be directed to answer and if he refused That the matter of the Charge be taken pro confesso And the King not owning their Authority was remanded Fol. 58. Westminster-Hall Tuesday the 23d Afternoon The King not owning their Authority was remanded and the Court Adjourned to the Painted-Chamber And there Resolved They would examine Witnesses Fol. 61. Painted-Chamber Wednesday the 24th was spent in examining their Witnesses Fol. 66. Painted-Chamber Thursday the 25th Afternoon They examined more Witnesses They Resolved to proceed to Sentence of Condemnation against the King And that this Condemnation be for being Tyrant Traytor and Murtherer and Publick Enemy to the Commonwealth And that the Condemnation extend to Death Fol. 68. And Ordered That a Sentence grounded upon these Votes be prepared by Scot Marten Harrison and others Painted-Chamber Friday the 26 th The draught of the Sentence Reported and agreed And Resolved That the King be brought the next day to Westminster-Hall to receive it Fol 96. Painted-Chamber Saturday the 27 th Fore-noon The Sentence being engrossed Resolved The same should be the Sentence which should be read and published in Westminster-Hall the same day That the President should not permit the King to speak after Sentence That after the Sentence read he should declare it to be the Sence and Judgment of the Court. That the Commissioners should thereupon signifie their Consent by standing up And the same day the Commons Ordered the Clerk to bring in the Records of that Judgment to the House Journal of the House Westminster-Hall the same Day After-noon The King being brought in and not owning their Authority the Sentence was read And upon the Declaration of the President That it was the Judgment of the Court they stood up and Owned it and Adjourned to the Painted-Chamber And there appointed Waller and others to consider of the Time and Place for Execution Painted-Chamber Monday the 29 th Upon the report of the Committee Ordered A Warrant be drawn for executing the King in the open Street before White-Hall the next day directed to Hacker and others which was done accordingly Fol. 116. 31. January 1648. Ordered by the Commons That the Lord Grey out of Haberdashers-Hall to difpose of 100 l. for the Service of the Common-wealth 2. February 1648. They Ordered in the first place to take into Consideration and Debate the House of Lords for settlement of the Government 6. February 1648. The House being seventy three And the Question put Whether that House should take the Advice of the House of Lords in the exercise of the Legislative Power The House was divided and it carried in the Negative by fifteen Voices And then Resolved That the House of Peers was useless and dangerous and ought to be abolished And Ordered an Act to be brought in for that purpose 7. February 1648. The Declared That the Office of a King in this Nation and to have Power thereof in a Single Person was unnecessary burthensom and dangerous to the Liberty Safety and publick interest of the People and therefore ought to be abolished 9. February 1648. They Ordered The Narrative of the Proceeding and Records for Tryal of the King to be forthwith brought into this House 16. February 1648. They Ordered That the Clerk of that High Court of Justice be desired to bring in those Proceedings to their House the next Day March 1648. Sir Arthur Hasilrig Reports from the Committee that Charls and James Stewart Sons of the late King should dye without Mercy wheresoever they should be found 12. December 1650. Mr. Say Reported the Proceedings of their High-Court against the King contained in a Book entituled A Journal c. which was read at large by their Clerk He likewise presented from that Court the Act for Tryal of the King and the Precept for holding the Court. The Charge was exhibited the twentieth And The Sentence Read the twenty seventh of January 1648. And thereupon they Declared That the Persons entrusted in that great Service had discharged their Trust with great Courage and Fidelity That the Parliament was well satisfied in that Accompt of the Particulars and Proceedings And Ordered That the same Records do remain among the Records of Parliament That those Proceedings be Engrossed in a Roll and Recorded among the Parliament-Rolls for transmitting the Memory thereof to Posterity And Resolved That their Commissioners for their Great Seal issue a Certiorari to their Clerk to transmit those Proceedings into the Chancery there to be on Record And that the same be sent by Mittimus from thence to other Courts at Westminster and Custos Rotulorum of the Counties to be Recorded In the County Middlesex The Proceedings at Hicks Hall Tuesday the 9th of October 1660. in order to the Tryal of the pretended Judges of his late Sacred Majesty THe Court being sate the Commission of Oyer and Terminer under the Great Seal of England was first read It was directed to the Lords and others hereafter named viz. Thomas Aleyn Knight and Baronet Lord Mayor of the City of London The Lord Chancellor of England The Earl of South-hampton Lord Treasurer of England The Duke of Somerset The Duke of Albemarle The Marquess of Ormond Steward of his Majesties Houshold The Earl of Lindsey Great Chamberlain of England The Earl of Manchester Chamberlain of his Majesties Houshold The Earl of Dorset The Earl of Berkshire The Earl of Sandwich Viscount Say and Seal The Lord Roberts The Lord Finch Denzil Hollis Esquire Sir Frederick Cornwallis Knight and Baronet Treasurer of His Majesties Houshold Sir Charles Barkly Knight Comptrouler of His Majesties Houshold Mr. Secretary Nicholas Mr. Secretary Morris Sir Anthony Ashley-Cooper Arthur Annesley Esquire The Lord Chief Baron Mr. Justice Foster Mr. Justice Mallet Mr. Justice Hide Mr. Baron Atkins Mr. Justice Twisden Mr. Justice Tyrrel Mr. Baron Turner Sir Harbottle Grimston Knight and Baronet Sir William Wild Knight and Baronet Recorder of London Mr. Serjeant Brown Mr. Serjeant Hale John Howel Esquire Sir Geoffry Palmer His Majestie 's Attorny General Sir Heneage Finch His Majestie 's Solicitor General Sir Edward Turner Attorney to His Highness the Duke of York Wadham Windham Esquire Edward Shelton Esquire Clerk of the Crown The Grand Jury Sworn were Sir William Darcy Baronet Foreman Sir Robert Bolles Baronet Sir Edward Ford Knight Sir Thomas Prestwick Sir William Coney Knight Sir Charles Sidley Baronet Sir Lewis Kirk Knight Sir Henry Littleton Baronet Sir Ralph Bovey Baronet Edward Chard Esquire Robert Giggon Esquire John Fotherly Esquire Charles Gibbons Esquire Thomas Geree Esquire Richard Cox Esquire Robert Bladwell Esquire Henry Mustian Esquire John Markham Esquire Edward Buckley Gent. Francis Bourchier Gent. Edward Lole Hart Cryer After Proclamation for silence was made it pleased Sir Orlando-Bridgman Lord Chief Baron of His Majestie 's High Court of Exchequer to speak to the Jury as followeth The Lord Chief Baron's Speech Gentlemen YOu are the Grand Inquest for the Body of this County of Middlesex You may
October 11th 1660. The Court being Assembled the Keeper was commanded to set the Prisoners to the Bar. Thomas Harrison Adrian Scroop John Carew John Jones Gregory Clement Thomas Scot were brought to the Bar accordingly After which Silence was Commanded Court You that are Prisoners at the Bar if you or any of you desire Pen Ink and Paper you shall have it and if you or any of you will Challenge any of the Jury you may when they come to be Sworn and that before they are Sworn Sir Thomas Allen being called was desired to look on the Prisoner and lay his Hand on the Book his Oath was then read to him viz. You shall well and truly try and true deliverance make between Our Sovereign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence So help you God Sir Joshua Ash being next called Mr. Scroop excepted against him Sir Jeremy Whichcot Baronet being next to be Sworn Mr. Harrison excepted against him James Halley Esquire being next to be Sworn Mr. Scot excepted against him Court If you will not agree speaking to the Prisoners in your Challenges we must be forced to Try you severally Henry Mildmay Esq being called next Mr. Scroop excepted against him Court We must needs Try them severally therefore set them all aside but Harrison Court Gentlemen you that are excepted must not depart the Court. Sir Joshua Ash being again called was excepted against by Mr. Harrison Sir Jeremy Whichot Baronet James Halley Esq Henry Mildmay Esq Christopher Abdy Esq Being called again were severally excepted against by the Prisoner Court Mr. Harrison You know the Law You must say I Challenge him Mr. Harrison I shall Sir Ralph Hartley being next called and being very sick humbly prayed to be excused by the Court which was granted Arthur Newman was called next Mr Harrison May I not ask of what Quality he is Court No Sir You are to Challenge him or not to Challenge him Mr. Harrison I Challenge him Thomas Blith was next called and also Challenged Here the People seemed to laugh Mr. Harrison My Lord I must make use of my Liberty in this Case Court God forbid Then Grover Robert Clark and Richard Whalley were called and by Mr. Harrison Challenged Court Mr. Harrison you know many to Challenge If you go beyond the Number at your own peril be it Mr. Harrison My Lord pray tell me what it is Court You say very well God forbid but you should know You may Challenge five and thirty Peremptorily If you go beyond you know the Danger Mr. Harrison My Lord I do not this to keep you off from the Business William Vincent and Henry Twiford were then called and Challenged John Lisle was next called Mr. Harrison I do not know him Mr. Lisle Nor I you Mr. Harrison He was Sworn Thomas Franklin Sworn Thomas Winter Challenged Richard Nichol Sworn Moyce being sick prayed Excuse which was granted accordingly Richard Cheyney Challenged Allen Parsons Challenged Henry Edlin called Mr. Harrison I Challenge him Mr. Harrison Let him be Sworn Court No No. Whereupon he was set aside Mr. Harrison If I have any Apprehension or knowledg of them that 's the thing that leads me to it as touching this man he may be Sworn Court When he is Challenged he cannot be recalled Mr. Harrison I am content Samuel Greenhill Sworn Thomas Bide Challenged John Page Challenged Richard Rider Challenged Mr. Harrison Lest I may run into an Hazard in making use of that Liberty which the Law gives me in this Case and having not taken Notice of any Perfons Challenged I mean as to the Number I desire your Officer that takes Notice may acquaint me with the Number Court You shall know it God forbid the contrary Edward Rolph was called next Mr. Harrison Mr. Rolph is his Name Let him be sworn Sworn Francis Beal Challenged John Kirk Challenged Charles Pitfield Challenged John Smith Challenged Bell Sworn Edward Franklin Challenged William Whitcomb Challenged Samuel Harris Sworn John Collins Challenged Thomas Snow Sworn William Blunt Challenged George Rigth Challenged John Nichol of Finchley Sworn Timothy Taylor Challenged Thomas Fruin Challenged Richard Abel Challenged Thomas Morris Sworn Ambrose Scudamore Challenged Ralph Halsel Challenged George Tirry Challenged Court You have Challenged Thirty three already Mr. Harrison I pray the Names may be read to me to see if it be so Court When you come to Thirty five you shall have the Names read John Galliard Challenged Thomas Swallow Challenged Court Now read their Names to him Which were read accordingly In all thirty five Challenged George Pickering was next called and Sworn Then they were called over who were admitted viz. Sir Thomas Allen John Lisle Thomas Francklin Richard Nichol Samuel Greenhil Edward Rolph Bell Samuel Harris Thomas Snow John Nichol Thomas Morris George Pickering and Sworn Proclamation was then made 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 let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all those bound by Recognizance to appear let them come forth and give their Evidence or else to forfeit their Recognizance George Masterson James Nutley Robert Coytmore Holland Simson and William Jessop Witnesse were called Court Gentlemen that are not of the Jury Pray clear the Passage The Prisoner is here for Life and Death let him have Liberty to see the Jury Clerk Thomas Harrison Hold up thy Hand Clerk Look upon the Prisoner you that are Sworn You shall understand that the Prisoner at the Bar stands Indicted by the Name of Thomas Harrison late of Westminster in the Country of Middlesex Gentleman for that He together with John Lisle c. Here the Indictment was read upon which Indictment be hath been Arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether he be Guilty of the High Treason in Manner and Form as he stands Indicted or Not guilty If you find that he is guilty you shall enquire what Goods and Chattels he had at the time of committing the said Treason or at any time sithence If you find that he is Not guilty you shall enquire whether he did fly for it if you find that he fled for it you shall enquire of his Goods and Chattels as if you had found him Guilty if you find that he is Not guilty nor that he did fly you shall say so and no more And take heed to your Evidence Mr. Keeling Enforced the Charge at large After whom Sir Henneage Finch His Majesties Solicitour General in these words MAY it please Your Lordships we bring before your Lordships into Judgment this day the Murtherers of a King A man would think the Laws of God and Men had so fully secured
Gent. saith he a great many Officers Soldiers being there all this is worth nothing unless you proclaim it in Cheapside and at the Old Exchange Councel Explain your self what Proclamation do you mean Har. The Proclamation for the High Court of Justice Holland Simson Sworn Coun. What do you know concerning the prisoner at the Bar Simson I do know Mr. Peters very well I have known him these 12. or 13. years When the High Court of Justice was sitting both in the Court aud Painted Chamber I saw this Gentleman in consultation there and at several other places at Sr. Will. Breretons and other where Coun. Did you see him at the Tryal Simson I saw him but not as a Judge There was one day in the Hall Coll. Stubbards who was Adjutant General he was a very busie man and Coll. Axtel Mr. Peters going down the stairs comes to him and bids Stubbards to command the Souldiers to cry out Justice Justice against the Traytor at the 〈◊〉 Coun. Who did he mean Sim. The King was at the Bar at the same time whereupon my Lord the Souldiers did cry out upon the same and as the King was taken away to Sr. Robert Cottons some of them spit in the Kings face but he took his handkerchief wiped it off and smiled Peters I do not know this Gentleman did he ever see me Sim. Yes divers times in the Painted Chamber at Sir William Breretons at the Deanery in consultation with Bradshaw and you were admitted and no man else as I know unless Sir Will. Brereton who came along with you Thomas Richardson Sworn Richardson My Lords the first day that this Court of Justice as they called it did adjourn I went up into the Court and I saw the Prisoner at the Bar with some more standing in the Court and I came and stood close by him and some with him whom I did not know I heard him commend Bradshaw the carriage of him in the tryal of the King and another Cooks carriage to be short Mr. Peters holding up his hands said this is a most glorious beginning of the work Sir Jeremy Whitchcot Sworn Wh. My Lords I have by accident not by choice been several times in Mr. Peters company truly I have heard him speak very scurrilously of the King amongst the rest he was making some kind of Narration of Cromwel making an escape and that he was intended to be surprised that if he had not presently gone away he had been clapt up in the Tower and declared a Traytor he said there was a meeting of the Officers of the Army where he used this expression And thâ—â— we did resolve to set aside the King My Lord after this it was at another time he was speaking of that which they called the High Court of Justice and I do very well remember this was his expression of it I cannot but look upon this Court with a great reverence for it doth resemble in some measure the tryal that shall be at the end of the world by the Sts. This is all that I perfectly remember It was a great while ago I cannot speak more punctually I have seldom heard 〈◊〉 speak of the K. but of the Tyrant I remember one time he waâ— saying he would have preached before the King but said he the poor wretch would not hear me Rich. Nunnelly Sworn Coun. Was Peters upon the Scaffold at the time of Execution or before Nun. On that unhappy day 30. Jan. 1648. this Hugh Peters came an hour before the King came to Whitehall I came with a warrant of 40. or 50000.l to Oliver Cromwel being door-keeper to the Committee of the Army Nunnelly sayes Oliver Cromwel will you go to Whitehall Surely you will see the Beheading of the King and he let me into Whitehall coming into the boarded Gallery I met Hugh Peters and he was in the Gallery and then I got with H. Peters into the Banqueting-house being there Hugh Peters met one Tench of Hounsditch that was a Joyner meeting him he speaks to him and whispers in his ear and told him somewhat I do not know what it was but Tench presently went and knocked four staples upon the Scaffold I meeting Tench again what art thou doing said I what will you turn hangman saies he this day will be a happy day said I pray God send it be not a bloody day upon that H. Peters went upon the Scaffold just an hour before the King came and then he went off again I watched at the window when the Kings head was cut off and afterwards I saw the Vizards going into a Chamber there about an hour afterwards I staying there at the Door there comes H. Peters in his black Cloak and broad Hat out of that Chamber as I take it with the Hangman I am sure I did see him go along with the Hangman to take water this is all I can remember it being many years since Peters I humbly beg I may be heard in this case I have here a witness and I desire he may be examined it is noised I was upon the Scaffold I here call God to witness I was not out of 〈◊〉 Chamber that day I was sick that day I speak in the presence of the Lord. Court If your witness will stay he shall be heard there 〈◊〉 more witnesses to the same thing and so he may speak 〈◊〉 all together Dr. Mortimer Sworn Mortimer Me Lar me ha serd de King c. Court We cannot understand a word Coun. He is a Frenchman my Lord. Court Pray let there be an interpreter One Mr. Young was sworn to interpret truly his evidence But it being afterwards found difficult and troublesome the Councel waved his evidence and prayed another witness might be called Dr. Mortimer Me Lar me can peak Englis Coun. No no pray sit down we will examine other witnesses call Stephen Clough Stephen Clough Sworn Coun. What do you know of H. Peters Clough My Lords and Gentlemen of the Jury in 1648. I heard of a meeting of the Councel of Officers at Westminster I think in the Painted Chamber and I willing my Lord to hear what their consultations were I went thither and was there as one of them but I was not one amongst the rest H. Peters was one when the room was pretty full the door was shut Mr. Peters desired to call for a blessing upon their business in his prayer he uttered these words O Lord saith he what a mercy it is to see this great City fall down before us and what a stir is there to bring this great man to tryal without whose blood he will turn us all into blood if he reign again Peters What day was this Clough It was about three weeks or a month before the King dyed Peters Where was this Clough In the Painted Chamber Peters You have been very bold Clough I speak upon my Oath Peters How long was this ago Clough In 1648. Peters How many years since is that Clough
him upon what account these words were spoke Huncks My Lord it was this Cromwell having a Commission which I think I heard read here Colonel Hacker was reading of it My Lord Cromwell he comes to me and by Vertue of that Commission he would have me to write a Warrant for Executing the King I refusing to write that Warrant upon this which he speaks of that standing at the Door if God bless me I will search all the Doors at Whitehall but I will find it out I not doing it I said why should it be offered to me sayes Cromwell thou art a peevish Fellow Cromwell fell a writing assoon as ever he had done that writing he gave Hacker the pen what Hacker writes I know not and upon my refusing this prisoner at the Bar said Col. Huncks I am now ashamed of you The Ship is now coming into the Harbour and will you now strike Sayle before you cast Anchor Council You observe the course of this evidence there was a Warrant or Commission directed to three persons Hacker Huncks and Phaire for Execution of the King Cromwell demanded of this Gentleman Col. Huncks that he should sign a Warrant by Vertue of that other Warrant and this Gentleman refusing it the Prisoner objects this that he to save himself doth witness this against the Prisoner Gentlemen he did refuse the thing have you any thing to ask Col. Huncks Axtell He says Col. Phaire and Hacker were there I do not doubt but they will be so conscientious to vindicate me from all this Charge L. Ch. Bar. If it be any thing that tends to your defence that you will be heard afterwards but have you any Questions to ask Col. Huncks Axtell No more I know nothing of it if I were to dye at this Bar presently Council Sir Purback Temple pray tell my Lords and the Jury your knowledge of the carriage of this Gentleman touching the Tryal of his Late Majesty Sir P. Tem. My Lord being present and engaged by some persons of Honour Servants of his late Majesty to be present when that horrid Murther was acting before this Court of Justice as they called it I was present at all the Tryals of the King and very near him I heard the King demand from Bradshaw by what Authority and Commission they proceeded thus strangely to Try him Then I heard the Lady Fairfax and one Mrs. Nelson my Sister after the exhibiting of the charge in the Name of the Commons Assembled in Parliament and the good people of this Kingdom against Charles Stuart King of England I say I heard the said Lady cry out from a Gallery over the Court Not half the people it is false where are they or their Consents Oliver Cromwell is a Traitor Upon which I heard the Prisoner at the Bar cry out Down with the Whores shoot them which made me take the further notice of him seeing him in Westminster-Hall commanding the Souldiers there I saw him the most activest person there and during the time that the King was urging to be heard he was then laughing entertaining his Souldiers scoffing aloud whilst some of the Souldiers by his suffering and I believe procurement did fire powder in the palms of their hands that they did not onely offend his Majesties smell but enforced him to rise up out of his Chair and with his hand to turn away the smoke and after this he turned about to the people and smiled upon them and those Souldiers that so rudely treated him Then turning himself to Bradshaw said to him and the Court There are some sitting here fixing his Eyes upon some persons near Bradshaw that well knew that if I would have Forfeited or Betrayed the Liberties and Rights of the People I need not have come hither or words to this effect But their Liberties and Rights are dearer and nearer to me than my three Kingdoms nay than my life it self Therefore I desire you to hear me and remember that I am your lawful King that have done you many Acts of Grace and Favour After which this person Mr. Axtell Prisoner at the Bar commanded his Souldiers to cry out Justice which the Souldiers not readily obeying of him I saw him beat four or five of them with his Cane until they cried out with himself Justice Justice Execution Execution which made me turn to a Noble Lord by whom I then stood and said Pray my Lord take notice there is not above 4 or 5 that cry out Justice Justice I heard also of their spitting in the Kings Face and I think no bodies sufferings have been so like those of our Saviour Christ Jesus as his Majesties were After this this persons crying Justice Justice Execution Execution a second time the Court proceeded to pass a Sentence the which his Majesty pressed hard against and told him Sir before you pass that ugly Sentence which I very well understand you are intended to do I desire you to hear me hear me hear me passionately and not affectionately expressing it which they denying the King and the notice of Justice Justice Execution Execution being repeated they proceeded and read that ugly Sentence of Death after which his Majesty was immediately hurried away from the Bar into a common Cedan where he was carried by two common Porters which Cedan I followed to the middle of King's Street where I saw the two Porters in reverence go bare till the Souldiers under the Command of the Prisoner at the Bar beat them and would not suffer them to go bare when they carried him After this the people cried out What do you carry the King in a common Cedan as they carry such as have the Plague God deliver your Majesty out of such Enemies hands In which Street I was forced to leave the sight of his Majesty occasioned by the injuries and hurts I received in my person from the Souldiers under Axtel's command they carrying him through the Streets shouting in triumph A short time after I received an importuate command from a Lady of great Honour a Servant of his Majesties that I would endeavour to find out where the body of the Martyr'd King was and to give her an account where it then was Applying my self to Whitehall after two or threescore Intreaties I was denyed but understanding that money would do it I gave the persons then under the command of Mr. Axtell that then kept it to shew it me half a piece who in a scoffing manner took me by the hand said If thou thinkest there is any sanctity or holiness in it look here where I saw the Head of that blessed martyr'd King lie in a Coffin with his Body which smiled as perfectly as if it had been alive this is the sad account of the martyr'd King and this sad horrid Prisoner Mr. Axtell Axtell My Lord may I ask that Gentleman some Questions L. ch Bar. Yes yes Axtell My Lord He seems to say that I bid the Souldiers cry out for Justice he doth
by the Law of War He goes further and urges the statute of 11. Hen. 7. He comes further and saith in the 25. Edw. 3. that concerns single persons truly it concerns every man The Indictment you see how it is laid It is for Imagining and Compassing the Death of the King The overtacts in the Indictment you have heard what they are there must be more than one Witness for Treason It is very true but if one person prove one thing another person another if one swear he did cry Justice Justice Execution Execution and another swear some other part Gentlemen this was here before delivered to you for an overtact It is any thing that opens and makes it appear to the Jury that he did do the things for which he is Indicted I say any one of these that they did meet together and did consult in order to the putting the King to Death That they did meet in a Trayterous Assembly about the Kings Death I shall say no more you need not I think go from the Bar. The Jury go together and after a little consultation among themselves they returned to their places Clerk of the Crown Gentlemen of the Jury are you agreed of your verdict Jury Yes Cl. Who shall say for you Jury Foreman Cl. Daniel Axtell hold up thy hand Gent. look upon the Prisoner at the Bar How say you is he guilty of the high Treason whereof he stands Indicted and hath been arraigned or not guilty Foreman Guilty Cl. Look to him Keeper What Goods and Chattels Jury None to our knowledg The Tryal of Colonel Hacker the same day 15. October 1660. CLerk of the Crown Set Francis Hacker to the Bar which was done accordingly Cl. Fr. Hacker Hold up thy hand These men that were last called are to pass upon you c. If you will challenge all or any of them you must challenge them when they come to the Book before they are sworn Lord Chief Baron You may challenge 35 peremptorily but no more Hacker My Lord I shall challenge none Tho. Bide Rob. Sheppard Will. Dod Sir Tho. Allein Sir Hen. Wroth Tho. Morris Ralph Halsal John Galliard John Nicol Tho. Vfman Tho. Nicol Christopher Abdy in all Twelve The Jury called and sworn Clerk of the Crown Proclamation if any man can inform my Lords the Kings Justices c. Clerk Francis Hacker hold up thy hand look upon the Prisoner you that are sworn of this Jury You shall understand that Francis Hacker Prisoner at the Bar stands indicted c. Mr. Serj. Keeling My Lords and Gentlemen of this Jury Francis Hacker the Prisoner at the Bar stands indicted amongst others for Compassing and Imagining the death of the late King Charles the First of happy Memory The Compassing and Imagining is the Treason it self the other points as Convening Assembling Meeting together and the actual villany that followed all these are but as Evidences of that Imagination As to this person at the Bar our Evidence will be thus We shall make it appear to you that he was one of the persons that were upon the Guard and kept the King a Prisoner that he might be sure to be brought to that Mock Court of Injustice Then it will appear to you That this Prisoner at the Bar was highly trusted by all those Miscreants that thirsted for the Kings blood by their bloody Warrant directed to him and others to take the Kings person into custody and to see Execution done This was the person that kept him till he brought him to that fatal Stage That this Warrant was lately brought from his own house by his own Wife to the House of Lords and then we shall shew you that this person set his hand to the Warrant to the Executioner for Execution That he did not do it ignorantly nor unwillingly for he heard the Warrant read we shall make it appear that he was upon the Scaffold and had the Ax in his hand Councel Cryer call Holland Sympson Col. Tomlinson Mr. Nunnelly Mr. Nutly Hercules Huncks and Benjamin Francis who were all sworn as Witnesses Councel Mr. Sympson speak your knowledge of the employment of the Prisoner touching the Tryal and Execution of the King Hacker My Lords I will confess what I know in this case to save your Lordships the trouble I confess I was upon the Guard and had a Warrant to keep the King for his Execution the Warrant being shewn to the Prisoner he confessed that to be the Warrant Councel After you had that Warrant brought to you did you by virtue of that direct another Warrant for Execution of the King Did you not take the King then prisoner from the custody of Colonel Tomlinson Hacker No Sir Councel We shall prove it the Warrant was read At the High Court of Justice for Tryal c. My Lord at the time that this Warrant was signed the person of the King was in the custody of Col. Tomlinson did not you take and demand from Col. Tomlinson the person of the King as soon as you received that Warrant Hacker No Sir I demanded him not Councel Col. Tomlinson tell my Lords the manner of that business Tomlinson My Lords and Gentlemen of this Jury I shall as my memory enables me make a faithful Narrative of this business I had indeed to do with the Guard that had to do with the person of the King about St. Jameses Being then an Officer of the Army a Colonel of Horse when the King came to St. Jameses it was observed by some that there was too great an access of people admitted to the King and within one day or two after there was a party of Halberteers appointed for the stricter observing the Guard they were commanded by three Gentlemen of whom this Prisoner at the Bar was one the orders every day for removing the person of the King were commonly directed to four persons and those were my self Lieu. Col. Cobbet Capt. Merryman and one more but the Guards that still went along were the Halberteers So that every day when the King did go to Westminster he went to Sir Robert Cottons House and so far I went with him and no farther I never went with him nor saw him at that pretended High Court of Justice When he used to go to the High Court of Justice commonly every time indeed the Serjeant Serjeant Dendy as I remember his name was he used to come and demand that the King should go to the High Court of Justice and Col. Hacker did ordinarily go with him with the Halberteers It was my custom to stay in the room till he came back again these Orders continued during the time of his Tryal After the Sentence was given on the day whereon the Execution was to be done it was ordered which order may be produced if significant that the Guards that were for the security of the person of the King should cease when a Warrant from the High Court of Justice for the Execution should be
Imprimatur J. BERKENHEAD 1660. AN EXACT and most IMPARTIAL ACCOMPT OF The Indictment Arraignment Trial and Judgment according to Law of Twenty Nine REGICIDES THE Murtherers Of His Late SACRED MAJESTY Of Most Glorious Memory Begun at Hicks-Hall on Tuesday the 9th of October 1660. And Continued at the Sessions-House in the Old-Bayley until Friday the nineteenth of the same Moneth Together with a SUMMARY of the Dark and Horrid Decrees of those Caballists Preparatory to that Hellish Fact Exposed to view for the Reader 's Satisfaction 〈◊〉 Information of Posterity London Printed for R. Scot T. Basset R. Chisâ—ell and J. Wright 1679. A SUMMARY by way of Premise of the dark Proceedings of the Cabal at WESTMINSTER Preparatory to the Murther of His late Sacred Majesty Taken out of their own Journal-Book THe Commons Resolved That no further Addresses be made to the King by themselves nor by any other without leave of both Houses And those that do to incur the Penalty of High-Treason And Declare They will receive no more Messages from Him And Enjoyn That no Person whatsoever receive or bring any Message from Him to Both or either Houses or to any other Person 15. Jan. 1647. The Lords concurred to these Votes 17. August 1648. The Commons concur with the Lords That these Votes for Non-Addresses be Revoked 20. November 1648 The Army present their Remonstrance to the Parliament for bringing Delinquents to Justice 24. November 1648. The Treaty at the Isle of Wight Voted to continue till the twenty seventh of November 1. December 1648. Master Hollis presents an Account of the Treaty with the King And the same day information was brought them of the King 's being removed from Carisbrook to Hurst Castle 5. December 1648. The King's Answer to the Propositions Voted a Ground for the House to proceed upon for Settlement of the Peace of the Kingdom 6. December 1648. The Members were secured by Colonel Pride 7. December 1648. The House of Commons appointed a day of Humiliation Peters Caryl and Marshal to perform the Duty The several Votes For Revoking the Votes for Non Addresses to the King For a Treaty to be had with Him That His Answers to the Propositions were a Ground for Peace Voted Dishonourable and Destructive 23. December 1648. A Committee was appointed to consider how to proceed in a way of Justice against the King and other Capital Offenders 28. December 1648. An Ordinance for Trial of the King was read 1. January 1648. Declared and adjudged by the Commons That by the Fundamental Laws It is Treason in the King of England for the time being to levy War against the Parliament and Kingdom 2. Jan. 1648. The Lords disagreed to this Vote and cast it out and the Ordinance for Tryal of the King Nemine contradicente 3. Jan. 1648. The same Vote was again put to the question in the House of Commons and carried in the Affirmative 4. Jan. 1648. Master Garland presents a new Ordinance for erecting an High Court of Justice for Tryal of the King which was read the first second and third time assented to and passed the same day And Ordered no Copy to be delivered Same day Resolved That the People are under God the Original of all just Powers That themselves being Chosen by and Representing the People have the Supreme Power in the Nation That whatsoever is Enacted or Declared for Law by the Commons in Parliament hath the force of a Law and the People concluded thereby though Consent of King and Peers be not had thereunto 6 Jan. 1648. The Commissioners for Tryal of the King are Ordered to meet on Monday then next at two of the Clock in the Painted-Chamber Their days of sitting were 8 10 12 13 15 17 18 19 20 22 23 24 25 26 27 29 of January 1648. Painted-Chamber Monday 8 January They chose Ask Dorislaus Steel and Cook to be their Councel and other Officers And sent out their Precept under their Hands and Seals for Proclaiming their Court in Westminster-hall to be held in the Painted-Chamber on the tenth Which Precept is all of Ireton's Hand-writing Journal of the Court fol. 6. And Tuesday the 19th The Commissioners Ordered That the Proclamation be made in Cheap-side and at the Old-Exchange And appointed a Committee to consider of the matter of Government of making a new Great Seal and not using the name of a Single Person Wednesday the tenth They chose Bradshaw who was absent for their President and Say pro tempore who gave Garland thanks for his Pains about the business of the Court Fol. 72. And appointed their Councel to prepare and prosecute their Charge And a Committee to consider for carrying on the Tryal Whereof Millington Garland and Martin were three Friday the twelve Waller and Harrison are desired to attend the General to appoint Guards to attend the Court. And Titchbourn and Roe with others to prepare for the Solemnity of the Tryal and to appoint Workmen c. Fol. 16. The Charge to be brought in on Monday And Waller Scot Titchbourn Harrison and others to consider of the place for Tryal and Report the next day Saturday the thirteenth Upon Garland's Report Ordered The Tryal be where the Courts of King's Bench and Chancery sate in Westminster-Hall fol. 20. Monday the Fifteenth The Councel brought in a Draught of the Charge And a Committee appointed to advise therein and compare the Evidence therewith fol. 21. And they and others to consider the manner of bringing the King to his Tryal And that day Titchbourn delivered a Petition to the Commons in the name of the Commons in London in Common-Council differing from the Lord Major and Aldermen The Substance was for bringing the King to Justice Which was Ordered to be Registred in the Books of Common-Councel Wednesday the 17th The Charge recommitted to the Committee Fol. 24. Thursday the 18th Tichbourn excused the absence of Mr. Steel and nothing then else done Fol. 29. Friday the 19th Upon Millington's Report of the Charge and Form of words for exhibiting it Ordered That the Attorney or in his absence the Solicitor exhibit it Fol. 30. And Waller Harrison and others to appoint thirty to wait upon the King and twenty upon the President Saturday the 20th Forenoon Ordered That Mildmay deliver the Sword of State to Humphreys to bear before the President The Solicitor presents the Charge engrossed which being read and signed by him was returned to him to be exhibited And then Adjourned to Westminster-Hall Westminster-Hall Saturday the 20th Afternoon The King was brought in by Thomlinson attended by Hacke and two and thirty Partisans And Cook then exhibited the Charge And the King not owning their Authority was remanded And they Adjourned till Monday Painted-Chamber Monday the 22d Forenoon They approved of what their President had done on Saturday and Resolved That the King should not be suffered to question their Jurisdiction Fol. 50. Westminster-Hall Same day Afternoon Cook prayed That the King
these Sacred Persons that the Sons of Violence should never approach to hurt them For My Lord the very Thoughts of such an Attempt hath ever been presented by all Laws in all Ages and all Nations of the World as a most unpardonable Treason My Lord This is that that brought the two Eunuchs in the Persian-Court to their just Destruction Voluerunt insurgere saies the Text and yet that was enough to Attain them And so My Lord it was by the Roman Laws too as Tacitus observes Qui deliberant desciverunt To Doubt or Hesitate in a Point of Allegiance is direct Treason and Apostasie And upon this Ground it is that the Statute upon which your Lordships are now to proceed hath these express Words If a man doth Compass or Imagine the Death of the King c. Kings who are God's Vicegerents upon Earth have thus far a kind of Resemblance of the Divine Majesty that their Subjects stand accountable to Them for the very Thoughts of their Hearts Not that any Man can know the Heart save God alone but because when the Wicked Heart breaks out into any open Expressions by which it may be judged 't is the Thoughts of the Heart which makes the Treason the Overt-Act is but the Evidence of it My Lords This Care and Caution is not so to be understood as if it were the Single Interest of One Royal Person only The Law doth wisely judge and foresee that upon the Life of the King depends the Laws and Liberties the Estates and Properties the Wealth and Peace the Religion and in Sum the Glory of the Nation My Lords This Judgment of the Law ha's been verified by a sad Experience for when that Blessed King whose Blood we are now making Inquisition for was untimely taken away Religion and Justice both lay buried in the same Grave with Him and there they had slept still if the miraculous Return of Our Gracious Sovereign had not given them a new Resurrection My Lords My Lord Coke in his Comment upon this Statute ha's one Conceit which is somewhat strange I am sure it is very new he seems to think that it would have added to the Perfection of this Law if there had been a time limited for the Party to be accused But certainly the work of this Day has quite consuted that Imagination For here is a Treason that has so long out-faced the Law and the Justice of this Kingdom that if there had been any time of Limitation in the Statute there would have been no Time nor Place left for Punishment And if this Treason had but once grown up to an Impunity it might perhaps have drawn the Guilt of that Innocent Blood and with it the Vengeance due to it upon the whole Nation The Scope of this Iudictment is for the Compassing the Death of the King the rest of the Indictment as the Vsurping Authority over the King's Person the Assembling Sitting Judging and Killing of the King are but so many several Overt-Acts to prove the Intention of the Heart We are not bound under favour to prove every one of these against every particular Person who is Indicted for he that is in at one is guilty in Law of all rest as much as if he had struck the Fatal Stroke it self Nay under favour if we can prove any other Overt-Act besides what is lai'd in the Indictment as the encouraging of the Souldiers to cry out Justice Justice or Preaching to them to go in this Work as Godly and Religious or any other act of all that Catalogue of Villanies for which the Story will be for ever Infamous this may be given in Evidence to prove the Compassing and Imagining the King's Death The conclusion of this Indictment alledges the Fact done to be to the great Displeasure of Almighty God and to the great Disgrace of the People of England A Truth so clear and known that it can neither be heightned by any Aggravation or lessend by any Excuse As for the Fact it self with the Manner of it I shall not need to open it at large for these things were not done in a Corner every true English Heart still keeps within it self a bleeding Register of this Story only my Lords in the way to our Evidence with your Lordships favour this I think may be fit to be said First for the year 1648. for that was the Fatal year of this King and beyond that year we shall not now enquire I say whatsoever in the Year 1648. could have been done by a Parliament to save the Life of a King was done in this Case They opened the way to a Treaty in spight of the Army and while these Sons of Zerviah who were too hard for them were engaged in Service in the Remoter Parts they hastened the Treaty as much as was possible the Debater upon His Majestie 's Concessions were Voted a good ground for Peace notwithstanding the Remonstrances of the Army still flew about their Ears and notwithstanding the Oppositions of a fearful and unbelieving Party of the House-of Commons whom the Army had frighted into an Awful and a Slavish Dependance upon them And when nothing else could be done for Him they were so true to the Obligations they lay under that they resolved to fall with Him and did so For the Army who saw the Treaty proceed so fast made as great hast to break it They seize upon the blessed Person of our Sacred King by Force and bring Him to London and here they force the Parliament shut out some Members imprison others and then called this wretched little Company which was left a Parliament By this and before they had taken upon them the Boldness to dissolve the House of Peers they pass a Law and Erect forsooth an High Court of Justice as they call it a Shambles of Justice appoint Judges Advocates Officers and Ministers sit upon the Life of the King Now they Speak out and Expound their own Declarations and tell us what that was which before they had demanded in obscure Terms when they called for Justice against all Delinquents Now they speak plainly what they mean and call this blessed King this glorious Saint the grand Delinquent Haec Acies victum factura Nocentem est My Lords When they had thus proceeded to appoint their Judges Officers and Court then they call this Person their onely Liege Lord and Soveraign to the Bar and by a formal Pegeantry of Justice proceed to Sit upon Him Arraign Try Sentence Condemn and Kill I had almost said Crucifie Him whom they could not but know to be their King And all this against the clearest Light the sharpest Checks and most through Convictions of Conscience that ever men resisted And yet in this moment of time such was the Majesty and Innocene of our Gracious Soveraign that the People followed Him with Tears in their Eyes and Acclamations in their Mouths God save the King even then when the Souldiers were ready to fire upon
so unnatural and Devilish to destroy his Father But we do find amongst the Romanes such a Fact was committed and then they were at a loss to punish it The way was this that they found out the Offendour they sewed into a Mail of Leather so close that no Water could get in when they had done they threw him into the Sea by this denoting the Offendour was not worthy to Tread upon the Ground nor to Breath in the Air nor to have the benefit of any of the four Elements nor the use of any of God's Creatures and so he starved Gentlemen Parricide and Regicide differ not in Nature but in Degree Parricide is the killing of the Father of one or a few Persons Regicide the Killing the Father of a Countrey What Punishment then is suitable to this Offence Gentlemen The Prisoner at the Bar is accused of this Offence and now to be Tried by you but before we enter upon the Evidence I must with the leave of the Court inform you That though the Indictment contains many Circumstances and Gradations in the Treason yet the Imagining and Compassing the Death of our late Sovereign is the Treason to which we shall apply our Evidence this being both by the Common-Law and by the Statute of the 25th of Edward the 3d. the Principal Treason to be enquired of And the other Circumstances in the Indictment are but so many matters to prove the Overt-Act The Consultations the Assuming Power to Try and Condemn the King The Assault upon him and the Fatal Blow that was given him are but so many Demonstrations and open Acts proving the first Treasonable Design of the Heart It will be enough for you and so my Lords will tell you if we prove the Treason it self which is the Compassing and Imagining the Death of the King though we fail in some of the Circumstances laid in the Indictment I do not speak this as if we should fail in any but it is not necessary to prove them all if we prove any you are to find the Prisoner Guilty I am not willing to hold your Lordships too long in the Porch but desire to descend into the Body of the Business and so we shall call our Witnesses and doubt not but to prove that this Man at the Bar was the first and not the least of these Offendours Mr. George Masterson was called Mr. Harrison When I was before your Lordships yesterday I offered something very material in reference to the Jurisdiction of the Court but you told me according to the Rule I must Plead Guilty or Not Guilty and what I had to offer should be heard in its proper place I now desire to know whether it be proper now to deliver my self before you proceed to the calling of Witnesses for I would go the best way and would not willingly displease you Lord Chief Baron What was promised you yesterday God forbid but you should have it But I think it will be best for you to hear the Evidence and then what you have to say you shall be fully heard Mr. Harrison I am content Whereupon George Masterson Stephen Kirk Francis Hearn William Clark Robert Coitmore and James Nutley were called and sworn Councel Mr. Masterson Whether did the Prisoner at the Bar sit in that which they called the High Court of Justice to sentence the King or no Pray tell my Lords and the Jury thereof and what else you know of the matter Mr. Masterson Upon the Oath I have taken my Lords and Gentlemen of the Jury I saw the Prisoner Th. Harrison sit in that which they called The High Court of Justice upon the 27th day of January in the year 1648. to sentence the King Councel Was it the day the Sentence was passed against the King Mr. Masterson It was the day of the Sentence the 27th of Jan. 1648. Councel Can you say any thing else Mr. Masterson I do Sir further remember that when the Clerk of the Court as he was called read the Sentence against the King and said It was the sentence of the whole Court I saw the Prisoner at the Bar together with others stand up to my apprehension as Assenting to it Councel Was there not direction that all should stand up as Assenting Mr. Masterson I do not know that but when the Sentence was read several of them did stand up and he among the rest as Assenting to the Sentence as the Spectatours understood Councel Mr. Clark What do you say to the same Question Mr. Clark My Lords and Gentlemen of the Jury I remember I saw the Prisoner at the Bar sit several times in the Court of Justice as they called it particularly on the 23d and 27th of January 1648. as I took notice of it in a Book Councel Was that the day of the Sentence Mr. Clark Yes my Lord. Coun. What say you to that of the rising of those persons in the Court Mr. Clark I remember they all rose but I did not take particular notice then of the Prisoner Councel Mr. Kirk You hear the Question Did you see the Prisoner at the Bar in Westminster-Hall sitting upon the Bench in that which they called the High Court of Justice when the King stood Prisoner at the Bar there Mr. Kirk My Lord I did see the Prisoner at the Bar sit several days in that which they called the High Court of Justice I was there every day of their sitting Councel Do you remember he was there on the 27th of Jan. 1648 Mr. Kirk I do Sir Councel Tell the Jury what was the Work there Mr. Kirk It was Sentence I did take the Names of all those Gentlemen that did appear in the Court on that day the 27th of Jan. 1648. and amongst the rest I took a Note of that Gentleman's Name as being present Councel Whereas these Gentlemen Mr. Masterson and Mr. Clark have declared that as Assenting to the Sentence they all stood up Did you see them stand And whether by Direction or no Mr. Kirk As for the Direction I know nothing of it but the Members then present in the Court after Sentence was read as far as my Eyes could perceive stood up unanimously I suppose as Assenting to the Sentence Court Mr. Nutley Did you know the Prisoner at the Bar Have you seen him sit in Westminster-Hall at any time upon the Bench when the King was brought as a Prisoner to the Bar Mr. Nutley My Lords and Gentlemen of the Jury I saw the Prisoner at the Bar several days sit there amongst the rest of the Judges as a Judge I suppose To the best of my remembrance he sate there four days together Court Was he there upon the day of the Sentence Mr. Nutley I did take Notes My Lord that day in the Court and I find he did sit that day Court Do you know any thing more of the Prisoner at the Bar Mr. Nutley Thus much I know concerning the Prisoner at the Bar my Lord. The first
day that they sate in publick was as I remember the 20th of Jan. 1648. Some few days afore that there was a Committee that sate in the Exchequer-Chamber and of that Committee the Prisoner at the Bar was one of the Members I do remember well it was in the Evening they were lighting of Candles they were somewhat private This Gentleman was there I saw him for through the kindness of Mr. Phelps who was then Clerk to that Committee I was admitted pretending first to speak with the said Mr. Phelps and that I had some Business with him and so as I said before I was admitted into the Committee-Chamber Being there I did observe some Passages fall from the Prisoner at the Bar the words were to this purpose He was making a Narrative of some Discourses that passed between his late Majesty and himself in coming between Windsor and London or Hurst-Castle I know not well whether My Lord that Passage that I observed to fall from him in that Discourse was this He said That the King as He sate in the Coach with him was importunate to know what they intended to do with Him Mr. Harrison In the Coach was it Mr. Nutley Yea Sir it was in the Coach He told the rest of the company as I said before that the King asked What do they intend to do with me Whether to murther me or no And I said to Him There was no such intention as to kill Him we have no such thoughts But saith He the Lord hath reserved you for a publick Example of Justice There is one word more My Lords and that is this which I heard from this Prisoner at the Bar That the reason and end of their Meeting together at that Committee was concerning the Charge So much I observed It was concerning the Contracting of the Impeachment I observed that some found fault with the length of that as it was drawn They were offering some reasons to Contract it and I heard this Prisoner at the Bar vent this expression Gentlemen It will be good for us to blacken Him what we can Pray let us blacken Him or words to that Purpose I am sure Blacken was his word Mr. Wyndham Mr. Nutley you speak of an Impeachment Against whom was that Impeachment Mr. Nutley It was against His late Majesty the King Councel And it was to draw up that Impeachment so as to Blacken Him Was it so Mr. Nutley Yes Sir Mr. Coytmore sworn Mr. Wyndham Did you see the Prisoner at the Bar sitting in that which they called the High-Court of Justice on the Day when the King was Sentenced or at any other time Pray tell my Lords and the Jury Mr. Coytmore My Lords and Gentlemen of the Jury I was in that which they called the High-Court of Justice three or four times I saw this Gentleman either once or twice sitting there Councel Do you know any thing more Coytmore No really I came onely to hear and see what they were doing and I did there see him I think several Days I am sure once Councel Did you see him on the seven and twentieth of January 1648. sitting there which was the Day of the Sentence Coytmore I cannot call that to Memory Councel Do you know of any Expressions that the King should be an Example of Judgment Coytmore No my Lords Mr. Windham My Lord in the next place We shall shew that Instrument that was made under the Hand and Seal of the Prisoner at the Bar as well as others for Execution of the King that Bloody Warrant But first we will ask this Witness another Question Councel Did you see the Prisoner at the Bar sit on the Bench as an ordinary Spectatour or as one of the Judges Coytmore He was in the Court sitting amongst the rest of the Judges as one of them Mr. Solicitour My Lords we will prove that this Prisoner at the Bar was one of them that took upon him the Conducting of the King and that the King was in his Custody and to the High-Court of Justice also The Lord Newburgh sworn Councel Pray my Lord give your self the Trouble to raise your Voice and to tell my Lords and the Jury what you know of the Prisoner at the Bar the part that he acted in bringing up the King Lord Newburgh I was then living at his Majestie 's Lodg at Bagshot when the Prisoner at the Bar brought the King from Hurst-Castle to London He was the Person that commanded the whole Party and when the King by the way went to Dinner by his Order there were Centries set at every Door where He was When the King had Dined he carryed him to Windsor and appointed several of his Officers to ride close to the King as He was riding lest He should make His escape from them Councel That was an Imprisonment it self and so a Treason Mr. Windham My Lords we shall now produce to you two Instruments which were made the one for Convening and Summoning the Assembling of that which they called the High-Court of Justice and shew this Prisoner's Hand and Seal to that And then shew you likewise that which was the Consummating of all that Bloody Warrant for Execution of His late Majesty of blessed Memory with the Hand and Seal of the Prisoner at the Bar unto it amongst others Mr. Sollicitour My Lords it will be fit before this to give you an account how we came by these Instruments Mr. Jâ—ssop sworn Councel Shew to Mr. Jessop the Warrant for summoning that Court. Mr. Sollicitour Mr. Jessop pray tell my Lords and the Jury how you came by that Instrument you have in your Hand Mr. Jessop May it please your Lordships I having the Honour to attend the House of Commons the House was pleased to make an Order that Mr. Scobel should deliver into my hands all such Books and Records Papers and other things as did belong to the House of Commons and in pursuance of that Order I did receive amongst other things this Instrument as a thing that had been formerly in his hands as Clerk of the House of Commons Mr. Sollicitour We desire it may be read my Lords Court Pray first prove his Hand Mr. Harrison I desire to know what is offered to be Read Court It is a Warrant that you Sealed amongst other pretended Judges of your Hight Court of Justice as you called it for Trial of the King for Summoning that Court. Councel Mr. Kirk Have you seen the Hand-writing of the Prisoner at any time Mr. Kirk I have very often seen it and am well acquainted with it and so far as it 's possible a man can Testifie touching the Hand of another Person I do verily believe this to be his Hand Councel How came you to be acquainted with his Hand Mr. Kirk As he was a Member of the House of Commons and my Imployment having relation thereto I have seen him set his Hand several times Mr. Farrington Sworn Councel Do you believe that this is
the Hand-writing of the Prisoner at the Bar The Instrument being shewed him Mr. Farrington I did not see him write it my Lords but I believe it to be his for I have often seen his Hand-writing It is his hand so far as possibly a man can know any Person 's hand that did not see him write Mr. Harrison I desire to see the Instrument Which being shew'd to him he said I believe it is my own Hand Councel That 's the Warrant for summoning that Court that he owns his hand too Court Shew him the other Instrument That being for Execution of the Sentence Mr. Harrison it being shew'd him I do think this is my hand too Councel If you think it the Jury will not doubt it That 's the Bloody Warrant for Execution And we desire they may be both read Mr. Harrison My Lords do these Learned Gentlemen offer these as being any Records Councel No but as your own hand-writing Mr. Harrison If you do not read it as a Record I hope your Lordships will not admit of any thing of that kind against me Councel He knows that a Letter under his hand and Seal may be read in a Court We do not offer it as a Record but prove it by Witnesses that it is your hand-writing Court You have Confessed these to be your hands Whether they are Records or no whether Papers or Letters they may be read against you You signed the Warrant for Convening together those which you called The High Court of Justice and you signed the other Warrant for putting the King to Death You do Confess these two things We do not see what further Use may be made of them Court You might observe how the Indictment was for the Imagining Compassing and Contriving the King's Death To prove that there must be some Overt-Act and a Letter under the Partie's Hand is a sufficient Overt-Act to prove such Imagination to that end these are used Mr. Harrison I do not come to be denying any thing that in my own Judgment and Conscience I have done or Committed but rather to be bringing it forth to the Light Court Sir you must understand this by the way this you must take along with you That these are read not as any thing of Authority in themselves or as used to any other purpose but as an Evidence of the Fact against you Take that along with you The two Bloody Warrants for Trial and for Execution of His Majesty were here read the later of which is as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England Jan. 29. 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other High Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to Death by the severing his Head from his Body of which Sentence Execution yet remaineth to be done These are therefore to will and require you to see the said Sentence executed in the open street before White-hall upon the marrow being the 30th day of this instant Moneth of January between the hours of ten in the Morning and five in the Afternoon of the same day with full effect And for so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good People of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Hunks and Lieutenant-Colonel Phayre and every of them Given under our Hands and Seals Sealed and subscribed BY John Bradshaw Lord President Jo. Hewson Per. Pelham Thomas Grey Oliver Cromwel Edward Whalley John Okey Jo. Danvers Mich. Livesey Jo. Bourchier Hen. Ireton Thomas Maleverer Jo. Blakestone Jo. Hutchinson Will. Goff Thomas Pride Hen. Smith Peter Temple Tho. Harrison Isaac Ewer Val. Wanton Simon Meyn Tho. Horton Jo. Jones Jo. Moor. Hardress Waller Gilbert Millington Geo. Fleetwood Jo. Alured Rob. Lilburn Wil. Say Rich. Dean Rob. Tichbourn Hum. Edwards Dan. Blagrave Owen Roe Will. Puefroy Adrian Scroop James Temple Aug. Garland Edmond Ludlow Hen. Marten Vincent Potter Will. Constable Rich. Ingoldsby Will. Cawley Joh. Barkstead Anth. Stapeley Greg. Norton Tho. Challoner Tho. Wogan Jo. Ven. Greg. Clement Jo. Downs Tho. Wayt. Tho. Scot. Jo. Carew Miles Corbet Mr. Wyndham Gentlemen of the Jury We have done our Evidence and you must know Gentlemen that the principal Point of the Indictment is for Compassing Imagining and Contriving the Death of his late Majesty of Glorious Memory There lies the Treason So saies the Statute of the 25th Ed. 3d. It hath nothing of Killing the King there but of Imagining and Compassing the Death of the King The going about it that 's the Treason as hath been learnedly opened to you The rest are but Overt-Acts If there be such an Imagination or Compassing the Death of the King once declared though no fruit at all follow it is Treason Here certainly you have a very full Evidence given We shew you a Consultation this is one Overt-Act which would do the work if there were nothing else I must tell you and that with Submission to my Lords the Justices if they had advised and gone no further that had been Treason in the Letter of the Law They Convened and met together and suppose then they had absolved and acquitted him do you think they had absolved themselves from Treason With reverence be it spoken if they had acquitted him they had been guilty of Treason Assuming a Power to put the King to Death is an Overt-Act declaring such an Imagination You see this Prisoner was no ordinary Actour in it his Hand is in at all Games Taking of Him Imprisoning of Him bringing Him to London and setting Guards on Him You see also his Malice Let us Blacken Him for they knew His Innocency would Shine forth unless it was blackened by their Imputations He Sate many times as your hear and Sentenced Him and Assented to that Sentence by standing up and likewise by Concluding the Catastrophe of that sad beginning of Sufferings his making a Warrant for his Execution and accordingly you know what did follow I think a clearer Evidence of a Fact can never be given then is for these things Here the Spectatours Hummed Lord Chief Baron Gentlemen This Humming is not at all becoming the Gravity of this Court. Let there be free-speaking by the Prisoner and Counsel It is more fitting for a Stage-Play then for a Court of Justice Mr. Harrison It is now time my Lords to offer what I have to say Have these Learned Gentlemen offered what they will say Councel We have no more till he hath given us occasion not for Evidence of the Fact Mr. Harrison My Lords The matter that hath been offered to you as it was touched was not a thing done in a Corner I believe the sound of it hath been in most Nations I believe the Hearts of some have felt the
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
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
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-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
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-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
word is or otherwise They broke the oath of Supremacy which was That the King was the Supreme Governour of these Nations They swore that they would maintain and keep all Priviledges Immunities Preheminencies annexed to the Imperial Crown of this Realm there is difference between some Crowns and Imperial Crowns An Imperial Crown it was that which was not to be touched in the Person We do not speak any thing of the absoiute Power of the King for you see he cannot Judge concerning the Death of his Father but by Lawes When you swore this Allegiance all those Members of break all this at once This would be so far from having any colour of Authority that he that justifies it justifies it against the light of Conscience and Laws You say you did it by Commandment from them He that doth a Command by such an Authority it is his guilt Our Law-Books say That if a Court at Common-Law exceed their Jurisdiction in that Case he that obeys that Command is punishable In the Court of Common-Pleas if there be an Appeal there for Murther it is only proper to the Upper Bench and therefore if the party be condemned sentenced and executed thereupon the Executioner in that Case is guilty of Murther for obeying that Authority which was indeed no Authority And therefore whereas you would go about to justifie the Fact because you did it by Command of that Authority that is an Aggravation That when men shall assume an Authority which is a Devil at the noon-day appearing without Vizors I say shall assume an Authority never heard of before If men will countenance their Acts by obeying of them it is an Aggravation We have already Declared this in the Case of the Prisoner yesterday We are all satisfied in the Law in that Case It is so clear a Point in Law that my Brethren here and we did over-rule it yesterday in the like Case and so We must now and I hope that all do concur in this Opinion that hath been delivered Lord Finch I hope all do concur in this opinion delivered by my Lord Chief Baron You shelter your self under a Command of the House of Commons But let me tell you and all the Word That if the House of Commons let it have been never so compleat had given a Command it had been a thing no ways justifiable the Justification is an Aggravation Scr. My Lord I do see that every thing I speak though it be for clearing of my self from your ill opinion I see it is taken in an ill sence I humhly beseech pardon for the Expression if I erre I will crave your Lordships pardon But my Lord I say this If I have been misled I am not a single person that have been misled My Lord I could say but I think it doth not become me to say so That I see a great many faces at this time that were misled as well as my self But that I will not insist upon I say this That I hope an Error in Judgment shall not be accounted Malice or an Error of the Will Truly my Lord I never went to the work with a malicious heart I humbly desire your Lordships to take notice of it That I never bore any malice at all against his late Majesty L. C. Bar. Mr. Scroop have you done Scr. My Lord I do beseech your Lordships to take notice That an Error in Judgement is not an Error in the Will L. C. Bar. Mr. Scroop I am very glad to hear you say so But let me tell you what the Law saith The Law in this Case treates the malice If a man do an act of this nature that may be some kind of excuse to God but towards man you are to look to the Fact the Law implies the malice If there be any thing you will say in the Extenuation of your offence we will be very glad to hear that may tend to your help Scr. My Lord There is one Evidence comes in against me that I must confess that I am very sorry to see and my Lord there was a saying it is by my Lord Mayor Elect Truly he is a worthy Gentleman but I desire the Lord may forgive that which he hath spoken Truly my Lord I did never intend any thing in this neither can I directly remember that I spake those words directly as my Lord Mayor Elect doth spake I do believe my Lord Mayor cannot very well remember them himself for he saith So far as he can remember I must confess that when I was there and had appeared according to the Proclamation that such discourse somewhat like it was raised not of my procuring I did not procure the Discourse I never intended the Justification of the Fact but it was my ill success that I should meet with that worthy Gentleman to have so much discourse with him L. C. Bar. Mr. Scroop my Lord Mayor Elect saith no further then this So far as he remembers and the words that you should say were these That some are of one opinion and some are of another Scr. Vpon the death of the King My Lord I mnst confesse to you that somewhat I said to him but I cannot own that I said those words My Lords He is a worthy person I do not desire to spake any thing to degenerate in the least kind from him it is but his yea and my no there was nobody there L. C. Bar. Have you any thing more to say for your self Scr. My Lord if your Lordship do over-rule it so that I may not have Councel I have little more to say L. C. Bar. You have heard the sence of the Court in that particular you cannot have Councel allowed you as to the matter you have pleaded Scr. I have done but only this My Lords I know not whether it be seasonable to mention it I came in upon the Proclamation and My Lord by means of these unhappy words that have been reported of me in the House of Commons whereas before I was no excepted person I came to be excepted and upon the very last day of passing that Act never was excepted before the very last day I beseech you take notice of this L. C. Bar. Mr. Scroop That is a thing that is not before us but there will be a proper time to consider of it in another place that is nothing to the Tryal have you any more to say Sir Scr. No My Lord Will your Lordship please to let me speak a word to the Jury L. Ch. Baron If you speak to the Court the Jury will hear it Scr. Truly my Lord This I do perceive that I am under a very great prejudice as to this fact It hath been the case of many Gentlemen besides my self I desire that these Gentlemen would take my case into consideration as they would their own and I desire that the Lord would give them direction that they may do that which is according to Justice and Mercy that is all I
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
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
compass of it according to his Royal Word and Honour in it you will have the benefit of it but it is not a Plea in Law but it must be a Pardon under Seal whatsoever concerns that Proclamation will be considered It is nothing to the matter whereupon the Jury are to go Lord Chief Baron Gentlemen of the Jury you see the Prisoner Tho. Scot stands Indicted for Compassing and Imagining the death of our Dread Soveraign King Charles the First of most glorious and blessed memory He is Indicted for Compassing and Imagining his death there is the Treason and what is set afterwards in this Indictment is only to manifest this Compassing and Imagining because that being in the heart alone without some overt Act no body can prove it There are several overt Acts laid in the Indictment one is A Trayterous consulting and meeting together how to put the King to death Then a sitting upon the King as a Prisoner being before them about his life and death The third is Sentencing to death that which followed is That he was Murthered If any of these acts should be proved the Indictment is proved for the proof there are several Witnesses have fully proved that he did sit there several times particularly upon Jan. 27. which was the day of the Sentence That he did sit there all of them agree to that It is true as to the Circumstance where he sate one Gentleman saith he sate in the second Row on the left hand of Bradshaw you well remember it is 12. years ago how any man upon the view and after so long a distance of time should he able to remember in what posture one man was from the rest I think neither you nor I can remember Here is one proved to you that he did sign that Warrant for Executing the King he saith How can another know his Hand You see what the Witnesses say they knew it a man can prove nothing more of another mans Hand than that unless they see it written there is nothing to put upon you but his words You see what words are aggravated against Mr. Scot Whereas he saith It is a breach of the Priviledges of Parliament if it were so it is nothing to this Fact though another man should break the priviledges of Parliament it is nothing to you but besides it is not a breach of the priviledge of Parliament You have heard the Witnesses what they have said against him Mr. Lenthall swears that he did speak at large fully in owning that business of the Kings death The rest swear positively to the same effect and that at several times What was that He gloried in it defended it and said He could wish it were Engraven on his Tomb stone he hath denyed this that the Witnesses have proved That which is lest to you is whether upon all this matter that you have heard Whether the Prisoner at the Bar is Guilty of Compassing and Imagining the Kings death and so go together After a little Consultation together they setled in their places again Clerk Tho. Scot hold up thy hand Look upon the Prisoner at the Bar How say you is he Guilty of the Treason whereof he stands Indicted or not Guilty Jury Guilty Cl. Look to him Keeper Cl. You say the Prisoner is Guilty c. and so you say all Jury Yes Cl. Set Mr. Scot aside Clerk Set John Jones and Gregory Clement to the Bar. Which was done accordingly Thereupon the said Gregory Clement preferred his Petition to the Court. Indictment read against them both Lo. Ch. Bar. If you do confess your Offence your Petition will be read Clem. I do my Lord. Lord Ch. B. Mr. Clement if you do confess that you may understand it you must when you are called and when the Jury are to be charged You must say if you will have it go by way of Confession That you Wave your former Plea and confess the Fact Clerk Gregory Clement you have been Indicted of High Treason for Compassing and Imagining the death of his late Majesty and you have pleaded not Guilty Are you contented to wave that Plea and confess it Clem. I do confess my self to be Guilty my Lord. Clerk Set him aside Clkek John Jones hold up thy hand These men that were last called c. if you will Challenge all or any of them you must Challenge them when they come to the Book and before they are sworn Jones I confess I sate amongst them some days but not maliciously contrived the death of the King Coun. He is troubled at the Form he confesseth the Matter That he was there sitting in the High Court of Justice If he will not confess it he knows we can prove his Hand and Seal to that bloody Warrant He is troubled that he is said to have Trayterously and Maliciously Contrived the Kings death He that doth these Acts towards it is by Law responsible as to the Malice Jury Sworn Sir Tho. Allen Sir Henry Wroth Sir Jer. Whitchott James Hawley Henry Mildmay Christ Abdy Nich. Raynton Richard Cheney Tho. Bide Charles Pitfield Abraham Scudamore Charles Pickerne in all 12. Cl. Cryer make Proclamation Cryer If any man can inform c. Cl. John Jones hold up thy hand Look upon the Prisoner c. Mr. Soll. Gen. My Lords and Gentlemen of the Jury I must open to you as to other Juries that the short Point of this long Indictment is but this That the Prisoner at the Bar did Imagine and Compass the death of the King which is your Issue to Try We shall prove it by those overt acts which the Law doth require To prove the Sitting Sentencing and Signing the Warrant for Execution by the Prisoner at the Bar. Coun. Call Mr. Clark and Mr. Carr and Holl. Symson who were sworn Mr. Symson did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Sym. I did see Mr. Jones sit divers times both there and in the Painted Chamber Jones I do confess I sate divers times Coun. Did he sit the day of Sentence Sym. I cannot say it Coun. Mr. Clark you hear the question Pray answer my Lord. Clark My Lords and Gentlemen of the Jury I was there the 27. of Jan. 1648 I saw Coll. Jones there several days before but I did not see him that day his name was called but I do not know whether he was present Coun. Mr. Carr did you see him sit on the 27th day which was the day of Sentence Carr. My Lords he answered to his name some days I am not able to tell what day Mr. Nutley Sworn Coun. Can you tell whether the Prisoner at the Bar was present in that which they called the High Court of Justice Nutley The Prisoner at the Bar was several times in the Court which was called the High Court of Justice truly I cannot say whether he was there the 27th day the day of the Sentence The Warrant for Summoning that
demand that wicked Judgment before the Court pronounced it and he was the man that did against his own Conscience after he had acknowledged that he was a wise and gracious King yet says he That he must dye and Monarchy with him there in truth was the Treason and the cause of that fatal blow that fell upon the King This was his part to carry on how he did it as a wicked Counsellor we shall prove to you and the wages and reward of the Iniquity that he did receive James Nutley Sworn Councel Pray tell the Circumstances of the Prisoners Proceedings at Westminster Hall when he did exhibite a Charge against the King Mr. Nutley My Lords the first day of bringing his Majesty to his Tryal was Saturday Jan. 20. 1648. Before they sate in publick they that were of the Committee of that which they called the High Court of Justice did meet in the Painted Chamber which was in the forenoon of that day Being there I did observe that there was one Price a Scrivener that was writing of a Charge I stood at a great distance and saw him write and I saw this Gentleman the Prisoner at the Bar near thereabouts where it was writing I think it was at the Court of Wards This charge afterwards a Parchment writing I did see in the hands of this Gentleman the Prisoner at the Bar. A very little after that they called their names they did adjourn from the Painted Chamber into Westminster Hall the great Hall The Method that they observed the first thing was to call the Commissioners by name in the Act the pretended Act for trying the King was read that is when the Court was sat the Commissioners were called by their names and as I remember they stood up as their names were called The next thing was reading the Act for the trying of his late Majesty After that was read then this Gentleman the Prisoner at the Bar presented the Parchment Writing which was called the Impeachment or Charge against his Majesty Mr. Bradshaw was then President of that Court and so called Lord President he commanded that the Prisoner should be sent for saying Serjeant Dendy send for your Prisoner thereupon the King was brought up as a Prisoner and put within a Bar And when the Court was silenced and settled this Gentleman the Prisoner at the Bar did deliver the Charge the Impeachment to the Court and it was read The King was demanded to plead to it presently Here I should first tell you that upon the Kings first coming in there was a kind of a Speech made by Mr. Bradshaw to the King in this manner I â—hink I shall repeat the very words Charles Stuart King of England the Commons of England assembled in Parliament taking notice of the effusion of blood in the Land which is fixed on you as the Author of it and whereof you are guilty have resolved to bring you to a tryal and Judgment and for this cause this Tribunal is erected There was little reverence given to his Majesty then which I was troubled at he added this further That there was a charge to be exhibited against him by the Solicitor General I think this Gentleman was so called at that time and he called to him to exhibit the Charge and this Gentleman the Prisoner at the Bar did deliver an Impeachment a Parchment writing which was called a Charge against the King at that time which was received and read against him Coun. Did you ever see the Charge which was now shewn to Mr. Nutley Mr. Nut. My Lords I do believe that this is the very Charge I am confident it is the same writing I have often seen him write and by the Character of his hand this is the same Council Go on with your story Mr. Nut. My Lords immediately upon the delivery of this Charge of Impeachment which was delivered in the Kings presence after it was read the King was demanded to give an answer to it His Majesty desired to speak something before he did answer to the pretended Impeachment for so his Majesty was pleased to call it He did use words to this purpose saith he I do wonder for what cause you do convene me here before you he looked about him saith he I see no Lords here where are the Lords upon this Mr. Bradshaw the President for so he was called did interrupt his Majesty and told him Sir saith he you must attend the business of the Court to that purpose you are brought hither and you must give a positive answer to the Charge saith the King you will hear me to speak I have something to say before I answer after much ado he was permitted to go on in the discourse he was in so far as they pleased His Majesty said I was in the Isle of Wight and there I was treated with by divers honourable persons Lords and Commons a treaty of peace between me and my people the treaty was so far proceeded in that it was near a perfection truly saith he I must needs say they treated with me honourably and uprightly and when the business was come almost to an end then saith he was I hurried away from them hither I know not by what Authority now I desire to know by what Authority I was called to this place that is the first question I shall ask you before I answer the charge It was told him by Mr. Bradshaw the President that the Authority that called him hither was a lawful Authority he asked him what Authority it was the second time it was answered him by the President that it was the Authority of the Commons of England assembled in Parliament which he affirmed then to be the Supream Authority of this Nation the King said I do not acknowledge its Authority Authority if taken in the best sense it must be of necessity understood to be lawful therefore I cannot assent to that I am under a Power but not under an Authority and there are many unlawful Powers a Power that is on the high way I think I am under a Power but not under an Authority you cannot judge me by the Laws of the land nor the meanest Subject I wonder you will take the boldness to impeach me your lawful King To this purpose his Majesty was pleased to express himself at that time with more words to that purpose The King went on to further discourse concerning the Jurisdiction of the Court Bradshaw the President was pleased to interrupt him and told him several times that he trifled out the Courts time and they ought not to indure to have their Jurisdiction so much as questioned Court Pray go on Mr. Nutly This Gentleman at the Bar I did hear him demand the Kings answer several times a positive answer was required of the King the K. often desired to be heard and he interrupted him again and again several times and at length it was pray'd that the charge that was exhibited against him
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
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
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
be deterred from committing such Acts the Magistrate is bound to put him to death But where there is not such a thing there it is different though it is said the land is defiled that is where there is danger that the like may be committed again now all things are setled there is no danger at all now there can never come such a case as this again I say my Lord what I acted I did as a Counsellor I had no malitious intention in it Mr. Nutley bare testimony so far that I told him there was not intention of putting his Majesty to death I only did say that I desired them to do Justice and I hope what was done was their Act not mine and so I leave my self to your Lordships Court Silence commanded Mr. Sol. G. My Lords this Gentleman who is the prisoner at the Bar requires such an evidence of the Fact as may be evident he saith so evident as may be as clear as the Sun I think that evidence is not to seek but if he must never be convicted till he be so far convinced as to be speechless I believe we may stay long enough nevertheless if he be willing as he saith he is to pay his debts to political Justice we shall quickly give him the total sum That which he hath said hath been like a Lawyer the best that his Case will bear but withal it is a great aggravation to his Crime that he that knew the Law so well should so much transgress it He began Words do not make treason he mistakes his Charge is not for words Gentlemen his Charge is for compassing and imagining the Death of the King and the evidence of that Charge is meeting in that Assembly and the part that he bore in that Assembly And yet my Lords he will be much mistaken too under favour and with submission to your Lordships Judgement and those that hear him if they think that in all Cases it is a general rule that words are no Treason for when a man shall proceed to declare the imagination of his heart as to exhort and perswade men to effect that wicked thing The killing of the K. certainly there cannot be a greater overt act than these words nor a clearer evidence of such an imagination for out of the abundance of the heart the mouth speaks My L. to say that the demanding of Justice is not Treason though injustice do follow is a very weak gloss upon a wicked action The Subject matter was a Charge of High Treason against the King the conclusion of the Charge was a Protestation by which he saved to himself a Liberty to put in a new Charge if that was not sufficient upon the whole he desires that the King as a Traytor may be brought to Justice Judge you now Gentlemen upon the nature of this demand whether this were such a demand of Justice as might end in acquital Whether he that presses that this Charge may be taken pro Confesso did mean that when the Court had recorded it they should acquit him when they had done My Lords to say there are four Actors in this Case the Witness or accuser the Judge the Jury and the Executioner and that he is none of them and therefore in this Case he cannot be a Traytor still my Lord that is to beg the question for if he be one of them that did Assemble in the place and were any instrument of that Assembly he hath thereby given an evidence of an Overtact of his wicked heart when all is done this poor gloss amounts but to this I am none of those four Ranks that is there were others worse than my self and therefore I am none at all My Lord the thing that he hath mainly insisted upon is the Act of Indempnity my Lord he doth observe that his name is excepted in that Act That he doth hope that it is so pen'd as by the favour of the Parl. It may reach his Case he hath argued very much upon it and he speaks as if he did believe it himself But surely there is no colour for that interpretation that he should step out of this proviso by the very Act of Indempnity that was made on purpose to bring him in by-Name the words are provided that this Act nor any thing therein contained shall extend to Pardon or give any benefit to John Cook c. All which persons for their execrable Treasons in Sentencing to Death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord King Charles the First of glorious Memory are left to be proceeded against as Traytors c. First my Lord this general and clear answer I conceive is to be given that the Prisoner at the Bar being by Name excepted out of the Act of Indemnity by the proviso mentioned in it although the subsequent lines that follow be the reasons why the Parlim do except yet if he be within the very words of the Exception whether he be in the reasons that moved them to that exception is not material if he could distinguish that he was not instrumental in that sense to which he labours to restrain this Proviso he can but say this the Parliament was mistaken in their reason but not in their conclusion but he is directly within the exception and the reason of it too for the word instrumental goes as far as far can be and he is properly literally in the strict notion of the word an instrument of the death of the King The King could never have been brought to death if not to the Bar never had been sentenced if he had not been impeached that impeachment could never have been taken pro Confesso nor the impeachment it self delivered if he had not delivered the one and pressed the other He that brought the Axe from the Tower was not more instrumental than he and besides a Lawyer as he of great understanding and of good parts he knows very well there are no accessaries in Treason but he that Acts any part in so wicked a Conspiracy let him begin at what end he will he stands responsible for the utmost consequence of it and in effect the very penning of this proviso is an express Judgement of Parliament that he was instrumental but that is not to be pressed The next thing he doth insist upon is the Declaration of his Majesty that he sent from Breda which he saith he laid hold upon here lies the weight of his answer The King writes his Letter to the Parliament now sitting that he doth purpose for the quieting of the hearts of men that may be in doubt to pardon all persons all crimes of what nature soever either against himself or Royal Father excepting those which shall be byAct of Parliament excepted and my Lord he doth say and modestly presses that he doth conceive the meaning of that is to pardon all persons what
confesso was afflicted with the delays how angry he was when he was interrupted Is it not proved to you that he was at first against the thing and said it was a base business when he was engaged in it said that he was a Servant of the people of this Kingdome what doth he do at last when the thing had gone far he speaks that which is the only truth which I have yet heard from him He must dye and Monarchy then must perish with him from which Event good Lord deliver us Sir Edward Turner My Lord the substance of the defence that the Prisoner hath made at the Bar with much skill and cunning may be referred to two heads The first to the Statute of the 25 of Edward the 3. The second to the late Act of Oblivion for the first my Lord he saith that his fact is not comprized within that Statute saith he I did never conspire or imagine the death of the King nor did believe that would be a consequent of their actings It was expresly proved that himself did say that the King must die and Monarchy with him but Gentlemen though he had said true that it had not been proved or that he did not believe that would be a consequent yet my Lord I must tell you that every step of this Tragedy was Treason the summoning themselves that was Treason every proceeding upon that was Treason the summoning of their meetings in the Painted Chamber coming into Westminster-Hall every person as instrumental those that came to act the least part in that Tragedy were every one guilty of Treason what saith he I acted as a Councellour for my see It was that see that Judas had the 30. pieces of silver that made him hang himself He goes further and tells you there must be no semblable Treasons this is clear the conspiring and imagining the death of the King that 's the Treason that is mentioned in the Act Treason by the Common Law though this be not named the killing of the King yet all these proceedings are demonstrations to you there was a Secret Imagination to kill him Then to the Act of Oblivion his Argument is That because the Act saith that if they had Sentenced signed or been Instrumental in the death of the King that they should be excepted but it is not said or otherwise Instrumental that therefore this should refer to subsequent not precedent Acts that 's a strange Exposition take it Grammatically it hath the most large construction Instrumental more large than if they had said or otherwise for it doth comprehend every thing There having been so full an answer already I will be short I will not meddle with his civil debts but with his Political If a man kill another though he doth repent the Magistrate must do Justice in terrorem Though he doth repent I hope in God he doth so The Magistrates your Lordships must do Justice in terrorem I desire that Justice may be done upon that man He said it was no Treason to demand Justice against the King because he did but demand it I hope he will think it no unkindness in me to desire judgement against him because it is just Mr. Wadham Windham As I understand the Prisoner at the Bar the chief argument which he shelters himself under was his profession which gives a blast to all of us of the long robe I will not mince his arguments saith he here was a Court I was appointed Sollicitor and saith he for men to practise before those that have not a proper Judicature it is not Felony Murther or Treason I would not willingly mince his Argument and that I was appointed and the words dictated to me and a Councellor carrying himself within the compass of his profession is not answerable but if he will exceed his bounds his profession is so far from sheltring him that as it hath been opened it is very much an aggravation it is the duty of a Councellor to give Counsel if a man shall come to me and ask counsel and I shall counsel him to kill a man am not I accessary to that murder Words by his argument will not amount to Treason if the fact follows I am as guilty as if I did the fact in point of Treason it is all one as if I had done that very act If Mr. Cook did advise that Act or was instrumental he is as much a Traytor as the man in the Frock that did the Execution for his profession truly my Lord I do not think that a Counseller is always bound to know the patent of him that sits as Judge that will not be his Case here was no ordinary Warrant of Law to carry on Justice Grotius saith in case of necessity for carrying on Justice there may be many things allowed I pray where did Mr. Cook read of such a Court as a High Court of Justice there was never such a High Court of Justice read of in the Law then as this was a mock Court so under good favour it was a mock Jurisdiction Was there any Law under Heaven to put the King to death is it not out of the compass of all Courts whatsoever to do it and under good favour my Lord this is but to shelter a mans self under colour of Justice to do the most execrable Treason in the World I have no more to say to you Lo. Ch. Bar. I would repeat the Evidence and your answer to you if you have any thing new speak to it Cook This is new it was said by one that if there had been no charge there had been no sentence given in the Case I say that the Indictment or Charge is no part of the Tryal by the Statute of Magna Charta The Peers of the Land shall be tryed by Peers but are indicted by the Countrey I conceive by what they have said they do make me causal of the Kings death It is said in the Indictment there was a power I say this I did not assume any power it cannot be said if Council be come in to an unlawful power that he takes the power but stands with respect at the Bar. At Assises Judgement passes the Clerk of the Assises he is not instrumental in taking away life for that which Mr. Starkey should say that I should say The King must die and Monarchy with him I humbly beg that the Jury would take notice of what Mr. Nut. said that I told him there was no intention of taking away the Kingslife and besides it is but a single witness I hope there must be two witnesses in point of Law to convict a man of High Treason Lo. Ch. Baron Mr. Cook you said right but even now that if there was any thing in matter of Law which the Court knows of which may be of advantage to you they are of Council to you and so they ought to be Cook I think your Lordships L. Ch. Bar. I shall repeat the whole Evidence and
You know your self sure how many years since 1648. Peters How long before the King dyed do you say Clough About three weeks or a month before the King was murdered Coun. We shall call a witness to prove that in Decemb. 1648. there was a solemn Fast appointed to seek God in what they were about and Mr. Peters was appointed to preach before them Mr. Beaver Sworn Mr. Beavers Evidence My Lord and you Gentlemen of the Jury upon a day that was appointed for a Fast for those that sate then as a Parliament I went to Westminster to find out some company to dine with me and having walked bout an hour in Westminster-Hall and finding none of my friends to dine with me I went to that place called Heaven and dined there after I had dined I passed through St. Margarets Church-yard to go home again I lay in the Strand I perceived all the Church-yard full of Muskets and Pikes upon the ground and asked some Souldiers that were there what was the business they told me they were guarding the Parliament that were keeping a Fast at St. Margarets who preaches said I they told me Mr. Peters is just now gone up into the Pulpit said I I must needs have the curiosity to hear that man having heard many stories of the manner of his preaching God knows I did not do it out of any manner of devotion I crouded near the Pulpit and came near the Speakers Pew and I saw a great many of the Members there whom I knew well I could not guess what his Text might be but hearing him talk much of Barabbas and our Saviour and insisting altogether upon that I guessed his Text was that passage wherein the Jews did desire the release of Barabbas and crucifying of Christ and so it proved the first thing I heard him say was it is a very sad thing that this should be a question amongst us as among the old Jews whether our Saviour Jesus Christ must be crucified or that Barabbas should be released the oppressor of the people O Jesus said he where are we that that should be a question amongst us saies he And because that you should think my Lords and Gentlemen that it is a question I will tell you it is a question I have been in the City which may very well be compared to Hierusalem in this conjuncture of time and I profess those foolish Citizens for a little trading and profit they will have Christ pointing to the Redcoats on the Pulpit stairs crucified and that great Barabbas at Windsor released sayes he but I do not much heed what the rabble sayes I hope sayes he that my brethren of the Clergy will be wiser the lips of the Priests do use to preserve knowledge I have been with them too in the Assembly and having seen and heard what they said I perceive they are for crucifying of Christ and releasing of Barabbas O Jesus what shall we do now with such like strange expressions and shrugging of his shoulders in the Pulpit Councel How long was this before the King was murdered It was a few dayes before the house of Commons made that thing called An Act for his Tryal Coun. What did he say to the Members I am coming to it sayes he My Lords and you noble Gentlemen of the House of Commons you are the Sanhedrim and the great Councel of the Nation therefore you must be sure to do Justice and it is from you we expect it you must not only be inheritors of your Ancestors but you must do as they did they have opposed Tyrannical Kings they have destroyed them it is you chiefly that we look for Justice from Do not prefer the great Barabbas Murderer Tyrant and Traytor before these poor hearts pointing to the Redcoats and the Army who are our Saviours and thus for two or three hours time that he spent he did nothing but rake up all the reasons arguments and examples he could to perswade them to bring the King to condign speedy and capital punishment Peters I do not know you are you sure you saw me at that time Do you know me Yes Sir Peters I did not preach there at that time Coun. Pray my Lord will you call Mr. Jessop who hath the Records of the Parlia and can produce the Order whereby you were appointed to carry on the work of that Fast there was the Order for his preaching and Order for thanks for his work Mr. Jessop produced the Journal wherein was the Order following which was read Cl. reads Die Jovis 7. Septemb. 1648. Resolved that there be a day of publick Humiliation for this House to seek God in these times of difficulty and that to morrow be the day and kept here in this House Resolved that Mr. Peters Mr. Marshal and Mr. Caril be desired to perform the duty on the day of Humiliation with the House to morrow Coun. That is not it we intend there was one after that in Decemb. 1648. Cl. reads 20 Decemb. 1648. Ordered that Mr. Peters be desired to preach on Friday next the day of publick Humiliation at Margarets Westminster in the place of Coun. Call Mr. Chase After this the work went on and the High Court of Justice sate and the first day they sate was Saturday the 20. Jan. in Westminster Hall the 21. being the Sunday following I think this Gentleman was at Whitehall he will tell you what he preached Mr. Chase sworn Chase My Lord I heard the Prisoner at the Bar preaching before Oliver Cromwell and Bradshaw who was called Lord President of the High Court of Justice and he took his Text out of the Psalms in these words Bind your Kings with chains and your Nobles in fetters of iron that was part of the Text But sayes he in his Sermon Beloved it is the last Psalm but one and the next Psalm hath six verses and twelve Hallelujahs praise ye the Lord Praise God in his Sanctuary and so on for what saies he look into my Text there is the reason of it That Kings were bound in chains c. He went on with a story of Major and a Bishop and his man the Bishops man saith he being drunk the Major laid him by the heels the Bishop sends to the Major to know by what authority he imprisoned his servant the Majors answer was there is an Act of Parliament for it and neither the Bishop nor his man are excepted out of it and applyed it thus Here is saith he a great discourse and talk in the world what will ye cut off the Kings head the head of a Protestant Prince and King turn to your Bibles and you shall find it there Whosoever sheds mans blood by man shall his blood be shed saies he I will even answer them as the Major did the Bishop here is an Act of God Whosoever sheds mans blood by man shall his blood be shed and I see neither King Charles nor Prince Charles nor Prince Rupert nor Prince
actually guilty of putting the King to death nay admitting in charity you had no intent to go as far as you did you are by the laws of Christ and this Nation guilty of high Treason in that you that are a Lawyer know very well and I speak it that you may lay it to your heart in the convictions of your conscience I must say to you as Joshua said to Achan my son give glory to God and confess and it would become you so to do you know very well it is the law of this Nation that no one house nor both houses of Parliament have any coercive power over the King much less to put him to death you know as you cited very well that the imprisoning of the King is Treason You know both of you this is an undoubted truth the rule of Law is that the King can do no wrong that is the King can do no wrong in the estimation of Law he may do some particular Acts as a private person but he can do little prejudice in his own person if he would hurt any it must be by Ministers in that case the Law provides a remedy if he doth it by Ministers they must answer for it The King of England is one of those Princes who hath an Imperial Crown what is that It is not to do what he will no but it is that he shall not be punished in his own person if he doth that which in it self is unlawful Now remember this when you took the oaths of Allegiance and Supremacy I presume you both did so what was your oath of Supremacy It was this that the King was the only Supream Governour of these Realms it goes farther as he was Supream Governour so he was the only Supream Governour that excludes Coordination you swear farther that you will to the utmost of your power defend the King against all conspiracies and attempts whatsoever truly you that were a Lawyer when you had thus sworn your fee could be no excuse against what you had sworn to We know that the King in his politick or natural capacity is not only salus populi but salus Reipublicae The Law hath taken care that the people shall have justice and right the Kings person ought not to be touched the King himself is pleased to judge by the Law you see he doth by Law question the death of his Father he doth not judge it himself but the Law judges it Mr. Peters knows very well he subscribed the 39. Articles of Religion look upon them that were made in 1552. and upon those Articles that were confirmed in 13. Elizabeth the King is there acknowledged to have the chief power in these Nations the medling with the King was a Jesutical doctrine This I speak not that the King should or ought to govern but by the Fundamental laws of the land they that keep within the bounds of the law are happy you that are a Lawyer know this in point of law and you that are a Divine know this in point of Divinity You both know the truth of it and when you have thought upon it I hope you will reflect upon that horrid crime the shedding of Royal Blood You see he had granted all those grievances of the people taken them away secured them for the future and at this very time when this horrid act was done you see he had granted all at the desire of the people he had made those concessions such as were it not in respect of others more than those that treated themselves they thought was more than could be expected by the Nation You that had a hand in the Kings death it falls upon you the guilt of it because you were some of those instruments that assisted those persons that broke the Treaty prepare your selves for that death which you are to die it is a debt which we all owe to nature if in this case there is something of shame comes to you it is that you must take as part of the reward of your sin The only work I have now to do is to pronouce the Judgment and this is the judgment of the Court and the Court doth award That both of you be led back to the place from whence you came and from thence shall be drawn upon a hurdle c. and the Lord have mercy upon your souls Cl. Cryer make proclamation Cryer O yes c. All manner of persons c. and all Jurors and witnesses are to appear at this place to morrow morning at seven of the Clock in the morning upon pain of 100. l. a piece So God bless King Charles c. 15. Octo. 1660. at the Sessions House in the Old Bailey The Tryal of William Howlet Memorandum that the Bill of Indictment against William Hewlet alias Howlet was found at Hickes-hall 12 Octob. instant Proclamation of the Court being made Clerk of the Crown SET William Hewlet alias Howlet to the Bar which was done accordingly Cl. William Hewlet alias Howlet hold up thy hand Thou standest Indicted of High Treason in the County of Middlesex by the name of William Hewlet alias Howlet for that thou c. How sayest thou art thou guilty of the High Treason whereof thou hast been Indicted and art now arraigned or not guilty Hewlet I am not guilty my Lord. Clerk How wilt thou be tryed Hewlet By God and the Country Cl. God send thee a good delivery Set him aside Octob. 15. 1660. Clerk of the Crown Set Axtell to the Bar which was done accordingly Clerk Daniel Axtell hold up thy Hand Axtell Pray my Lord let me have Pen and Ink. L. Ch. Bar. Give Mr. Axtell Pen and Ink. Cler. Daniel Axtell these men that were last called of the Jury are to pass c. if you will challenge them or any of them you must challenge them when they come to the Book before they are sworn L. Ch. Bar. Do you know how many you have liberty to challenge because I would not have you misinformed 35 you may challenge peremptorily and no more Axtell I thank you Lordship L. Ch. Bar. Unless you have any particular cause if so you may challenge more Axtell I confess I am wholly ignorant of the law John Kirke John Smith Thomas Morris Ralph Halsell John Sherecroft Francis Beale Robert Cromwell John Gallyerd John Shelbury George Rithe were called and by the Prisoner challenged Thomas Bide Charles Pitfield Robert Sheppard William Dod Thomas Vsman William Maynerd George Plucknet Samuel Harris John Nicoll of Hendon Henry Marsh Thomas Bishop Thomas Snow in all 12 were admitted and sworn of the Jury Cler. of the Crown If any man can inform my Lords the Kings Justices c. Cl. Daniel Axtell hold up thy hand Look upon the prisoner you that are sworn and harken to your charge you shall understand that the prisoner stands Indicted c. K. Council May it please your Lordships and you Gentlemen that are Sworn of this Jury The High Court
of Injustice that was Erected for Tryal of the late King it had all the formalities of a Court to put in Execution that bloody Act they had their President their Council their Chaplain and their Guards some of their Judges have been already Tryed one of their Council and their Chaplain Now my Lord we come to the Guards and this Gentleman at the Bar that is now the Prisoner He was Commander of that Black Guard that cruel and bloody Guard The Indictment is That he did Imagin and compass the Death of the King there be several overt acts that are mentioned in the Indictment as Evidences of that Imagination as the consultation to bring him to Tryal the Actual bringing him to Tryal and the Bloody Execution upon the Scaffold Our Evidence shall be this That during the time of the Tryal the Prisoner at the Bar did Command the Souldiers in Westminster-Hall himself did keep the Entrance into the Court and when Bradshaw did speak to the King and told him he trifled away time and required his answer to the charge exhibited in the Name of the Commons of England Assembled in Parliament and the good People of England that a Noble person in the Gallery there cryed out it was a Lye saying that above half the Commons disowned it saying where are these good people it is a lye Oliver Cromwel is a Traytor this bloodly Fellow commanded the Souldiers to shoot her he did several times command and encourage the Souldiers to cry out Justice justice and the last day of that horrid Tryal called by them the day of Judgement he likewise commanded them to cry out Execution Execution and when some of them would not do it he had the Valour to Beat them My Lords and Gentlemen of the Jury if we prove any of these particulars to demonstrate unto you that he was Guilty of compassing and imagining the King's Death it is equal as if we had proved he did Actually cut off the King's head Mr. Bodurdoe Mr. Nutly Mr. Harrington Sir Purback Temple Mr. Sympson Mr. Baker Mr. Huncks and Mr. Jeoner Sworn Coun. Mr. Symp. tell my Lords and the Jury who had the command of the Souldiers during the Tryal of the King in Westminster-Hall Sym. My Lords as I said before in the Case of Mr. Peters Col. Stubberd and Col. Axtel had the command of the Souldiers below Stairs near that which was called the High Court of Justice Axtell I desire to know his Name my Lord Sym. My Name is Holland Sympson Coun. Did you see him there commanding the Souldiers Sym. There was a kind of a Hubbub in the Court there was a Lady they said it was the Lady Fairfax who at the Exhibiting of the Charge against the King said to be in the Name of the Commons and people of England She spoke out aloud and said it was a lye that not half not a quarter of the people Oliver Comwell is a Rogue and a Traytor they called for a Guard this Gentleman he was called and brought up some Musqueteers and commanded his Souldiers to Present and give Fire against the Lady and commanded her to Unmask Axtell What Lady was it I desire to know Sim. She went by the name of the Lady Fairfax I know not whether it was so or no it was the common report it was she Cl. Mr. H. pray tell my Lord what you know of the Prisoner at the Bar. Huncks My Lord to say positively any thing of the man touching his command I cannot but only that morning the King Dyed he came into the Door of the Room where Colonel Phayre Colonel Hacker Cromwell and my self were Ireton and Harrison lying in bed together in the same Room and then he stood at the Door half in and half out I refusing to Sign an Order for Executing the King as Cromwell ordered me and some little cross Language having passed saith the Prisoner at the Bar Colonel Huncks Iam ashamed of you the Ship is now coming into the Harbour and will you strike Sayle before we come to Anchor This I appeal to your self but for crying out Knock them down Shoot them I know not who it was the Officers cryed Justice and some of the Souldiers but I profess I know not who it was particularly but they cryed Justice and then I fell a trembling for I was afraid of the King but these were the words he used to me will you strike sayle c. Axtell My Lord I desire to ask him a question L. Ch. Bar. Ask him what you will Axtell If I am not in the right I hope your Lordships will direct me L. Ch. Bar. Go on Axtell Col. Huncks where was it Huncks In a little Room in White hall where Ireton and Harrison lay in bed together Axtell Do you know whereabouts Huncks I think I can go to the Room I appeal to your own conscience before all this people Axtell By your favour Sir the Room I perceive you know not and truly Sir My Lord if you please to give me leave because he appeals to my conscience I do appeal to the Great God before whom it may be I may be Arraigned to give an account of all my Words thoughts and Actions I do not remember that ever I had any converse with this man there or met him there or any of that company there that day he was a stranger to me but I wish that you to save your self being in the Warrant for Execution do not make others a Peace-Offiring to save your self the Lord that knows my heart I appeal to him I appeal to your own conscience because you appeal to my conscience I never met you nor saw you there Huncks Have you done then give me leave you say you do not know me I appeal to the same God when Cromwell took upon him to have the Crown have not I said What have you got by being Jehu-like Lord strike me dead here if it be not true Axtell I will not reflect upon him but because he hath appealed to my conscience therefore I speak it it is known Notoriously how Jehu-like you were when you were one of the chief Guards of his Majesty one of the Fourty Halberteers that did oppose every person then for the King had I had time and had not been a close Prisoner as I was there were Witnesses enough Council This after our Evidence is more proper Huncks Spare me not Col. Axtell L. Ch. Bar. Take the Old and Antient course let the Witnesses that are produced for the King be all heard then give your answer to all of them together Axtell My Memory is not very good L. Ch. Bar. You have Pen Ink and Paper L. Ch. Bar. Mr. Axtell is this all that you desire to speak to Col. Huncks Axtell Yes my Lord. L. Ch. Bar. Have you any other Questions Council My Lord we have a few words he Objects as if Col. Huncks were under a danger he is pardoned Axtell I desire to ask
business and to make people gaze upon you without any Ground Axt. I am upon my life I hope you will hear me patiently L. ch Bar. God forbid but we should Axt. I do desire to assert my Authority if any thing was done upon the House of Lords and Commons I do not come here to justifie their Actions I was not concerned in it My next Plea is this that if a House of Commons can be charged Guilty of High Treason as a community the distributive Body must needs be Guilty Court If there should have been 20 or 40 men come out of the House of Commons and should Murther a man they must answer for that it is not the community that can do such an Act of Treason these persons that you call a House of Commons there was but 26 of them and these must be the people this is the state of the case and when you have thrust out thrice the number of those remaining only those can serve your turn L. Annesly Mr. Axtell I am very sorry to see you in that place and it troubles me as much to hear you vent that for an Authority which you know your self was no Authority you would now for your defence for life and it is reason you should make as full a defence for life as you can you would shelter your self under that Authority which I am sorry I must say were one of the greatest Violators of you cannot forget how near a close of this bloody war by the mercy of God this Nation was when the Army interposed whose Trade it was to live by War when they had felt so much of the sweet of War they would not suffer the people to enjoy peace though the Lords and Representatives in Parliament had agreed to it A Treaty was begun terms of peace propounded and agreed to this you cannot forget and will have no need of Notes or Books to help your Memory when the people Groaned under the miseries of War and thirsted after Peace then came up the Army who were servants to the Parliament till that time taking upon them the Authority you cannot forget that your self was one of the number that came to offer accusations against the majority of the Commons House calling them Rotten Members the House of Lords was not then suffered to sit they would not joyn in that Ordinance that was preparing for the Tryal of the King when the Lords had refused they were no longer fit to be Lords neither then comes in a new Authority which we never heard of before a remnant of the House of Commons joyning with the Army that had driven away the greatest part of the House of Commons for in all Assemblies and Courts the major part must determine or no determination after this course was taken then is an Act set on foot they take upon them by Votes of their own to be the Parliament of England that the supreme power of the Nation is in the Representatives of the people who were they those few only that remained almost all the Cities Counties and Burroughs of England had none left to represent them they were driven away by Force then was this Act of Parliament such an Act as was never heard of before set on foot and passed as an Act by a few of the House of Commons if you can plead this for your defence this is the Act that you must shelter under But you know the Lords and Commons had Unanimously resolved for peace and so agree with the King if this Act will be any defence you may plead it to the full and this is all you have to say therefore go upon no Forreign matter Axt. If it please your Lordship that worthy Lord that spoke last is pleased to say that I was one of the persons that did accuse some of those Members of Parliament truly my Lord I never did come to the Commons Bar but once presenting a petition and for my hand either in charging any of the Members or Secluding any of them I never had any hand in that matter this is all to that part Next I Humbly conceive here I must ground my bottome and if I perish I perish by a Judgement in a Parliament My Commission that did Authorize me to obey my General was given me when the Lords and Commons sate in Parliament I had no other Commission then this my Lord Fairfax commanded the Army after the Kings Death by the like Commission I did but my duty in going to my Regiment the General saith go to such a place stay there if I refuse by the law of War I Dye if I obey I am in danger likewise I say my Commission was given me by the Lords and Commons and therefore I hope my Lord that what I have said and offered in that particular is not Truthless but of Weight Court The Effect of your Commission is only to make you an Officer Axtell My Commission bears date the 27th of March 1648. Ten months before the Kings Death we had no other Commissions therefore I humbly conceive the question will be this in point of law and I humbly desire it may be Truly and Fairly stated by your Lordship and these Honourable Jugdes that whether a man being guided by the Judgment of the Lords and Commons Assembled in Parliament and having declared their Judgments and Exposition of that Statute of the 25th of Edward the Third and Acting only by that Judgment of Parliament and under their Authority can be questioned for Treason That my Lord is a question that I do humbly think is a point in law and that you will please fairly and truly to state it whether I am within the compass of that Statute whereupon I am indicted Councel My Lord We do not charge him with any thing that he did Act under the colour of his Commission or with any thing he did before that but that which we charge him with are rhe Acts that he did at the Tryal of the King shew us your Commission from the Lords and Commons Assembled in Parliament for Tryal and Execution of the King you say something we do not charge him for any thing done by Vertue of that Commission but with those violent Acts that he did in encouraging the Souldiers to cry Justice Justice Execution Execution and all those other Violent Actions of his own malicious heart against the King We humbly beseech you he may answer to that which is the charge against him and that is the Compassing and Imagining the Death of the late King and his declaring that by those overt-acts that we have proved My Lords we desire that the Prisoner at the Bar may remember that he is not Indicted for levying War against the King if so then that Sir which you offer might be given as a Plea and we should have spoken to it but you are Indicted for Compassing and Imagining the Death of the King and that which we have given in Evidence
were the subsequent overtacts to prove the same Axtell I hope you will not think it much to give me some more freedom for my own defence for life My Lord I must needs say though there was a force on the Parliament I am not to justifie it I was no Lawyer no Statesman no Councellor but a Souldier and if the General who had a Commission from the Lords and Commons and that some years before and after the King's Death be not guilty of Treason what I did was by command from my General and though I am charged with being in Arms in Westminster-hall and at such and such a place yet it was not a Voluntary Act for I was bound to obey my General I do humbly pray that I may have your Lordships Judgment in this point I must say it was from the sense of their exposition of the Law and of the Statutes and from the Authority that every one took up Arms for and served them and obeyed either the one General or the other I say it was under this very Authority and this must needs acquit me from all the guilt that is laid upon me L. ch Bar. You put your self upon the Judgment of the Court upon this which you call a point in Law First it is manifest that there is no excuse at all for Treason no man by his Commission can warrant the doing of an Act which is Treason you must take notice of the Authority whether it be good or no your Commission was not to put the King to Death but on the contrary to preserve the Kings life The Lords and Commons what they did we do not meddle with the Reason and Ground of what they did was the preservation of the Kings Person as well as the maintenance of the Laws and Liberties of this Nation they made Protestations Declarations and Oaths for the preservation of the King's Person and you could not but take notice of those things Now whereas you go about to shroud your self under the Lord Fairfax he had no such Power and therefore you can challenge no more then he had and to what you say concerning the Judgment of the Parliament there will be a great deal of difference between a particular Case and a Declaration of Lords and Commons there is nothing you have said that hath any thing of Force and God forbid you should make use of it But I must tell you you could not but notoriously know all those Transactions that were in the Army what the Army had done that they came up with Swords in their Hands and turn'd out whom they would you saw what the Lords and Commons had done that the Treaty was ready for his Birth And then you come up with your Mermidons with Force and Arms and Exclude the greatest part of the Members and then the Lords were laid aside it is true the Lords were not wholly dissolved but they would not suffer them to Sit nor Act at all and this was apparent to the Nation If men under colour and pretence of such things Namely that a few persons for so they were but an Eighth part of the House of Commons permitted to remain and of that Eighth part which was but 46 in the whole there were but 26 that Voted that Act which you say you obeyed but you say you obeyed the General you were not to obey the General in this Case for the Facts that you have committed are not charged as Acts of War you are not charged for bringing the Souldiers in but for those Violent Actions that you were guilty of there you made the Souldiers cry out Justice Justice Execution Execution you sent officiously for a Hang-man to come down to you your Commission gave you no power for this the Death of the King you know how it was designed you know the Act for the bringing in of that Commission as they call'd it to sit in justice was after the House of Commons was reduced to a very small Number and some of those dissenting too what you did Act under that Authority if you can justifie it in the Name of God say so but do not Engage the Nation in those things which they abhorred and by the mercy of God are laid asleep Mr. Justice Foster You begin at the wrong End you ought as all men ought to do First to answer the matter of Fact and not to put in these long dilatory Pleas till you have answered the matter of Fact whether those things charged on you be true or not then if you have any thing further to say for your self by way of excuse it will be the time to speak and not before Axt. May it please your Lordships I humbly conceive I am upon that method to the first part of the witness they accuse me for commanding my Souldiers in Westminster-hall then I must prove my Authority which I have been about to do and declared the Judgment of Parliament L. ch B. The Court have heard you with a great deal of patience and that which is not at all to the business Axtell I only refer this as to the Authority I humbly conceive you will give me leave to insist upon this and how far I may improve it for my own defence here is the Commission by which my Lord Fairfax acted and that after the King's Death and I acted by the same Authority he did I had not been at Westminster-hall but on the command of the General Court Doth that Commission Authorize you to cry Justice Justice and to look up and down to get Witnesses against the King is that in your Commission Axt. I am to serve and obey all my Superior Officers that is my Commission if I do not I die by the Law of War Court You are to obey them in their just commands all unjust commands are invalid If our Superiors should command us to undue and irregular things much more if to the committing of Treason we are in each Case to make use of our passive not active Obedience Axt. Under Favour it is not proved that I did either Compass or Imagine the King's Death that is matter of Fact Court Let us try that Axt. My Lord I did nothing but as a meer Souldier I had Authority from the General I would leave this before your Lordships and the Jury that what I have done hath been by Authority of the Genetal L. Hollis Sir a word to you If you could satisfie the Court that you had received a Commission from the General to do those things with which you stand charged it were something then were it proper for you to plead it and the Court to judg Pray take this along with you the General gave you no such command what you are charged with in the Indictment is for Compassing and Imagining the Death of the King and that by such and such overt acts as making your Souldiers cry out Justice and Execution for being active and forward in sending for the
Officers of the Army silence was required and that was all that was done I suppose where a man is commanded to keep silence as the Sheriff is required to keep all at peace in a Court if he restrain a person that will not be quiet it is not Treason in him nor in me in this particular My Lord in the next place Mr. Temple is pleased to say that I stood upon the pavement laughing while others sighed Truly my Lord I know not whether I saw the Gentleman or no certainly smiling is no Treason if I did so though I believe I had as great a sense that day as many other persons there this is the sum of that he saith only he further adds that I bid the Souldiers cry for Justice truly my Lord L. ch Bar. Because it may be your Notes are short I will acquaint you there was a little more in it he said you bid the Souldiers cry out Justice Justice and they coming not very readily to it you struck some of them till they with your self cryed out Justice Justice till they with your self did it Axt. My Lord To that I answer that in the Hall there was some kind of people did set up a crying some kind of words and may be some of the Souldiers might cry so too I might command them to hold their Tongues and to say I 'le teach you to cry Justice and so the Gentleman standing by might believe I was the person that bid them do it Truly my Lord is this all that the Gentleman says which I humbly conceive is nothing because he does not say against any person and therefore my Lord I do hold to that Maxim in the Law as Sir Edward Cooke holds that man of great parts of learning and knowledg That in matters of Treason wherein a man is the most highliest concern'd in his life and posterity there ought not to be construed against him Inferences or presumptions or strains of wit there is no more in this and this is all that I say in this particular In the next place Mr. Temple is pleased to say that after the Court had sentenced his Majesty he was hurried away in a Cedan Truly whether he was or not I know not There was a Guard of Halbertiers whereof Col. Huncks was one and several others as I have heard they were Select Guards of his Majesty Guarding him from St. Jame's to other places how he came to be hurried I know not it was not by me and whereas he say's during the whole Tryal I was there truly I think I was there by command of my General by Authority of the Lords and Commons L. ch Bar. You speak this that the Jury may understand you did it by command of your General Do you mean by express command Axt. I did not move a day but by special command L. ch Bar. By whom Axtell The Lotd Fairfax gave his Orders every morning to his Adjutant General or Major General and they issued them out to such and such persons as he appoints L. ch Bar. Who gave these Orders out Axt. The Lord Fairfax we did all under him L. ch Bar. You had not the order immediately from him Axtell The Major General had L. ch Bar. What Major General gave you that Order Axtell There was Cromwell and Ireton L. ch Bar. The Lord Fairfax gave you no immediate Commission Axtell He have my Superior Officers L. ch Bar. How do you know that Axtell My Lord because they told me so it was by his command L. ch B. The question is now understood Axt. The next person that speaks is Mr. Bodurdoe and he says that I commanded the Souldiers at the King's Tryal and that a Lady that was speaking was commanded silence to this purpose Truly my Lord this is but the same as before L. ch Bar. You said Shoot too Axt. No my Lord I said not any such word or any thing like it I heard there was an Officer went up and intreated her to be silent I say it is the same with the former it is no Treason to desire one to be silent My Lord the next Witness that speaks in Evidence against me is Mr. Young he says this I bid the Souldiers cry for justice it is very like that person as well as Mr. Temple might see me in the croud speaking to make the Souldiers quiet I might repeat the words that the people said repeat the word justice or some such word as the peoples words L. Ch. Bar. Remember how he repeats them he saw you active in setting on the Souldiers to cry justice Axt. If I have taken them right one says he heard me say such words as justice and that he saw me strike two or three Souldiers if in the Tumult such a word should be started I hearing of them I might strike those Souldiers that said justice justice and might repeat the words I 'le give you justice and so strike them that is a good Evidence that it might be a repetition of their words and not any of mine own They both speak as to the word justice but here was not justice mentioned to any person I might repeat their own words and chastise them for those words besides this though I do not say the word was spoken by me if the word justice had been spoken my Lord I hope it is no Treason to say desire justice it is Gods great Attribute it is God's Ordinance and that can be no Treason I have read in Law Books though but lately and I cannot find that the word Justice should be made Treason then there is no person to whom that adjunct doth belong The next Evidence my Lord is Capt. Jeonar he saith I commanded a Guard truly several Regiments took their turns as they were commanded by the General and I as an inferior Officer was there but that is no more than what was said before it was done by the Authority of the General if I had not done it I had died by the Law of War He saith there was a cry for Justice I can say nothing more than I have formerly said it may be in the Tumult the Souldiers might say so and I chastising of them and repeating that in my chastisement they might think they were mine own words L. Ch. Bar. Mr. Axtell I would help your memory he swears the last day you encouraged the Souldiers to cry Execution Execution Axt. For that particular I am coming to it I thank your Lordship for helping me My Lord for that of Execution truly I cannot say whether I was there that day or no one day I was commanded to be there with some Companies in Westminster-Hall but whether I was there any more than that one time is the question Admit I was there that day I was never there but when I was commanded when the Colonel that commanded the Regiment was there I as an inferior Officer ought to be there I was there by a special Order and not by
a voluntary Act of mine own and so it cannot be Compassing the death of the King For to the word Execution what can be the sense of this word Execution is a single word those people that started the word justice might put it in the heads of the Souldiers which I might strike to command silence they likewise might upon the same account cry out Execution and so to hinder all Tumults and Hubbubs and the like in the place I might repeat their words in correcting of them for it I might say I 'le justice you I 'le execution you But my Lord this word Execution of justice it is a glorious word not that there can be an inference that what they did I should say was Justice or to approve of any thing that they did but only in general Execution of justice which my Lord relates not to any person possibly the rude people might be speaking as hath been said before in that manner and the Souldiers might take it up and I might reprove them and make use of their own words by word of repetition I will Justice you I will Execution you My Lord in the next place I do observe to speak that of Mr. Burden he did observe to your Lordships and the Jury my Country-men my Brethren with whom are the issues of life and death for whose life they must answer before the Lord as to Righteousness Judgment and Equity I say my Lord as to Mr. Burden he tells you that for my sake he was imprisoned saith he I have suffered much by him and speaks it with much indignation of spirit I have suffered and been imprisoned by him and afterwards he comes to speak his Evidence how much his Evidence may be of Force I desire my Lord the Jury may consider of that and then he comes and saith I commanded a Guard at the Banqueting-house in Whitehall Truly my Lord the Lord Fairfax commanded a Regiment to quarter there and I as an inferior Officer might be there in the next place my Lord he saith I sent Alisha Axtell to fetch the Hang-man Truly my Lord I wonder this person is come from Ireland if this were so the Authority there would not send that person with his great Evidence as well as this person he may as well charge any person with this as me It is evident Ireton Harrison and Cromwell they did all amongst themselves I never was with them amongst them received no command from them nor obeyed them nor did any thing but what I had command for from the General who by the Law I was bound to obey as a Souldier I shall only observe one thing more this person being so long a Prisoner to Extricate himself out of his imprisonment and chains poor man he may say more than is true I wonder he should say I sent for the Executioner I never knew of any circumstance touching consultation about his Death or took him Prisoner When they sent to me to be one of his Gnard I never would go I humbly conceive there is nothing sticks upon me in this considering the circumstances and the words of he person that spoke them My Lord the next person that speaks against me is Mr. Cooke and he saith he heard me say Thrust that Lady down that made a disturbance in the Court or words to that purpose it is probable there might be a desire of silence The next Evidence is Lt. Col. Nelson he saith that upon a Discourse L. Ch. Bar. I would put you in remembrance lest you should forget what Sir Purback Temple said That by leave of persons under your command he saw the body of the King It is only a Circumstance Axtell I have heard there were Chirurgions Physitians and Halberteers appointed by whom I know not they had the care of such things and had the keeping of him he was locked up by them no body could come in but by them I never had a Key possibly Col. Temple might come to me quartering there and desire me to speak to some persons that had the charge of it to let him in whether I did or no I cannot remember but if it were so I hope it will not amount to Treason The last thing given in Evidence against me is Mr. Nelson he saith that upon some discourse between us he was asking what person cut off the Kings head and that I should say Hewlet c. Truly my Lord I was never privy and I appeal to Mr. Rushworth if he were here who was Secretary if ever he saw me in any Counsel to advise or Act or any thing in that kind in relation to the Kings Tryal Sentence or Execution for me to know the person that was imployed about the Execution it is strange when as I said before they did all within themselves I had no knowledg thereof and medled not with any thing but within my own Sphear as a Souldier under my L. Fairfax by Authority of Parliament For naming of any person truly my Lord it would be a wonder to me that I should name any person to go to do any person that wrong and injury to say he was the person I must invent it for I knew nothing of it But by common fame up and down the City it was said to be another person but who it was I cannot say my Lord but to all this that hath been said against me there are but two things upon two Witnesses that are placed upon me the First my Lord here is two Witnesses for crying Justice and Execution L. Ch. Bar. I think you have more than two to those words Axtell Not for both together L. Ch. Bar. No but several for Justice Axtell There is three to that I shall only say this to your Lordship and this Jury in whose hand this life of mine is and is committed to them either to acquit or condemn me and God knows the hearts of all men and my innocency and integrity I shall say nothing to the Witnesses it is a day of Temptation and I desire the Jury my Countrymen my fellow Citizens my Brethren that they would well consider of it the word Execution and Justice admit I had said them which my Lord I do not I must not Grant there being an uprore of people there such words might be used and possibly Souldiers might take them up from them and chastising the Souldiers I might repeat the words I will Justice you I will Execution you L. Ch. Bar. The Evidence is that you beat them because they did not readily cry Justice Justice Axtel It might be more probable I beat them because they did do it I might chastise them for doing of it and repeat it as a reason for their Chastisement and but admitting it was true which I grant not yet I hope Justice and Execution of Justice as it is so great an Attribute of God by Gods Laws nor Mans Laws is no where made Treason but Mercy attends it and Judgment attends
what degree or quality whatsoever who within Four days after the publishing hereof shall lay hold upon this our grace and favour excepting only such persons as shall hereafter be excepted by Parliament that is a Parliament called by his own Writ You know this Parliament L. Ch. Bar. Mr. Axtell I would not interrupt you to that but this very Objection was made by one of the Prisoners before this answer was given First the King's Declaration is not a Pardon in point of Law it must be under the Broad-Seal but God forbid but it should bind in honour You instanced in the word Parliament what was meant by the word Parliament you must know this the exigency of the Times were such that there were many Noble Persons that took the advantage to Assemble themselves together to reinstate the King they did that which was just and lawful according to the exigency of the Times This Declaration he sent to the two Houses he called them His Two Houses so that it appears clearly and manifestly they were then sitting they being accepted by the King and owned by Him and they did sit in way of Convention according as a Parliament and his Majesty sent his Letter to them and these are the persons that have thought fit to except you out of that Act. Axtell My Lord may I speak to that any further L. Ch. Car. If you do it will be over-ruled Axt. I submit with submission to the providence of God I did apply to Sir Harbottle Grimston for the Mercy and Favour of his Majesty according to his Declaration and here is Sir Harbottle's own hand for a Certificate L. Ch. Bar. That is allowed you that you did claim that benefit within the time but you may remember that it was referred to those two Houses of Parliament they were to consider who was fit for the Pardon and you are by them Excepted out by Name Your question now is no more but whether guilty or not guilty and these are but extravagant Discourses that you say otherwise and rather do you harm then good Axtell I hope you will pardon me my Lord I hope I have spoken to clear the Point The Fact charged by your Lordships and before the Jury and I hope the Lord will give the Jury a Memory of it and a right Understanding in what I have said for my own Defence My Lord the next thing I have to offer is this to Expound that Act of Parliament that it was the intention of his Majesty and Parliament that all should be excepted but those guilty of Councelling Signing or Sentencing Truly my Lord I humbly conceive I being none of those am not guilty of Treason I shall only speak one word to my Jury That they will remember what I have said that there is but two things two Witnesses as to Justice and Execution that it relates to no person but in General and then I do not own the things but possibly they might hear such words I taking of them up upon a rebound reproved the Souldiers for the other that I should send one for the Executioner he heard so and that I should name who was the Executioner I would not have that person or any other to suffer for that L. Ch. Bar. That is not at all pressed upon you not as to any Charge Axtell I thank your Lordship I am very ignorant L. Ch. Bar. Have you done Sir Axtell I leave the matter to the Jury in whose hands I and my little Ones and Family are left I only say this to you Remember your Ancestors Remember your Posterity I never heard it before that words were Treason In Queen Maries time Throckmorton was acquitted for words by the Jury Gentlemen of the Jury I leave my Case my Life my All in your Hands L. Ch. Bar. Gentlemen of the Jury There hath been several things offered by the Prisoner at the Bar as near as my Memory will give me leave in so long a Discourse I shall repeat all things which he saith for himself and which are said against him There are some things that he seems to utter as tending to matter of Law and something meerly of Fact proper only for you of the Jury For matter of Law he hath urged several things for himself not by way of justification of the Fact I must do him that right but in excuse of himself and I hope his conscience hath so wrought upon him that he is of opinion the Fact was a horrid Fact which was so indeed For that which he hath said for himself First he doth alledge to have his Commission from the Lord Fairfax My Lord Fairfax had his Commission from the two Houses of Parliament and this Gentlemans was in March the beginning of the year 1648. he saith what he did was in obedience to his superiors as a Soldier that he never consulted or advised about any thing of the Tryal or execution of his Majesty For this point it hath already been spoken to Gentlemen for that which hath been spoken to at large heretofore I must repeat it here that he may know it That no Person whatsoever no Community not the people either collectively or representatively have any coercive Power over the King neither the Lord Fairfax his General not he nor any other person could be excused for this horrid Fact of bringing the King to Trial No person as I said before nor Community have any such power The Law-books which he hath lately seen and truly he hath imployed his time well in that the Law-books tell us that whereas the two Spenceers had broached a damnable and detestable principle that the homage was only due to the King in respect to his Crown that if he did not demean himself according to such and such rules his Subjects might rule him per aspertee by asperity and sharpness but this was condemned by two Acts of Parliament they both appear in my L. Cooke in Calvins case I do not go to repeat all the evidence that might clear this truth I say had there been any such thing but it hath been told him there was no such thing in Fact My Lord Fairfax's Commission was for the preservation of the King as well as for the liberties of the People The 11. of Rich. 2. Robert de Vere and others for levying a War was punished but this Gent. was not charged for levying of War If either of the Houses of Parliament should command such a thing as tends to the death of the King it would be void in it self Something he let fall of the Parliament not being dissolved My Masters for that you have heard some of my Lords declare how and in what manner this was an Authority of Parliament but it was clearly nothing at all this Gentlemen goes by Vertue of a Power from the Lord Fairfax The next thing he urges in point of Law was this he comes by way of Dilemma saith he either I must obey my General or dye
his Execution and that one of the Prisoners at the Bar was in before the High Court of Justice consulting of bringing it about When we have proved this I think it is enough Pray call the Witnesses Harvey My Lord according to my duty I shall save this honourable Court all their trouble I do humbly acknowledg that I was and did sit in that Court but I did not Sign and Seal that Warrant L. Ch. B. It is very true Mr. Harvey Har. I hope your Lordships and this honourable Bench will give me leave in that time which you shall appoint to shew you my reasons that I did it not of Malice and it was an error not of Will but of Judgment what I have to say will be thought not for the annihilating yet for the extenuation of my crimes Lord Chief Baron Say now what you will only consider with your self whether you have not already spoken as much as you can for the Extenuation of it say what you can further Harvy Let me speak a word L. Ch. Bar. Go on Sir Harvey My Lord I do humbly conceive if I had conceived that I had then done any thing of Treason I would not for all the World have been there I was present when his Majesty did not own the Court desiring that both his Houses might meet that he might have a Conference with them for setling of the peace My Lord heartily and unfeignedly I did endeavour that that advice might be embraced and that no sentence might be pronounced I was one of those with some others that did so far promote it that that which they called the High Court of Justice did withdraw to consider of it but the major part of it did dissent But my Lord I was so unhappy as to return to the Court though with reluctancy I went with a resolution not to go more to them nor never did I was sommoned to come to the Court I did declare I abhorred the thing that my Soul had reluctancy against it and I was greatly grieved and troubled at it and I did refuse any more to come or to consult about any thing that followed in order to his Majesties death and to Sign and to Seal And that I may make it appear to your Lordships I pray I may have a Witness or two examined Lord Chief Baron Name them Did he sit upon the day of sentence Councel Yes he did he followed it Mr. Edw. Corbet examined Mr. Corbet My Lord the attestation which I this day make solemnly in the holy fear of Almighty God and in awful reverence of this great Tribunal hath only this great scope that Colonel Harvey the Prisoner at the Bar upon that day of signing the Warrant for that horrid Execution of His most Excellent Majesty not in title only but in reality he finding me as I was passing to the duty of my place in the Assembly of Divines then sitting he seized on me and desired privacy of time and place that he might disburthen his soul and spirit unto me it was then about nine a clock in the forenoon to the best of my remembrance L. C. B. What day I beseech you Corbet To the best of my remembrance upon the Monday Sir says he I desire to make known unto you the deep horrour that sits upon my spirit the sadness and grief above all expressions that my present case has cast me into I have endeavoured Sir says he in the sight of God all that possibly I could to divert them from the Sentence I could not prevail Sir says he I have been this morning sollicited with very much earnestness that I would go and sign and seal and order that wicked Execution which my soul abhors and Sir that I might be removed and withdrawn from all temptations and sollicitations of such a wicked fact I beseech you spare me your time this day which I did in the presence of another Divine till four a clock that afternoon and then I parted and went to Westminster to sign and assist that which I did apprehend my bounden duty the Vindication of the Assembly of Divines wherein we did testifie that it was far from our thoughts to advise the Parliament to any such unheard of unnatural act Councel We do admit that after he sat and Sentence past that he did not sign Harvey Be pleased to call one Mr. Tho. Langham he hath heard me often declare against that act Mr. Thomas Langham examined Lord Chief Baron What do you say Mr. Langham as to this business Langham Sir about the time that his Majesty was executed in 1648. I was then Servant to Alderman Sleigh who was formerly partner with this Colonel and he frequently came to Alderman Sleigh's every night and the Alderman having some business with him would ask him what News there was at the High Court of Justice he usually told him the passages upon any day the Alderman asked him if so be he thought his Majesty might escape he told him this that he would do what lay in his power that he might that he might not come to have Sentence past upon Saturday being also there he told him this that he had done what lay in his power to hinder the Sentence but could not attain his design but he was resolved he would never sign nor seal to his Majesties death for it was utterly against his Judgment Harvey There is another my Lord and but one more that is George Langham Lord Chief Baron To what purpose This is believed Harvey I shall only crave and supplicate this favour of this Honourable Bench that this Honourable Bench will be pleased on my behalf since I have endeavoured it two moneths before to present my humble Petition to his Sacred Majesty and to intercede for mercy and favour on my behalf my self my wife and thirteen Children shall humbly pray The Court received the said Petition and promised to present it to his Majesty Millington I do not know whether it will be seasonable for me to interpose now I would speak a little Lord Chief Baron Is he next in order Clerk No my Lord Pennington is next Pennington I am unwilling to be troublesom to the Court This I shall take the boldness to say which shall be nothing but truth I never had a hand in plotting contriving malicious practices against his Majesty demonstrated by my utterly refusing to sign the Warrant for his Execution though often sollicited thereunto I cannot deny but I sate amongst them that day of the Sentence but I cannot remember I was there when the Sentence passed My sitting amongst them was out of ignorance I knew not what I did therefore I hope you wil believe there was nothing of malice in any thing I did I was misled to it L. Ch. Baron I cannot hear you he not speaking aloud Penington It was Ignorance not Malice that lead me if I had known what I had done I would not have done it I humbly pray that