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
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
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
Terrours of that Presence of God that was with his Servants in those days However it seemeth good to him to suffer this Turn to come on us and are Witnesses that the things were not done in a Corner I have desired as in the sight of him that searcheth all hearts whilest this hath been done to wait and receive from him Convictions upon my own Conscience though I have sought it with Tears many a time and Prayers over and over to that God to whom you and all Nations are less than a Drop of water of the Bucket and to this moment I have received rather Assurance of it and that the things that have been done as astonishing on one hand I do believe e're it be long it will be made known from Heaven There was more from God than men are aware of I do profess that I would not offer of my self the least Injury to the poorest Man or Woman that goes upon the Earth That I have humbly to offer is this to your Lordships You know what a Contest hath been in these Nations for many years Divers of those that sit upon the Bench were formerly as Active Court Pray Mr. Harrison do not thus Reflect on the Court This is not to the Business Mr. Harrison I followed not my own Judgment I did what I did as out of Conscience to the Lord. For when I found those that were as the Apple of mine Eye to turn aside I did loath them and suffered Imprisonment many years Rather then to turn as many did that did put their Hands to this Plough I chose rather to be separated from Wife and Family than to have Compliance with them though it was said Sit at my Right Hand and such kind of Expressions Thus I have given a little poor Testimony that I have not been doing things in a Corner or from my self May be I might be a little mistaken but I did it all according to the best of my understanding desiring to make the Revealed Will of God in his Holy Scriptures as a guide to me I humbly conceive That what was done was done in the name of the Parliament of England that what was done was done by their Power and Authority and I do humbly conceive it is my Duty to offer unto you in the beginning that this Court or any Court below the High Court of Parliament hath no Jurisdiction of their Actions Here are many Learned in the Law and to shorten the Work I desire I may have the help of Councel Learned in the Laws that may in this matter give me a little assistance to offer those Grounds that the Law of the Land doth offer I say what was done was done by the Authority of the Parliament which was then the Supreme Authority and that those that have Acted under them are not to be questioned by any Power less than them And for that I conceive there is much out of the Laws to be shewed to you and many Presidents also in the Case Much is to be offered to you in that according to the Laws of the Nations that was a due Parliament Those Commissions were issued forth and what was done was done by their Power And whereas it hath been said we did Assume and Usurp an Authority I say this was done rather in the Fear of the Lord. Court Away with him Know where you are Sir You are in the Assembly of Christians Will you make God the Author of your Treasons and Murthers Take heed where you are Christians must not hear this We will allow you to say for your own Defence what you can And we have with a great deal of Patience suffered you to sally out wherein you have not gone about so much for Extenuation of your Crimes as to Justifie them to fall upon others and to Blaspheme God and commit a new Treason For your having of Councel This is the reason for allowing of Councel when a man would Plead any thing because he would Plead it in Formality Councel is allowed But you must first say in what the Matter shall be and then you shall have the Court's Answer Lord Finch Though my Lords here have been pleased to give you a great Latitude this must not be suffered that you should run into these damnable Excursions to make God the Author of this damnable Treason Committed Mr. Harrison I have two things to offer to you to say for my Defence in Matter of Law One is That this that hath been done was done by a Parliament of England by the Commons of England assembled in Parliament and that being so whatever was done by their Commands or their Authority is not questionable by your Lordships as being as I humbly conceive a Power Inferiour to that of an High Court of Parliament That 's one A second is this That what therefore any did in obedience to that Power and Authority they are not to be questioned for it otherwise we are in a most miserable Condition bound to obey them that are in Authority and yet to be punished if obeyed We are not to Judg what is lawful or what is unlawful My Lords Upon these two Points I do desire that those that are Learned in the Laws may speak too on my behalf It concerns all my Countreymen There are Cases alike to this you know in King Richard the Second's Time wherein some Question had been of what had been done by a Parliament and what followed upon it I need not urge in it I hope it will seem good to you that Councel may be assigned for it concerns all my Countreymen Councel You are mistaken if you appeal to your Countreymen They will cry you Out and shame you Mr. Harrison May be so my Lords some will but I am sure others will not Mr. Sollicitor Gen. These two Points my Lords are but one and they are a new Treason at the Bar for which he deserves to dy if there were no other Indictment It is the Malice of his heart to the Dignity and Crown of England I say this is not matter for which Councel can be assigned Councel cannot put into Form that which is not Matter Pleadable it self It is so far from being true that this was the Act of the Supreme Parliament of the People of England that there was nothing received with more Heart-bleeding than this Bloody Business But that the World may not be abused by the Insinuations of a man who acts as if he had a Spirit and in truth is possessed I will say That the Lords and Commons are not a Parliament That the King and Lords cannot do any thing without the Commons Nor the King and Commons without the Lords Nor the Lords and Commons without the King especially against the King If they do they must answer it with their Head for the King is not accountable to any Coercive Power And for the Prisoner to Justifie his Act as if it were the Act of the Commons of England
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
with your Countrey that chose you for that Place You know that no Act of Parliament is binding but what is Acted by King Lords and Commons And now as you would make God the Author of your Offence so likewise you would make the People guilty of your Opinion But your Plea is over-ruled To which the Court assented Mr. Harrison I was mistaken a little Whereas it was said the Points were one I do humhly conceive they were not so I say what was done was done in Obedience to the Authority If it were but an Order of the House of Commons thus under a Force yet this Court is not Judge of that Force I say if it was done by one Estate of Parliament it is not to be questioned Court It was not done by one Estate They were but a Part nay but an eighth Part. Denz Hollis It was not an House of Commons They kept up a Company by the power of the Sword Do not abuse the People in saying It was done by the Supreme Power Councel My Lord if it were an House of Commons neither House of Commons nor House of Lords nor House of Lords and Commons together no Authority upon Earth can give Authority for Murthering the King This that he alledgeth is Treason my Lord this that is said is a clear Evidence of that which is charged there is only this more in it he hath done it and if he were to do it again he would do it Lord Chief Baron It is clear as the Noon-day that this was not the House of Commons Suppose it had been an House of Commons and full and suppose which far be it from me to suppose they should have agreed upon such a Murtherous Act for the House of Commons to do such an Act it was void in it self nay any Authority without the House of Lords and King is void You plead to the Jurisdiction of the Court whether we should Judge it or no. Yes I tell you and proper too We shall not speak what Power we have The Judges have Power after Laws are made to go upon the Interpretation of them We are not to judge of those things that the Parliament do But when the Parliament is purged as you call it for the Commons alone to Act for you to say that this is the Authority of Parliament it is that which every man will say Intrenches highly upon his Liberty and Priviledge And what you have said to your Justification what doth it tend to but as much as this I did it justifie it and would do it again which is a new Treason The greatest Right that ever the House of Commons did claim is but over the Commons Do they claim a particular Right over the Lords Nay over the King Make it out if you can but it cannot possibly be made out What you have said doth aggravate your Crimes It is such an approvement of your Treason that all Evidences come short of it King Lords and Commons is the Ground of the English-Law Without that no Act of Parliament binds Justice Mallet I have been a Parliament-Man as long as any man here present and I did never know or hear that the House of Commons and Jurisdiction over any saving their own Members which is as much as I will say concerning the Parliament I have heard a Story of a Mute that was born Mute whose Father was slain by a Stranger a man unknown After twenty years or thereabouts this Mute-man fortuned to see the Murtherer of his Father and these were his Words Oh! here is he that slew my Father Sir The King is the Father of the Country Pater Patria so saith Sir Edward Coke He is Caput Reipublicae the Head of the Common-wealth Sir What have you done Here you have cut off the Head of the whole Common-Wealth and taken away Him that was our Father the Governour of the whole Countrey This you shall find Printed and Published in a Book of the greatest Lawyer Sir Edward Coke I shall not need my Lord to say more of this Business I do hold the Prisoner's Plea vain and unreasonable and to be rejected Justice Hide I shall not trouble you with many Words I am sorry that any man should have the Face and Boldness to deliver such words as you have You and all must know That the King is above the Two Houses They must propose their Laws to him The Laws are made by Him and not by Them by their consenting but they are His Laws That which you speak as to the Jurisdiction you are here Indicted for High Treason for you to come to talk of Justification of this by Pretence of Authority your Plea is naught illegal and wicked and ought not to be allowed As to having of Councel the Court understand what you are upon Councel is not to be allowed in that Case and therefore your Plea must be over-ruled Mr. Justice Twisden I shall agree with that which many have already said onely this You have eased the Jury you have confessed the Fact I am of the same Opinion that you can have no Councel therefore I over-rule your Plea if it had been put in never so good Form and Manner Earl of Manchester I beseech you my Lords let us go some other way to work Sir William Wild. That which is before us is Whether it be a matter of Law or Fact For the matter of Law your Lordships have declared what it is his Justification is as high a Treason as the former For matter of Fact he hath confessed it I beseech you My Lord direct the Jury for their Verdict This Gentleman hath forgot their Barbarousness they would not hear their King Court No Councel can be allowed to Justifie a Treason that this is a Treason you are Indicted by an Act of the 25th of Edw. 3d. That which you speak of the House of Commons is but part of the House of Commons they never did nor had any power to make a Law but by King Lords and Commons and therefore your Plea is naught and all the Court here is of the same opinion if they were not they would say so therefore what you have said is over-ruled by the Court. Have you any thing else to offer Mr. Harrison Notwithstanding the Judgment of so many Learned ones that the Kings of England are no ways accountable to the Parliament The Lords and Commons in the beginning of this War having declared the King's beginning War upon them the God of Gods Court Do you render your self so desperate that you care not what Language you let fall It must not be suffered Mr. Harrison I would not willingly speak to offend any man but I know God is no Respecter of Persons His setting up his Standard against the People Court Truly Mr. Harrison this must not be suffered this doth not at all belong to you Mr. Harrison Vnder Favour this doth belong to me I would have abhorred to have brought him to Account
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
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
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
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
terms for taking away the King comparing the K. to Barabbas He was instrumental when the Proclamation for the High Court of Justice as they called it was proclaimed directing where it should be proclaimed and in what place When the King was brought upon the stage that mock-work he was the person that stirred up the Souldiery below to cry for Justice we shall shew you as he preached at several times upon several occasions still he was in the Pulpit to promote this business the next day after he was brought to tryal he commends it you shall hear all out of the mouth of the Prisoner therefore I say no more call the witnesses Dr. William Young sworn Council Tell my Lords and Jury what the Prisoner at the Bar has declared to you concerning the contrivance of bringing the King to Tryal Dr. Young My L. and Gentlemen of the Jury It was near about and that the Prisoner may remember the moneth of July 1648. since we came first acquainted when he went over to Ireland it was about the Siege of Pembroke Castle but afterwards in the year 1649. we renewed our acquaintance he went over into Ireland with that Usurper the late Protector as he was called after the Town of Wexford was taken coming over he fell sick of the flux and said he received it by infection praying over Captain Horton Coming into Milford that Captain sends a summons to me to come on board that was to fetch this prisoner at the Bar who was sick I found him there groveling upon the deck and sick he was indeed with much difficulty we got him on shore within a very few dayes to the best of my remembrance five days I perfected his cure We became very familiar I observed in him that he had some secret thoughts that I could not well discover neither well understand whereupon I thought it might tend to my security that I should so much sympathize with him to get within him to know his intentions After some weeks for he continued with me ten weeks or near thereabouts some few days rather over than under we grew so familiar that at last I found he began to inlarge his heart to me Many times I should hear him rail most insufferably against the Blood Royal not only against our Martyred King but against his Royal off-spring still as we continued our acquaintance he became more and more open to me so we would sit up discoursing till about twelve or one of the clock at night very often about these unhappy wars late in England At last my Lord I found him that he began to tell me how he came into England and upon what account he came out of New England I shall desire that in regard his discourses were various that I may deliver them orderly they were delivered to me within the compass of ten weeks but the days and weeks I cannot remember First he told me discoursing of New England and the Clergy there and much of the Clergy here in England and of the business here of reformation he told me that for the driving on of this interest of this Reformation he was imployed out of New England for the stirring up of this war and driving of it on this I shall my Lord speak to in the first place and that upon the oath I have taken and secondly he was pleased at another time to acquaint me and that by way of complement complaining then against the Parliament saying that sometime after he was come into Engl. he was sent over into Ireland by the Parliament to receive further instructions to drive on the design to extirpate Monarchy saith he I did dispend a great deal of my own money yet never had that satisfaction from them which they promised me that was they promised me 2 or 3000 l. for my journey and yet they have given me no more but only a small pittance of land out of my Lord of Worcesters estate in Worcester-shire I have seen his letters directed to his kinsman here in London as I take it his name was Parker advising him for the settling of this land and selling it Thirdly my Lord I have observed that by way of vilification of the Monarchical Government I have found him jocundarily scoffing at it and would ordinarily quibble in this manner saying this Common-wealth will never be at peace till 150. be put down I asked him what this 150. was he told me three L's and afterwards interpreted the meaning to be the Lords the Levites and the Lawyers with that said I we shall be like Switzers Tinkers and Traytors Now my Lord we are come to the last particular we discoursing thus frequently and withal he was then a Colonel and had a Commission under that Usurper Oliver and brought over his Commission for raising of Souldiers to foment that War in Ireland that it was so I appeal to the dictates of his own Conscience and whether he did not press me very importunately to accept of a Commission of Major or a Captain he did issue forth two Commissions under his own hand one of them to bring over from Devon-shire two foot Companies unto Cork My Lord because we were militarily affected amongst the discourses of our unhappy wars I know not how it came from him it being near eleven years since and I have had many sufferings incumbent on me so that I may fail in some particulars but in general thus it was we were discoursing concerning our Martyr'd King as then we call'd him and of his Imprisonment in Holmeby-House which I wondered at thus we discourst he told me the story how they had used him at Holmeby and at last came up to this when he was taken away from Holmeby House the Parliament had then a design to have secured O. Cromwel and my self being then in London saith he we having intelligence of it escaped out of London and rode hard for it and as we rode to Ware we made a halt and advised how we should settle this Kingdome in peace and dispose of the King the result was this They should bring him to justice Try him for his life and cut off his Head whether this was the expression of Cromwel I cannot tell but to the utmost of my remembrance and I am mistaken if it was not the advice of Mr. Peters to Cromwel and I believe it because his former relations of his instructions out of Ireland did tend to that effect Mr. Soll. Gen. I will ask you this question we will not press you particularly upon your memory whether Cromwel or Peters said the words do you remember he confessed to you they were agreed upon that matter Young They did consult and agree upon it Peters My Lord I desire to speak a Word his voice being so low he was brought to the second Bar. I am the bolder to speak to your Lordships at this time a word and it is high time to satisfie my conscience if these things were true
it is very sad but if you will go you may I did go over the Park Coun. What time Glover About noon Coun. What hour Glover I do not know I did not stay there the soldiers and the people fill'd the place and I went back again to the chamber I came back again within a matter of an hours time Coun. Was the King dead before you came back again Glover They said he was not when I went home he asked me what was doing I told him there was a great croud I could not come near I staid there an hour and then went out again and still there was a croud and I came back again and M. Peters was in his chamber then Coun. Was he in bed or up Glover I do not remember Coun. How old were you then Glover I am not above 32. or 33. Coun. Was Mr. Peters sick Gl. Yes He was melancholy sick as he used to be L. Ch. Bar. How long have you been at the Post-office Gl. About five years L. Ch. Bar. M. Peters have you any more to ask him Peters I brought him to testifie that I was not out of my Chamber that day and that I was sick L. Ch. Bar. Did you desire to go or did he send you Gl. I did desire to go being newly come to London Lord Ch. Baron This Gentleman though not upon oath is examined and it is only to one particular nothing at all to the main proofs Peters I bring him only to vindicate my self from that aspersion of my being upon the Scaffold L. Ch. Bar. They do not lay the weight of their evidence upon that The Kings Councel have done with their evidence if you have any thing to say you have your liberty Peters May it please your Lordships I will give you an account of the business I lived fourteen years out of England when I came over I found the wars begun I began no war my Lord nor have been the Trumpeter when I came out of the West Indies I fled from the War into Ireland to the Western part there and it was after the Rebellion when some of the Irish had been stirring there I went and spent my time there I was neither at Edge-hill nor Naseby but my Lord after I came over there was War that the people were engaged in I was not here in the beginning of it but was a stranger to the carriage of it When I came into the Nations I looked after three things one was that there might be sound Religion The second was that learning and Laws might be maintained The third that the poor might be cared for and I must confess I have spent most of my time in these things to this end and purpose there was a noise in all parts of some miscarriages in matters of Religion after it was setled I lived in Ireland I must profess for my own part solemnly that my carriage hath been upon these heads For Religion I have through Gods mercies spoke the truths of the Protestant Church upon this account I did stay to see what God might do I was sent over to his Majesty that we might have a little help in point of Excise and Customes and encouragement in learning My Lord this is true that I being here in the Nation and being sent over upon the occasions of the Countrey and not upon any design but this I say I cannot deny it that after I came over and had seen the state of England in some measure I did stir but by strong importunities the Ministers of London deeper than I I am very sorry to hear of my carriage towards the King it is my great trouble I beg pardon for my own folly and weakness I thought God had a great controversie with the Nation and the Lord was displeased on all hands that which some people took to I did take unto I went into the Army I saw at the beginning of it that corruptions grew among them I suppose none can say I have gone aside from any Orthodox truth of the Lord And now to take off the scandal upon me and to the business let me beg of your Lordships to consider whatever prejudices or revenge may take up mens hearts there is a God that knows all God hath a regard to the people of England I look upon this Nation as the Cabinet of the world That that doth concern the business is this my Lord that after this time hither I came and did bear witness to all the world that there was amongst us something that was for better and some thing worse for the Nation I took advice of some great persons concerning the weightiness of it I had neither malice nor mischief in my heart against the King upon this I did engage so far as being invited I went into the Wars and there I found very strange and several kinds of providences as this day hath been seen I do not deny but that was active but not to stir in a way that was not honourable I challenge a great part of the Nations to manifest my carriage among them I shall make it good divers ways I had so much respect to his Majesty particularly at Windsor that I propounded to his Majesty my thoughts three ways to preserve himself from danger which were good as he was pleased to think though they did not succeed and the work died as for malice I had none in me It is true there was a difference amongst us an Army and an Army I never had a groat or penny from O. Cromwel since I knew this place I profess I have had no ends for honour or gain since I set foot upon this shore I challenge any man that belonged to that party whether they had not the same respect from me as my own party I have not persecuted any with malice I will only take off malice L. C. B. Your business is matter of fact Peters I am unskilful in Law this that I offer is to shew that I had no malice in me I was so far from malice that I have a Certificate if worth the reading from one of the Eminentest persons in the Nation to shew I had no malice It is concerning the Marques of Worcester under his Ladies hand beginning with these words I do here testifie that in all the sufferings of my husband Mr. Peters was my great friend c. I have here a seal and then produced it that the Earl of Norwich gave me to keep for his sake for saving his life which I will keep as long as I live L. C. Bar. I am not willing at all to interrupt you or hinder you that which you speak of doing good services is not at all to the point we do not question you for what good you have done but for the evil you have done I hope there is no malice in your heart nor upon the Court nor Jury we and they are upon our Oaths you hear the matter alledged against you pray
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
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
the contrary I leave it upon the consciences of the Jury to weigh it carefully how I could be guilty of Compassing or Imagining the Death of the King when nothing is charged against me to be either of Counsel Sentencing or Signing or to be at the Execution only one man as I told you before he spoke something wrathly and that he had suffered much and therefore he is come over now and saith I should send for the Executioner which I never knew of or had any hand in sending for how much validity that hath I leave to the Jury if it were so it is not treason for words may make a Heretick not a Traytor I speak that by way of preface I do humbly conceive that these being only noted words Execution and Justice the King not so much as named nor any thing done to it by me I say I conceive it doth not amount to Treason by the Law and besides it is against the Law of the great Judg the Judg of Judges all of us that are now and are to come shall stand before him to receive our deserts I say it is against the Law of God to make me an Offender for a word for a word I have heard the Judges say that the Laws of England are grounded upon the Laws of God and the Laws of England are Laws of mercy not of rigour My Lord if a man shall be destroyed in his Life in his Posterity for a word admit the thing had been so I leave upon the consciences of my Jury before the presence of Jesus Christ and before whom they and I must come to be rejudged again at the Tribunal and besides it is only words and words uncertain and Sir Edward Cook saith he must declare plain truth in matter of Treason nothing must be taken for Evidence that may be a presumption or inference or strain of wit I hope upon this consideration that the word Justice fixed upon me by two Witnesses may be taken up at second or third hand from the People or Souldiers by chastising them for the Tumult Then my Lord in the next place these words were never put in writing and so not Treason then my Lord there was never an overt act done by me for that Act of Indemnity that his Majesty and both Houses of Parliament passed wherein they were pleased the very last to except me I wonder'd when I came to be excepted of that number I do come back to the place where I left and that is the overt act My Lord I would only bring it in in this place when I was excepted by the House of Commons one of the twenty I was excepted thus not extending to life I went up and down free at noon day I did not hide my self ingaging a person that was one of his Majesties Servants to do me a courtesie he promised me he would do it and contrary to his promise he was pleased to bring the Kings Warrant to carry me to the Tower and after that I came to be excepted with that black Catalogue of excepted persons and to be brought to the Tryal of the Law Now my Lord I return to that overt act as it was but words uncertain and they may be words repeated from the third or the fourth hand for they were not put in writing according to that Act of Indemnity which I understand the meaning of to be thus That for their Execrable Treasons in Sentencing Signing or otherwise Instrumental they are excepted out of this Act and to be Tryed according to the Laws of this Nation I understand that to be Instrumental to be Instrumentally the Executioner of the King I never had any hand in that Upon the whole this is the Fact that is proved by two Witnesses they heard me say Justice and Execution which must relate to the Execution of Justice which by the Law of God is not Treason especially when there was not the word King for a word to take away and destroy so many my Life Wife Children and many Fatherless that are under the Charge of the Prisoner at the Bar is very sad the words I do not grant but upon such probabilities as I have said I might repeat them I will Justice you I will Execution you and then the words were not written I say as Sir Edw. Cook said they may make a Heretick but not a Traytor the other part of the Evidence is this that I was there with Souldiers at Westminster-Hall I must say if that be Treason to be guided by Judgment of Lords and Commons in Parliament I must say if that be Treason to take up Arms for a Parliament upon such Grounds and Expositions of the statute which they have made and published by their own Authority if I am Guilty under the General then the Parliament would be guilty of Treason L. Ch. Bar. That you have spoke to I am loath to interrupt you Axt. I thank your Lordships for informing me but I was commanded to be there by my General if I had not gone I must have dyed I did only stand there for preservation of the peace in no other sense if the General order me to be at such a Rendezvous I must be there if I disobeyed he would have condemned me by the Law of War The next thing against me material are these two things that is that I should send one Elisha Axtell for the Executioner I must say it is most Admirable such things should be laid to my charge I hope your Lordships and the Jury do observe he told you he suffered much and a poor man under his extremities and losses and sufferings perhaps might start some unadvised words and being now sent over may ascertain it But doubtless this Elisha Axtell being in Ireland if by command it had been so would have been sent over truly I must say I had no hand in the business it was left wholly to them amongst themselves and what ever was done or whatever was said it was said and done by them I never was acquainted with any thing of that nature he said he heard I should send Elisha Axtell for an Executioner if hearsays may be Treason it will be a hard Lesson and my Lord Sir Edw. Cooke saith there must be two witnesses here is but one It comes from such a man my Lord as the providence of God but I will say no more as to that but pray the Jury will take notice of it L. Ch. Bar. You need not doubt of it it shall be taken notice of this of Burden Axt. Now my Lord I have but two or three words more the Statute of the 25th of Edward the Third it doth intend private persons my Lord here is my Commission L. Ch. Bar. It is owned you had it from your General Axt. My Lord his Majesty is pleased to say in his Gracious Letter We do by these presents declare That we do grant a free and General Pardon to all our Subjects of
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
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
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
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
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