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
Hand to the Warrant for summoning of that Traiterous Assembly The High Court of Justice as they called it And also it appears by his Hand to the Warrant for Execution that Bloody Warrant He hath been so far from denying that he hath Justified these Actions The Evidence is so clear and pregnant as nothing more I think you need not go out The Jury went together at the Bar and presently unanimously agreed on their Verdict whereupon they were demanded by the Clerk Clerk Are you agreed upon your Verdict Jury Yes Clark Who shall say for you Jury Our Fore-man Which was Sir Thomas Allen. Clerk Thomas Harrison Hold up thy Hand Gentlemen of the Jury Look upon the Prisoner How say ye Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or Not guilty Fore-man Guilty Then the Keeper was charged to look to the Prisoner Clerk What Goods and Chattels had he at the time of committing this Treason or at any time sithence Fore-man None to our Knowledg Which Verdict being repeated to the Jury by Mr. Clerk of the Crown the Jury owned it unanimously Mr. Solicitor Gen. My Lords upon this Verdict that hath been given against the Prisoner at the Bar I humbly move that we may have Judgment given Your Sessions will be long and your work will be great his Demeanour hath been such that he doth not deserve a Reprieve for so many Days that you are like to spend in this Session Court Mr. Harrison they desire Judgment upon the Verdict What do you say for your self why Judgement should not pass against you Clerk Thomas Harrison hold up thy Hand What hast thou to say for thy self why Judgmnt should not pass against thee to dy according to Law Mr. Harrison I have nothing further to say because the Court have not seen meet to hear what was in my Heart to speak I submit to it The Cryer made Proclamation for Silence whilest Judgment was in giving Lord Chief Baron You that are the Prisoner at the Bar you are to pass the Sentence of Death which Sentence is this The Judgment of this Court is and the Court doth award that You be led back to the place from whence you came and from thence to be drawn upon an Hurdle to the place of Execution and there you shall be hanged by the Neck and being alive shall be cut down and your Privy-Members to be cut off your Entrails to be taken out of your Body and you living the same to be burnt before your Eyes and your Head to be cut off your Body to be divided into four Quarters and your Head and Quarters to be disposed of at the pleasure of the Kings Majesty and the Lord have Mercy upon your Soul And then Proclamation was made for Adjournment of the Court to this place till seven of the Clock to morrow morning And all Jury-men and Witnesses were commanded to be at the said Place and Time upon Forfeiture of an hundred Pounds apiece Octob. 1â— 1660. The Proclamation for Silence The Jury called Prisoners brought to the Bar viz. John Jones Adrian Scroop Thomas Scot Gregory Clement John Carew Cryer Sir Thomas Allen. Clerk Sir Tho. Aleyn lay your hand on the Book look upon the Prisoner at the Bar. Scroop I challenge him my Lord. L. C. Bar. That you may not mistake if you challenge in this manner and do not joyn in your challenges we must try you severally one after another I must tell you the course of the Law If one challenge one and another challenge another we must sever and go to Tryal one by one Call the next Cl. Sir Henry Wroth. Scroop I challenge him L. C. Bar. Then we must go on severally set all aside but Mr. Scroope Mr. Scroop you may challenge particularly whom you will till you come to 35. if you go beyond that number you will lose the benefit of the Law Scr. I desire my Lord that whosoever was challenged yesterday may not be called again Court No that cannot be that is nothing to you The Court thereupon proceeded and called Challenged John Lisle Nic. Raynton Thomas Wynter Thomas Frankelyn Randal Nichol Jo. Kirke Ambrose Scudamore George Tirrey who were all challenged Jury Thomas Willet Hen. Marsh Charles Pitfied Chr. Abdy Rich. Cheny Tho Bid. Jo. Smith Richard Abel Ralph Halsal Jo. Gallyard Tho. Swallow Sam. Starnel were admitted and sworn on the Jury Cl. Cryer make Proclamation If any man can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoner at the Bar let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his delivery and all others bound by recognizance to give evidence against the Prisoner at the Bar let them come forth and give their evidence or else they shall forfeit their recognizance Cl. Adrian Scroop hold up thy hand you Gentlemen that are sworn look upon the Prisoner and hearken to his charge you shall understand c. upon this Indictment he hath pleaded not guilty M. Sol. May it please your Lordships and you Gentlemen of the Jury this Prisoner at the Bar stands indicted sor compassing and imagining the death of the late King of blessed memory The Indictment sets out that to that end and purpose the Prisoner at the Bar did with others assemble and sit together at Westminster Hall consulting upon him and usurped an authority to proceed against the life of our said late Soveraign and in persuance of that our late Soveraign was brought to his death These things are alledged in the Indictment as several over Acts to shew the treason of his heart which was the compassing and imagining the death of the King Compassing and Imagining are the words of the Statute the rest of the Indictment is but as so many overt-acts evidences and manifestations of that corrupt and wicked heart of his by which he first thought such a thought against his Soveraign The manner of our evidence shall be this Before they could come to accomplish this damnable design it was necessary to meet in a trayterous assembly which they called the High-Court of Justice that under the pageantry and mockery of that they might pretend to murder him by a Sentence and before that assembly could come to sit there was a Precept set forth very formally to summon them to sit This Prisoner at the Bar is one of those persons who under his hand and seal did summon that Court to sit upon the life of our late Soveraign When the Court in obedience to that summons as they called it did meet they sate several times and he among them they did proceed with a wonderful impudence as they had begun to pronounce sentence of death upon our late Soveraign My Lords this Prisoner at the Bar was amongst them and was at that Court and gave the sentence When they had done that
you should be debarred of it Scr. I say he comes in with Evidence of a Paper he heard my name called and marked it It is strange that a Gentleman whom I never saw I know not his name nor I do not think he knew my name if he had met me L. C. Bar. I told you that was laid aside and you heard him speak Viva voce without a Paper Coun. Mr. Kirk did you see the Prisoner at the Bar in that Court which they called the High Court of Justice for Tryal of the late King Kirk My Lords and Gentlemen of the Jury I did see the Prisoner there and I did wonder to see him there which was the reason I took the more special notice of his being there Scr. Pray my Lord let me intreat one thing before he speaks That your Lordships will be pleased to speak to him to give in his Evidence without any speech Coun. How can that be Can he give Evidence without speaking Scr. I beseech you my Lords give me leave to say this Let him give in his Evidence in plain words without any speech L. C. Bar. Mr. Scroop he must be excused there are Circumstances inducing which are as much as the Principal this that he hath said is very material saith he I did see the Prisoner at the Bar there I did not expect it and wondered at it and therefore took the more notice Let him go on ask him what question you will Scroop My Lord I submit L. C. Bar. Mr. Kirk you must speak the truth and the whole truth go on Kirk I say as I said before I saw this Gentleman sitting in that which they called the High Court of Justice and I did therefore wonder at it because I did not expect him there I came to know him formerly as he was called Captain Scroop Coun. Go on K. And as I said before I saw this person this Prisoner at the Bar sit amongst the rest of those persons Judges as they called themselves of the High Court of Justice for the Tryal of the King I did more particularly take notice of this pâ—rson because I did not expect him there I knew him formerly upon this report being an Eminent Man by the name of Captain Scroop and at that time was an Associate of one Captain Vivers and Captain Wingham I had not seen him some years before this business and seeing of him there I did the more particularly take notice of him Scr. Have you done Sir I beseech your Lordship ask him what imployment he had there himself when he saw me there K. My Lord I was there to hear the Tryal Lord Chief Baron Mr. Scroop I am not willing you should have any thing of interruption unless you reflect upon any person that concerns not you Mr. Scroop do not think it will be for your advantage nor is it proper for you to ask Scroop In all humbleness I do speak it to your Lordships that your Lordship will please to consider that if he had any imployment in that business himself how unfit a Witness he is against me Court Much fitter Scr. If it be so I have done Kirk My Lord I was there only as a Spectator I went only there to see and hear what was there to be seen and heard I stood there and took Notes in Characters of the Proceedings and several others with my self did the like and we compared them together that was all my business at that time and I saw him sit there the 27. day of Jan 1648. which was the day of the Sentence against the King Scroope Where abouts did you see me sit there Kirk It is not I think imaginable that any person should be able after so many years possibly to say where any person sate but to the best of my remembrance you sate upon the second Bench next the President But I dare not be positive in that I dare not justifie it upon my Oath it is but my remembrance Here Mr. Scroope talk't to one that stood near him L. Chief Baron We must desire that of you Mr. Scroop that you will not speak to any here but what the Court may hear Scr. I shall observe your Commands Mr. Coitmore sworn Councel Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice as a Judge upon the King Coit I did see him Councel When what day Coit I cannot name the day I was there three dayes of their sitting there I saw him once or twice once I am sure Scr. What day Coit I cannot remember Councel Did he sit there as a Judge upon the King Coit He sate amongst the rest as a Judge Scr. Give me leave to ask him whereabouts he saw me sit Councel Where did you see him sit Coit I cannot remember the place he was among them I saw him either one or two dayes there was a great company of them together Councel Mr. Nutley Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Nut. If it please your Lordships I was there in the Court those four several dayes that they sate in Judgment I heard the Prisoner at the Bar called by his name I did take notice he was there truly I think he was there twice or thrice to my remembrance Councel Can you tell what day whether the 27th of Jan. 1648. Nut. I cannot say positively but to the best of my remembrance he was there that was the last day when Judgment was given Mr. Baker sworn Councel Mr. Baker what say you did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Baker Yes I did see Col. Scroop on Tuesday the 23. of Jan. 1648. very particularly stand up and answer to his name Councel Mr. Coitmore are you acquainted with Col. Scroop's hand Coit I have had several Letters from him Councel Mr. Scroop have you a mind to see the Warrant for summoning the Court Scr. I desire to see it I do not remember I set my hand to it Court Shew it him It being shewed him Scr. I cannot say it is my hand Councel It is too true we shall prove it to you Court Shew it to Mr. Coitmore Scr. Be pleased to let me see it once more which was again shewed him Truly my Lord I will save him the labour Councel You do acknowledge it was your hand Scr. I 'le save him the labour for I confess I do not love Men should be put to their Oaths more than needs Here likewise the Warrant for Execution was read Coun. My Lords we shall conclude our evidence with Major General Brown the Lord Mayor Elect. The Lord Elect sworn Coun. My Lord be pleased to tell my Lords what discourse hath lately passed between the Prisoner at the Bar and you concerning the death of the King Lord Elect. My Lords upon some occasion I was accidentally at the Chamber of the Speaker
there I met this Gentleman whom indeed I knew not he told me who he was and when I understood who he was I said to him or words to this purpose I cannot tell the words because I would not distaste him and say you have done this therefore I put it thus We have done this What a sad case have we said I brought this Kingdom unto Why saith he you see said I how it is ruined now the King is murthered c Saith he some are of one opinion and some of another Sir said I do you think it was well done to murther the King saith he I will not make you my Confessor Sir it was much to this purpose Coun. When was this spoken Lord Elect. Truly I do not know the day but it was that day that Sir H. M. rendered himself to the Speaker it was since the coming in of the King M. Sol. Neither time nor the hand of God appearing in this business nor the condition he was in was ever able to bring this Gentleman to be sorry for his offence but we do not give it as any evidence of his crimes You have heard the Prisoner confess the two Warrants You have heard by several witnesses produced that he did sit in that which they called the high-High-Court of Justice by three that he sat particularly on that day they called the day of their Judgment you have heard how little penitence he hath had by his Declaration to the Lord Mayor Elect. Scr. I hope now that you have heard the Evidence against me that you will give me leave to make some defence for my self L. C. Bar. God forbid otherwise but that you should have free liberty Scr. Truly my Lords though my breeding hath not been in the way of the Laws and therefore I have a great disadvantage when there be such learned Gentlemen as these are to plead against me I must confess to you I have something for matter of Law to plead for the justification of the fact though I would not undertake to justifie the person this I humbly entreat if it may be granted that I may have some time given me and some Councel that I may answer matter of Law L. C. Bar. M. Scroop if you have any thing of matter of Law for which you would have Councel you must alledge that matter first the use of Councel is only to put in certainty what you have of matter of Law and then the Court and Judges must judge of it If you have matter of Law you must tell what it is if it be matter that there is cause to over-rule it there is no cause of making further use of Councel If one be Indicted for murther when he comes to Tryal he will say I have matter of Law to plead What is that That Murther is no felony Do you think Councel will be admitted in this If you do alledge what this matter is wherein you desire Councel you shall have your answer Scr. My Lords as well as I am able to do it I shall do it my Lord I was not of the Parliament take notice of that and that which was done in the High Court of Justice it was done by a Commission from the Parliament My Lord it was that Authority which was then I will not say it was so because I would not give offence it was that Authority then which was accounted the supreme Authority of the Nation and that Authority My Lord that a great many of the generality of the Nation submitted to My Lord I having received a command from that Authority what I did was in obedience to that Authority My Lord I have not had time to consider of these things because I have been for these six weeks time shut up a close Prisoner and that I could neither come at Councel nor any thing else nor to get any thing to prepare for it therefore I desire your Lordships to do me the savour if you see any weight in it to let me have time and Councel assigned me L. C. Bar. Have you done Sir Scr. Yes L. C. Bar. Then I take it this is the effect of what you have said if I have not taken it aright tell me so You say you justifie the fact though not your Person That you were not of the Parliament That what was done was by Commission from the Parliament Be pleased not to mistake me for I say you said this That that which I have to plead in justification of it I do not say that I justifie my self but that which I have to say is for justification of the Fact I was first no contriver of the business And then secondly I did it by virtue of the Command and in obedience to the Authority of the Parliament That that Authority was then accounted the Supream Authority of the Nations and that the Generality of the Nations did submit to their Authority I think I have repeated all you have said Then Mr. Scroop you must know this That there is no cause at all why Councel should be given for what you speak I profess it rather tends to the aggravation than extenuation of what you did First you say you did it by Authority of Parliament I am afraid you have been mistaken as well as others by the word Parliament what doth that mean I am sure you and e-every one knows that there was not one Precedent ever heard of till this That the House of Commons should take upon them the Legislative Power and make such an Act as this was there was no colour for it Then for men upon their own heads never heard of before and against the Liberty and Fredome of the People that they should call it the Parliament when there was but 46 sate whereas there was above 240 excluded and how you can call this a House of Commons is a great wonder to me but I tell you this take it for granted that if they were the most perfect House of Commons that could be Did ever the House of Commons before this single Act take upon them the Legislative Powers without the Lords The Acts are begun in the Commons House when you have done if the Lords not pass it it is a bortive if it be done by both Houses there ought to be a Royal assent But the Lords had rejected this Act then they must take upon them these 46 men whereof I do believe there was not above 25 or 26 men that did vote this and this must be called the Parliament the Commons of England I would fain know whether any man hath heard that the House of Commons took upon them the Legislative power before this Act but this hath been over-ruled in the like Case and I shall say no more to it What is the Oath of Allegiance is it not that you would defend the King his Crown Rights and Liberties against all persons whatsoever It was not only against the Pope as some would have it but the
Convening that Court together whereby the King was to be brought to his Tryal and that he sate at his Sentence and issued the warrant for his Execution You saw that this Gentleman did the Fact did Compass and Imagine the King's Death That which you are to try is this Issue being Indicted for High Treason and pleading not Guilty whether this Gentleman that went so far Sate upon him Condemned him Signed the Warrant for his Execution did not Compass and Imagin the King's Death I think you need not stir from the Bar where you are but I leave that to you After a very small time of Consultation by the Jury amongst themselves at the Bar they agreed in a Verdict Silence was Commanded Clerk John Carew Hold up thy Hand Gentlemen of the Jury look upon the Prisoner How say you Is he Guilty of the horrid Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. What Goods and Chattels c. Jury None that we know of Mr. Scot's Tryal on Friday October 12. 1660. At the Sessions-House aforenamed Clerk Set Thomas Scot to the Bar which was accordingly done Thomas Scot hold up thy hand These men that have been of the last Jury are to try c. If you will Challenge all or any of them you must Challenge them before they are sworn Scot. I desire that those men who have been of the former Jury may not be named I know my liberty of excepting against my number Lo. Ch. B. Mr. Scot That which you do desire is a thing not right the Offence with one is not the same with others I speak not but that the Court will do you all Right the Court will grant it if you will wave your Challenges but if you mean those that have been by others challenged it is against Law Scot. I am willing to bring my self upon my Tryal and I will take the ordinary way of Excepting and Challenging Sir Hen. Wroth Sir Jer. Whitchcote James Hawley Rich. Rider Fra. Beale Chr. Abdy Nicho. Raynton Tho. Winter John Kirke Rich. Abel Sir Tho. Aleyn Abr. Scudamore Ralph Halsall George Tirrey Tho. Swallowe Charles Pickerne Arthur Newman Tho. Blithe William Vincent Rich. Whaley were called and challenged Thomar Grover Edw. Rolfe Tho. Vfman William Whitcombe Rich. Cheney Tho. Bide Charles Pitfield John Smith Tho. Morris Tho. Fruen Henry Twyford Samuel Starnel were the Jury sworn Clerk Cryer make Proclamation Cryer O yes If any man can inform my Lords the Kings Justices c. Clerk Tho. Scot. hold up thy hand You that are sworn of this Jury you shall understand that the Prisoner at the Bar stands Indicted by the name of Tho. Scot late of Westminster in the County of Middlesex Gent. For that he together with John Lisle c. Here the Indictment was read Unto which Indictment he hath been arraigned and thereunto hath pleaded Not guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether c. Mr. Soll. Gen. You that are sworn of this Jury this Inquisition for blood Royal Blood goes on against the Prisoner at the Bar he stands Indicted for Compassing Imagining and Contriving the death of the late King of blessed Memory It is laid to his Charge in the Indictment That he did assemble at Westminster and that he with other persons usurped an Authority of sitting and sentencing to death his said late Majesty and that in consequence and pursuance of that the King came to his death The Treason he stands charged with is the Compassing and Imagining the Kings death The other parts of the Indictment are but overt acts that do but evidence and prove the Corruption of his heart if we prove but some of these overt acts then you must find him guilty Our Evidence against this Gentleman will be thus We shall call Witnesses to prove his sitting in the Court sentencing his King while his King stood a Prisoner at the Bar the Warrant for Execution of the King directed to certain persons to see Execution done accordingly was under Hands and Seals and among those Hands and Seals the Hand and Seal of the Prisoner at the Bar is one and then we shall produce to your Lordships Witnesses to shew you with what a hard and impenitent heart this hath been Committed for he so gloried in the Act That he desired it might be writ upon his Tomb Mr. Nutley M. Kirke Mr. Masterson and Mr. Clark sworn Coun. Mr. Masterson be pleased to tell my Lords and the Jury if you have seen the Prisoner at the Bar sit in that which they called the High Court of Justice Mr. M. My Lords and Gentlemen of the Jury I saw the prisoner at the Bar present at the High Court of Justice as they call'd it for the Tryal of the late King some days that is to say either upon the 22. or 23. day of Jan. 1648. but particularly upon the 27th day of that Month in the said year when the Sentence of death was pronounced against his late Majesty I saw the Prisoner at the Bar present Coun. As one of the Judges do you mean Mr. Ma. As one of the Judges sitting upon the Bench. Scot. Do you know where abouts I sate Mr. Ma. I cannot satisfie you in that but I saw you sitting upon one of the Benches Coun. Mr. Clark you hear the question pray answer what you know touching it Mr. Cl. My Lords and you Gentlemen of the Jury I was present in the year 1648. when his late Majesty stood a Prisoner at the Bar in that which they called the High Court of Justice and among other persons there present in that business I observed Mr. Scot the Prisoner at the Bar to sit as one of the Judges and particularly upon the 23 and 27th days of Jan. in the said year upon which last day the Court pronounced Judgement upon the late King Coun. Did he stand up as assenting to the Sentence Mr. Cl. They all stood up to my apprehension I know not particularly whether the Prisoner at the Bar did Coun. Mr. Kirke tell my Lords and the Jury your knowledge in this business touching the Prisoner at the Bar. Mr. K. I was present at the Tryals of his late Majesty several days among the rest of the persons that sate in the Court as Judges I saw the Prisoner at the Bar and particularly upon the day of the Sentence the 27th of Jan. 1648. The Court stood up unanimously as assenting Coun. Shew him the Warrant for Execution K. This is his Hand Coun. Have you seen his Hand often K. Yes Sir and am well acquainted with it George Farrington sworn Coun. Shew Mr. Farrington the Warrant Do you know that to be Mr. Scots Hand-writing Mr. Far. I did not see him write it but I do verily believe it to be his I have often seen his Hand-writing Coun. Mr. Nutley do you know Mr. Scots hand-writing Is that Mr. Scots
might be taken pro confesso Court By whom Nutly By the Prisoner at the Bar if so be that he would not answer This my Lord is the substance of what I have to say against him Council Mr. Nutly pray what discourse have you had at any time with the Prisoner at the Bar concerning this impeachment Nutly Truly my Lord I knew the Gentleman well I was well acquainted with him and for the satisfaction of my own conscience for I was very tender in the business and sorry he was ingaged in it I went to him and did desire him to desist I had discourse with him for I was then a young Student in the Temple and had a little knowledge in the Laws I desired him to consider the dangerous consequences of such a proceeding I may say I did it with tears in my eyes for I had a very good respect to the Gentleman for his profession sake being learned therein truly my Lord he did answer me thus I acknowlegde it is a very base business but they put it upon me I cannot avoid it you see they put it upon me I had some discourse with him concerning the oath of Allegiance truly he was satisfied that this oath was against the business in question I saw he was troubled at it Council Can ye speak of the manner of calling for Judgement against the King Nutly That I have already answered to it was several times done the King was brought several times to the Bar and at every time he was brought he was pressed to answer whether Guilty or Not guilty Court By whom Nutly By the Sollicitor then the Prisoner now at the Bar. My Lord I remember his Majesty was pleased when he saw he could not be heard to the discourse that he did intend to make of the whole business saith the King if you will needs press me to an answer I must demur to your Jurisdiction my Lord the answer that was given to that was this Mr. Bradshaw there then President did say Sir saith he if you demur to the Jurisdiction of this Court I must let you know that the Court doth over-rule your demurrer this was said my Lord and Judgement was pressed very often Court By whom Nutly By the prisoner at the Bar. Cook My Lord may I ask him a question Court Yes Cook The first question is whether the Parchment was delivered by me unto the Court or brought into the Court by Mr. Broughton the Clerk Mr. Nutly I do encline to believe my Lord That it was brought into the Court and delivered by some hand or other to the Prisoner at the Bar I do beleive it was for I do remember it was written by one Price I was told that was his name that may be true I believe it was brought into the Court and delivered to the Prisoner now at the Bar. Council But did he exhibit it Nutly Yes my Lords Cook Did you see me set my hand to that Parchment N. No my Lords but I believe it to be his hand Cook Another Question whether Mr. Nutly did hear me say concerning the opinions of those Gentlemen what they intended to do in that business Nut. My Lords I do remember that I had often conference with the Gentleman at the Bar. I desired him to desist from the business considering the dangerous consequences of it truly my Lord I do well remember that he did say he did hope they did not intend to take away the Kings life said I if they go about any such thing do you use your utmost endeavour to preserve his life saith he I did labour to that purpose but they tell me they only intend to bring him to submit to the Parliament Cook It is said that I demanded Judgement of his life Mr. Nutly I demand of you whether I used the words of Judgement against his life but only I demanded their Judgement Nut. My Lords for that I cannot remember possibly to a syllable but Judgement was demanded Court By whom N. By this person Cook I said the judgment of the Court not against him I meant judgement for his acquital Court Did you ever hear him desire the Court that the Charge might be taken pro confesso N. That I have said my Lord it was urged by the Prisoner at the Bar against his Majesty That if he would not plead to the Charge that then the matter charged in it might be taken pro confesso But my Lord if you please to give me leave to add this one word more my Lord I did hear him say at that time he shewed me a paper that contained an order of the Court that did direct the very words that he should use when he came to deliver the Charge whether those words were in the order I do not know Cook Whether was I not directed by those Gentlemen the very words I should speak Court We are satisfied in that he saith by an order that you shewed him you were so directed If you have any thing more ask it him Mr. Farrington sworn Mr. Sol. Gen. Pray tell my Lords and the Jury what was the carriage of the Prisoner at the Bar at Westminster at the place they called the High Court of Justice Farringt My Lord I was present about the 20th of Jan. 1648. at that which they called the High Court of Justice and Mr. Bradshaw sat then as President so much as I remember concerning the Prisoner at the Bar I shall acquaint your Lorship This Gentleman at the Bar after the reading of the Commission and directions by the President to bring his Majesty the prisoner they called him to the Bar the King being brought after silence made and some speeches made by the President this Gentleman the Prisoner at the Bar having then a Parchment in his hand the substance of it was for levying War against the Kingdom he prayed that it might be read and accepted as a Charge in behalf of the good people of England It was accordingly read and afterwards being demanded to answer after his Majesty having given several reasons as to the Jurisdiction of the Court four days every day the Prisoner at the Bar demanded the judgement of the Court. And if his Majesty would not answer to the charge it might be taken pro confesso Coun. Do you know his hand if you see it Farring I have not seen his hand a long time Then the Impeachment was shewn to the witness Far. Truly Sir this is like his hand Coun. Do you believe it Far. It is very like it I do not know positively Coun. Did you hear the words pro confesso Far. Yes my Lord several times after the first day Coun. Did he interrupt the King in his discourse as to say these words that the Charge might be taken pro confesso Far. I do remember one day there was some interruption between the King and him the King laying his Cane upon his shoulder desiring him to forbear Cock You cannot say that
I interrupted his Majesty Far. I remember that the King laid his Cane upon your shoulders Cook Whether did I the first or the last day demand judgement or that any thing might be taken pro confesso Far. The first day no but after the first day he did several days you did the last day Griffith Bodurdo Esq sworn Coun. Sir you have heard the question give an accompt to my Lords and Gentlemen of the Jury of the carriage of the Prisoner at the Bar towards his Majesty during the time of the Tryal Mr. Bod. My Lord I was all the time that the King was brought there before the Court as a Prisoner I was present all the day having a conveniency out of my house into a Gallery that was some part of it over that Court I do remember that the Prisoner at the Bar whom I never saw before that time did exhibit a charge the first day against the Prisoner at the Bar which was the King in these very terms The Prisoner at the Bar the charge I heard it read then I have not seen it since the substance was this That for levying war against the Parliament and people of England and namely at such and such a place killing of the people of England I think Naseby and Keinton field was named in it and divers other places were named in the Charge and the Conclusion was that he had done those things as a Tyrant Traitor Murtherer and a publick and implacable enemy of the Commonwealth But this Prisoner at the Bar did exhibit the Charge and the King did then as you have heard he did plead to the Jurisdiction of the Court The King would fain have been heard but I think they did adjourn for that time The next day he pleaded the same thing I remember the answer that was several times given twice given by Bradshaw to the King thus that the Court did assert their own Jurisdiction The second and third day I do not remember any day after the first but that the prisoner at the Bar did demand judgement for the Kings not pleading and did several times make complaints to the Court of the Kings delays that he intended delays and nothing else Cook Pray my Lord one Question whether my Lord before he heard me speak of demanding judgement against the King whether he did not hear Mr. Bradshaw several times say that the Court owned their Authority and that the matter would be taken pro confesso Mr. Bodurdo I did hear the Prisoner at the Bar desire of the Court that it might be so and I heard the Prisoner tell the King that it must be so Joseph Herne sworn Coun. Mr. Herne tell my Lords what you know of the prisoners carriage at the High Court of Justice as they called it Mr. Herne Upon Saturday the 20th of Jan. 1648. it was the first day His Majesty was convened before them I could not come near the Court only I saw him at a distance I heard nothing but the acclamations of the people crying out God save your Majesty what was done in the Court I know nothing of On Munday I was there and had a conveniency to see and hear what was acted and so His Majesty being come to the Seat appointed for him the prisoner at the Bar being called upon by the then President Bra. he demanded of him what he had to ask of the Court He was then talking with Dorislaus and semeed not to mind the business of the Court His Majesty sitting near takes his stick and thrusts the Prisoner at the Bar upon his shoulder and the Prisoner looking back with a great deal of indignation turned about I did hear Bradshaw speaking to him in these words Mr. Sol. have you any thing to demand of the Court whereupon the prisoner at the Bar did use these or the like words May it please your Lordships I have formerly in the name of the Commons assembled in Parliament and the good people of England exhibited a Charge of High Treason and other high crimes against Charles Stuart the prisoner at the Bar flinging his head back in this manner to him He had there further to require of the Court that he might be demanded to make positive answer by confession or denial if not that the Court would take it pro confesso and proceed according to Justice this was on the first day I was in the Court The President Bradshaw told His Majesty that he heard what was craved in the name of the Commons assembled in Parliament and the good people of England against him by the now Prisoner at the Bar. The King stood up but Bradshaw prevented him in what he had to say telling of him that the Court had given him time to that day to know when he would plead to the Charge His Majesty proceeded to object against the Jurisdiction and said he did demur to the Jurisdiction of the Court upon which the President answered him If you demur to the Jurisdiction of the Court you must know that the Court hath over-ruled your demurrer and you must plead to your Charge guilty or not guilty upon that the King asked their authority and desired he might give reasons against it he was denyed it by the President the President at last was content to tell him that though he was not satisfied with their authority they were and he must but to satisfie him he told him in short they sat there by the supream authority of the Nation the Commons assembled in Parliament by whom his Anceston ever were and to whom he was accomptable then the King stood up by your favour shew me one President Bradshaw 〈◊〉 down in an angry manner Sir saith he we sit not here to answer your Questions plead to your Charge guilty or not guilty Clerk do your duty whereupon Broughton stood up and asked what he had to say whether guilty or not guilty and President Bradshaw said that if he would not plead they must record his contempt His Majesty turned about to the people and said then remember that the King of England suffers being not permitted to give his reasons for the liberty of the people with that a great shout came from the people crying God save the King but there was an awe upon them that they could not express themselves as they would have done I believe Coun. What did Cook say to the Judgement did you hear him press for Judgement Mr. H. Yes I heard these words from the Prisoner at the Bar That if the K. would not plead his Charge might be taken 〈◊〉 Conf. and that the Court might proceed according to Justice Cook One question more whether he often heard me speak those words that it might be taken pro Confesso and to proceed according to Justice Mr. Hern. You desired he might be held to his Plea confession or denial that he might not be suffered to use any words to the Jurisdiction of the Court. Cook Whether he
themselves an Authority to make Laws which was never heard before Authority to make Laws What Laws a Law for an High Court of Justice a Law for lives to sentence mens lives And whose Life the Life of their Sovereign upon such a King who as to them had not only redressed long before at the beginning of the Parliament all Grievances that were and were imaginable taken away the Star-Chnmber High-Commission-Court and about Shipping such a King and after such Concessions that He had made in the Isle of Wight when He had granted so much that was more than the People would have desired When these few Commons not onely without but excluding the rest of the Commons not onely without but excluding the rest but rejecting the Lords too that then sat when these few Commons shall take upon them this Authority and by colour of this their King Soveraign Liege Lord shall be sentenced put to Death and that put to Death even as their King and sentenced as their King put to Death as their King and this before His own Door even before that Place where He used in Royal Majesty to hear Embassadors to have His Honourable Entertainments that this King shall be thus put to Death at Noon-day it is such an Aggravation of Villany that truly I cannot tell what to say No story that ever was I do not think any Romance any Fabulous Tragedy can produce the like Gentlemen If any Person shall now come and shroud himself under this pretended Authority or such a pretended Authority you must know that this is so far from an Excuse that it is an Height of Aggravation The Court of Common-Pleas is the Common Shop for Justice in that Court an appeal is brought for Murther which ought to have been in the King's Bench the Court gives Judgment the Party is condemned and executed in this Case it is Murther in them that executed because they had no lawful Authority I speak this to you to shew you that no man can shroud himself by colour of any such false or pretended Authority I have but one thing more to add to you upon this head and that is which I should have said at first If two or more do compass or Imagine the King's Death if some of them go on so far as to Consullation if others of them go further they sentence and execute put to Death in this Case they are all Guilty the first Consultation was Treason I have no more to add but one Particular a few Words As you will have Bills presented against those for Compassing Imagining Adjudging the King so possibly you may have Bils presented against some of those for Levying War against the King Levying of War which is another Branch of the State of 25th of Edward the Third It was but Declarative of the Common Law it was no new Law By that Law it was treason to Levy War against the King But to levy War against the Kings Authority you must know is Treason too If men will take up Armes upon any Publick pretence if it be to expulse Aliens if but to pull out Privy Councellours if it be but against any Particular Laws to reform Religion to pull down Enclosures in all these cases If Persons have assembled themselves in a Warlike manner to do any of these Acts this is Treason and within that Branch of Levying War against the King This was adjudged in the late Kings Time in Berstead's case Queen Elizabeth's Henry the Eighth's former Times King Jame's Time much more 〈◊〉 men will go not onely to Levy War against the King but against the Laws all the Laws subvert all the Laws to set up new Laws Models of their own If any of these cases come to be presented to you you know what the Laws are To conclude you are now to enquire of Blood of Royal Blood of Sacred Blood Blood like that of the Saints under the Altar crying Quousque Domine How long Lord c. This Blood crys for Vengeance and it will not be appeased without a Bloody Sacrifice Remember but this and I have done I shall not press you upon your Oaths you are Persons of Honour you all know the Obligation of an Oath This I will say that he that conceals or favours the guilt of Blood takes it upon himself wilfully knowingly takes it upon himself And we know that when the Jews said Let his blood be on us and our seed it continued to them and their Posterity to this day God save the King Amen Amen His Lordships Speech being ended Thomas Lee of the Middle-Temple London Gentleman was called to give in the Names of his Witnesses The names of the Witnesses then and there sworn follow William Clark Esq James Nutley Esq Mr. George Masterson Clerk George Farringdon Hercules Huncks Dr. William King Martin Foster John Baker Stephen Kirk Richard Nunnelly John Powel John Throckmorton John Blackwel Ralph Hardwick Thomas Walkley Gentleman Holland Simpson Benjamin Francis Colonel Matthew Thomlinson Griffith Bodurdo Esq Samuel Boardman Robert Carr Esq Richard Young Sir Purbock Temple John Rushworth Esq John Gerrard John Hearn Mr. Coitmore Mr. Cunningham Mr. Clench Willinm Jessop Esq Edward Austin Darnel Esq Mr. Brown Thomas Tongue John Bowler Mr. Sharp Mr. Lee. Robert Ewer John King Edward Folley Mr. Gouge Anthony Mildmay Esq The Grand Jury returned the Indictment Billa Vera. Court adjourned to the Old-Bailey 10th of October The 10. of October 1660. SIR John Robinson Knight Lieutenant of his Majesties Tower of London according to his Warrant received delivered to Mr. Sheriff the Prisoners hereafter named who were in several Coaches with a strong Guard of Horse and Foot conveyed to Newgate and about nine of the Clock in the Morning delivered to the Keepers of that Prison and thence brought to the Sessions-house in the Old-Baily London where the Commissioners of Oyer and Terminer were in Court assembled and where their Indictment was publickly read by Edward Shelton Esq Clerk of the Crown Sessions-House in the Old-Baily 10. October 1660. THE Court being Assembled and Silence commanded the Commission of Oyer and Terminer was again read After which Sir Hardress Waller Collonel Thomas Harrison and Mr. William Heveningham were brought to the Bar and commanded to hold up their Hands which Sir Hardress Waller and Mr. Heveningham did but Harrison being commanded to hold up his Hand answered I am here and said My Lord if you please I will speak a Word Court Hold up your hand and you shall be heard in duetime Mr. Harrison the course is That you must hold up your hand first And then he held up his hand The Indictment was read purporting That He together with others not having the fear of God before his Eyes and being instigated by the Devil did Maliciously Treasonably and Feloniously contrary to his due Allegiance and bounden Duty sit upon and condemn our late Soveraign Lord King Charles the First of ever Blessed Memory and also did upon
the thirtieth of January 1648. Sign and Seal a Warrant for the Execution of His late Sacred and Serene Majesty of Blessed Memory Where also c. Clerk of the Crown How sayest thou Sir Hardress Waller Art thou guilty of that Treason whereof thou standest Indicted and for which thou hast now been Arraigned or Not guilty Sir Hardress Waller My Lords I dare not say Not Guilty but since that in a Business of this nature we have no Council or Advice and being not able to speak to matter of Law Lord Chief Baron I am loth to interrupt you but this is the course you have heard the Indictment read and the course is you must plead guilty or Not guilty There is no Medium Guilty or Not guilty It is that which is the Law and the case of all men Are you guilty or Not guilty Sir Hard. Waller I may confess my self Guilty of some Particulars in that Indictment but not of all for so instead of discharging I shall wound my Conscience Clerk Are you Guilty or Not guilty Sir Hard. Waller If I might have that liberty to Court You shall have that Liberty that any Subject of the Nation can have or can challenge No man standing at the Bar in that condition you are must make any other answer to the Indictment then guilty or Not guilty It 's the Common case of all men Your Confession must be Plain and direct Either Guilty or not Guilty Sir Hard. Waller My Lord I do desire some time to consider of it for it is a great Surprisal Court You have had time enough to consider of it you must follow the Directions of the Court Guilty or Not Guilty You must not thus Discourse of being surprised for these Discourses are contrary to all Proceedings of this Nature Clerk How say you Sir H. Waller Are you guilty or Not guilty Sir Hard. Waller I dare not say Not guilty Clerk Will you confess then Sir Hard. Waller I would be glad to be understood Court Your Plea must be direct guilty or Not guilty Sir Hard. Waller Shall I be heard my Lord Court Yes upon your Trial. There is but two ways Plead Not guilty or confess it Sir Hardress Waller we would not have you to be deceived If you confess and say you are guilty there is nothing then but Judgment If you say Not guilty then you shall be heard with your Evidence Consider with your self Plead Not Guilty or confess and say you are guilty Sir Hard. Waller My Lord It puts me upon a great contest with my self I shall be very free to open my Heart Court Sir you must plead Guilty or Not Guilty Sir Hard. Waller My Lord my condition differs from others I am a Stranger I have been thirty years transplanted into Ireland which ha's made me unacquainted with the affairs of the Law here Court You must keep to the course of the Law Either Guilty or Not guilty There is but one of these two Pleas to be made Sir Hard. Waller I dare not say Not guilty Court There are but these three thing to be considered Either you must say Guilty which is Confession and then there remains no more but Judgment or Not Guilty and then you shall be heard or Judgment will pass for your standing Mute which is all one as if you had confessed Sir Hard. Waller In as much as I have said I dare not say Not Guilty I must say Guilty Clerk You say you are guilty You confess the Indictment Sir Hardress Waller Yes Clerk Thomas Harrison How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Tho. Harrison My Lords have I liberty to speak Court No more at this time then Guilty or Not Guilty Mr. Harrison You have heard the Direction before We can give you but the same Rule If you plead Not guilty you shall be heard at large if Guilty you know what remains Tho. Harrison Will you give me leave to give you my Answer in my own words Lord Chief Bar. There is no answer but what the Law directs It is the same with you as with all others or as I would desire if I were in your condition You must plead Not guilty or if you confess guilty there must be Judgment upon your confession The same Rule for one must be for another Tho. Harrison You express your Rule very fair as well to me as this Gentleman pointing at Sir Hardress Waller but I have something to say to your Lordships which concerns your Lordships as well as my self Court You must hold and plead guilty or Not guilty If you go otherwise as I told you before it will be as if you pleaded not at all and then Judgment will pass against you The Law gives the words frames your Answer it is none else but the Laws Guilty or Not Guilty Tho. Harrison My Lord I have been kept close Prisoner near these three Moneths that no body might have Access to me Do you call me to give you a Legal Answer not knowing of my Trial till nine of the clock last night and brought away from the Tower to this place at six of the clock this morning Court You must give your direct Answer Guilty or Not guilty You cannot say it is sudden or unprovided You spend time in vain You trouble the Court You must plead Guilty or Not Guilty We must not suffer you to make Discourses there You must plead either Guilty or Not Guilty Clerk Are you guilty or Not guilty Tho. Harrison I am speaking Shall I not speak two words Court If you will not put your self upon your Tryal you must expect that course that the Law directs Tho. Harrison May it please your Lordships I am now Clerk Are you guilty or Not Guilty Tho. Harrison I desire to be advised by the Law This is a special Case Court The Law allows nothing now but to plead guilty or Not guilty Court You must plead to your Indictment If it be Treason it cannot be justified if it be justifiable it is not Treason Therefore Plead guilty or not guilty Tho. Harrison Give me advice in this Clerk Tho. Harrison Are you guilty or Not Guilty Tho Harrison I would willingly render an account of all my Doings Clerk Are you Guilty or Not guilty Court You have been acquainted with the Legal Proceedings You never found in all your Experience that any Prisoner at the Bar for Felony or Treason was suffered thus to discourse or to answer otherwise then guilty or Not guilty Clerk Are you guilty or Not guilty Mr. Sol. Gen. I do beseech your Lordships he may Plead Peradventure he knows his case so well that he thinks it as cheap to defie the Court as submit to it Court We must enter your standing Mute that 's Judgment Clerk Are you guilty or Not guilty Tho. Harrison Will you refuse to give me any Satisfaction Court Are you guilty or Not guilty Tho.
Harrison Will you give me your Advice Court We do give you Advice The Advice is there is no other Plea but guilty or Not guilty You shall be heard when you have put your self upon your Trial. Clerk Are you guilty or Not guilty Tho. Harrison You do deny me Councel then I do plead Not guilty Clerk You plead Not guilty Is this your Plea Th. Harrison Yes Clerk How will you be tried Th. Harrison I will be tryed according to the Laws of the Lord Clerk Whether by God and the Countrey Lord chief Baron Now I must tell you if you do not put your self upon your Countrey you have said nothing Clerk How will you be tried Th. Harrison It is to put my self upon what you please to put me upon Court If you understand you are not every man you are versed in Proceedings of Law you know you must put your self upon the Trial of God and your Countrey if you do not it is as good as if you had said nothing Th. Harrison You have been misinformed of me Court You have pleaded Not guilty That which remains is you must be tried by God and the Countrey otherwise we must record your standing Mute Clerk How will you be Tried Th. Harrison I will be tried according to the ordinary course Clerk Whether by God and the Countrey You must speak the Words Th. Harrison They are vain words Court We have given you a great deal of Liberty and Scope which is not usual It is the course and proceedings of Law if you will be tried you must put your self upon God and the Countrey Clerk How will you be tried Th. Harrison I do offer my self to be tried in your own way by God and my Countrey Clerk God send you a good deliverance Clerk William Heveningham hold up your hand How sayest thou Art thou Guilty of the Treason whereof thou standest indicted and art now arrraigned or Not guilty Will. Heveningham Not guilty Clerk How will you be tried Will. Heveningham By God and the Countrey Clerk God send you a good deliverance Sir Hard. Waller then presented his Petition to the Court directed To the King's Majesty and the Parliament which was received but not at this Court read And then the three Persons aforesaid were dismissed Clerk Bring to the Bar Isaac Pennington Esq Henry Marten Esque Gilbert Millington Gentleman Robert Tichbourn Esq Owen Roe Esq and Robert Lilburn Gentleman Who were called and appeared at the Bar and being commanded severally held up their hands The Indictment was read again as to the former Persons Clerk Isaac Pennington Hold up thy hand How sayest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Isaac Pennington Not guilty my Lord. Clerk How will you be tryed Isaac Pennington By God and the Countrey Clerk God send you a good deliverance Clerk Henry Marten How sayest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Hen. Marten I desire the benefit of the Act of Oblivion Clerk Are you guilty or Not guilty Court You are to understand the Law is this the same to you and every one You are to plead Guilty or Not guilty If you will demand the benefit of the Act of Oblivion it is a confession of being Guilty Hen. Marten I humbly conceive the Act of Indempnity Court You must plead Guilty or Not guilty Hen. Marten If I plead I lose the benefit of that Act. Court You are totally excepted out of the Act. Hen. Marten If it were so I would plead My name is not in that Act. Court Henry Martin is there Mr. Sollicitor Gen. Surely he hath been kept close Prisoner indeed if he hath not seen the Act of Indemnity Shew it him Mr. Shelton opening the Act. Court How is it written Clerk It is Henry Martin And then the Act was shewed to the said Mr. Marten Hen. Marten Henry Martin My name is not so it is Harry Marten Court The difference of the Sound is very little You are known by that Name of Martin Hen. Marten I humbly conceive all Penal Statutes ought to be understood Literally Clerk Are you Guilty or Not guilty Hen. Marten I am not Henry Martin Clerk Are you guilty or Not guilty Court Be advised The effect of this Plea will be Judgment Here Mr Sollicitor Gen. cited somewhat Parallel to this in a Case formerly of Baxter where the Name was Bagster with an S and adjudged all one being of the same sound Clerk Are you guilty or Not guilty Hen. Marten My Lord I desire Council There will arise Matter of Law as well as Fact Court You are Indicted for Treason for a Malicious Trayterous compassing and Imagining the King's Death If you have any thing of Justification plead Not guilty and you shall be heard for if it be Justifiable it is not Treason The Rule is Either you must plead Guilty and so confess or Not guilty and put your self upon your Trial there is no Medium Hen. Marten May I give any thing in Evidence before Verdict Court Yes upon your Trial you may give any thing in Evidence that the Law warrants to be lawful Evidence Clerk Are you Guilty or Not guilty Court Understand one thing because I would not have you mistaken you cannot give in Evidence the Misnomer but any thing to the matter of Fact Hen. Marten I submit and plead Not guilty Clerk How will you be tried Hen. Marten By God and the Countrey Clerk God send you a good deliverance Clerk Gilbert Millington Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest indicted and art now arraigned or Not guilty Gilb. Millington My Lord I am an ancient man and deaf I humbly crave your Lordships pardon to hear me a few words I will promise it shall be pertinent enough Mr. Sol. Gen. Impertinent enough he means Court You must plead either Guilty and so confess it or Not guilty and then you shall be heard any thing for your justification Clerk And you Guilty or Not guilty Gilb. Millington I desire I may Court There is nothing you can say but Guilty or Not guilty All other Discourses turn upon your self Clerk And you Guilty or Not guilty Gilb. Millington You might enlighten me in some scruples Does my pause trouble you much I should not be long Court Your particelar case cannot differ from others Clerk Are you Guilty or Not guilty Gilb. Millington There are some things in the Indictment that I can say Not Guilty to There are others that I must deal ingenuously and confess them Clerk Are you Guilty in Manner and Form as you are indicted or Not guilty Gilb. Millington Not guilty Clerk How will you be tried Gilb. Millington By God and the Countrey Clerk God send you a good deliverance Clerk Robert Tichbourn Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest indicted
and art now arraigned or Not guilty Tichbourn My Lord I have been a very close Prisoner without any advice I am altogether unable in Law to speak Court You know the Course hath been delivered to you by others I will not trouble you with it It is neither long nor short the Law requires your answer Guilty or not guilty Tichbourn Spare me but one Word If upon the Trial there shall appear to be matter of Law shall I have the liberty of Councel for it if I shall be put in my own Case to plead matter of Law against those noble Persons who plead on the other part I shall but prejudice my self and therefore I crave Councel Court You must Plead Guilty or Not guilty Tichbourn I have no Reason nor Design to desplease you I am sure I am no waies able to plead with equalness in Point of Law with those Noble Gentlemen To the Matter of Fact this is my Plea in Manner and Form that I stand Indicted I am Not guilty Clerk How will you be Tried Tichbourn By God and the Countrey Clerk God send thee a good Deliverance Clerk Owen Roe Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Owen Roe My Lord there hath been so much said already by others I think I need say no more In Manner and Form as I am now Indicted I Plead Not gulty Clerk How will you be Tried Owen Roe By God and the Countrey Clerk God send you a good Deliverance Clerk Robert Lilburn Hold up your Hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Robert Lilburn I desire in regard that being so close a Prisoner for twenty daies that no body ha's been suffered to advise with me Lord Chief Baron I must interrupt you You must not mispend the time Understand the Law You must Plead guilty or Not guilty Rob. Lilburn Will you give me leave to desire Councel before I Plead to advise me touching my Plea Clerk Are you Guilty or Not guilty Rob. Lilburn I desire Councel Court Take heed if that be your Answer You desire Councel and do not Plead and that be Recorded Judgment will pass against you There is nothing to Plead but Guilty or Not guilty If Not guilty what you have to say will be heard Rob. Lilburn If you over-rule me I must submit Court Do not let such Language fall from you it is improper The Law gives us a Rule The Prisoner must Plead Guilty or Not guilty Rob. Lilburn I say then in Manner and Form as I am Indicted I am Not guilty Clerk How will you be Tried Rob. Lilburn By God and the Countrey Clerk God send you a good Deliverance Clerk Bring to the Bar Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement and John Cook Who were brought accordingly and being commanded severally held up their hands at the Bar. The Indictment was read to the Persons at the Bar as before Clerk Adrian Scroop Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Adr. Scroop My Lord Not guilty Clerk How will you be Tried Adr. Scroop By God and the Countrey Clerk God send thee a good Deliverance Clerk John Carew Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and art now arraigned or Not guilty John Carew There is some special matter in that Indictment that ought not to be before Court Are you guilty or Not guilty John Carew Saving to our Lord Jesus Christ his Right to the Government of these Kingdoms Clerk Are you Guilty or Not guilty John Carew I say I am Not guilty Clerk How will you be Tried John Carew How would you have me Clerk Will you be Tried by God and the Countrey John Carew I if you will Clerk You must say the words How will you be Tried John Carew By God and the Countrey Clerk God send you a good Deliverance Clerk John Jones Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Jones Not Guilty my Lord. Clerk How will you be Tried John Jones By God and the Countrey Clerk God send you a good Deliverance Clerk Thomas Scot Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Th. Scot. Truly I cannot call it Treason and therefore I Plead Not guilty Clerk How will you be Tried Th. Scot. By God and the Countrey Clerk God send you a good Deliverance Clerk Gregory Clement Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Greg. Clement My Lord I cannot excuse my self in many Particulars but as to my Indictment as there it is I Plead Not Guilty Clerk How will you be Tried Greg. Clement By God and the Countrey Clerk God send you a good Deliverance Clerk John Cook Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Cook I humbly conceive that this is now time to move for Councel for matter of Law Court You know too well the manner of the Court. Are you Guilty or Not guilty John Cook Not guilty Clerk How will you be Tried John Cook By God and the Countrey Clerk God send you a good Deliverance Clerk Bring Edmund Harvey Heary Smith John Downs Vincent Potter and Augustine Garland to the Bar. Who were brought accordingly and being commanded severally held up their Hands The Indictment was read to them Clerk Edmund Harvey Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Edmund Harvey Not guilty my Lord. Clerk How will you be Tried Edmund Harvey By God and the Countrey Clerk God send you a good Deliverance Clerk Henry Smith Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and for which thou art now Arraigned or Not guilty Henry Smith Not guilty my Lord. Clerk How will you be Tried Henry Smith By God and the Countrey Clerk God send you a good Deliverance John Downs Vincent Potter Augustine Garland upon the Question presently pleaded Not guilty and put themselves on God and the Countrey to be Tried Clerk Set to the Bar George Fleetwood Simon Meyn James Temple Peter Temple Thomas Wait Hugh Peters Francis Hacker and Daniel Axtel Who being at the Bar held up their Hands according to Order afterward the Clerk read the Indictment against the said Persons Which being ended he proceeded in this manner
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
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
they might compleat their villany they made a bloody Warrant for severing the head of his late Majesty from his body and the hand of the Prisoner is to that Warrant also and this is the scope of our Indictment Scro. My Lords may I have liberty to speak Court If you do confess that which is opened in evidence against you we shall not need to examine any Witnesses Scr. Examine what you think fit if I understand that worthy Gentleman that spake last he said that my hand was to the Warrant for Execution My Lord if I can see my hand I can tell and I will not deny my hand Court Shew it him which was done accordingly Scr. My Lords I will not deny but that it is my hand but it is not my seal Councel Cryer call Mr. Masterson Mr. Kirke Mr. Clark Mr. Carr who were all sworn Mr Masterson pray tell my Lords and the Jury whether you did see the Prisoner at the Bar in that which they called the High-Court of Justice sitting as a Judge upon the late King Mr. Mast My Lords and Gentlemen of the Jury I saw upon the 22. or 23. of Jan. in the year 1648. the Prisoner at the Bar sitting upon the Bench as one of the Judges in that which they called the High-Court of Justice the King standing a Prisoner at the Bar I say either 22. or 23. But I say particularly upon the 27th of Jan. 1648. in which the sentence was passed upon the late King I saw the Prisoner at the Bar sitting upon the Bench in that which they called the high-High-Court of Justice Coun. How did he demean himself when the sentence was read Mr. Ma. When the sentence was read it was by the President as he was called of that Court said to be the Sentence and Judgment of the whole Court upon which the Prisoner at the Bar rose up as to my apprehension testifying his Assent All their Assent were taken so and no otherwise to us that were as spectators Scr. I beseech your Lordships that I may speak without offence and answer to this Court Mr. Scroop you may please to have Paper and Pens and Ink to take Notes or to ask any questions Scr. My Lords give me leave to ask him this question whereabouts did he see me sit in the Court. Court Mr. Ma. you hear the question pray answer to it Ma. My Lords I cannot particularly say where he sat but I saw him in the Court and to the best of my remembrance it was on the second seat on the left hand of Bradshaw Scr. I would not give offence to the Court in any kind I am now pleading for my life I desire to take a little liberty to ask this Gentleman if ever He and I were in company together that he knows me so well M. For my part I do not remember I saw his face before the sitting of that Court If this Gentleman ask me if I were ever in his company I know not how I may construe the word Company but I am sure I never eat nor drank with him I have seen him very many times at Committees more then twenty times since that business Mr. Clark called Coun. Mr. Clark you have heard the question did you ever see the Prisoner at the Bar in that which they called the High-Court of Justice Mr. Clark I do remember in the year 1648. I saw the Prisoner sitting in that which they call the High-Court of Justice upon the Tryal of the King Scr. My Lords you may desist in examining witnesses touching my sitting Court Do you acknowledge you did sit in that which they called the High-Court of Justice Scr. Yes I see it proved and I see a Gentleman here in my eyes that I know very well I will not deny it Court Did you sit upon the sentence day that is the Evidence which was the 27th of January You are not bound to answer me But if you will not we must prove it Do you confess that Scr. I do not confess that I stood up as assenting to the Sentence Mr. Clark called Coun. Mr. Clark what say you to that Clark I did not take particular notice of him that day that he stood up but the whole Court stood up to my apprehension but I took notice that he was there then present Coun. Mr. Clark do you remember that you saw any of them sit Cl. I did not take notice of any that sate then but all stood up to my thoughts Mr. Carr called Coun. Mr. Carr tell my Lords and the Jury whether you did see the Prisoner at the Bur sitting in that which they called the High-Court of Justice Carr. My Lords and Gentlemen of the Jury the 22. 23. and 27th of Jan. 1648. I was present when the names of that they called the High-Court of Justice were called and amongst others that were Judges of that Court as was printed in a Paper which I then had in my hand Mr. Carr looked in that Paper when he gave this Evidence I found the name of Mr. Aâ— Scroop who I saw did there sit and appear Scroop I hope you will not take any Evidence from a Printed List Councel The manner of his Evidence is he saith this That he had this Printed Paper in his hand when the names of that Court were called and marking the persons in that Paper who were present and that you were one of them who did appear Scr. My Lord I shall not dispute in regard of my want of skill in the Law the Lawfulness of bringing in any Paper in Evidence into the Court I shall not dispute against your Lordships But by your favour I do suppose there is no witness ought to use any Paper or look upon any Paper when he gives Evidence but I shall submit it to your Lordships Mr. Solicit Ask him the question without his Paper but yet nothing is more usual than for a Witness to make use of a Paper to help his memory Scroop The Gentleman that spake last I cannot hear him Mr. Sol. We do not need his Paper in this Case he will tell it without a paper Mr Carr speak without a paper Carr. My Lords upon the calling of those that were Judges in that Court which they called the High Court of Justice then sitting this Gentleman the Prisoner at the Bar did answer to his name then called Scr. Did you see me Carr. I heard you answer and saw you Scroop I pray he may be asked where about I sate in that Court Councel Mr. Carr you hear the Question answer to it Carr. I am not able particularly to tell now it being many years since Scroop My Lord observe of what value this Evidence is I am sure I never was in his company I do not know that ever he saw me in his life I beseech you give me leave to plead for my self in all humbleness and modesty my Lord. L. C. Bar. Notice is taken of it Mr. Scroop God forbid
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
you only that you would lay it to your hearts that you would consider what it is to Kill a King and to kill such a King If any of you shall say That we had no hand in the actual Murther of the King remember that they that brought him to the Bar were all one as if they had brought him to the Block as St. Paul confessed though he held but the Clothes he killed the Martyr Stephen You are shortly to appear before Gods Tribunal and I beseech God Almighty that he will give you and us all those hearts that we may look into our selves No fig-leaves will serve the turn whatsoever you have said now as Prisoners or allowed to say for your own preservation in point of Fact Notwithstanding it will not serve before God Almighty All things are naked before him Lay it to your hearts God Almighty though you have committed these foul and horrid sins yet he can pardon you as he pardoned that murther of David I speak it to you that you may lay it to your hearts I am heartily sorry in respect you are Persons of great Civility and those that I know of very good parts and this I must say That you will consider with your selves if any of you have been led away though it were with his own conscience if any of you did it as you conceived in conscience remember that our Saviour saith The time shall come when they will persecute you and kill you and think they do God good service I have the Judgment of Charity possibly some of you did it in this kind and this is less than doing it wilfully others might do it by a mis guided Conscience there is a spiritual pride men may over-run themselves by their own holiness and they may go by pretended Revelations Men may say I have prayed about such a thing I do not speak it with reproach to any If a man that should commit a Robbery or Murther meerly because he will and should come and say I have prayed against it and cannot understand it to be a sin as one in Shropshire did and yet notwithstanding killed his own Father and Mother try your own spirits you must not think that every Fancy and Imagaination is conscience Men may have a strange fancy and presumption and that they may call conscience Take heed there is a spiritual pride the Devil doth many times appear like an Angel of light do not rest upon that self-confidence Examine your hearts consider the Fact by the word of God That is the rule the Law is to be applyed to it Eccles 8. Where the word of a King is there is power and who can say unto him What dost thou that is to shew the power of Kings in Scripture Remember withal that of David in Psalm 51. that penitential Psalm when he had committed that horrid sin against Vriah Remember what he said being a K. Tibi soli peccavi Against thee only have I sinned Truly it being in such a Case I speak it as before God almighty according to my duty and conscience I wish most heartily as to your Persons I pray God to give you that grace that you may seriously consider it and lay it to heart and to have mercy upon you and to forgive you And this is all that I have to say and now not I but the Sentence of the Law the Judgment which I have to give against you is this You Prisoners at the Bar the Judgement of the Court is and the Court doth award that you be led back c. And the Lord have mercy on your Souls Clerk Cryer make Proclamation Cryer O Yes c. All manner of Person c. Jurors and Witnesses to appear to morrow morning at seven of the Clock at this place So God save his Majesty Session-House Old-Bayly Octo. 1â— 1660. The Courts being Assembled Proclamation was made Clerk of the Court. Set Cook Peters Hacker and Axtel to the Bar They being brought the Keeper was afterwards ordered to take back all except M. Cook Cl. John Cook hold up thy hand c. Jury Sir J. Whitchcot James Hawley Jo. Nichol of Henden Tho. Nichol F. Thorn Edw. Wilford Wil. Gumbleton Jo. Shelbury Tho. Jenney Tho. Willet Sir H. Wroth Rich. Cheney of the Jury called and Sworn Mr. Cook May it please your Lordship I do not know any of these Persons I beseech your Lordship that in regard the safety of my life depends upon the indifferency of these Persons that your Lordship may demand of the Sheriff to know whether he hath not heard them say or any of them that they are preingaged I hope they are not and thereupon I have not challenged any Lo. Ch. Bar. Sir the Officer reads their names out of his Papers I suppose he doth not pick and chuse them I would not have him and I am sure he will not do you any wrong in that particular Cook My Lord I am satisfied Cl. If any man can inform c. Cl. J. Cook hold up thy hand Cook My Lords I desire Pen Ink and Paper Lo. Ch. Bar. Give it him Cl. J. C. Hold up thy hand You that are sworn look upon the Prisoner You shall understand c. Here the Indictment was read as before Mr. Soll Gen. May it please your Lordships and you Gentlemen that are sworn of this Jury the Prisoner at the Bar stands Indicted for High Treason for Compassing and Imagining the death of the late K. of Blessed Memory The indictment sets forth That he together with others did assemble at Westminster Hall and sets forth many other particulars of sitting sentencing and of the consequent Death and Murther of the King The matter and charge of the Indictment is for Compassing and Imagining the Death of the King the rest of the Circumstances of the Indictment are but alledged as overt acts to prove the Imagination which only is the Treason This Prisoner at the Bar stands here Indicted for this Treason of Compassing and imagining the late Kings Death My Lord his part and portion in this matter will be different from those that have been tryed before you they sat as Judges to sentence the King and he my Lord stood as a wicked Instrument of that matter at the Bar and there he doth with his own hand subscribe and exhibite a charge of High Treason a scandalous Libel against our Soveraign to that pretended Court to be read against him as an accusasion in the name of all the people of England when he had done that he makes large discourses and aggravations to prove if it had been possible innocency it self to be Treason When he had done he would not suffer his Majesty to speak in his defence but still took him up and said that he did spin out delays and desired that the charge might be taken as if he had confessed it He pressed the Court that Judgment might be given against the King he was the man that did
witnesses say they believe it that it is like my hand that I leave to you if that appear yet My Lord that that is put in writing as done by another that is the Dictator and does dictate unto me I humbly conceive that for any man to write words which in their own nature may be Treasonable if he doth but write them by the command of another by speaking them after another taking them upon rebound that is not Treason because they do not discover a trayterous heart Those words of compassing the death of the King in the 25 Ed. 3. they are secret imaginations in the heart and they must be manifest by some overtact that which was dictated my Lord unto me that I had expresly prescribed me what I should say what words I should say That I did not invent any thing of mine own head of my own conceit and therefore cannot properly be said to be malicious The next thing that I crave leave to offer is this that the pure and plain demanding and praying of Justice though injustice be done upon it cannot possibly be called Treason within the statute then I hope nothing that has been said against me will amount to Treason for the words in the natural grammatical plain genuine and legal sence will bear no other construction as I humbly conceive but that whereas those Gentlemen had his Majestie then in their power a Prisoner that it was prayed by me that they would do him justice I do hope that it will appear that I did give Bonum fidele Consilium It will appear I hope that some would have had a very voluminous and long charge that I was utterly against it as conceiving that it was not fit and requisite that any thing should be put in at least I durst not invent one word my self but what was expressed in the Act for tryal if your Lordships will not admit it an act you will an Order and so it will bear me forth at least to excuse me from Treason because I kept my self to the words whereas in that it was said that they should proceed according to the merits of the cause I was against that that I did not understand that but according to Justice that is but according to Law because the Law is the rule of Justice I do humbly hope my Lord that if by Law when words may be taken in a double sence they shall always have the more favourable interpretation much more when the words in the legal sence will bear it when it is prayed they will proceed according to justice I hope it will not be inferred there was any intention of doing injustice when justice was required And therefore my Lord the next word what I would offer is this if my Lord in all Tragedies which are as we call them judicially or colourably there are but these four Actors Accusers or Witnesses The Jury Judges and Executioner If I be none of these I cannot be Guilty of Treason I hope I may safely say according to Law that I had not a hand at all in his Majesties death My Lord the Court and Councel it is very true they do aim at the same thing the Councel Requireâ—â—â— Justitiam the other Exequendo Justitiam the end being the same to have Justice If when justice be demanded and injustice be done what is that to the Councel we read to of John concerning Pilate Knowest thou not speaking to Christ that I have power to crucifie thee and have power to release thee My Lord I humbly answer this to that which seems to be the most material part in the Indictment that We did assume a Power My Lords I did not assume a power I hope it will not be said that the Councel had any power Eloquentia in the Councel Judicium in the Judges and Veritas in the Witnesses 25. Acts. Tertullus that eloquent Orator accused Paul Paul answered for himself and it is said Festus being willing to do the Jews a courtesie he left Paul bound it was not the Councel that left him bound His Majesty was never a Prisoner to me and I never laid any hands upon him if any witnesses have spoke of any irreverence I must appeal to God in that I did not in the least manner carry my self undutifully to his Majesty though one of the Witnesses was pleased to say that I said these words that there is a Charge against the Prisoner at the Bar It was not said the Prisoner at the Bar there was not one disrespective word from me There is a Case in the third Institutes of the Lord Cook it is to this purpose That one wilfully and knowingly forswore himself the Case was put to inveigle the Court and though the Court does injustice upon a false Oath it is not injustice at all in the Witness it is Perjury in him if there can be no injustice in a Witness much less a Counseller can be said to have his hand in the death of any because he has no power at all this must needs follow that if it shall be conceived to be Treason for a Counseller to plead against his Majesty then it will be Felony to plead against any man that is condemned unjustly for Felony The Counsellour is to make the best of his Clients cause then to leave it to the Court it is said I should demand judgement I do not remember that I leave it to you but still to demand Justice Counsellers they do ingage in business before they do rightly understand the true matter of the fact it is part of a Serjeants Oath that so soon as he does discover the falsity of the Cause he should forsake the Cause My Lord by what Mr. Nutly hath said it appears and I have many Witnesses in the Countrey three or four in Leicestershire would have spoken full to this that my Lord there was not before the Sentence of the King to the best of my knowledge a word spoken by any that they did intend to put him to death I say to my knowledge and my Lord when Judgement is demanded is it not twofold of Acquittal and Condemnation if those that then were entrusted with the power of Judicature if they did not know any Law to proceed by to take away his Majesty then I demanding their Judgement it doth not appear to be my Judgement and I refer it to the learned Councel that Councel many times at the Assises and other Courts have been sorry that the Verdict hath been given for their Clients when they have known the right lay on the other side and so I might in this The next thing I humbly offer is that if in right reason considering the condition his Majesty was then in the advising to draw up the Charge was rather to be looked upon as a matter of service than disservice then it cannot be called Treason it is very true my Lord that a very small little Overt act will amount to a
more unless he was present and see it but you owned the Charge and there your name is that besides the two Witnesses there is your own actions to prove it When two Witnesses shall swear it is like your hand and you own that Charge I must leave it to the Jury you say you did this after command the words were dictated to you the words were conceptis verbis appointed and ordered by the Court but the pressing was yours he stands upon delays let it be taken pro confesso demanding Judgement these were your words another man may dictate a thing but you are not forced to speak it you urged it owned it you demanded not in the name of the Court but in the name of all the People of England you say further that your demanding Justice is not within the Statute as I said before what can be the effect of demanding Justice but that the King should die upon those premises you say further that it was in behoof of the King as you would urge it to do the King a Courtesie in asking the King might have Justice but you did not name what Justice it was but you did him a Courtesie truly the King was but a little beholden to you for that request all the world knows what that demanding of Justice was it was to have the Kings head cut off you went as far as you could it ended with you when you demanded Justice that is as far as you could you cut off the head S. Paul when the Witnesses laid down the clothes at his feet he said I killed Stephen the Martyr You say further that in all Tragedies the Accuser or Witness the Jury the Judge and executioner are the only persons and you are none of these you are only of Council if Justice was not done what was it to you you said you did not assume a power there was only Eloquence required in the Councel it hath been truly said that this is a great aggravation to be of Councel against the King you said his Majesty was then a Prisoner and accused Counsel cannot be heard against the King you undertake to be Counsel against the King in his own person and in the highest Crime if the Council at the Barr in behalf of his Client should speak Treason he went beyond his sphere but you did not only speak but acted Treason you said you used not a disrespective word to the King truly for that you hear what the witnesses have said you pressed upon him you called it a delay you termed him not the King but the Prisoner at the Bar at every word you say you did not assume an authority it is an assumption of authority if you countenance and allow of their authority you say you do not remember you demanded Judgement against the King that is fully proved against you you your self asked the question whether you did say against the King he did not remember but others positively that you demanded Judgement against the King and Prisoner at the Bar you said that before Sentence there was not an intention to put the King to death to that Mr. Starkey swears that you expresly said the King must die and Monarchy with him and this before the sentence whereas you say this is but one witness that there is to be in Treason two witnesses but that there should be two witnesses to every particular that is an Evidence of the fact that is not Law if to one particular that is an Evidence there be one witness another to another here are two witnesses within the meaning of the Statute two witnesses to the Indictment compassing and imagining the Death of the King being accompanied with other circumstances this one witness if you believe him is as good as twenty witnesses because other overt acts are expresly proved by several witnesses You say next for the drawing of the Charge in right reason it ought to be counted for the service of the King First you do acknowledge and truly very ingenuously that in the time of peace to bring him to the Bar not being a prisoner is Treason you say it according to the Law and that you delivered the charge for the accelerating of the Charge and that it was not done by you traiterously you say the King was a Prisoner before and you say what hands he was in in the hands of men of power and violence it had been your duty to have delayed it not accelerated it that there might have been some means of prevention of that bloody act that followed if you knew that to be Treason to make him a prisoner Subjects do not use to make Kings Prisoners but Death follows You urge in the next place the Act of Indemnity and that you are not excepted for that you have made as much of it as the matter will bear yet you must consider First as a rule in Law that where they are general words when they come to be explained by the particulars you shall not include them within the general Mark the very words they are these Provided that this Act nor any thing therein contained shall extend to pardon discharge or give any other benefits whatsoever unto such and such among whom you are named nor any of them nor to those two persons or either of them who being disguised by Frocks and Vizards did appear upon the Scaffold erected before White-Hall upon the thirtieth of January 1648. All which persons these are the words First It shall not extend to you then it comes All which persons for their execrable Treason in sentencing to death or signing the Instrument for the horrid murther or being Instrumental in taking away the Precious Life of our late Soveraign Lord CHARLES the First of glorious Memory are left to be proceeded against as Traytors to His late Majestie according to the Laws of England and are out of this present Act wholly excepted and foreprized First as I told you before and as it was very well said by Master Sollicitor admitting the reason had been mistaken and that you had not been comprehended in the reason you are excepted out of the body provided it shall not extend c. Many times Laws do make recitals which in themselves are sometimes false in point of fact that which is the Law is positive words the other words are for the reason Excepting all which that is Master Cook which persons are excepted not for doing of it but for his execrable crimes in being instrumental It is clear without that if it were not so we say when a Sentence is or such a one or such a one the third Or makes all disjunctive Here are three Or 's first in sentencing to death or signing the Instrument then comes this or being instrumental in taking away the precious life of our late Soveraign c. this Or doth clearly exclude the other two or instrumental not only in point of death but further being neither a Sentencer Signer or being
that blessed be God the house is purged and the Lords will be shortly pull'd out and the twenty eighth day of January which was the day after the King was sentenced at Saint James's his Chappel you took for your Text the 149. Psalm the 6 7 8 and 9 verses whereof these words were part To bind their Kings in chains and their Nobles with fetters of iron there in the middle of that Sermon having spoken before of the King you said you did intend to preach before the poor wretch upon the 14 of Isaiah the 18 19 and 20 verses speaking of all the Kings of the nations Thou art cast out of thy grave like an abominable branch c. he saith further you said look upon your lesser Bibles and you will find the title is The Tyrants fall There is another witness that is one Bowdler a few days before the Kings death at S. Sepulchres there you fell upon the old comparison all along you compared the King to Barabbas and that a great many would have Christ crucified and Barabbas released all along comparing the King to Barabbas One more and that was Ryder he heard this text He shall call his name Emanuel you fell to speak of news what shall become of the King and you said the King was Barabbas and a great many would rather have Christ crucified than Barabbas And then Mr. Walker he saith that after the King was first brought to his tryal he heard you say this I have prayed and preached this twenty years and now may I say with old Simeon Lord now lettest thou thy servant depart in peace for mine eyes have seen thy salvation he mentions that you made use of the other comparison of the Major and the Bishops man and inferred from thence that the King and Prince c. were not excepted out of the Scripture where it is said Whosoever sheds mans blood c. you have heard all this witnessed against you what have you to say for your self Peters These are but single witnesses Lord Chief Baron The statute is two witnesses for Treason but not two to one individual thing though there are several witnesses have proved the same thing about Barabbas and our Saviour Bind their Kings with chains c. and of your other actions there is a whole Jury of witnesses two witnesses expresly we agreed upon the Kings death and we resolved to set the King aside Pet. I do not know the witnesses Lord Chief Baron One is Sir Jeremy Whitchcot the other is Doctor Young you shall do well if you have any thing to say to invalid these witnesses to speak to it else the Jury will be sent together to deliver up their verdict Peters My Lord if I had time and opportunity I could take off many of the witnesses but because their testimony is without control I cannot satisfie my self I have no skill in the Law else I might have spoke for my self I do not know what to say more unless I had more time and counsel Mr. Soll. Gen. If the prisoner can say no more here is this in it here are five places where he did consult about the Kings death at Windsor at Ware in Colemanstreet in the Painted Chamber and in Bradshaws house and four witnesses to prove this there are two witnesses to his comparison of the K. and Barabbas and two witnesses to his text of binding their K. inchains c. proof that he hath been in action in New-Eng that he came from it with that intent and then went to Holland that he had been in arms that he called the day of his Majesties tryal a glorious day resembling the judging of the world by Saints he prays for this in the Painted Chamber preaches for it at Whitehall S. James's Chapel Sepulchres what man could more contrive the death of the King than this miserable Priest hath done the honour of the Pulpit is to be vindicated and the death of this man will preach better than his life did it may be a means to convert many a miserable person whom the preaching of this person hath seduced for many come here and say they did it in the fear of the Lord and now you see who taught them and I hope you will make an example of this carnal prophet The Jury went together and after a little consultation settled in their places Cl. Are you agreed in your Verdict Jury Yes Cl. Who shall say for you Jury Our foreman Cl. How say you is the prisoner at the Bar guilty of the Treason whereof he stands indicted or not guilty Foreman Guilty Cl. And so you say all Jury Yes Cl. Look to him Keeper Coun. We desire Mr. Cook may be brought to the Bar and that they may both have their judgement pronounced Cl. John Cook hold up thy hand what hast thou to say why the Court should not pronounce judgement for thee to dye according to Law Cook I have a few words matter of Law First there is no averment in the Indictment that J. Cook mentioned in the Act of Indempnity is the same with the John Cook mentioned in the Indictment and that I am the John Cook mentioned in both L. Ch. Bar. This will not help you in this case you have owned and have pleaded by the name of John Cook Cook The second is this that the overt acts should be particularly expressed in the Indictment L. Ch. Bar. This cannot be alledged in arrest of judgement the Jury have found you guilty of compassing and imagining the death of the King by the statute of 25 Edw. 3. and this cannot help you Cook I say it was professionately L. Ch. B. That hath been overruled already we have delivered our opinions the profession of a Lawyer will not excuse them or any of them from Treason and this hath been overruled and is overruled again Cook I humbly conceive that the remaining part of the House of Commons were to be Judges whether there was a force or not L. Ch. B. This is all past and overruled Cook Then I have no more Cl. Hugh Peters Hold up thy hand what hast thou to say for thy self why Judgement should not pass against thee to die according to law Peters I will submit my self to God and if I have spoken any thing against the Gospel of Christ I am heartily sorry Silence Commanded L. Ch. Bar. You are both persons of that ingenuous and liberal education as I hope I shall not need to tell you what it is to die you have had a great a deal of time to think of it you could not but think of this issue of your doings long ago and therefore I shall spare my labour of telling you what it is to die and of that eternity that you are to enter into only give me leave in a few words in relation to both of your professions to say something to shew the nature and hainousness of this offence the murther of the King if you were not
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
a sentence that he did conjure them to withdraw once again and to consider of it if it were but half an hour or saith he if that be too much for you I will withdraw My Lord here I can make my appeal to him that must judg me when you have done with me I had not a murderous nor a trayterous thought against him but Sir I confess such deep passions did fall upon me that truly my self I was not I remember the persons betwen whom I sate as it fell out were one Mr. Cawly and Col. Walton these two I sate betwixt these were the very words I speak to them Have we hearts of stone are we men they laboured to appease me they told me I would ruine both my self and them said I if I die for it I must do it Cromwel sate just the seat below me the hearing of me make some stir whispering he looked up to me and asked me if I were my self what I meant to do that I could not be quiet Sir said I No I cannot be quiet upon that I started up in the very nick when the President commanded the Clerk to read the Sentence I stepping up and as loud as I could speak spoke to this effect these words or to the like purpose My Lord said I I am not satisfied to give my consent to this Sentence but have Reasons to offer to you against it and I desire the Court may adjourn to hear me presently he stept up and looked at me Nay saith he if any one of the Court be unsatisfied the Court must adjourn Sir accordingly they did adjourn into the inner Court of Wards when they came there I was called upon by Cromwel to give an account why I had put this trouble and disturbance upon the Court I did speak Sir to this effect it is long ago the very words I think I cannot speak but to this effect I did speak My Lord I should have been exceeding glad if the Court had been pleased to condescend to this gracious Expression but it is not too late for me I desire not his Death but his Life and that the Nations may be setled in Peace The King now is pleased to offer That if he might but speak with his Parliament he would offer to them such things as should be satisfactory to us all So said I what would you have Your pretence of bringing him to these Proceedings was That after such a long and bloody War his Majesty would not condescend to such Concessions as might secure the Parliaments Party but now you hear him that he will give every one of us satisfaction I told them sadly told them I think I may truly say more sadly then than at this time that if they should go precipitantly on and give Judgment upon him before they had acquainted the Parliament with what the King was pleased to offer we should never be able answer it the rather my Lord and that I did press with all the little understanding that I had if they did but consider the last concluded Order that the Parliament made after the passing of the Act for Trial that which was so called I say there was this Order that shut up all That upon any Emergency that could not at that time be thought on in the House the Court should immediately acquaint the House with it My Lord I did infer as strongly as I could to them That if this were not Emergent I could not tell what was The King denied the Jurisdiction of the Court and yet with all vehemency desired to speak with his Parliament were not these Emergencies if not I knew not what were Emergences My Lords Besides this there was another thing I did press that I thought was of greater consequence than this as to the satisfaction of every Man 's particular Conscience that admitting if it might be admitted that the King was liable to his Subjects that they might call him to an account and might condemn him I beg your pardon that I take the boldness to make such admissions but if such a thing might be admitted certainly it did exceedingly become those Judges that were to give such a Sentence not against a common Person but against the greatest to be very well satisfied in Matter of Fact to a full Evidence before them that such and such things that were said were true I do acknowledg this that to the best of my apprehension I wish it had been so to others there was a great shortness in this I do humbly affirm this That not one Member of the Court did hear one Witness Viva Voce I did press That if the Court did give Judgment against the King without a fair Examination I said it was such a thing as no Judg at any Assizes would do against a common Person what I had was from Peters and from some private Whispers from one of them that is gone and hath received his Sentence and Doom Cromwel did answer with a great deal of storm He told the President that now he saw what great reason the Gentleman had to put such a trouble and disturbance upon them saith he Sure he doth not know that he hath to do with the hardest hearted Man that lives upon the Earth however it is not fit that the Court should be hindred from their Duty by one peevish Man he said the bottom was known that he would fain save his old Master and desired the Court without any more ado would go and do their Duty Another that spoke to me in answer was one that hath been before you and hath rereived his Sentence but is not dead and I desire I may not name his Name his answer was to what I have said That some Men were either Scepticks or Infidels After this I did go into the Speaker's Chamber and there I did ease my mind and heart with tears God only knows I have an unhappy memory I have slipt many thinâ—s Lord Chief Baron Remember your self by Papers if you have any no man will hinder you Downes I have no papers but my Lord for the truth of this I have said there are some witnesses that will make the substance the effect of this appear Lord Chief Baron Mr. Downes there is one particular before you come to the witnesses that after all these Convictions you signed the Warrant you deny it the Council will prove it Downes I did never hope or think that any thing I can say should be so satisfactory to you but things might be retorted upon me and perhaps what I thought might be for extenuating my Crime my fall out to my disadvantage I understand you do proceed upon three particulars either signing the first Warrant for constituting the Court To my remembrance I know not of it if my hand was to it I have forgot Counsel Your hand is not to that but we mean your hand is to the Warrant for execution pray shew it him It was shewn him Downes My Lord
how to reconcile that which hath been said before with this that comes after I leave it to you I am totally at a loss When those times were how impetuous the Soldiers how not a man that durst either disown them or speak against them I was threatned with my very life by the threats of one that hath received his reward I was induced to it Certainly my Lord it doth argue that there was not malice predommant Love and Hatred cannot be at the same time in one person Design my Lord what should be my design a poor ordinary mean man Surely my Lord I could not design any great matters or places I knew my self unfit I humbly beg you would give me leave to tell you a little what I got Mr. Sol. Gen. By your favour my Lord the Prisoners at the Bar may say what they will by way of extenuation but we expect that when they enter upon these Discourses they will save your Lordships time and ours by a publick confession and evidence of sorrow We cannot spend so long time to hear these long Discourses we will rather prove it against every man singly Downes I will trouble you no further I do acknowledge all I humbly submit and beg your favour and leave my self eupon my Countrymen the Jury and beg the King's mercy specially Pray spare me one word that you would hear but a Witness or two unto that business Counsel He doth confess he sate and signed we beleive he is sorrowful and against his Conscience he did sign and that he did it out of a fear and from a threat that he was over-awed so was the Hangman too but after he had apprehended this sorrow and declared his Judgment upon the fact he signed the Warrant Downes My Lord I do humbly beg his Majesties mercy I came in upon the Proclamation Vincent Potter My Lord my condition requires ease for my Body he had a fit of the Stone upon him at that same time I pray that the passing the Sentence for execution may be suspended L. Ch. B. The Execution must be suspended for you are within that Qualification Potter I desire only this I am not in a condition to declare what I know and would speak I am mighty ful of pain if I am under that Qualification let me rest under that Counsel Do you confess the Indictment or will you put us to prove it Potter I am one that came in L. Ch. B. It is thus with you whether or no did you sit sign or act in this High Court of Justice against the King Potter I will deny nothing I confess the fact but did not contrive it I am full of pain Lord Chief Baron According to the demerit of the Case in Law you must receive Judgment here but no execution of that Judgment shall be until the King by advice and consent of Lords and Commons shall order the execution of it you are to be tried now Do you confess you signed the Warrant for execution of the King Potter I do confess it my Lord. Counsel We do accept it Potter I beseech you let me go to ease my self Lord Chief Baron Officer set a Chair for him which was done Mr Potter sit down Aug. Garland May it please your Lordship I came here this day intending to have waved my plea and referred my self to this honourable Court to be recommended to the Kings mercy and the Parliament But hearing of some scandal upâ—â— me more then ever I did hear till within these few dayes I shall desire your favour in hearing of my Trial. Mr. Sol. Gen. My Lord he saith well for if he had confessed the Indictment we should not have accepted it Call the Witnesses Garland I do confess this I sate and at the day of Sentence signed the Warrant for Execution Mr. Sol. Gen. And we will prove that he spat in the Kings face Gar. I pray let me hear that Otherwise I would not have put you to any trouble at all Clench sworn Counsel Do you know the prisoner at the Bar Augustine Garland Clench I know him very well Counsel Tell my Lords and the Jury how you saw him behave himself to our Sovereign Lord the King when he was at the Bar. Clench I was that day at Westminstar-hall when the King had sentence they hurried the King down this Mr. Garland came down stairs by them towards the bottome of the stairs he spit in his face at a little distance Couns Do you believe he did it on purpose upon your oath Clench I suppose he did it somewhat suspiciously in that way I did see the King put his hand in his left pocket but I do not know whether the king wiped it off Mr. Sol. Gen. The King wiped it off but he will never wipe it off so long as he lives He hath confessed that he sate that he sentenced and that he signed We say he contrived it at the beginning and at last bid defiance to the King I shall desire he may be remembred in another place Garland I do not know that I was near him at that time I do not remember this passage I am afraid he is an Indigent person If I was guilty of this inhumanity I desire no favour from God Almighty L. Ch. B. I will tell you this doth not at all concern the Jury but this Circumstance possibly may be considered in another place Gar. I refer my self whether you be satisfied that I did such an Inhumane act I submit that to you I dare appeal to all these Gentlemen here looking upon the prisoners or any other whether they ever heard of it nor I was never accused for such a thing till a few dayes since but I wave my plea and refer my self to the Court Now my Lord this is the truth of my Case there is that honorable Gentleman the Speaker of the House of Commons knows I lived in Essex in the beginning of these troubles and I was inforced to forsake my habitation I came from thence to London where I have behaved my self fairly in my way Afterwards in 1648 I was chosen a member into the Parliament in June 1648 I came in a Member of the Parliament My Lord after the division of the House by the insolency of the Soldiery some came to me and desired me that I would go to the House I was then at my Chamber at Lincolns-Inne I forbore a Week and more said I I do not expect to be admitted for they look upon me as another person said they If you will go you shall have no contradiction I went and went in when I was in the first business that came was the business of Tryal of the King and it was put on me to be Chair-man for bringing in this Act for Tryal I did not know how to contradict that power or authority be it what it will but I must obey I fear my ruine will follow it in that respect my Lord when I came there I
was forced to run through out what they had imposed upon me Having seen me I could not shrink from them for fear of my own destruction and thereupon I did go in and did that which I have confessed to your Lordships not out of any malignity to his Majesty I had never any disrespect to him in my life My Lord I did not know which way to be safe in any thing without Doors was misery within Doors was mischief I do appeal to all that had any thing to do with me that I never did any wrong to any that was of the Kings party but helped them as I was able My Lord when the Government was thus tossed and turned and tumbled and I know not what and the secluded Members came into the House I knew not what to do in that case neither Assoon as this Parliament had declared the Treaty which was the eighth of May the ninth of May I appeared before the right honourable the Lord Mayor of London and did claim the benefit of his Majesties gracious Declaration and to become a Loyal Subject as in my heart I alwayes was and my Lord Mayor being there I hope he will testifie that assoon as I heard of the Proclamation I rendered my self according to the Proclamation My Lord this hath been the carriage of me being alwayes under fear and force I refer my self to your Lordships Symon Meyne When I was last here my Lord that I did then speak Not guilty was not as to the matter of fact but my Conscience telling of me that I had no malice or ill intention to his Majesty that was the reason For Matter of fact I shall acknowledge what I have done and lye at his Majesties feet for mercy I am an ignorant weak man in the Law I will confess the fact Couns Did you sign the Warrant for summoning that Court and did you sign the Warrant for Execution of the King Meyne I did sit in Court Counsel Did you sign the Warrant for Execution Meyne My Lord I knew not of the King 's bringing up I never was at any Committee Counsel We do not ask you that Look upon the Warrant and see if your hand and seal be not to it Meyne My Lord it is my hand Counsel Then my Lord we have done Meyne My Lord I acknowledge it is my hand By what importunity it my be known to some here I was very unwilling to it I was told What fear was there when forty were there before and twenty was of the Quorum I was thereupon drawn in to set my hand to it My Lord I never plotted nor contrived the business There was a Gentleman that told me if I did offer to speak in the House pluckt me down by the Coat and he told me I should besequestred as a Delinquent the name of this person I shall omit saith he you will rather lose your estate then take away the King's life I leave it with you James Temple At the last time I pleaded to the Indictment Not guilty but I shall now desire to see my hand and if it be my hand I must confess all circumstances must follow The Warrants being shewn him I do accknowledge it is my hand to both I never did consult concerning the Court. Counsel There are some worse then he but he is bad enough James Temple I refer my self to the King and Parliament and presented a Petition which was received by the Court. Peter Temple When I was here the last time I pleaded Not guilty the reason was because there are divers things in the Indictment that my Conscience tells me I am not guilty of for I had not a malicious or trayterous heart against the King To save your Lordships time I will confess what I am guilty of I was in the Court sate there if I see my hand I shall confess it Counsel Were you there when Sentence was given Temple Yes Sir Counsel Shew him the Warrants which being shewed him I acknowledge they are my hand and refer it to your Lordships Counsel Mr. Wayte you heard the Charge read against you what say you to it Thomas Waite Truly my Lord when I was here last I pleaded not guilty I humbly desired then your Lordships to hear me a word or two You promised me then I should be heard I shall desire to speak for my self Lord Chief Baron God forbid but you should Mr. Sol. G. By your Lordships favour we must speak first if he will confess the fact he my speak what he will Did you sit in the Court Waite Yes Counsel The day of Sentence Waite Yes Counsel Is your hand to the Warrant for Execution Waite I know not pray let me see it It was shewen him My Lord I confess it is like my hand but I do not remember it Counsel If you do not acknowledge it it will be proved Waite Truly my Lord I do beleive it is my hand Counsel Then the Jury will not doubt it Waite But I desire to be heard I am loath to trouble you much I will tell you how I was brought into this business My Lord I was a Member of that House that erected this Court when the Treaty was in the Isle of Wight Immediately after the Army came up I was utterly against that Act in the House When the Army came up to purge the House I was much troubled at it I desired to know the Charge they had against them Two or three dayes after I did move and there were other Gentlemen that did move to know what Charge there was They sent word we should have a Charge in due time we sent and none came but said we should have it in due time I went to those worthy Gent. to see them in prison and seeing nothing would be done I took my leave and made account to see them no more and went down into the Country to Leicester-shire I was sent for up several times I would not come with threats upon pain of Sequestration My Lords there were Petitions going up and down in the Country for bringing the King to that business which was against my conscience I went to Rutlandshire I heard there were some things working there I used my interest and I thank God I stopt it I came then to London when all these things were destroyed I came to London the day before the Sentence was given I went to the House thought nothing some were sent to the Tower and I was sent for to the House and my name was in the Act unknown to me but one sent a Note in my Lord Gray's Name that he would speak with me I went to him and I said my Lord what would you do with me saith he I did not send for you Thereupon Cromwel and Ireton laid hold on me said they We sent for you you are one of the High Court No said I not I my Judgement is against it they carried me to the Court. When the King desired to
Countrey-man I was glad to hear of your great penitence for that horrid crime and I would have been glad to have seen it now advise with your self whether you do your self any good in speaking to extenuate when you know there is no man against whom there are such circumstances of aggravation as against you consider whether a publick penitence would not be more proper Waller I beseech you report me both to his Majesty and Parliament and receive me into your grace as being penitent truly penitent To say so now were a small thing for the fear of the punishment may procure it but I have been more penitent when no eye hath seen me but God when I never imagined to be questioned for this sin then my heart hath yerned in the business but I shal not trouble your Lordships God holds forth Mercy his Majesty holds forth Mercy the Parliament holds forth Mercy My Lords let me say something to you though it be but a word of the violence and force of temptation you may have been under it or may come to it Christ himself was under it we find that faithful Abraham by the power of a Temptation delivered up his wife to commit Adultery which scarce a Heathen would we finde that valiant Peter denied his Master righteous Lot committed incest None abhors this fact more then I do I have done it so long beforehand I need not be afraid to speak it in the face of the Judge of all men that is all I shall say I rendred my self three times I had as much opportunity to make my escape as any person whatsoever Lord Chief Baron It is understood Sir Hardress Clerk Isaac Pennington hold up thy hand thou art in the same condition as the former what canst thou say for thy self why judgment c. Pennington My Lord I have said what I have to say and shall not trouble your Lordships any further Clerk Henry Marten hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Marten I claim the benefit of the Proclamation Clerk Gilbert Millington hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Millington I shall not trouble you with long discourses I will say no more but this I have made a publick resentment of my sorrow for this offence formerly and many times I shall now desire no more but humbly beg that I may have the benefit of the Proclamation and pray his Majesties most gracious Pardon Clerk Robert Tichborne hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c Tichborne My Lord I will not trouble you with any repititions I have made my humble request before I leave it with you Clerk Owen Roe hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Roe My Lord I have no more to say then I said before Clerk Robert Lilburn hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Lilburn I shall refer my self without further trouble to the Court my Lord I beg the benefit of the Proclamation Clerk Thomas Waite hold up thy hand Thou art in the same condition what canst thou say for thy self why Judgment c. Waite I can declare no more than what already my heart is sorry for what I have done I beg the benefit of the Proclamation Clerk Edmond Harvey hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Harvey My Lords I have no more then what I have said before Clerk John Downes Hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Downes I shall not trouble you any further I shall desire the benefit of his Majesties Proclamation Clerk Vincent Potter hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Potter My Lord I do not know Law I understand it not I am not in a condition to speak what I would have willingly spoke I desire that God would have mercy and I look for mercy from God and wept Clerk Augustine Garland Hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Garland I humbly desire your Lordships charitable opinion of me notwithstanding what has been objected against me I humbly refer my self to the Parliament Clerk George Fleetwood hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Fleetwood My Lord I have already confessed the fact I wish I could express my sorrow and wept Clerk James Temple hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. I. Temple My Lord I can say no more I beg the benefit of the Proclamation Clerk Simon Mayn hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Mayne I have told you before my Lord I have no more Clerk Peter Temple hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Peter Temple My Lord I came in upon the Proclamation and I humbly beg the benefit of it Cl. Tho. Waite hold up thy hand thou art in 〈◊〉 same condition what canst thou say for thy self Waite My Lord I refer it to your Lordships Clerk Francis Hacker hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Hacker My Lord. I have nothing to say but what has been before your Lordships Clerk Daniel Axtel hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Axtell May it please your Lordships my case differs from the rest of the Gentlemen L. Ch. B. I would be loth to hinder you but I must tell you that what hath been over-ruled must not be spoke to if you have any thing against the Indictment matter of Law go on Axtell I have one thing more that I did not then mention L. Ch. B. If it tend not as an exception to the Indictment it is not to be heard Axtell My Lord then I shall apply my self to that point I humbly conceive my Lord that my overt acts were not sufficiently set down in the Indictment as might be sufficient in Law to attaint me of high Treason I do not remember that the Overt act that was applyed to me in evidence was charged in the Indictment I have onely that exception because of the insufficiency of that point In the next place my Lord there is not the right additions to my name there are many persons of the same name I am arraigned by
have to say my Lords L. C. Bar. You Gentlemen that are sworn of this Jury you see the Prisoner Mr. Scroop hath been indicted for imagining and contriving the death of his late Majesty of blessed memory King Charles the first You see there are several things in this Indictment the charge is the Imagining and compassing the death of the King In the Indictment there are several matters of fact to prove this Imagination The Imagination is the Treason the matters of fact to prove it are but the evidences of that imagination if any one of them be proved to you it is sufficient the one is consulting and meeting together how to put him to death the other Sitting and Assuming Authority to bring him to Tryal Then you have a Sentence by the Court to put the King to Death thereupon Afterwards he was put to Death Any one of these matters are Evidence enough for you to prove the Indictment for though the Indictment concludes that so they did Imagine and Compass the Death of the King and that the King was put to Death in manner and form as aforesaid the manner and form aforesaid goes to this To the imagination of the Heart for the Law did not think any one would put the King to death they thought it so a Crime they thought it not convenient to bring it into the Statute But the Compassing and Imagining the Death of the King is made Treason Then to apply it this Fact to the Gentlemen it appears to you here by the proofs against him Here is Mr. Masterson he swears he saw him sit in that pretended Court there was your Evidence of the first the first was their Meeting together and of the second too They did Assume Authority upon them and he swears further to the Sentencing That the Prisoner was there Here were the Three Overt-Acts all proved He confesses he did sign the Warrant for putting the King to Death This without any Witness at all was a sufficient proof a Proof of proofs The other Witnesses you hear what they say you hear Mr. Kirk M. Clark M. Nutley swear all to his Sitting there It is true when this comes to the particulars where he sate you must remember it was Twelve Years ago when a man sees a mixt number of about Eighty Persons it is impossible a man should be able to answer this particular after Twelve years where such a one sate but you may see by his Sentencing what he did They all witness they saw him positively and one tells you He wondered he saw him there and indeed it might be a wonder for Mr. Scroop to give him his right was not a Person as some of the rest but he was unhappily ingaged in that Bloody Business I hope mistakenly but when it comes to so high a Crime as this men must not excuse themselves by ignorance or misguided Conscience As to God for this Horrid Murther of the King somewhat may be but there is no Excuse or Extenuation before Man there may be I say before the Lord. You see the Proof is full against this Gentleman as full as may be Witnesses saw him Sit and he himself confessed he signed the Warrants I have no more to say to you but Gentlemen you see what it is I think for matter of Fact you need not go from the Bar but I leave it to you Scroop My Lord Lord Chief Baron Mr. Scroop If you have any thing to say when the Jury have brought in their Verdict if you will say any thing for matter of Mercy the Court will hear you Scroop I thank your Lordship The Jury went together and presently settled themselves in their places Clerk A. Scr. Hold up thy hand Look upon the Prisoner How say you Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or not guilty Jury Guilty Clerk What Goods and Chattels c. Jury None that we know L. Chief Bar. If you will say any thing the Court will hear you Scroop I have no more My Lord but refer my self to this Honourable Court. Clerk Set John Carew Tho. Scot John Jones and Gregory Clement to the Bar who were set accordingly And being Commanded they severally held up their hands Clerk These men that were last called c. Sir Tho. Allen Lay your hand on the Book Look c. Carew I Challenge him L. C. Bar. Are you all agreed as to your Challenges Pris No my Lord. L. C. Bar. Then we must do as before sever you and go to Tryal severally Take the Three away and let Mr. Carew stand at the Bar. Challenged Charles Pitfield Wille Will. Smiths Rich. Rider Edward Rolph James Shercroft Tho. Vffman Francis Beal Will Whitcombe Samuel Harris Jo. Nicol of Finchley George Rigth Tho. Fruen Ab. Newman Tho. Blithe Will. Vincent James Hawley Chr. Abdy Tho. Bide John Smith Abr. Scudamore Ralph Halsel John Galliard In all 23. Jury Sworn Robert Clarke Thomas Grover Rich. Whaley Sam. Greenhil Nicholas Raynton Tho. Winter Rich. Cheney John Kerk Rich. Abel Thomas Morris George Tirrey Thomas Swallow In all 12. If any man can inform my Lords the King's Justices c. Cler. John Carew hold up thy hand You that are sworn look upon the prisoner You shall understand c. Sir Edw. Turner May it please your Lordships our Hue and Cry still proceeds against the Murtherers of our late Sovereign Lord King Charles the First of blessed memory and this Gentleman the prisoner at the Bar is apprehended as one among others for shedding that pretious blood Gentlemen of the Jury he stands indicted before you For that he I cannot express it better not having the fear of God before his eyes but being seduced by the instigation of the Devil he did imagin and compass the death of his said late Majesty In prosecution of this Gentlemen there be several things that are mentioned in the Indictment which are the open acts to discover to you these secret and private imaginations He did meet and consult with divers persons touching the death of the King that did usurp and take upon them to exercise a Power and Jurisdiction to try the King and finally most horribly put him to death The Treason by the Statute of 25 Edw. 3. and which you are to enquire of is the imagination and compassing the death of the King the rest of the Indictment are but particulars to prove that he did so imagine and compass the death of the King If we shall prove these or any of these facts you have then sufficient to convict them There was a thing they called a High Court of Justice that was set up wherein they did intend to try our late Sovereign Lord and a precept made and that under the hand and seal of the prisoner at the Bar amongst others for summoning and convening that bloody Court where among the rest of the Miscreants the prisoner at the Bar did sit and had confidence nay impudence
to pronounce Judgment against his Soveraign In this he rested not but he among them set his Hand and Seal to that bloody Roll or Warrant for putting him to death which accordingly was done and to these several open acts we shall call out Witnesses and so proceed M. Masterson M. Clark and M. Kirk sworn Coun. M. Masterson look upon the prisoner did you see him sit in that they called the High Court of Justice Lord Chief Baron Mr. Carew if you will have pen ink and paper you may have it pray call for it Carew I have no need of it Coun. Mr. Masterson did you see c. Ma. My Lords and Gentlemen of the Jury I was present at that Assembly which they called the High Court of Justice for Tryal of the King upon the 22 23 and 27th days of Jan. 1648. and there I saw the King stand a Prisoner at the Bar. I saw this Gentleman the Prisoner at the Bar sit upon the Bench in that Court as one of his Majesties Judges particularly upon the 27th day of Jan. which was the day of Sentence I saw him sitting there Coun. Mr. Clark You hear the Question Do you remember that you saw the Prisoner at the Bar sitting in that which they called the High Court of Justice Mr. Clark I remember I saw the Prisoner at the Bar sitting in that which they called the High Court of Justice for the Trial of the late King and particularly I took notice upon the 23. and 27th of Jan. 1648. that he was present Coun. What was done upon that 27th day Mr. Clark The 27th day the late King was sentenced to death Jury What is your Name Sir Coun. His Name is William Clark Coun. Mr. Kirk What say you to the former Question touching the Prisoner his being at that which they called the High Court of Justice Mr. Kirk My Lords and Gentlemen of the Jury I was present at the Tryal of his late Majesty of blessed memory I saw that Gentleman the Prisoner at the Bar several days there particularly the day of the Sentence which was the 27th day of Jan. 1648. when the Sentence was passed he rose up assenting to it Then the Warrant for summoning that pretended Court was shewed to Mr. Kirk Coun. Do you believe that Hand to be the Hand of Mr. Jo. Carew Prisoner at the Bar Kirk My Lords I do believe it to be his Hand I have seen his Hand to several Orders and being very well acquainted with his Hand-writing I believe it to be his Hand as much as any Man can possibly know another man's Hand Then the Warrant for Execution of the King was likewise shewn him Coun. Is that the Hand also of the Prisoner at the Bar Kirk It is the same Hand my Lord. Court Was Mr. Carew a Member of the Long Parliament K. Yes My Lord. Coun. Had you occasion to be acquainted with his hand K. My Lord I have seen him set his hand several times to Orders and other Papers Mr. Farrington sworn Coun. Do you know the Warrants being shewn him those hands to be the writing of the Prisoner at the Bar Far. My Lords really I believe these are his hands Court Are you acquainted with his hand Far. Yes My Lord and I do believe these to be his hand-writing I did not see him write them but so far as possibly a man can know anothers writing I do believe these to be his Court If you will ask to see them you may see them Mr. Carew Ca. Please you to go on Here they were both read Coun. May it please your Lordships we shall not need to trouble the Jury any further we have proved that the Prisoner did sign that Warrant for summoning that Court of Injustice that he sate there and sentenced the King to death among other and that he signed the Warrant for execution L. Chief Baron M. Carew you have heard the evidence you may please to speak what you think fit for your self Ca. My Lords the crimes that are here laid to my charge in this Indictment are Treason and Murther L. Chief Baron I would not have you to be mis-informed it is Treason onely but it carries the other in with it Murther Ca. Because you say it carries the other inclusively L. Chief Baron It doth the charge is the compassing and imagining the death of the King the other is but evidence Ca. Then the thing that I stand upon before the Lord and before you all I say before the Lord before whom we must all stand and give an account of this action which is a very great and weighty one And whereas it is charged there for I shall not trouble you with many words as to the particulars or as to the proofs but I shall ingeniously acknowledg what the truth is and how far I can believe it and therefore I say as to the beginning of what was charg'd by the Council and according to the course of the Indictment that what was done in those things that it was not having the fear of God before mine eyes but being moved by the Devil and that it was done with a Trayterous Malicious and Devilish heart and all those things mentioned in the Indictment As for that I can say in the presence of the Lord who is the searcher of all hearts that what I did was in his fear and I did it in obedience to his holy and righteous Laws Here the people hum'd L. Chief Bar. Go on he stands for his Life let him have liberty Ca. It is part of my charge not to have the fear of God c. I did such and such things I hope I may have liberty L. Chief Bar. Go on you shall not be interrupted Ca. I say that I did it in the fear of the Lord and I will begin with that and confess ingeniously the truth of it When this came into question there was an Ordinance brought in to try the King where my name was not as one of the Judges There was another afterwards an Act which I shall mention upon what ground by and by what that was and that Act was brought in and committed and names brought in and my Name was not brought in and so afterwards my name was put in and seeing it I did strike it out After the Committee was up I told them I did desire to be excused in such a business I have told you how wherein and the ground that I did it which I shall leave with the Lord in whose hand your and my breath and all our breaths are and therefore when it was so I did because of the weight of it as being a very great and special thing and so I was very unwilling because of there being enow which I thought had more experience every way for so great a concernment as that was to be imployed rather then I yet being satisfied with that Authority that did it This is to shew you how that I had the fear