the Hand-writing of the Prisoner at the Bar The Instrument being shewed him Mr. Farrington I did not see him write it my Lords but I believe it to be his for I have often seen his Hand-writing It is his hand so far as possibly a man can know any Person 's hand that did not see him write Mr. Harrison I desire to see the Instrument Which being shew'd to him he said I believe it is my own Hand Councel That 's the Warrant for summoning that Court that he owns his hand too Court Shew him the other Instrument That being for Execution of the Sentence Mr. Harrison it being shew'd him I do think this is my hand too Councel If you think it the Jury will not doubt it That 's the Bloody Warrant for Execution And we desire they may be both read Mr. Harrison My Lords do these Learned Gentlemen offer these as being any Records Councel No but as your own hand-writing Mr. Harrison If you do not read it as a Record I hope your Lordships will not admit of any thing of that kind against me Councel He knows that a Letter under his hand and Seal may be read in a Court We do not offer it as a Record but prove it by Witnesses that it is your hand-writing Court You have Confessed these to be your hands Whether they are Records or no whether Papers or Letters they may be read against you You signed the Warrant for Convening together those which you called The High Court of Justice and you signed the other Warrant for putting the King to Death You do Confess these two things We do not see what further Use may be made of them Court You might observe how the Indictment was for the Imagining Compassing and Contriving the King's Death To prove that there must be some Overt-Act and a Letter under the Partie's Hand is a sufficient Overt-Act to prove such Imagination to that end these are used Mr. Harrison I do not come to be denying any thing that in my own Judgment and Conscience I have done or Committed but rather to be bringing it forth to the Light Court Sir you must understand this by the way this you must take along with you That these are read not as any thing of Authority in themselves or as used to any other purpose but as an Evidence of the Fact against you Take that along with you The two Bloody Warrants for Trial and for Execution of His Majesty were here read the later of which is as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England Jan. 29. 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other High Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to Death by the severing his Head from his Body of which Sentence Execution yet remaineth to be done These are therefore to will and require you to see the said Sentence executed in the open street before White-hall upon the marrow being the 30th day of this instant Moneth of January between the hours of ten in the Morning and five in the Afternoon of the same day with full effect And for so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good People of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Hunks and Lieutenant-Colonel Phayre and every of them Given under our Hands and Seals Sealed and subscribed BY John Bradshaw Lord President Jo. Hewson Per. Pelham Thomas Grey Oliver Cromwel Edward Whalley John Okey Jo. Danvers Mich. Livesey Jo. Bourchier Hen. Ireton Thomas Maleverer Jo. Blakestone Jo. Hutchinson Will. Goff Thomas Pride Hen. Smith Peter Temple Tho. Harrison Isaac Ewer Val. Wanton Simon Meyn Tho. Horton Jo. Jones Jo. Moor. Hardress Waller Gilbert Millington Geo. Fleetwood Jo. Alured Rob. Lilburn Wil. Say Rich. Dean Rob. Tichbourn Hum. Edwards Dan. Blagrave Owen Roe Will. Puefroy Adrian Scroop James Temple Aug. Garland Edmond Ludlow Hen. Marten Vincent Potter Will. Constable Rich. Ingoldsby Will. Cawley Joh. Barkstead Anth. Stapeley Greg. Norton Tho. Challoner Tho. Wogan Jo. Ven. Greg. Clement Jo. Downs Tho. Wayt. Tho. Scot. Jo. Carew Miles Corbet Mr. Wyndham Gentlemen of the Jury We have done our Evidence and you must know Gentlemen that the principal Point of the Indictment is for Compassing Imagining and Contriving the Death of his late Majesty of Glorious Memory There lies the Treason So saies the Statute of the 25th Ed. 3d. It hath nothing of Killing the King there but of Imagining and Compassing the Death of the King The going about it that 's the Treason as hath been learnedly opened to you The rest are but Overt-Acts If there be such an Imagination or Compassing the Death of the King once declared though no fruit at all follow it is Treason Here certainly you have a very full Evidence given We shew you a Consultation this is one Overt-Act which would do the work if there were nothing else I must tell you and that with Submission to my Lords the Justices if they had advised and gone no further that had been Treason in the Letter of the Law They Convened and met together and suppose then they had absolved and acquitted him do you think they had absolved themselves from Treason With reverence be it spoken if they had acquitted him they had been guilty of Treason Assuming a Power to put the King to Death is an Overt-Act declaring such an Imagination You see this Prisoner was no ordinary Actour in it his Hand is in at all Games Taking of Him Imprisoning of Him bringing Him to London and setting Guards on Him You see also his Malice Let us Blacken Him for they knew His Innocency would Shine forth unless it was blackened by their Imputations He Sate many times as your hear and Sentenced Him and Assented to that Sentence by standing up and likewise by Concluding the Catastrophe of that sad beginning of Sufferings his making a Warrant for his Execution and accordingly you know what did follow I think a clearer Evidence of a Fact can never be given then is for these things Here the Spectatours Hummed Lord Chief Baron Gentlemen This Humming is not at all becoming the Gravity of this Court. Let there be free-speaking by the Prisoner and Counsel It is more fitting for a Stage-Play then for a Court of Justice Mr. Harrison It is now time my Lords to offer what I have to say Have these Learned Gentlemen offered what they will say Councel We have no more till he hath given us occasion not for Evidence of the Fact Mr. Harrison My Lords The matter that hath been offered to you as it was touched was not a thing done in a Corner I believe the sound of it hath been in most Nations I believe the Hearts of some have felt the
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
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
heard the Charge read Hern. I did not hear the Charge read I was not there the first day I heard you confess you had exhibited a Charge of high Treason against the Prisoner at the Bar which was then the King's Majestie Cook Whether I did not in the Charge conclude that all proceedings might be according to Justice Court Read the Title and last Article of that Charge which was accordingly read and follows in haec verba The Title of the Charge The Charge of the Commons of England against Charles Sewart KING of England of High Treason and other Crimes exhibited to the High Court of Justice The last Clause in the Charge And the said Iohn Cook by protestation saving on the behalf of the people of Eng. the liberty of exhibiting at any time hereafter any other Charge against the said Char. Stew. and also of replying to the answers which the said Char. Stew. shall make to the premisses or any of them or any other charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said people of England impeach the said Charles Stewart as a Tyrant Traytor Murderer publick and implacable enemy to the Commonwealth of England and prayeth that the said Charles Stewart King of England may be put to answer all and every the premisses that such proceedings examinations tryals sentences and judgement may be hereupon had as shall be agreeable to Justice Court Mr. Cook will you have any Witnesses examined touching the question you last asked Cook No be pleased to go on Mr. Baker Sworn Mr. Bak. My Lords and Gentlemen of the Jury I was at the High Court of Justice as they called it the first second and third daies not to trouble you with the proceedings of of Bradshaw I will tell you what I observed of this Gentleman I have the notes that I took there and pray that I may read them to help my memory which was granted and then proceeded in this manner That day my Lord Mr. Cook told the Court that he charged the Prisoner at the Bar meaning the KING with Treason and high misdemeanors and desired that the Charge might be read the Charge was this That he had upheld a Tyrannical Government c. and for that cause was adjudged to be a Tyrant c. and did then press that the prisoner might give an answer to that and that very earnestly The second day my Lord he told the Court that he did the last day exhibit a Charged High Treason against the Prisoner at the Bar meaning the King and that he did desire he might make answer to it and he told them also that instead of making an answer to the Court the King had delayed the Court but desired the K. might make a positive answer or otherwise that it might be taken pro confesso The third day my Lord he came and told the Court as before that the King had delayed then and then he charged him with the Highest Treasons and Crimes that ever were acted upon the Theatre of England and then pressed that Judgement might be given against him and another expression was that it was not so much He but the Innocent and precious bloud that was shed that did crie for Judgment against the Prisoner at the Bar this my Lord in substance there were other passages Cook Whether before this time he had not heard some thing of an Act or Order proclaimed at Westminster whether there was any other word in effect used in that charge more than in the Proclamation Mr. Baker I did hear of the Proclamation and Charge and the substance of it I have given an accompt of it and I did hear you press upon it very much the Proclamation I heard of it that it was made forthe summoning of the Court but I did not hear the Proclamation made Cook That that was called the Act of the Commons for Trying of the King Mr. Baker I did hear of the Act but did not take notice of it Mr. George Masterson Sworn Counc Mr. Masterson pray inform my Lords and the Jury what you know touching the carriage of the Prisoner at the Bar at the Tryal of his late Majesty Mr. Masterson My Lords and you Gentlemen of the Jury I was present in that they called the High Court of Justice upon the 22 23. and 27. days of January in the year 1648. I shall wave those circumstances which you have heard and many of which I well remember and what I heard likewise between the King who was then a Prisoner and the then President Bradshaw but concerning the Prisoner at the Bar this I very well remember that upon Munday I heard him say he had exhibited a Charge of High Treason against the Prisoner then the King and demanded how that he might plead to his charge I do very well remember that after some passages between the King and the Court the Prisoner at the Bar desired the King might plead to his Charge or else it might be taken pro Confesso I remember upon the last day the day of that fatal Sentence I heard the Prisoner at the Bar demand in the name of the Commons assembled in Parliament and all the good people of England Judgement upon the Prisoner at the Bar pointing to the King this is all Mr. Burden sworn Councel Do you know who did examine the witnesses against the King and were you examined and by whom Burden By Judge Cook for so he was called in Ireland Councel Did he examine you as a witness against the King did he give you an Oath Burden Yes my Lord and many others Cook This is a new thing I never heard of this before where was it that I examined him I had no power Council No we know that but you were active Court Where was it Cook Whether there were not any others with me in the Room and where it was Burden It was at Westminster-hall within the High Court of Justice Cook Who was there besides me Burden I cannot tell Axtel he was there and I am sure Cook was there Councel Mr. Burden Pray tell my L. the Jury what questions you were examined upon and what they tended to Burden He examined me and gave me my Oath there was eight or nine of us we had been in the Kings Army in former times this Gentleman Col. Axtel brought us in commanded us out of our Company I was in his Company and this Gentleman himself gave us our Oaths he asked us where we saw the King in action I did reply to him and told him I saw him in the Field with his Army he asked me many other questions that I could not tell him he asked me whether I did see the King at Nottingham set up his Standard and I was never at Nottingham in my life these were the questions Mr. Starkey Sworn Court Pray inform my Lords and Gentlemen of the Jury what passed between you and the Prisoner at
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
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
Treason and my Lord had this been in times of peace and had His Majesty been no Prisoner now he was under the power of an Army this had been great Treason but he being a Prisoner not by my means for I was no sword-man what can a man that knows himself innocent being a Prisoner desire more than a speedy Tryal so that making the Tryal more speedy cannot be said to be done trayterously A Tryal doth follow imprisonment as naturally and necessarily as the shadow doth the body If any man shall desire and be instrumental in bringing him to a Tryal which might acquit rather than condemn him and so humbly pray proceedings according to Justice this will have I hope a better name than Treason I am much beholding to His Majesty and this honourable Parli for the penning of the Act of Indempnity which I hope my L. you will give me leave to take notice of Court Open as much as you will of it Cook My Lords the words that I would make use of are in the beginning Treason Murder and other Felonies that are spoken of they are said to be counselled commanded acted or done in the preamble which is as the Key to open the mind and meaning of the Law-makers it is said that all persons shall be pardoned for all excepting such as shall be named and in such manner as they shall be excepted and then it comes provided that this Act shall not extend to pardon such and such persons and by name I am one and it is said all which persons for their execrable Treason in Sentencing to death or signing the Instrument for the horrid murther or being instrumental in taking away the precious life of our late Soveraign Lord Charles the First of glorious memory are left to be proceeded against as Traytors to his late Majesty according to the Laws of England and are out of the said Act wholly excepted and foreprized There is not any thing offered against me upon the two 1st great words which are Sentencing and signing that which I have to do to endeavour to clear my self is this being instrumental in taking away the life of his said Majesty first I humbly offer this to the Juries consideration That where the Parliament doth begin to fix the treasonable part there I hope and no otherwise this honourabe Court will fix it if it had been the Intention that Counsellors advisers and such as spoke their minds sometimes in the business you know that was Epidemical many words were spoken which cannot be justified whether naturally it would not have followed that all such persons for their counselling advising or being instrumental are left to be proceeded against as Traytors I hope you will take that into consideration concerning the words or being instrumental observe it is not said or being any otherwaies instrumental but Sentencing signing or being instrumental if therefore the word Instrumental be not of a general comprehensive nature then all this evidence which hath been given in against me being before the Sentencing and signing will fall to the ground that this is the legal genuine and Grammatical sense cannot be any otherwise than as particular as if it were the Sentencer signer Executioner which if it had been so nothing of the Evidence would have reached me My argument is this such a use is to be made of an Act of Parliament that no word may be frustrate and insignificant but if this Interpretation shall be put upon it sentencing signing or being any way instrumental then the words Sentencing and Signing need not have been if Instrumental will carry the words Sentencing and signing then these words will carry no force atall especially my Lord when there is no need of any retrospect at all if it be so I know not how far it may look back there is no necessity of putting any comprehensive generality upon this word instrumental but that the plain natural sense will be this That those that did sentence and Sign and those that were instrumental in taking away his life that is those that did abet and comfort that person unknown or justifie or countenance him which is after the Sentencing and not before in the legal sense Next I conceive that a Councellor cannot be said to do any thing vi armis It is said that by force and Arms I did abet c. it is Rhetorical to say that words may be as Swords but legal it is not unless there be something vi armis in the Grammatical sense instrumental in taking away the Kings life it is not said instrumental in order to take away the K. life or instrumental in advising to take away the K. life but instrumental in taking away the K. life My Lord The next thing is that there cannot be any thing to be said to be done by me first not falso because in that sense it must have the operation of mendacity that there must be a lie told in it I did nothing but what I was required to do to set down such and such words I did not invent nor contrive them I heard nothing of it till the tenth day of Jan. My Lord for malitiose that I did not any thing maliciously I hope it will appear in this what I then spoke it was for my Fee it may be called avaritia but not malitia for the Law will imply a malice but when there is no other express ground or reason why the thing was done but here was an express ground to speak for my Fee I hope the Jury will take that into consideration Then Secondly I was not Judicial in the Case I was not Magisterial as any Officer but ministerial As touching examining of witnesses it is a great mistake the Court had power to give an Oath I might be there but I had no power to give an Oath but whether I might ask any question I do not remember but that I should give an Oath that is a falsity then my Lord for proditorie I hope there is nothing at all that appears to the Jury so that there was no malice nor trayterous intention in the thing There are some matters of Law which I desire your Lordships will give me leave to speak to and that your Lordships will be of Counsel with me I would offer something concerning his Majesties gracious Declaration from Breda to the Parliament I was then in Ireland I did put in a Petition to the honourable Commissioners before any exception was that I might have the benefit of that Declaration I did lay hold of it My Lords there are two things in that Declaration that I would offer His Majesty saith that for the restoring of the Kings Peers and people of the Kingdom to their just rights and liberties He will grant a free and general Pardon to all excepting such as shall be by Parliament excepted and within three or four lines after it is said a free Parliament though I do not in the
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
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