprieve for so many Days that you are like to spend in this Session Court Mr. Harrison they desire Judgment upon the Verdict What do you say for your self why Judgement should not pass against you Clerk Thomas Harrison hold up thy Hand What hast thou to say for thy self why Judgmnt should not pass against thee to dy according to Law Mr. Harrison I have nothing further to say because the Court have not seen meet to hear what was in my Heart to speak I submit to it The Cryer made Proclamation for Silence whilest Judgment was in giving Lord Chief Baron You that are the Prisoner at the Bar you are to pass the Sentence of Death which Sentence is this The Judgment of this Court is and the Court doth award that You be led back to the place from whence you came and from thence to be drawn upon an Hurdle to the place of Execution and there you shall be hanged by the Neck and being alive shall be cut down and your Privy-Members to be cut off your Entrails to be taken out of your Body and you living the same to be burnt before your Eyes and your Head to be cut off your Body to be divided into four Quarters and your Head and Quarters to be disposed of at the pleasure of the Kings Majesty and the Lord have Mercy upon your Soul And then Proclamation was made for Adjournment of the Court to this place till seven of the Clock to morrow morning And all Jury-men and Witnesses were commanded to be at the said Place and Time upon Forfeiture of an hundred Pounds apiece Octob. 1â— 1660. The Proclamation for Silence The Jury called Prisoners brought to the Bar viz. John Jones Adrian Scroop Thomas Scot Gregory Clement John Carew Cryer Sir Thomas Allen. Clerk Sir Tho. Aleyn lay your hand on the Book look upon the Prisoner at the Bar. Scroop I challenge him my Lord. L. C. Bar. That you may not mistake if you challenge in this manner and do not joyn in your challenges we must try you severally one after another I must tell you the course of the Law If one challenge one and another challenge another we must sever and go to Tryal one by one Call the next Cl. Sir Henry Wroth. Scroop I challenge him L. C. Bar. Then we must go on severally set all aside but Mr. Scroope Mr. Scroop you may challenge particularly whom you will till you come to 35. if you go beyond that number you will lose the benefit of the Law Scr. I desire my Lord that whosoever was challenged yesterday may not be called again Court No that cannot be that is nothing to you The Court thereupon proceeded and called Challenged John Lisle Nic. Raynton Thomas Wynter Thomas Frankelyn Randal Nichol Jo. Kirke Ambrose Scudamore George Tirrey who were all challenged Jury Thomas Willet Hen. Marsh Charles Pitfied Chr. Abdy Rich. Cheny Tho Bid. Jo. Smith Richard Abel Ralph Halsal Jo. Gallyard Tho. Swallow Sam. Starnel were admitted and sworn on the Jury Cl. Cryer make Proclamation If any man can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoner at the Bar let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his delivery and all others bound by recognizance to give evidence against the Prisoner at the Bar let them come forth and give their evidence or else they shall forfeit their recognizance Cl. Adrian Scroop hold up thy hand you Gentlemen that are sworn look upon the Prisoner and hearken to his charge you shall understand c. upon this Indictment he hath pleaded not guilty M. Sol. May it please your Lordships and you Gentlemen of the Jury this Prisoner at the Bar stands indicted sor compassing and imagining the death of the late King of blessed memory The Indictment sets out that to that end and purpose the Prisoner at the Bar did with others assemble and sit together at Westminster Hall consulting upon him and usurped an authority to proceed against the life of our said late Soveraign and in persuance of that our late Soveraign was brought to his death These things are alledged in the Indictment as several over Acts to shew the treason of his heart which was the compassing and imagining the death of the King Compassing and Imagining are the words of the Statute the rest of the Indictment is but as so many overt-acts evidences and manifestations of that corrupt and wicked heart of his by which he first thought such a thought against his Soveraign The manner of our evidence shall be this Before they could come to accomplish this damnable design it was necessary to meet in a trayterous assembly which they called the High-Court of Justice that under the pageantry and mockery of that they might pretend to murder him by a Sentence and before that assembly could come to sit there was a Precept set forth very formally to summon them to sit This Prisoner at the Bar is one of those persons who under his hand and seal did summon that Court to sit upon the life of our late Soveraign When the Court in obedience to that summons as they called it did meet they sate several times and he among them they did proceed with a wonderful impudence as they had begun to pronounce sentence of death upon our late Soveraign My Lords this Prisoner at the Bar was amongst them and was at that Court and gave the sentence When they had done that
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
demand that wicked Judgment before the Court pronounced it and he was the man that did against his own Conscience after he had acknowledged that he was a wise and gracious King yet says he That he must dye and Monarchy with him there in truth was the Treason and the cause of that fatal blow that fell upon the King This was his part to carry on how he did it as a wicked Counsellor we shall prove to you and the wages and reward of the Iniquity that he did receive James Nutley Sworn Councel Pray tell the Circumstances of the Prisoners Proceedings at Westminster Hall when he did exhibite a Charge against the King Mr. Nutley My Lords the first day of bringing his Majesty to his Tryal was Saturday Jan. 20. 1648. Before they sate in publick they that were of the Committee of that which they called the High Court of Justice did meet in the Painted Chamber which was in the forenoon of that day Being there I did observe that there was one Price a Scrivener that was writing of a Charge I stood at a great distance and saw him write and I saw this Gentleman the Prisoner at the Bar near thereabouts where it was writing I think it was at the Court of Wards This charge afterwards a Parchment writing I did see in the hands of this Gentleman the Prisoner at the Bar. A very little after that they called their names they did adjourn from the Painted Chamber into Westminster Hall the great Hall The Method that they observed the first thing was to call the Commissioners by name in the Act the pretended Act for trying the King was read that is when the Court was sat the Commissioners were called by their names and as I remember they stood up as their names were called The next thing was reading the Act for the trying of his late Majesty After that was read then this Gentleman the Prisoner at the Bar presented the Parchment Writing which was called the Impeachment or Charge against his Majesty Mr. Bradshaw was then President of that Court and so called Lord President he commanded that the Prisoner should be sent for saying Serjeant Dendy send for your Prisoner thereupon the King was brought up as a Prisoner and put within a Bar And when the Court was silenced and settled this Gentleman the Prisoner at the Bar did deliver the Charge the Impeachment to the Court and it was read The King was demanded to plead to it presently Here I should first tell you that upon the Kings first coming in there was a kind of a Speech made by Mr. Bradshaw to the King in this manner I â—hink I shall repeat the very words Charles Stuart King of England the Commons of England assembled in Parliament taking notice of the effusion of blood in the Land which is fixed on you as the Author of it and whereof you are guilty have resolved to bring you to a tryal and Judgment and for this cause this Tribunal is erected There was little reverence given to his Majesty then which I was troubled at he added this further That there was a charge to be exhibited against him by the Solicitor General I think this Gentleman was so called at that time and he called to him to exhibit the Charge and this Gentleman the Prisoner at the Bar did deliver an Impeachment a Parchment writing which was called a Charge against the King at that time which was received and read against him Coun. Did you ever see the Charge which was now shewn to Mr. Nutley Mr. Nut. My Lords I do believe that this is the very Charge I am confident it is the same writing I have often seen him write and by the Character of his hand this is the same Council Go on with your story Mr. Nut. My Lords immediately upon the delivery of this Charge of Impeachment which was delivered in the Kings presence after it was read the King was demanded to give an answer to it His Majesty desired to speak something before he did answer to the pretended Impeachment for so his Majesty was pleased to call it He did use words to this purpose saith he I do wonder for what cause you do convene me here before you he looked about him saith he I see no Lords here where are the Lords upon this Mr. Bradshaw the President for so he was called did interrupt his Majesty and told him Sir saith he you must attend the business of the Court to that purpose you are brought hither and you must give a positive answer to the Charge saith the King you will hear me to speak I have something to say before I answer after much ado he was permitted to go on in the discourse he was in so far as they pleased His Majesty said I was in the Isle of Wight and there I was treated with by divers honourable persons Lords and Commons a treaty of peace between me and my people the treaty was so far proceeded in that it was near a perfection truly saith he I must needs say they treated with me honourably and uprightly and when the business was come almost to an end then saith he was I hurried away from them hither I know not by what Authority now I desire to know by what Authority I was called to this place that is the first question I shall ask you before I answer the charge It was told him by Mr. Bradshaw the President that the Authority that called him hither was a lawful Authority he asked him what Authority it was the second time it was answered him by the President that it was the Authority of the Commons of England assembled in Parliament which he affirmed then to be the Supream Authority of this Nation the King said I do not acknowledge its Authority Authority if taken in the best sense it must be of necessity understood to be lawful therefore I cannot assent to that I am under a Power but not under an Authority and there are many unlawful Powers a Power that is on the high way I think I am under a Power but not under an Authority you cannot judge me by the Laws of the land nor the meanest Subject I wonder you will take the boldness to impeach me your lawful King To this purpose his Majesty was pleased to express himself at that time with more words to that purpose The King went on to further discourse concerning the Jurisdiction of the Court Bradshaw the President was pleased to interrupt him and told him several times that he trifled out the Courts time and they ought not to indure to have their Jurisdiction so much as questioned Court Pray go on Mr. Nutly This Gentleman at the Bar I did hear him demand the Kings answer several times a positive answer was required of the King the K. often desired to be heard and he interrupted him again and again several times and at length it was pray'd that the charge that was exhibited against him
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
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
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
that you did desire Judgement should be given against him and not so much you as the blood that had been shed that cryed for Judgement truly whether that was a Judgement that you intended for acquital that must be left to the Jury You asked because I will repeat it in order as my memory will give me leave whether there was any other words in the charge than was in the Proclamation Mr. Cook Whether there was any other words or no that differed in the Proclamation as it was a great sin and foul fact in the Proclamation so it was as foul in the Charge Master Masterson swears the same too he heard you say the second day you had delivered a charge the day before against the King and that he had delayed his answer you desired he might plead guilty or not guilty the last day that you did in the names of the Commons Assembled in Parliament and the people of England demand Judgement against the King and then another swears those words Judgement against the Prisoner at the Bar which was the King Burden swears you examined him as a Witness against the King in what place he was with the King It seems he was in the King's Army he swears you gave him an Oath it is testimony fit to be believed but however if you did not give the Oath by what you say your self you may be by and asked him the question Master Starkey he tells you that during the Tryal and before the Sentence that you being an old acquaintance of his in Grayes-Inn speaking with him he spake like a friend to you I hear you are up to the ears in this business and whereas you talk of the people there is a thousand for one against it that you should tell him again You will see strange things but you must wait upon God these words of waiting upon God are words of that nature people do use them now adaies when they would do some horrid impiety which hath been the sin of too many it is but a canting language that is the best term I can give it you told him then He must die this was before the Sentence that is to be observed Gentlemen of the Jury you say you did not know of the Sentence you said He must die and Monarchy with him you must here know that some of those persons that sate upon him said the King was a gracious and wise King and as Mr. Cook did say and they were the best words they spoke and I think he thinks so in his conscience but in conclusion He must die and Monarchy must die with him others said they did not hate King Charles but they hated Monarchy and Government but Monarchy was the thing that they would behead I think I have done with the Evidence that was given against you the Indictment it self was read the Overt acts was the meeting propounding consulting about it It appears he was in the Chamber about the Charge that he did propound it he delivered the Charge it appears withal that he demanded Judgement he desired the King might answer or that it might be taken pro confesso these are overt acts to declare the imagination of his heart The answer of Mr. Cook I will repeat it as clearly as I can because nothing shall go to the extenuating of the fact but it shall be spoken Mr. Cook in your answer your defence that you make you set forth the heads of this Indictment and you set them forth very truly the heads are the aggravations of the Indictment the Indictment was the compassing and imagining the death of the King you said it was upon these grounds that you did propound abet and consult the death of the King that you with others did assume power and authority to kill the King that thereupon a person unknown in a Frock did accordingly kill the King You say to the first part if it did not appear that you did advise the death of the King that you were not guilty for that Sir as I told you before taking them either complexly or singly if any of the particulars reached to one of these acts it was enough but it reaches to all you required Judgement against the King as a Traytor and that with a reason and certainly death must follow you say you were appointed to give your advice you had a Proclamation first for Tryal of the King you had the Order of Jan. 10. whereby you were appointed to give your advice if it were so it will be no excuse at all the Proclama gives you no warrant at all he that obeys so wicked a Proclamation it will not save him it appears you were privy to this before the Proclamation if you were not at all when such a thing as this is such a Proclamation and Act and such a manner of Tryal as I believe though you have read very much you never heard of such a thing in our Law or foreign Nations That you thereupon should take upon you to be of Council against the King it aggravates the fact other men may be impudent ignorant but you that were a learned Lawyer your being of Council doth aggravate the thing You say Secondly by Law words will not amount to Treason for that I would not have that go for Law by no means though it be not your Case for you are not indicted for words but words are Treason and Indictments are often for it but the difference is this The Indictment is not for words but compassing and Imagining the death of the King words are evidences of the compassing imagining the Kings death It is the greatest evidence of the imagination of the heart Words do not make a Treason that is if it be by inference or consequence but reductively but if it be immediately I shall say to a man go kill the King by theat which is an absolute immediate necessary consequence to say this is not Treason I would not have that go for Law your Case is not for words but for delivering a Charge the ground that you speak of words may make a Heretick but not a Traytor it was a witty saying but you have no sufficient authority for it these are words put in writing we all know if a man put his words in writing if a man speak Treasonable words and put them in writing they have been several times adjudged Treason and so in my Lord Cook 's 3. Institutes the Case of Williams of the Temple there was a Book of Treason in his own Study of his making and he was indicted for it words put in writing is an express evidence of the imagination of the heart you say it was dictated to you but when words are written in a Charge and your name to it which I had almost forgotten that 's more than words the Witnesses swear the likeness of your hand they do but swear the likeness of your hand no man can swear
more unless he was present and see it but you owned the Charge and there your name is that besides the two Witnesses there is your own actions to prove it When two Witnesses shall swear it is like your hand and you own that Charge I must leave it to the Jury you say you did this after command the words were dictated to you the words were conceptis verbis appointed and ordered by the Court but the pressing was yours he stands upon delays let it be taken pro confesso demanding Judgement these were your words another man may dictate a thing but you are not forced to speak it you urged it owned it you demanded not in the name of the Court but in the name of all the People of England you say further that your demanding Justice is not within the Statute as I said before what can be the effect of demanding Justice but that the King should die upon those premises you say further that it was in behoof of the King as you would urge it to do the King a Courtesie in asking the King might have Justice but you did not name what Justice it was but you did him a Courtesie truly the King was but a little beholden to you for that request all the world knows what that demanding of Justice was it was to have the Kings head cut off you went as far as you could it ended with you when you demanded Justice that is as far as you could you cut off the head S. Paul when the Witnesses laid down the clothes at his feet he said I killed Stephen the Martyr You say further that in all Tragedies the Accuser or Witness the Jury the Judge and executioner are the only persons and you are none of these you are only of Council if Justice was not done what was it to you you said you did not assume a power there was only Eloquence required in the Councel it hath been truly said that this is a great aggravation to be of Councel against the King you said his Majesty was then a Prisoner and accused Counsel cannot be heard against the King you undertake to be Counsel against the King in his own person and in the highest Crime if the Council at the Barr in behalf of his Client should speak Treason he went beyond his sphere but you did not only speak but acted Treason you said you used not a disrespective word to the King truly for that you hear what the witnesses have said you pressed upon him you called it a delay you termed him not the King but the Prisoner at the Bar at every word you say you did not assume an authority it is an assumption of authority if you countenance and allow of their authority you say you do not remember you demanded Judgement against the King that is fully proved against you you your self asked the question whether you did say against the King he did not remember but others positively that you demanded Judgement against the King and Prisoner at the Bar you said that before Sentence there was not an intention to put the King to death to that Mr. Starkey swears that you expresly said the King must die and Monarchy with him and this before the sentence whereas you say this is but one witness that there is to be in Treason two witnesses but that there should be two witnesses to every particular that is an Evidence of the fact that is not Law if to one particular that is an Evidence there be one witness another to another here are two witnesses within the meaning of the Statute two witnesses to the Indictment compassing and imagining the Death of the King being accompanied with other circumstances this one witness if you believe him is as good as twenty witnesses because other overt acts are expresly proved by several witnesses You say next for the drawing of the Charge in right reason it ought to be counted for the service of the King First you do acknowledge and truly very ingenuously that in the time of peace to bring him to the Bar not being a prisoner is Treason you say it according to the Law and that you delivered the charge for the accelerating of the Charge and that it was not done by you traiterously you say the King was a Prisoner before and you say what hands he was in in the hands of men of power and violence it had been your duty to have delayed it not accelerated it that there might have been some means of prevention of that bloody act that followed if you knew that to be Treason to make him a prisoner Subjects do not use to make Kings Prisoners but Death follows You urge in the next place the Act of Indemnity and that you are not excepted for that you have made as much of it as the matter will bear yet you must consider First as a rule in Law that where they are general words when they come to be explained by the particulars you shall not include them within the general Mark the very words they are these Provided that this Act nor any thing therein contained shall extend to pardon discharge or give any other benefits whatsoever unto such and such among whom you are named nor any of them nor to those two persons or either of them who being disguised by Frocks and Vizards did appear upon the Scaffold erected before White-Hall upon the thirtieth of January 1648. All which persons these are the words First It shall not extend to you then it comes 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 Majestie according to the Laws of England and are out of this present Act wholly excepted and foreprized First as I told you before and as it was very well said by Master Sollicitor admitting the reason had been mistaken and that you had not been comprehended in the reason you are excepted out of the body provided it shall not extend c. Many times Laws do make recitals which in themselves are sometimes false in point of fact that which is the Law is positive words the other words are for the reason Excepting all which that is Master Cook which persons are excepted not for doing of it but for his execrable crimes in being instrumental It is clear without that if it were not so we say when a Sentence is or such a one or such a one the third Or makes all disjunctive Here are three Or 's first in sentencing to death or signing the Instrument then comes this or being instrumental in taking away the precious life of our late Soveraign c. this Or doth clearly exclude the other two or instrumental not only in point of death but further being neither a Sentencer Signer or being
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
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
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
him upon what account these words were spoke Huncks My Lord it was this Cromwell having a Commission which I think I heard read here Colonel Hacker was reading of it My Lord Cromwell he comes to me and by Vertue of that Commission he would have me to write a Warrant for Executing the King I refusing to write that Warrant upon this which he speaks of that standing at the Door if God bless me I will search all the Doors at Whitehall but I will find it out I not doing it I said why should it be offered to me sayes Cromwell thou art a peevish Fellow Cromwell fell a writing assoon as ever he had done that writing he gave Hacker the pen what Hacker writes I know not and upon my refusing this prisoner at the Bar said Col. Huncks I am now ashamed of you The Ship is now coming into the Harbour and will you now strike Sayle before you cast Anchor Council You observe the course of this evidence there was a Warrant or Commission directed to three persons Hacker Huncks and Phaire for Execution of the King Cromwell demanded of this Gentleman Col. Huncks that he should sign a Warrant by Vertue of that other Warrant and this Gentleman refusing it the Prisoner objects this that he to save himself doth witness this against the Prisoner Gentlemen he did refuse the thing have you any thing to ask Col. Huncks Axtell He says Col. Phaire and Hacker were there I do not doubt but they will be so conscientious to vindicate me from all this Charge L. Ch. Bar. If it be any thing that tends to your defence that you will be heard afterwards but have you any Questions to ask Col. Huncks Axtell No more I know nothing of it if I were to dye at this Bar presently Council Sir Purback Temple pray tell my Lords and the Jury your knowledge of the carriage of this Gentleman touching the Tryal of his Late Majesty Sir P. Tem. My Lord being present and engaged by some persons of Honour Servants of his late Majesty to be present when that horrid Murther was acting before this Court of Justice as they called it I was present at all the Tryals of the King and very near him I heard the King demand from Bradshaw by what Authority and Commission they proceeded thus strangely to Try him Then I heard the Lady Fairfax and one Mrs. Nelson my Sister after the exhibiting of the charge in the Name of the Commons Assembled in Parliament and the good people of this Kingdom against Charles Stuart King of England I say I heard the said Lady cry out from a Gallery over the Court Not half the people it is false where are they or their Consents Oliver Cromwell is a Traitor Upon which I heard the Prisoner at the Bar cry out Down with the Whores shoot them which made me take the further notice of him seeing him in Westminster-Hall commanding the Souldiers there I saw him the most activest person there and during the time that the King was urging to be heard he was then laughing entertaining his Souldiers scoffing aloud whilst some of the Souldiers by his suffering and I believe procurement did fire powder in the palms of their hands that they did not onely offend his Majesties smell but enforced him to rise up out of his Chair and with his hand to turn away the smoke and after this he turned about to the people and smiled upon them and those Souldiers that so rudely treated him Then turning himself to Bradshaw said to him and the Court There are some sitting here fixing his Eyes upon some persons near Bradshaw that well knew that if I would have Forfeited or Betrayed the Liberties and Rights of the People I need not have come hither or words to this effect But their Liberties and Rights are dearer and nearer to me than my three Kingdoms nay than my life it self Therefore I desire you to hear me and remember that I am your lawful King that have done you many Acts of Grace and Favour After which this person Mr. Axtell Prisoner at the Bar commanded his Souldiers to cry out Justice which the Souldiers not readily obeying of him I saw him beat four or five of them with his Cane until they cried out with himself Justice Justice Execution Execution which made me turn to a Noble Lord by whom I then stood and said Pray my Lord take notice there is not above 4 or 5 that cry out Justice Justice I heard also of their spitting in the Kings Face and I think no bodies sufferings have been so like those of our Saviour Christ Jesus as his Majesties were After this this persons crying Justice Justice Execution Execution a second time the Court proceeded to pass a Sentence the which his Majesty pressed hard against and told him Sir before you pass that ugly Sentence which I very well understand you are intended to do I desire you to hear me hear me hear me passionately and not affectionately expressing it which they denying the King and the notice of Justice Justice Execution Execution being repeated they proceeded and read that ugly Sentence of Death after which his Majesty was immediately hurried away from the Bar into a common Cedan where he was carried by two common Porters which Cedan I followed to the middle of King's Street where I saw the two Porters in reverence go bare till the Souldiers under the Command of the Prisoner at the Bar beat them and would not suffer them to go bare when they carried him After this the people cried out What do you carry the King in a common Cedan as they carry such as have the Plague God deliver your Majesty out of such Enemies hands In which Street I was forced to leave the sight of his Majesty occasioned by the injuries and hurts I received in my person from the Souldiers under Axtel's command they carrying him through the Streets shouting in triumph A short time after I received an importuate command from a Lady of great Honour a Servant of his Majesties that I would endeavour to find out where the body of the Martyr'd King was and to give her an account where it then was Applying my self to Whitehall after two or threescore Intreaties I was denyed but understanding that money would do it I gave the persons then under the command of Mr. Axtell that then kept it to shew it me half a piece who in a scoffing manner took me by the hand said If thou thinkest there is any sanctity or holiness in it look here where I saw the Head of that blessed martyr'd King lie in a Coffin with his Body which smiled as perfectly as if it had been alive this is the sad account of the martyr'd King and this sad horrid Prisoner Mr. Axtell Axtell My Lord may I ask that Gentleman some Questions L. ch Bar. Yes yes Axtell My Lord He seems to say that I bid the Souldiers cry out for Justice he doth
Whitehall there were some Cavaliers then in the Regiment it was my fortune I came into your Company I wish I never had you commanded more besides my self to be a Witness against the King and Justice Cook took my Examination you brought me in you commanded the Guards that time at Whitehall when the King was upon his Tryal Axtell What more Burden And you commanded Elisha Axtell with a file of Souldiers to take a Boat and go down to the common Hangman that liv'd beyond the Tower to execute the King he is now Shepards Serjeant in Ireland Axtell My Lord I desire to ask him a question he was pleased to say I desired him to be a Witness Bur. Yes Axtell Where was it Burden In the Court at Whitehall Axtell My Lord I have seen the printed List of Witnesses against the King and in that list you shall find no such Name Burden I have been a Prisoner in Dublin by your means Axtell My Lord I hope you will take notice of that Councel Burden do you remember any of his commands to Web to draw up in the Banqueting-house Bur. He commanded Web to draw up in the Banqueting-house during the time of Execution his own company I was one of his own company then Coun. In order to what Bur. For Execution Axtell My Lord is Web here Bur. He is in Dublin Axt. I wish he were here Edward Cook sworn Cook And it please your Honour my Lord the last day of the Tryal of his Majesty I came into Westminster-hall coming where the Court was I did see Col. Axtell the Prisoner at the Bar there with some Musquetiers Coun. What day was this Cook The last day of his Majesties Tryal L. ch Bar. Go on Sir Cook Standing there a little while his Majesty came guarded with some Halberteers when he came by the Souldiers that stood with Col. Axtell his Majesty bowed and afterwards put off his Hat and went up to the Court I could not know what Bradshaw said to him I stood below I heard him say he was brought by the consent of the Commons and people of England there stood a Lady above in a Gallery crying out it is a lye where are the people or their consents Cromwel is a Traytor whereupon Col. Axtell standing by saith he what Drab is that that disturbs the Court come down or I will fetch you down Mr. Nelson sworn Coun. Tell my Lords and Gentlemen of the Jury touching the Discourse between you and the Prisoner at the Bar in Dublin Nelson My Lords and Gentlemen of the Jury upon a Discourse with the prisoner at the Bar in Dublin 5 or 6 years since upon the platform in that Castle we discoursed of the late Kings having had several reports I desired to know of him who it was that Executed the King thinking he might inform me he was pleased to tell me this saith he the persons that were imployed in that service you know them as well as I do truly Sir not I said I I saw them in Vizards but not their Visage as I know of yes saith he you do know them it is true saith he my self and others were imployed in that affair in order to the Execution but there were several persons came and offered themselves out of a kind of Zeal to do the thing but we did not think it proper to imploy persons whom we did not know but we made choice of a couple of Stout persons pray let me hear their Names said I saith he it was Heulet and Walker I desired to know their reward Truly saith he I do not know whether 30 l. a piece or between them I said it was a small reward for a work of that Nature truly saith he that was all Axt. You named one man I did not hear the other named Nelson I named Heulet and Walker we was one that managed the Execution he told me so and it pleased you Sir Axtell He is pleased to say that in Ireland there was such conference was any body by Nelson No Sir Axt. Did I name any body to you Nel. You named those two persons Axt. Certainly I must invent them then for I had no more knowledg of them then any one here Nel. You told me you were one of them that had the managing of that Affair Councel My Lord we have done with our Evidence those particulars that were first opened to you have rendred the prisoner much a blacker person then we thought we leave him to his defence Axt. May it please your Lordships in the first place because I am ignorant in the Laws I desire to know upon what Statute this indictment is grounded L. ch B. It is grounded upon the statute of the 25th of Edward the Third Axt. My Lords I must acknowledg my ignorance of the Laws being a thing I never studied nor have the knowledg of but I have heard it is the duty of your Lordships and the Judges to be of Counsel for the Prisoner in things wherein he is ignorant in matters of law to make his just defence and therefore my Lord the Indictment it self being matter of law if your Lordships please not to grant me Counsel to speak to matrers of law I humbly pray that your Lordships will be pleased that for want of knowledg formalities punctilloes and niceties of the Law I might not undo my self I have heard by a learned Judg that though the Judg be of Counsel to the King yet by his Oath he is also to be Counsellor to the Prisoner and stands as a Mediator between the King and Prisoner and therefore my Lord I shall beg that humble favour that wherein I shall fall short to make the best improvement of my Plea in matter of law that your Lordships will help me and not take advantages against me as to the niceties formalities and punctilloes of the Law and my Lord this is a resemblance of that Great day where Christ will be Judg and will judg the secrets of all hearts and of all words and of all persons and by him all Actions are weighed knows all our hearts whether there be malice or how it stands in the frame of each heart before him in this place and therefore I hope there will be nothing by prejudging or any thing by precluding to be so black a person as it seemed to be said against me My Lords I must shorten the time and come to speak as to the Authority L. Ch. Bar. As to what Sir Axt. I speak as to the Authority by which or under which I acted I humbly conceive my Lord under favour that I am not within the compass of that Statute of the 25th of Edward the Third for that questionless must intend private persons Counselling Compassing or Imagining the death of the King But you know my Lords the War was first stated by the Lords and Commons the Parliament of England and by vertue of their Authority was forced to be raised and they pretended
by law that the right of the Militia was in them and your Lordships will remember in several Declarations and Acts that was mutually exchanged between his Majesty and Parliament and my Lord that was the Authority the Lords and Commons assembled in Parliament raised a Force and made the Earl of Essex Ceneral and after him the Earl of Manchester of the Eastern Association and after that Sir Tho. Fairfax Lord General of the Forces by this Authority I acted and this Authority I humbly conceive to be legal because this Parliament was called by the Kings Writ chosen by the People and passed a Bill they should not be dissolved without their own consents that the Parliament was in being when the Tryal was and a question whether yet legally Dissolved In the fourth place they were not only owned and obeyed at home but abroad to be the chief Authority of the Nation and also owned by Foreign States and Kingdoms sent Ambassadors to that purpose under them did all the Judges of the Land Act who ought to be the Eye of the Land and the very light of the People to Guide them in their right Actions and I remember the Judges upon Tryal I have read it of High Treason Judg Thorp Nicholas and Jermin have declared it publickly That it was a lawful justifiable thing by the Law of the Land to obey the Parliament of England My Lord it further appears as to their Authority over the People of this Nation petitioning them as the supreme and lawful Authority and My Lords as I have heard it hath been objected that the Houses of Lords and Commons could make no Act. Truly my Lord if you will not allow them to be Acts though they intitle them so call them so and obeyed as so by the Judges Ministers and Officers of State and by all other persons in the Nation yet I hope they cannot be denied to be Orders of Parliament and were they no more but Orders yet were they sufficient as I humbly couceive to bear out such as acted thereby And my Lord the Parliament thus constituted and having made their Generals he by their Authority did constitute and appoint me to be an Inferior Officer in the Army serving them in the quarters of the Parliament and under and within their power and what I have done my Lord it hath been done only as a Souldier deriving my power from the General he had his power from the Fountain to wit the Lords and Commons and my Lord this being done as hath been said by several that I was there and had command at Westminster-Hall truly my Lord if the Parliament command the General and the General the inferiour Officers I am bound by my Commission according to the Laws and Customs of War to be where the Regiment is I came not thither voluntarily but by command of the General who had a Commission as I said before from the Parliament I was no Counsellor no Contriver I was no Parliament-man none of the Judges none that Sentenced Signed none that had any hand in the Execution onely that which is charged is that I was an Officer in the Army if that be so great a crime I conceive I am no more guilty than the Earl of Essex Fairfax or the Lord of Manchester Judg Mallet You are not charged as you were an Officer of the Army Axtell My Lords That is the main thing they do insist upon my Lord I am no more guilty than his Excellency the Lord General Monck who Acted by the same Authority and all the People in the three Nations and my Lord I do humbly suppose if the Authority had been only an Authority in Fact and not Right yet those that Acted under them ought not to be questioned but if the Authority commanded whatsoever offence they committed especially that that guided me was no less than the declared Judgment of the Lords and Commons sitting in Parliament they declared that was their right as to the Militia and having explained several Statutes of Henry the 7th wherein the King having enterchanged Declarations with the Parliament the Parliament comes to make an Explanation on that Statute and my Lord it is in Folio 280. wherein they do positively expound it and declare it as their allowed Judgment To clear up all scruples to all that should take up Arms for them saith the Parliament there as to the Statute of 11. of Henry the 7th Chapter the first which is printed at large comes there to explain it in general and comes here Folio 281. and gives this Judgment It is not say they agreeable to Reason or Conscience that any ones duty should be known if the Judgment of the High Court of Parliament be not a Rule or Guide to them In the next place this is the next Guidance Rule and Judgment of Parliament upon the Exposition of this Statute and as they have said in several places was it not too much to take up your Lordships time they are the proper Judges and Expounders of the Laws The High Court of Parliament have taken upon them to expound the Law and said that we Lawyers will give the meaning of the Text contrary to what they have expounded the meaning under their hands in the same Declaration his Majesty is pleased to quit that Statute upon which I stand Indicted the 25th of Edward the Third where they do my Lord expound that very Statute in the Declaration made in 1643. Folio 722. I come to the declared Judgment wherein they did positively say that the persons that do Act under their Authority ought not to be questioned as persons Guilty Folio 727. that is the Exposition that the Lords and Commons Assembled in Parliament doth make upon the statute Councel My Lord this is an Argumentation of Discourse in justification of his proceedings we desire to know what he will answer as to the Plea Axtell My Lords I have this further to say that if a House of Commons Assembled in Parliament may be Guilty of Treason for the truth is if I Acted Treason that Acted under the Authority of the Lords and Commons in Parliament and of the Commons in Parliament then doubtless they must begin the Treason if the House of Commons who are the collective body and Representation of the Nation all the people of England who chose them are guilty too and then where will there be a Jury to try this concerning the Commons alone I have been over ruled L. ch Bar. If you have any thing to say to the Lords and Commons answer to your charge your charge is nothing of the Lords and Commons but what you Acted when the house was broke and Forced Coun. You cannot but know that there is nothing charged against you for which you can so much as pretend an Authority of the Lords and Commons you know before you could do this Horrid Murther you were the persons that destroyed the Lords and Commons both indeed you Ravel in a
were the subsequent overtacts to prove the same Axtell I hope you will not think it much to give me some more freedom for my own defence for life My Lord I must needs say though there was a force on the Parliament I am not to justifie it I was no Lawyer no Statesman no Councellor but a Souldier and if the General who had a Commission from the Lords and Commons and that some years before and after the King's Death be not guilty of Treason what I did was by command from my General and though I am charged with being in Arms in Westminster-hall and at such and such a place yet it was not a Voluntary Act for I was bound to obey my General I do humbly pray that I may have your Lordships Judgment in this point I must say it was from the sense of their exposition of the Law and of the Statutes and from the Authority that every one took up Arms for and served them and obeyed either the one General or the other I say it was under this very Authority and this must needs acquit me from all the guilt that is laid upon me L. ch Bar. You put your self upon the Judgment of the Court upon this which you call a point in Law First it is manifest that there is no excuse at all for Treason no man by his Commission can warrant the doing of an Act which is Treason you must take notice of the Authority whether it be good or no your Commission was not to put the King to Death but on the contrary to preserve the Kings life The Lords and Commons what they did we do not meddle with the Reason and Ground of what they did was the preservation of the Kings Person as well as the maintenance of the Laws and Liberties of this Nation they made Protestations Declarations and Oaths for the preservation of the King's Person and you could not but take notice of those things Now whereas you go about to shroud your self under the Lord Fairfax he had no such Power and therefore you can challenge no more then he had and to what you say concerning the Judgment of the Parliament there will be a great deal of difference between a particular Case and a Declaration of Lords and Commons there is nothing you have said that hath any thing of Force and God forbid you should make use of it But I must tell you you could not but notoriously know all those Transactions that were in the Army what the Army had done that they came up with Swords in their Hands and turn'd out whom they would you saw what the Lords and Commons had done that the Treaty was ready for his Birth And then you come up with your Mermidons with Force and Arms and Exclude the greatest part of the Members and then the Lords were laid aside it is true the Lords were not wholly dissolved but they would not suffer them to Sit nor Act at all and this was apparent to the Nation If men under colour and pretence of such things Namely that a few persons for so they were but an Eighth part of the House of Commons permitted to remain and of that Eighth part which was but 46 in the whole there were but 26 that Voted that Act which you say you obeyed but you say you obeyed the General you were not to obey the General in this Case for the Facts that you have committed are not charged as Acts of War you are not charged for bringing the Souldiers in but for those Violent Actions that you were guilty of there you made the Souldiers cry out Justice Justice Execution Execution you sent officiously for a Hang-man to come down to you your Commission gave you no power for this the Death of the King you know how it was designed you know the Act for the bringing in of that Commission as they call'd it to sit in justice was after the House of Commons was reduced to a very small Number and some of those dissenting too what you did Act under that Authority if you can justifie it in the Name of God say so but do not Engage the Nation in those things which they abhorred and by the mercy of God are laid asleep Mr. Justice Foster You begin at the wrong End you ought as all men ought to do First to answer the matter of Fact and not to put in these long dilatory Pleas till you have answered the matter of Fact whether those things charged on you be true or not then if you have any thing further to say for your self by way of excuse it will be the time to speak and not before Axt. May it please your Lordships I humbly conceive I am upon that method to the first part of the witness they accuse me for commanding my Souldiers in Westminster-hall then I must prove my Authority which I have been about to do and declared the Judgment of Parliament L. ch B. The Court have heard you with a great deal of patience and that which is not at all to the business Axtell I only refer this as to the Authority I humbly conceive you will give me leave to insist upon this and how far I may improve it for my own defence here is the Commission by which my Lord Fairfax acted and that after the King's Death and I acted by the same Authority he did I had not been at Westminster-hall but on the command of the General Court Doth that Commission Authorize you to cry Justice Justice and to look up and down to get Witnesses against the King is that in your Commission Axt. I am to serve and obey all my Superior Officers that is my Commission if I do not I die by the Law of War Court You are to obey them in their just commands all unjust commands are invalid If our Superiors should command us to undue and irregular things much more if to the committing of Treason we are in each Case to make use of our passive not active Obedience Axt. Under Favour it is not proved that I did either Compass or Imagine the King's Death that is matter of Fact Court Let us try that Axt. My Lord I did nothing but as a meer Souldier I had Authority from the General I would leave this before your Lordships and the Jury that what I have done hath been by Authority of the Genetal L. Hollis Sir a word to you If you could satisfie the Court that you had received a Commission from the General to do those things with which you stand charged it were something then were it proper for you to plead it and the Court to judg Pray take this along with you the General gave you no such command what you are charged with in the Indictment is for Compassing and Imagining the Death of the King and that by such and such overt acts as making your Souldiers cry out Justice and Execution for being active and forward in sending for the
what degree or quality whatsoever who within Four days after the publishing hereof shall lay hold upon this our grace and favour excepting only such persons as shall hereafter be excepted by Parliament that is a Parliament called by his own Writ You know this Parliament L. Ch. Bar. Mr. Axtell I would not interrupt you to that but this very Objection was made by one of the Prisoners before this answer was given First the King's Declaration is not a Pardon in point of Law it must be under the Broad-Seal but God forbid but it should bind in honour You instanced in the word Parliament what was meant by the word Parliament you must know this the exigency of the Times were such that there were many Noble Persons that took the advantage to Assemble themselves together to reinstate the King they did that which was just and lawful according to the exigency of the Times This Declaration he sent to the two Houses he called them His Two Houses so that it appears clearly and manifestly they were then sitting they being accepted by the King and owned by Him and they did sit in way of Convention according as a Parliament and his Majesty sent his Letter to them and these are the persons that have thought fit to except you out of that Act. Axtell My Lord may I speak to that any further L. Ch. Car. If you do it will be over-ruled Axt. I submit with submission to the providence of God I did apply to Sir Harbottle Grimston for the Mercy and Favour of his Majesty according to his Declaration and here is Sir Harbottle's own hand for a Certificate L. Ch. Bar. That is allowed you that you did claim that benefit within the time but you may remember that it was referred to those two Houses of Parliament they were to consider who was fit for the Pardon and you are by them Excepted out by Name Your question now is no more but whether guilty or not guilty and these are but extravagant Discourses that you say otherwise and rather do you harm then good Axtell I hope you will pardon me my Lord I hope I have spoken to clear the Point The Fact charged by your Lordships and before the Jury and I hope the Lord will give the Jury a Memory of it and a right Understanding in what I have said for my own Defence My Lord the next thing I have to offer is this to Expound that Act of Parliament that it was the intention of his Majesty and Parliament that all should be excepted but those guilty of Councelling Signing or Sentencing Truly my Lord I humbly conceive I being none of those am not guilty of Treason I shall only speak one word to my Jury That they will remember what I have said that there is but two things two Witnesses as to Justice and Execution that it relates to no person but in General and then I do not own the things but possibly they might hear such words I taking of them up upon a rebound reproved the Souldiers for the other that I should send one for the Executioner he heard so and that I should name who was the Executioner I would not have that person or any other to suffer for that L. Ch. Bar. That is not at all pressed upon you not as to any Charge Axtell I thank your Lordship I am very ignorant L. Ch. Bar. Have you done Sir Axtell I leave the matter to the Jury in whose hands I and my little Ones and Family are left I only say this to you Remember your Ancestors Remember your Posterity I never heard it before that words were Treason In Queen Maries time Throckmorton was acquitted for words by the Jury Gentlemen of the Jury I leave my Case my Life my All in your Hands L. Ch. Bar. Gentlemen of the Jury There hath been several things offered by the Prisoner at the Bar as near as my Memory will give me leave in so long a Discourse I shall repeat all things which he saith for himself and which are said against him There are some things that he seems to utter as tending to matter of Law and something meerly of Fact proper only for you of the Jury For matter of Law he hath urged several things for himself not by way of justification of the Fact I must do him that right but in excuse of himself and I hope his conscience hath so wrought upon him that he is of opinion the Fact was a horrid Fact which was so indeed For that which he hath said for himself First he doth alledge to have his Commission from the Lord Fairfax My Lord Fairfax had his Commission from the two Houses of Parliament and this Gentlemans was in March the beginning of the year 1648. he saith what he did was in obedience to his superiors as a Soldier that he never consulted or advised about any thing of the Tryal or execution of his Majesty For this point it hath already been spoken to Gentlemen for that which hath been spoken to at large heretofore I must repeat it here that he may know it That no Person whatsoever no Community not the people either collectively or representatively have any coercive Power over the King neither the Lord Fairfax his General not he nor any other person could be excused for this horrid Fact of bringing the King to Trial No person as I said before nor Community have any such power The Law-books which he hath lately seen and truly he hath imployed his time well in that the Law-books tell us that whereas the two Spenceers had broached a damnable and detestable principle that the homage was only due to the King in respect to his Crown that if he did not demean himself according to such and such rules his Subjects might rule him per aspertee by asperity and sharpness but this was condemned by two Acts of Parliament they both appear in my L. Cooke in Calvins case I do not go to repeat all the evidence that might clear this truth I say had there been any such thing but it hath been told him there was no such thing in Fact My Lord Fairfax's Commission was for the preservation of the King as well as for the liberties of the People The 11. of Rich. 2. Robert de Vere and others for levying a War was punished but this Gent. was not charged for levying of War If either of the Houses of Parliament should command such a thing as tends to the death of the King it would be void in it self Something he let fall of the Parliament not being dissolved My Masters for that you have heard some of my Lords declare how and in what manner this was an Authority of Parliament but it was clearly nothing at all this Gentlemen goes by Vertue of a Power from the Lord Fairfax The next thing he urges in point of Law was this he comes by way of Dilemma saith he either I must obey my General or dye
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
says he did it not Traiterously I humbly conceive he means it was Justifiable Sir P. Temple At another time I was in Town on a Friday and wanting Horses I went to Smithfield where I saw the Horses of State of his late Majesty to be sold in the Common Market at which I called to the Rider said I What makes these Horses here says he I am to sell them Why said I there 's the King's Brand upon them C. R. and he shew'd them me said I Will you sell these Horses What price he asked me three or fourscore pound a piece said I Who warrants the sale of these Horses says he Mr. Marten and Sir Wil. Brereton Afterwards I heard the Horses were taken into the Mews by the Prisoner at the Bar and Sir Wil. Brereton Counsel Was this before the Trial Sir P. Temple It was in 1642 or 1643. Counsel That 's nothing to this Business Marten My Lord the Commission went in the name of the Commons assembled in Parliament and the Good People of England and what a matter is it for one of the Commissioners to say Let it be acted by the Good People of England Mr. Sol. Gen. You know all good People did abhor it I am sorry to see so little repentance Marten My Lord I hope that which is urged by the Learned Counsel will not have that impression upon the Court and Jury that it seems to have That I am so obstinate in a thing so apparently ill My Lord if it were possible for that Blood to be in the Body again and every drop that was shed in the late Wars I could wish it with all my heart But my Lord I hope it is lawful to offer in my own defence that which when I did it I thought I might do My Lord there was the House of Commons as I understood it perhaps your Lordships think it was not a House of Commons but then it was the Supream Authority of England it was so reputed both at home and abroad My Lord I suppose he that gives obedience to the Authority in being de facto whether de jure or no I think he is of a peaceable disposition and far from a Traitor My Lord I think there was a Statute made in Henry the Seventh's time whereby it was provided That whosoever was in Arms for the King de facto he should be indempnified though that King de facto was not so de jure And if the Supream Officers de facto can justifie a War the most pernicious Remedy that was ever adjudged by Mankind be the Cause what it will I presume the Supream Authority of England may justifie a Judicature though it be but an Authority de facto My Lord if it be said that it is but a third estate and a small parcel of that my Lord it was all that was extant I have heard Lawyers say That if there be Commons appurtenant to a Tenement and that Tenement be all burnt down except a small Stick the Commons belong to that one small piece as it did to the Tenement when all standing My Lord I shall humbly offer to consideration whether the King were the King indeed such a one whose Peace Crowns and Dignities were concerned in Publick Matters My Lord he was not in execution of his Offices he was a Prisoner My Lord I will not defer you long neither would I be offensive I had then and I have now a peaceable inclination a resolution to submit to the Government that God hath set over me I think his Majesty that now is is King upon the best Title under Heaven for he was called in by the Representative Body of England I shall during my life long or short pay obedience to him Besides my Lord I do owe my life to him if I am acquitted for this I do confess I did adhere to the Parliaments Army heartily my life is at his mercy if his Grace be pleased to grant it I have a double obligation to him Mr. Sol. Gen. My Lord this Gentleman the Prisoner at the Bar hath entred into a Discourse that I am afraid he must have an answer in Parliament for it He hath owned the King but thinks his best title is the acknowledgment of the People and he that hath that let him be who he will hath the best Title we have done with our Evidence Marten I have one word more my Lord I humbly desire that the Jury would take notice That though I am accused in the Name of the King that if I be acquitted the King is not Cast It doth not concern the King that the Prisoner be Condemned it concerns him that the Prisoner be Tried it is as much to his Interest Crown and Dignity that the Innocent be acquitted as that the Nocent be condemned Mr. Sol. Gen. My Lord this puts us now upon the reputation of our Evidence and you may see how necessary it is to distinguish between Confidence and Innocence for this very Person that desires you to have a care how you condemn the Innocent he doth seem to intimate to you that he is an innocent Person at the Bar and yet confesses he did sit upon the King did Sentence him to Death that he signed the Warrant for the Execution and yet here stands that Person that desires you to have a care of condemning Innocence What is this at the bottom of it but that my Fact is such as I dare not call it Innocence but would have you to believe it such Gentlemen of the Jury was it your intention the King should be so tried as this Prisoner moved It will concern you to declare That the People of England do abhor his Facts and Principles every Fact the Prisoner hath confessed himself the sitting in that Court which was Treason his Sentencing was Treason signing the Warrant for Execution was the highest of Treasons Gentlemen all that he hath to say for himself is there was an Authority of his own making whereby he becomes innocent But we hope out of his own Mouth you will find him guilty Gilbert Millington I desire you to hear me I come not hither to dispute but to acknowledg I will not trouble you with long Discourses My Lord it is not fit for wise Men to hear them I am not able to express them I will not justifie my self I will acknowledg my self Guilty My Lord The reason why I said the last day Not Guilty was in respect of being upon the Scaffold and murthering the King and those things but I will wave all things if your Lordship will give me leave and will go unto the lowest strain that possible can be I will confess my self Guilty every way I was awed by the present Power then in being This I leave with you and lay my self at your feet and have no more at all to say but a few words in a Petition which I desire you will please to accept and so I conclude Counsel We do accept this
I did it ignorantly not knowing what I did I shall not deny the matter of Fact but as to that I pleaded Not Guilty before it was in relation to that which I was ignorant of the Law of the Nation I have not been bred to it I humbly desire your Lordships to consider that what I did was done ignorantly not knowing the Law Counsel What was that Smith I do confess that I sat in the Court I do not remember that I signed or sealed both the Warrants being shewed him adds My Lord I confess the hands are like mine but whether they be so or no I know not Counsel Then we will prove it Is the Seal yours Smith I do not know Counsel Do you confess you were in the Painted Chamber the 29th of January Do you remember any thing of that Smith I do not certainly know that Counsel My Lord he hath said enough Shall the Jury doubt of that which he believes Smith I do not remember that I did write it Counsel My Lord we press it no farther he hath confessed enough Smith My Lord what I have don I beseech you consider I did it in ignorance not knowing the Law there were those about me that were able to call me who were then in Authority whom I dared not disobey if so I had been in danger also Counsel My Lords we have done be pleased to direct the Jury upon these several Evidences and Confessions Smith I beg one word I must declare this I can speak it seriously That from the first to the last of these unhappy Wars I have been a Man of trouble and sorrow I have been as many wiser Men have been run upon Error My Lord I know not what I have done I pray that this Court will be pleased to be a Mediator for me that I may have his Majesties favour and that this Petition may be received on my behalf He then delivered his Petition to the Court. I can rejoice for that happy settlement that is again in the Nations and declare chearfully my humble submission to that Government and desire the Lord will bless and prosper his Majesty and the Parliament in these Nations My Lord I rendred my self according to the Proclamation I shall say no more Lord Chief Baron Gentlemen you of the Jury These Prisoners that stand before you at the Bar that is Mr. Harvy Pennington Marten Millington Titchburn Roe Lilburn and Mr. Smith there are eight these are Persons who by the Act of Indempnity are to be tried for their Lives for the Treasons they have committed but no Execution is to be until the Parliament have further considered the Matter that is before us and you are to find the Matter of Fact What Mercy they shall find hereafter that is to be left as I told you to the consideration of the Parliament we are to proceed according to Law and Justice They are all Indicted for Compassing and Imagining the Death of our late Soveraign Lord Charles the First of most glorious memory And for that that hath been opened to you there are so many Overt Acts which are as so many Evidences to prove that Indictment which is the compassing and imagination of their Hearts to put the King to Death If any one of these be proved that is alone enough to prove the Indictment which is the compassing and imagining of the Heart that is the Treason the other are but Evidences If any thing burst forth from the Mouth or from the Hand as here it is these are Evidences of the imagination of the Heart for this you have heard by the confession of all of them that they did enough to find the Indictment they have all of them confessed their sitting upon the King in that traiterous Assembly which they called the High Court of Justice There is one of the Overt Acts expresly laid down in the Indictment they took upon them an Authority to consider how to put the King to death and that they did put the King to death but they were mistaken as some of them said that the actual murdering of the King was not their meaning But if they did that which tended towards it they are all guilty of Treason it is all one to you if they be guilty of any of these either Sitting Sentencing or Signing they are guilty and all of these except two are guilty of all these The Matter is clear and pregnant there is something hath been said by many of them with a great deal of expression of sorrow they did confess all but one the Fact and that which tended to their defence was ignorance but that doth not at all concern you It will be taken in its due time into consideration the several deportments of them all that is for another Judicature Your business is to find the Matter of Fact only this let me repeat unto you There is Mr. Harvy who hath pleaded several Matters which are not proper for you expressing his sorrow and penitence We shall not trouble you with that because they are for the consideration of another Court We ought all to have a tender compassion ought to be sorry with and for them that are sorrowful The like of Alderman Pennington Marten hath done that which looks forward more than backward I could wish with all my heart he had looked more backward that is to repentance of that which is past than obedience to that which is to come it is a trouble to repeat those things which he said himself and truly I hope in charity he meant better than his words were Millington he hath done the like with the rest confessed the Fact put himself upon Mercy wholly and said He was over-awed by the present Power This I repeat not as any thing to you who are to consider only Matter of Fact For Alderman Titchburn he hath spoken very fully and truly very conscienciously upon the whole Matter acknowledges his ignorance his sorrow his conviction in point of Conscience and I beseech God Almighty to incline his heart more and more to repentance They that crucified Christ to use his own words through ignorance found mercy Colonel Roe He confesses the same wholly and casts himself upon the King's Mercy and he thought it a blessed thing that the King was restored again and submitted wholly to mercy and so did Mr. Lilburn he said he went to his Chamber and mourned the day the King was beheaded I am very glad he had so early a sense of it William Smith He did it ignorantly he was not guilty thus far that was he was led on even like one silly Sheep that follows another by what relation I have heard of the Person at that time he was not thought fit to be of the Privy Council There is nothing more to say to you the Fact is confessed by them all It is so clear you need not go from the Bar. After a little consultation between the Jurors they returned to their places
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
Gentlemen I shall begin to shew you that which all of you might remember that is your oaths of Allegiance and Supremacy and to add to this that obligation which all this whole Nation did oblige themselves to by the Parliament without question then rightly represented and in being the first of K. James whereby to shew you that not only persons but the Body politick of the Nations not only the single Members but the Members in both houses of Parliament were loyal and obedient subjects to the King their head even to yeeld a natural and humble Obedience and Allegiance I told you the Act of the 1. of K. James when K. James came first into Engl. We the Lords and Com. representing the whole People of the Nation the very words of the Act are so primo Jacobi Chapter the first Representing the whole Body of the Nation do acknowledge an humble natural Leige Obedience to the King as Supreme his Heirs and Successors And in the name of themselves and all the people humbly submit themselves untill the last drop of their bloud be spent in defence of the King and his Royall posterity and therefore they did oblige themselves and all the People of England as far as they could represent them the words are more full then I can express them and indeed it is so dark I cannot read them They did acknowledg to be bound to him and his Imperial Crown Remember these were not words of Complement you shall find that they all of them and so did so many of you as were Members of Parliament yea all of you before you came into the House of Commons did take the Oath of Allegiance which was made after this Recognition the third and fourth of King James or otherwise were not to be Members What was that Oath of Allegiance that you took it was That you should defend the King his Person that is in 3 Jacobi Chapter the fourth his Crown and Dignity What was it Not only against the Pope's Power to depose but the words are or otherwise look into the Act and reflect upon your Conscience and you shall find that all did swear to defend the King his Crown and Dignity and there it is called Imperial Crown I would have you lay this to heart and see how far you have kept this Oath Gentlemen In the Oath of Supremacy which you all took therein you did further acknowledg that the King was the only Supream Governour of this Realm Mark the words I will repeat them that you may lay it to heart you that have more time to apply it to your Fact and you that have less time for ought I know you have reason to consider what I have to say you sware then That the King by the Oath of Supremacy which all of you have taken or ought to have taken if any of you have not taken it yet notwithstanding you are not absolved from the obligation of it but most of you did take it there you sware that the King is the only Supream Governor of this Realm and you sware there that you would defend all Jurisdictions Priviledges Preeminencies and Authorities granted or belonging to the King's Highness His Heirs and Successors or united and annexed unto the Imperial Crown of this Realm For the first If the King be Supream then there is no co-ordination Non habet majorem non habet parem that word Imperial Crown is at least in nine or ten several Statutes it is the very word in this Act that was made lately in pursuance of former Acts concerning Judicial Proceedings And so in the time of King Charles they acknowledged him to be their Leige Sovereign I say that word Supream and so the word Imperial Crown is in the first of Queen Elizabeth the third and the eighth of Elizabeth the twenty fourth of Henry the Eighth Chap. 12. there it is said this Kingdom is an Imperial Crown subject to none but God Almighty Before these times you shall find in the sixteenth of Richard the Second the Statute of Praemunire the Crown of England subject to God alone I will go higher William Rufus some of you are Historians and you shall find the same in Eadmerus and also in Matthew Paris shortly after William Rufus his Time when he wrote to the Pope he challenged and had the same liberty in this Kingdom of England as the Emperor had in his Empire mistake me not I speak only as to the Person of the King I do not meddle of Rights between the King and Subjects or Subject and Subject you see in this Case concerning the Death of his Majesty's dear Father and our Blessed Sovereign of happy memory he doth not judg himself but according to Law that which I assert is as to the Person of the King which was the priviledg of Emperors as to their Personal Priviledges if he had offended and committed an Offence he was only accountable to God himself I will come back to what I have said You swore to be faithful to the King as Supreme The King of Poland hath a Crown but at his Oath of Coronation it is conditioned with the People That if he shall not govern according to such and such Rules they shall be freed from their Homage and Allegiance But it differs with our King for he was a King before Oath The King takes his Oath but not upon any condition this I shew you to let you see that we have no coercive Power against the King The King of England was anointed with Oil at his Coronation which was to shew that Absolute Power I do not say of Government but of being accountable to God for what he did The Law saith The King doth no injury to any Man not but that the King may have the imbecilities and infirmities of other Men but the King in his single Person can do no wrong but if the King command a Man to beat me or to disseize me of my Land I have my remedy against the Man though not against the King The Law in all Cases preserves the Person of the King to be untouched but what is done by his Ministers unlawfully there is a remedy against his Ministers for it but in this Case when you come to the Person of the King what do our Law Books say he is they call it Caput Reipublicae salus Populi the Leiutenant of God and let me tell you there was never such a blow given to the Church of England and the Protestant Religion There was a Case and that of the Spencers you shall find in the 7th Report of the Lord Cook in Calvin's Case that Homage is due to the King in his Politick Capacity and then they made this damnable Inference That therefore if the King did not demean himself as he ought that he should be reformed pure aspertee by asperity sharpness or Imprisonment but these were condemned by two Acts of Parliament in Print that they could not do that even
equitie of the Act. They had not all the Authority at that time they were a few of the people that did it they had some part of the Army with them the Lords were not dissolved then when they had adjourned some time they did sit afterwards so that all the particulars you alledge are against you The last thing was this you say that it having pleased God to restore the King Judgement should be given for example for terrour to others that this could not be drawn into example again why because by the blessing of God peace was restored no probability that if your life was spared that it would be drawn again into example this is the weakest thing you have urged you must know the reason there are two things there is the punishment and example punishment goes to the prisoner but example to the documents of all others God knows what such things may be in after ages if there should be impunity for them it would rather make men impudent and confident afterwards if you have any more to say I will hear you if not I must conclude to the Jury You hear the evidence is clear for compassing and imagining the Death of the King you have heard what he has said and what he hath done he has within and examined Witnesses against the King that he was by at the drawing of the charge where it was drawn you hear he exhibited this charge in the name of the Commons assembled in Parliament and the good people of England and what this charge is it is high Treason and other high misdemeanors you find that he does complain of delays dosagain and again speak of this Charge desire it may be taken pro confesso in the close of all it was not so much he as innocent blood that demanded Justice this was more than was dictated to him You have heard the Witnesses he was perswaded to forbear acknowledged the King to be a gracious and wise King The Oaths alledged against him and you have heard his excuse I have nothing to say more I shall be very willing to hear you further I have not absolutely directed the Jury Cook I do humbly acknowledge your patience in hearing me and that your Lordships have truly and justly stated both proofs and my answer If your Lordships are pleased to lay aside these Acts or Orders or Authority whereby I did at that time truly conscientiously act and did think that it would bear me out if you lay aside that and look upon it as so many men got together without authority and aswell those that were instrumental though not sentencers or signers and that clause in the Act I confess I humbly make bold to say I have not received satisfaction in my judgment those very words of not so much I as the innocent blood cries for justice were dictated to me there was nothing at all left to me because his Majesty did not plead there was no Tryal that which I did was according to the best though it may be according to the weakest part of my judgment I have no new matter L. Ch. Bar. You have said no new matter unless it be worse than before for now you warrant that Authority Cook Do not mistake me my Lord I mean so far as to excuse me in the point of High Treason L. C. B. We delivered our opinions as to that formerly we were of opinion that the acting by colour of that pretended authority was so far from any extenuation that it was an aggravation of the thing the meeting by that authoty was Treason and in them that acted under them and approving of it the making of that trayterous pretended Act making the Proclamation sitting upon it they were all so many Treasons That was the reason why that was urged against you assuming upon you the power that was you approving of their power by acting under them so that there is nothing more to be said Gentlemen of the Jury you have heard the indictment was for compassing and imagining the death of the King you have heard the several Overt acts repeated and whether these are guilty of Treason to deliver in a charge against the K. such a one as that was in these words as against a Traytor Tyrant Murderer and implacable enemy to the Commonwealth in these very words to desire Judgement against the Prisoner then the King at the Bar angry at delayes to desire that the Charge might be taken pro confesso to have it expresly again again to demand Judgement if these be not Overt acts of compassing and imagining the Death of the King that which hath been said by the Witnesses it must be left to you I think you need not go from the Bar. Jury went together Silence is commanded Clerk Are you agreed of your Verdict Jury Yes Clerk Who shall speak for you Jury The Fore-man Clerk John Cook hold up thy hand look upon the Prisoner at the Bar how say you is he guilty of the Treason in manner form as he stands indicted or not guilty Fore-man Guilty Clerk Look to him Keeper Clerk What Goods and Chattells Jury None that we know of The Tryal of Hugh Peters the same 13. of October and at the same Bar. Clerk of the Crown SET Hugh Peters to the Bar he was brought accordingly H. P. Hold up thy hand thou standest indicted c. If you will challenge any of the Jury you must challenge them when they come to the book before they are sworn L. Ch. Bar. Mr. Peters You may challenge to the number of 35 peremptiorily but beyond that you cannot without good cause shewn and you may have Pen Ink and Paper Peters My Lord I shall challenge none Jury sworn 12. Sir Jer. Whitch James Hally Christo Abdy Nich. Rainton Rich. Cheyney Jo. Smith Rich. Abell George Terry Charl. Pickern Jo. Nichol. Fran. Dorrington Anthony Hall Cler. Hugh Peters hold up thy hand Look on the Prisoner you that are sworn c. Sir Ed. Turner to the Jury You have often heard repeated to you that the substantial part of the charge is the compassing and imagining the death of the King and all the rest will be but evidence to prove that imagination against the Prisoner at the Bar whom we will prove to be a principal actor in this sad Tragedy and next to him whom God hath taken away and reserved to his own Judgment and we shall endeavour to prove That he was a chief Conspirator with Cromwell at serveral times and in several places and that it was designed by them We shall prove that he was the principal person to procure the Souldiery to cry out Justice Justice or assist or desire those for the taking away the life of the King He did make use of his profession wherein he should have been the Minister of peace to make himself a Trumpeter of war of Treason and Sedition in the Kingdom He preached many Sermons to the Souldiery in direct
Executioner and such other Acts prove these are in your Commission and you say something I am sure you cannot be ignorant that That very Authority that you do now urge to give life and power to your Actions that you destroyed it laid it in the dust acted contrary to it several ways when the Parliament protested against fetching the King from Holmby as they did when they went on proceeding in the way of peace then came you up to the Bar I think you your self and charged some of the Members first 11 as rotten Members and these Men were forced away this you know your General had no Commission to do and this you know was a Violation of that Power that gave our General the Commission After that when the Treaty was brought on in the Isle of Wight when there was great hopes of peace then you knew the King was hurried thence by Force which the Parliament protested against After that when both the House of Commons and Lords came to consider of one particular that passed they resolved that it was sufficient ground to proceed on for the settlement of peace then did you fall upon these Houses and tear them in pieces and throwing out above 200 suffering only about 40 to remain and they were glad to send for one Member out of Prison to make up a House That which you say of the Supreme Authority and that by Vertue of which you did Act it shews that you did not at all go by any Authority but you followed your own Lusts and therefore do not few these Fig-leaves together which will stand you in no stead if you would apply your self to answer that which you were charged with it were something Axt. I do desire to have no more interruptions then is me◠〈◊〉 making my own Defence My Lord here are many things by way of motive urged to the Jury which is not within the Charge I desire I may have that fair play that nothing may be urg'd but what is in the charge L. Ch. Bar. You give the occasion Mr. Axtell keep to the matter and you shall not be interrupted Lord Hollis I shall be very sorry to urge any thing against you which doth not necessarily follow for what you say touching your Authority I shall shew you have no Authority Axtell My Lord I have the same Commission as the General what I did was not of mine own head I had a Command As for all that hath been charged against me I shall say this I was none of the Court I did not fetch the King from the Isle of Wight nor advised compassed or imagined his Death or sentenced him to Death or signed the Warrant for his Execution or Executed Him I am none of them My Lords and therefore whoever did make any breach upon the House of Commons they were Grandees persons of a greater Quality I was an inferior Officer I was never at the House Bar but upon presenting one Petition to the Parliament from the Army I shall now come to speak to the Evidence which hath been given particularly against me and the first my Lord is Mr. Simpson he saith I had the Commands of the Guards at Westminster-Hall My Lords I have told you already shewn you by what Authority I came thither and that I ought not to refuse if I had according to the laws of War I must have suffer'd death and that is all as to Mr. Sympson only that a Lady he knows not who spake something there L. Ch. Bar. He saith he heard you bid the Souldiers give fire against the Lady Axt. My Lord I must say if there was any Lady that did speak who she was I know no more than the least child here but my Lord to silence a Lady I suppose is no Treason If a Lady will talk impertinently it is no Treason to bid her hold her tongue L. Ch. Bar. A Lady was speaking pertinently enough when she heard Bradshaw say to the King such a Charge is exhibited a charge of High Treason against Him in the Name of the Commons assembled in Parliament and the good People of England she said That was a lye not half nor a quarter of the people of England That Oliver Cromwel was a Traytor Then you took upon you to command Souldiers to fire at her and accordingly they levelled the muzles of their Musquets towards her Axtell My Lord as to that particular concerning Oliver Cromwell or any other words concerning the Court I understand them not but if any interruption was made to preserve the peace to desire a Woman to hold her tongue is no Treason To the next particular wherein Col. Huncks saith at a door at a certain lodging where Ireton and Harrison were in Bed together he saith that upon his refusal to sign the Warrant for executing the King I said to him Col. Huncks I am ashamed of you the Ship is now coming into Harbour and will you strike Sayle before we come to Anchor truly my Lord I think all that amounts to nothing if it were so which I deny it for to bring the Ship into Harbor what is that there is no person named Fact named nor Design named and I appeal to my conscience I remember not the time place person or words and I can call for Col. Phayre and Col. Hacker who were there for I desire things may appear right I desire they two persons may be called for their Evidence in that point L. ch Bar. They both are in the same condition Col. Hacker in the prison behind you Col. Phayre in the Tower Mr. Axtell you know the strength of one Affirmative witness I saw such a man and heard such a man say c. is more then if twenty should witness they stood by but did not see him or hear him speak Axt. My Lord he saith only this I saw you at the door going unto Ireton's chamber and said will you strike Sayl c. Truly my Lord he doth not say what or how or any thing I meant there must be according to Sir Edward Cook 's 7th Book of his Institutes that Oracle of the Law he saith That Evidence ought to he as clear as the Sun at noon day All that you can say is this it must be a wide Inference a large Inference I conceive there is nothing in these two witnesses and if the two Prisoners were here they would clear me in this L. ch Bar. If by Law you could have had them you should but I fear if they could be admitted they would not be to your advantage Axtell Then my Lord in the next place Col. Temple is pleased to say that the Lady Fairfax saying something against the Court which in truth as I said before I know not who it was or what the words were he saith I bid Fire against them I did nothing but what I was commanded upon pain of Death to preserve peace and in pursuance of that command from the superior