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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A94831 The tryall and condemnation of Col. Daniel Axtell, who guarded the High-Court of Injustice. Col. Francis Hacker, who guarded His Sacred Majesty to the scaffold. Cap. Hewlet, who was proved to be the man that butchered His Majesty. Together with, their severall pleas, and the answers thereunto. At the sessions-house in the Old-baily, on Monday the 15. of October, 1660. By the judges appointed by the King for that purpose. Hacker, Francis, d. 1660.; Hewlet, William, Captain. 1660 (1660) Wing T2138; Thomason E1046_8; ESTC R208055 6,264 12

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this Act was set on Foot and past as an Act of Parliament by a few and the most inconsiderable of the House Commons which was so farre from being accounted an Authority that they had not the least colour for it Col. Axtell further pleaded the obedience to his Officers by Vertue of his Commission and the Rules of War to be enough to plead his Excuse it being grounded upon a Commission given by the Lords and Commons to the General To which was answered that they did not taske him for any thing done by the Commission of the Lords and Commons but for the subsequents which were committed after their Illegall Interruption the King and the Parliament having laid all misunderstandings before those Violent and Wicked proceedings a sleep and so not to be mentioned at that time If he had been Indicted for Levying War against the King that Plea had been good but being Indicted for an Actor upon the sad Tragedy of the Kings Death which was done after the aforesaid oessation of the house of Lords and Commons all that he could say upon that account was not to be taken notice of in the least For the Lord Fairfax himself at that time had no Authority himself for the two Houses of Parliament gave him his Commission Then it was asked whether it was mentioned in his Commission that he should cry Justice Justice and whether if his Superiour Officers had commanded him Treason that could justifie him the Guilt being the greater for his obeying Man before God there being a double obedience Active and Passive and Col. Huncks for denying to Sign the Warrant for that wicked Act suffered no inconveniency at all in a word there was no other Authority but your own Law and Wills and although both Houses had given you Commission to do that horrid Act it could not justifie you Then Collonel Axtell pleaded the King's Declaration in which he said was exprest that the Parliament that were to except was to be a Free Parliament and such a one as was to be called by his own Writ To which was answered that the King owned this as his Parliament that in his Declaration from Bredah he said he would leave it to the Parliament which could be understood of no other but this Parliament as being those that he did intrust with the vindication of his Fathers Death and directing his Letter in these words To the Speaker of the House of Commons Assembled in Parliament After several other things which he endeavoured to use for his vindication which were easily answered The Court asked if he had any thing more to say to which he replyed no Whereupon the JURY without going forth immediately found him Guilty of the aforesaid TREASON of conspiring and compassing the DEATH of our said late SOVERAIGN Col. Axtell being taken from the Bar the Court called for Collonel Hacker whose Indictment being read in the Form aforesaid The Kings Council stood up and charged him likewise of High Treason to the following effect My Lords and Gentlemen of the Jury Francis Hacker the prisoner at the Bar stands indicted for contriving councelling and compassing the Death of his late Majesty of ever blessed Memory the othe● things mentioned in the Indictment as assembling meeting and propounding to Murther and Destroy him are laid but as Evidences to shew his trayterous imagination thereof he was one that was upon the Guard to the intent the King might be brought to that Mock-court of Injustice He was so highly intrusted by those Miscreants as to have a Warrant directed to him to take into his custody the Kings person and to see Execution done Accordingly he took the person of the King from col Thomlinson and was the Man in pursuance of the aforesaid Warrant that brought him to the fatall AXE he gave a Warrant to that bloudy Fellow that did the Act he did it not ignorantly for he knew the contents of that horrible Warrant he was on the Scaffold at the time of the Execution he had the Axe in his hand and was the person that managed the whole business of the Kings Murther Witnesse being produced it was sworn that he confest he signed a Warrant for the King Execution That he did demand the person of the King from col Thomlinson by Vertue of a Warrant directed to him from the High-court of Justice That Cromwell when he saw Huncks refused to signe a Warrant to the Executioner writ something with his own hand which was thought to be the Kings Execution which Hacker signed and that the King came upon the Scaffold immediately after and that collonel Hacker was upon the Scaffold col Hacker said he did believe he did signe such a Warrant and being asked to whom he directed it he answered he could not tell So the Jury without going forth immediately found him 〈…〉 Guilty 〈…〉 He being taken from the Bar at lasst Capt. Hewlet was brought before the Court and after his Ind●ctment read was charged by the Kings Council viz. My Lords c. You have heard several of the King's Judges Indicted their Councel their Chaplain and their Guard who have been found Guilty by you This prisoner at the Bar in the last place ws one of those that came upon the Scaffold at the time of the Kings Murther with a Vizarrd upon his Face and a Frock upon his Body to doe that bloudy and unparalleld Act and that he was the Man that gave the Fatal blow We have Witnesse my Lord to prove that he was there Secondly That he was so by his own confession I doubt not likewise Gentlemen but to prove that he had One hundred pound given and was promised preferment likewise in Ireland for this horrid Murther Gentlement he is Indicted for imagining the King Death and if we can but prove any of those Circumstances you are to find him Guilty if we prove he came Disguised upon the Scaffold it is enough 〈…〉 or if 〈…〉 prove any thing out of his own mouth it will be a further Tre 〈…〉 y and we dovbt not but to pluck off his Vizard before we 〈…〉 ne The substance of the Witnesses was to the following effect 〈…〉 at he said he was to have one hundred pound and prefer 〈…〉 in Ireland to cut off the Kings Head That a Serjeant in the 〈…〉 e Company with him heard his voice upon the Scaffold and 〈…〉 w his Breeches under his Frock and that he had the Grayperriwig and Vizard with a Gray-Beard and that he was cal●ed Grandsire Gray-beard all over the Regiment after that day That he was seen the day before and the day after upon the Guards but was not to be heard of that day Being asked where he was that day the King was Murthered He answered that Col. Hewson clapt him up into prison because he would not go upon the Scaffold and Nine more with him The Souldiers being askt whether any were imprisoned or not answered that they were all askt but all denied