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A74264 The tryall and condemnation of Mr. John Cooke, sollicitor to the late High-court of injustice. And Mr. Hugh Peters, that carnall prophet, for their several high-treasons, &c. At the Sessions-house in the Old-baily, on Saturday the 13. of October, 1660. Together with, their several pleas, and the answers thereunto. Peters, Hugh, 1598-1660.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex) 1660 (1660) Thomason E1046_6 7,008 15

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THE TRYALL AND CONDEMNATION OF Mr. JOHN COOKE Sollicitor to the late High-court of Injustice AND Mr. HUGH PETERS that carnall Prophet For their severall High-treasons c. At the Sessions-house in the Old-baily on Saturday the 13. of October 1660. Together with Their severall Pleas and the Answers thereunto PROVERBS 25. V. 5. Take away the wicked from before the King and His Throne shall be established in righteousness LONDON Printed for John Stafford and Edward Thomas 1660. ON Saturday the 13th of October The Kings Lords Justices for Tryal of those Traytors who took away the Life of the King called to the Bar. Mr. John Cook Solicitor to the High Court of Injustice Mr. Hugh Peters the Grand Impostor and Designer of that wicked Act. After the Jury was Sworn and the Indictment Read The Kings Council spake as followeth Gent. of the Jury The Prisoner at the Bar stands Indicted that he with others did Imagine and Contrive the Death of the King our Late Soveraigne of ever blessed Memory The circumstances of the Indictment is onely to shew that they sate as Judges for the Trying Sentencing and Condemning his said Late Majesty And the prisoner at the Bar as a Wicked Instrument stood by and set his Hand to a Wicked Libel charging his Majesty with Murder High Treason c. He makes a large discourse te prove Innocency it self guilty of high Treason he is the Man that would not suffer the King to speak he interrupts him in what he had to say he moved the Court that if he would not plead it should be taken pro confesso He prest the Court for Judgement was angry with them because they admitted of delayes he prest the court for Judgement afterwards demanded Sentence thereupon And he was the man that did it against his conscience for he said that the King was a Wise and a Gracious Prince but that he must Dye and Monarchy with him And before we have done my Lord we shall prove his Treason and the reward of his Iniquity The VVitnesses are called and Sworn to this effect That he Exhibited a Charge of High Treason against the King That he moved in case the King would not plead the matters in the charge should be taken pro confesso That he demanded Judgement of the court and said that the blood that had been spilt cryed for it That he did not only demand but several times pressed that Judgement might be given Lastly And that he was angry that the Court did not proceed to give Sentence After severall Circumstances between the Prisoner and the Court the Prisoner stood up and spake as folfoweth My LORD I may say as Paul speaks in the Acts of the Apostles Against the Law and Against Caesar I hope I have not Offended The Matters which are charged against me do consist in a Narrow compasse the substance whereof I conceive will come within the three heads following 1. That I with others did Imagine Consult and Contrive the Kings Death 2. That for the perfecting of that Conspiracy I with others did assume Power and Authority over the King 3. That there was a Person unknown that did Cut off the Kings Head and that I was Aiding Abetting Assisting and Comforting the Person that did the same My Lord I have very few words to offer for my self and therefore I hope the Court will give me Liberty If it appear that I did never Propound Consult Advise Attempt Imagine or any way Council the Death of his Late Majesty then I hope I shall not be found Guilty My Lord I was appointed together with Doctor Dorisleus and Mr. Aske to consider and contrive a Charge against the King and had an Order sent me to that purpose now my Lord I conceive that it cannot be said that I did that Malicioufly which I was Required and had an Order to do I Acting in my Sphear as a Counsellour and no otherwise and not exceeding the bounds of that aforesaid Order The next thing I desire to plead to my Lord that words will not amount to High Treason and words is all that I am taxed with words may declare a man to be a Heretick but not a Traytor but it is objected that I put that Treason into writing To which my Lord I answer whether there be any full proofe that I set my hand to that Charge that which I writ was only after another as it was Dictated to me although the Words were Treason in themselves yet I onely writing them after another that speaks them I hope it will not be accounted Treason in me considering that Treason comes from a traiterous Heart and a secret imagination to do the Act. The next thing is this my Lord it is said that I prayed the Justice of the Court against the King I hope my Lord that that very thing cannot be called Treason for if the word be considered in the plain Legal Genuine and conspicuous interpretation it will bear no other construction then this that whereas those Gentlemen brought the King to the Bar it was prayed by me that they would do him Justice I hope it will appear that I have good council and that I did not exceed the bounds of my imployment I put no other words within that Charge but what was within the Order which Authorized that Court. Now my Lord if I only proceeded according to the merit of the cause and declared onely in general that it should be according to Justice and that must be according to Law I hope my Lord that where a double construction may be made of the words the most favourable may be interpreted for me especially since where there is a desire of doing Justice there can be no intention of injustice for my Lord if justice be demanded and injustice done thereupon I could not any way help it I say my Lord there is a double construction of the words demanding Justice or Judgement a judgement of acquittal and of condemnation Now my Lord if those that were intrusted with that businesse knew no Law to take away his Majesties Life and I only demanding their judgement did not give mine and I appeal to those Learned Gentlemen that are skil'd in the Law whether they have not been sorry when a Cause hath gone on their Clients side when they have found the cause wrong and so was I in this Again my Lord I desire your Lordship to consider that his Majesties condition at that time was very sad as being a Prisoner under Force of an Army c. I hope my Lord that my drawing up a Charge against him advisedly was rather a service to him then a disservice in regard that to make his Tryal the more speedy was to desire his Releasment as knowing no Law to detain him and therefore to pray proceedings according to justice was but to desire his Discharge which I hope will beget in your Lordships a better reputation of me then a Traytor He proceeded to