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A52526 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 the caballists, preperatory to that hellish fact exposed to view for the reader's satisfaction, and information of posterity. Nottingham, Heneage Finch, Earl of, 1621-1682. 1679 (1679) Wing N1404; ESTC R17120 239,655 332

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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
crimes soever they have committed Except such as by a Free Parliament shall be excepted a legal Parliament called by the Writ of the King which this Parliament is not To that I give these answers First my Lord I do say that this letter of our gracious Soveraign from Breda in it self undoubtedly is no Pardon in Law for Treason that cannot be without the Broad Seal Next a Pardon under the Great Seal in such a form of words as this is would not be a Pardon for Treason for that must not be pardoned by implication but by positive words so in the Case of Sir Walter Raleigh a Commission directed to our well be loved Subject would not pardon the Treason of which he was condemned In the next place this Letter at the most is but a pardon in honour which must always be taken according to the meaning And that the Kings Honour may for ever be sacred I say this Letter doth no way help the Prisoner at the Bar. First it is plain by the very Superscription of this Letter 〈◊〉 which the Declaration was inclosed that it is directed to the Speaker of Our House of Commons in Parliament assembled which cannot possibly be expounded of any other Parliament than that which was then sitting to whose Speaker it was written Secondly the Letter it self says we have left it to you to provide for security and Indempnity and again if there be a ●●ying sin for which the Nation may be involved in infamy 〈◊〉 cannot doubt but you will be as solicitous to vindicate as we can be And then in this very letter encloseth that declaration upon the penning of which the prisoner so much relies Now lay all together and it is clear the Parliament meant by the Declaration must be the same Parliament which was meant by the Letter and that was this very Parliament whom the King intended to trust both with Indempnity and with the vindication of his Fathers death and to be the dispensers both of mercy and Justice in this particular Another thing is this This very Parliament as the Prisoner observes they did go to the King according to His gracious letter and in the behalf of all the good people of England they did lay hold of the Kings mercy in His letter and Declaration and prayed that this claim by their Speaker in the behalf of all the rest of the Commons of England might be effectual to all purposes and for all persons other than those that should be by themselves afterward excepted according to their requests His Majesty accepts their Petition and makes Proclamation that his Pardon should extend to all but such as they should except what can be more clear and evident than that this is the Parliament which the K. did mean to be the very Parliament to which the Letter should have reference till the Act of Oblivion was passed again the late transactions of these twelve years past had involved so many persons that we could scarce find a man his he had need of mercy nay this very Parliament to which the Letter was written had need of Indempnity and it is probable in the nature of the thing or can it be understood by any man that the King writing to this Parliament and offering them pardon and Indempnity should mean such a pardon and Indempnity as future Parliament to be called by his own Writ should be willing to afford them Whose hearts would have been satisfied with so contingent a security My Lords upon the whole matter by what the King hath said in this Letter and by what the Parlim hath done in pursuance thereof and by what the King hath proclaimed it is to my understanding as clear as the noon day that the honour of the King is not concerned at all in the exemption of the prisoner at the Bar and for the Cases of my Lord of Essex and Southampton which he hath cited they make against him they were condemned because they endeavoured to imprison the Queen and to remove her Councellours of which very fact the Prisoner is in Law guilty too and then the case of King Philip the Husband of Queen Mary makes nothing for him neither unless he will speak out and tell us plainly that because by a former violence the King was made a prisoner he became but like a titular King as King Philip. In the next place he saith my Case is out of the Law I acted as a Councellour in my own particular for my Fee it was avaritia but not malitia nor falso malitiose or Proditorie But he must know that no man hath or can have a lawful calling to pursue the life of his King and the Law implies malice for malitiose and proditorie are not only words of course but of truth too in this case else it were as much as to say that no Councel can be guilty of High Treason than which nothing can be more absurd My Lord for that which he said last for I must omit some things and give him leave to take the advantage of it to stand upon it that the place was a Court such a one it was that he was not answerable for the constitution of it if it were not in a legal sense it was such an order as might bear him out that is with modesty and good manners to justifie High Treason it is not with such insolency as some others before him did it but it amounts to that That an order of a few persons that first made themselves a Parliament and then made a Court of Justice had Officers and met together and perfected so great a Treason I say that this Order to bear him out is impossible He that is a Lawyer he must accompt to the Laws for what he hath done if the authority were not lawful he cannot but know that this which he calls the Parliam was so far from a legal Authority that it was one part of the Treason that he did assist such an Assembly Gentlemen of the Jury this is your own Case here is a charge that is exhibited by the prisoner at the Bar as he saith in the name of all the people of England Look to it for you are some of them if you own it then it may be true what he hath said but I hope you meet here to tell this Nation and all the world that the people of England had no hand in that charge do but consider how that this prisoner at the Bar had hunted the life of the King how he did fish out and examine evidence whether the King set up his Standard at Nottingham was at such a place and such a place to what end is all this but with design of blood Were these things to be produced against the King and then Judgement to be demanded that he may be saved Is it not plainly proved to you by Witnesses how he did exhibit the Charge press it aggravate it desired it might be taken pro