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
and art now arraigned or Not guilty Tichbourn My Lord I have been a very close Prisoner without any advice I am altogether unable in Law to speak Court You know the Course hath been delivered to you by others I will not trouble you with it It is neither long nor short the Law requires your answer Guilty or not guilty Tichbourn Spare me but one Word If upon the Trial there shall appear to be matter of Law shall I have the liberty of Councel for it if I shall be put in my own Case to plead matter of Law against those noble Persons who plead on the other part I shall but prejudice my self and therefore I crave Councel Court You must Plead Guilty or Not guilty Tichbourn I have no Reason nor Design to desplease you I am sure I am no waies able to plead with equalness in Point of Law with those Noble Gentlemen To the Matter of Fact this is my Plea in Manner and Form that I stand Indicted I am Not guilty Clerk How will you be Tried Tichbourn By God and the Countrey Clerk God send thee a good Deliverance Clerk Owen Roe Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Owen Roe My Lord there hath been so much said already by others I think I need say no more In Manner and Form as I am now Indicted I Plead Not gulty Clerk How will you be Tried Owen Roe By God and the Countrey Clerk God send you a good Deliverance Clerk Robert Lilburn Hold up your Hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Robert Lilburn I desire in regard that being so close a Prisoner for twenty daies that no body ha's been suffered to advise with me Lord Chief Baron I must interrupt you You must not mispend the time Understand the Law You must Plead guilty or Not guilty Rob. Lilburn Will you give me leave to desire Councel before I Plead to advise me touching my Plea Clerk Are you Guilty or Not guilty Rob. Lilburn I desire Councel Court Take heed if that be your Answer You desire Councel and do not Plead and that be Recorded Judgment will pass against you There is nothing to Plead but Guilty or Not guilty If Not guilty what you have to say will be heard Rob. Lilburn If you over-rule me I must submit Court Do not let such Language fall from you it is improper The Law gives us a Rule The Prisoner must Plead Guilty or Not guilty Rob. Lilburn I say then in Manner and Form as I am Indicted I am Not guilty Clerk How will you be Tried Rob. Lilburn By God and the Countrey Clerk God send you a good Deliverance Clerk Bring to the Bar Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement and John Cook Who were brought accordingly and being commanded severally held up their hands at the Bar. The Indictment was read to the Persons at the Bar as before Clerk Adrian Scroop Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Adr. Scroop My Lord Not guilty Clerk How will you be Tried Adr. Scroop By God and the Countrey Clerk God send thee a good Deliverance Clerk John Carew Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and art now arraigned or Not guilty John Carew There is some special matter in that Indictment that ought not to be before Court Are you guilty or Not guilty John Carew Saving to our Lord Jesus Christ his Right to the Government of these Kingdoms Clerk Are you Guilty or Not guilty John Carew I say I am Not guilty Clerk How will you be Tried John Carew How would you have me Clerk Will you be Tried by God and the Countrey John Carew I if you will Clerk You must say the words How will you be Tried John Carew By God and the Countrey Clerk God send you a good Deliverance Clerk John Jones Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Jones Not Guilty my Lord. Clerk How will you be Tried John Jones By God and the Countrey Clerk God send you a good Deliverance Clerk Thomas Scot Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Th. Scot. Truly I cannot call it Treason and therefore I Plead Not guilty Clerk How will you be Tried Th. Scot. By God and the Countrey Clerk God send you a good Deliverance Clerk Gregory Clement Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Greg. Clement My Lord I cannot excuse my self in many Particulars but as to my Indictment as there it is I Plead Not Guilty Clerk How will you be Tried Greg. Clement By God and the Countrey Clerk God send you a good Deliverance Clerk John Cook Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Cook I humbly conceive that this is now time to move for Councel for matter of Law Court You know too well the manner of the Court. Are you Guilty or Not guilty John Cook Not guilty Clerk How will you be Tried John Cook By God and the Countrey Clerk God send you a good Deliverance Clerk Bring Edmund Harvey Heary Smith John Downs Vincent Potter and Augustine Garland to the Bar. Who were brought accordingly and being commanded severally held up their Hands The Indictment was read to them Clerk Edmund Harvey Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Edmund Harvey Not guilty my Lord. Clerk How will you be Tried Edmund Harvey By God and the Countrey Clerk God send you a good Deliverance Clerk Henry Smith Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and for which thou art now Arraigned or Not guilty Henry Smith Not guilty my Lord. Clerk How will you be Tried Henry Smith By God and the Countrey Clerk God send you a good Deliverance John Downs Vincent Potter Augustine Garland upon the Question presently pleaded Not guilty and put themselves on God and the Countrey to be Tried Clerk Set to the Bar George Fleetwood Simon Meyn James Temple Peter Temple Thomas Wait Hugh Peters Francis Hacker and Daniel Axtel Who being at the Bar held up their Hands according to Order afterward the Clerk read the Indictment against the said Persons Which being ended he proceeded in this manner
Clerk George Fleetwood Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty George Fleetwood My Lord I came in upon his Majestie 's Proclamation Clerk Art thou Guilty or Not guilty George Fleetwood I must Confess I am Guilty And thereupon he delivered a Petition in to the Court which he said was directed To his Majesty and the Parliament and the Court did receive it accordingly Clerk Set him aside Clerk Simon Meyn Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty Sim. Meyn Not guilty I come in upon His Majestie 's Proclamation my Lord. Clerk How wilt thou be Tried Sim. Meyn By God and the Countrey Clerk God send thee a good Deliverance Clerk James Temple Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty James Temple Not guilty Clerk How wilt thou be Tried James Temple By God and the Countrey Clerk God send thee a good Deliverance Clerk Peter Temple Hold up your hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Peter Temple Not guilty Clerk How wilt thou be Tried Peter Temple By God and the Countrey Clerk God send thee a good Deliverance Clerk Thomas Wait Hold up your Hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art Arraigned or Not Guilty Th Wait. I desire to be heard a word or two Court There is a Rule of Law which is set to us and you that in all these Cases you are to plead Guilty or Not guilty When you have Pleaded if Not Guilty you may speak what you will in its proper time Clerk Are you Guilty or Not guilty Th. Wait. I pray let me be heard a word I am very unwilling to spend time knowing you have a great deal of Business I am very unwilling to deprive my self of my Native Right I shall speak nothing but that which is Truth Court Do not Preface then but speak what you would say Th. Wait. My Lord my Case is different from the rest Court Whatsoever the Case he you have no Plea to us but guilty or Not guilty We can go no other way The Law sets our your Plea Th. Wait. My Lord I would speak one word There was a Great Peer of this Nation Indicted at Northampton within these two years for killing a man The Judges there Court You must Plead guilty or Not guiley Pray who are you that should take this upon you more then all the rest You must go the ordinary way guilty or Not guilty Are you guilty or Not guilty We do not intend to prevent any thing you have to say but it must be proper Clerk Are you guilty or Not guilty Th. Wait. I cannot say I am Guilty Court How then Th. Wait. I am Not guilty Clerk How wilt thou be Tried Th. Wait. By God and the Countrey Clerk Good send thee a good Deliverance Clerk Hugh Peters Hold up thy hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Hugh Peters I would not for ten thousand Worlds say I am Guilty I am Not guilty Clerk How will you be Tried Hugh Peters By the Word of God Here the People laughed Court You must say By God and the Countrey Tell him you that stand by him what he should say if he doth not know Clerk How will you be Tried Hugh Peters By God and the Countrey Clerk God send thee a good Deliverance Clerk Dan. Axtel Hold up thy hand What saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Dan. Axtel May it please your Lordship I desire to have the freedom of an English-man that which is my Right by Law and inheritance I have something to offer in point of Law Clerk Art thou Guilty or Not guilty Dan. Axtel My Lords give me leave to speak For the Matter of the Indictment I conceive is upon the King's Death that there is a Commission of Oyer and Terminer for you to sit But in regard it was in pursuance of an Act of Parliament I conceive no Inferiour Court ought to judge of it I desire Councel it being of great and eminent Concernment in Law That ever any Judges or any Inferiour Court should judge of the Powers and Priviledges of a Parliament and I pray that Councel may be assigned me Clerk Are you Guilty or Not guilty Dan. Axtel If the Court over-rule me and I shall not have my Liberty as an English-man Court The Course of Law is this No man can Justifie Treason If the matter which you have to say be Justifiable it is not Treason if Treason it is not Justifiable Therefore you must go to the ordinary course of the Law You must Plead Guilty or Not guilty Dan. Axtel I can produce many Precedents Cour Are you Guilty or Not guilty The Language is put into your Mouth You have no other words to express your self by at this time but Guilty or Not guilty Dan Axtel Judg Heath had Councel assigned him upon the same Case Court That is very strange the same case What was it for killing a King Dan. Axtel If the Court will over-rule me I cannot help it Mr. Solicitour Gen. It may be this Gentleman may be deceived by a Mistake It may be he knows not the Law which your Lordships may be pleased to acquaint him with That to stand Mute in High-Treason is all one as to Confess the Fact and will have the same Sentence and Condemnation upon them as if they had Confessed it Lord Chief Baron Then I 'le tell you the Law He that doth refuse to put himself upon his Legal Trial of God and the Countrey is a Mute in Law and therefore you must Plead Guilty or Not guilty Let his Language be what it will he is a Mute in Law Dan. Axtel I do not refuse it Court Then say Dan. Axtel I am Not guilty Clerk How wilt thou be Tried Dan. Axtel By twelve lawful men according to the Constitutions of the Law Court That is by God and the Countrey Dan. Axtel That is not lawful God is not locally here Clerk How wilt thou be Tried You must say By God and the Countrey Dan. Axtel By God and the Countrey Clerk God send you a good Deliverance Lord Chief Baron Mr. Axtel have you your Papers again Dan. Axtel Yes my Lord. Lord Chief Baron When your Indictment is read the second time when you come to your Trial you may take what Notes you please The Court then Adjourned to the same Place till the next morning seven of the Clock
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
keep up our Army seven years longer we need not care for the King and all his posterity Peters My Lord I must deny abundance of this the King commanded me to ride before him that the Bishop of London might come to him L. Ch. B. But this was three weeks after The next witness against you is one Proctor he saith that day as the other witness did he saw you riding just before the Kings Coach and because he did his duty the Souldiers threw him horse and all into a ditch The next witness is one Hardwick he saith that when the Proclamation was read he saw you in Westminster-Hall and that you said they had done as good as nothing unless it was proclaimed in Cheapside and at the old Exchange this you said to some of the Officers there Peters My Lord I cannot acknowledge it L. Ch. Bar. The next witness against you is Simson he swears he saw you in consultation with Oliver Cromwel and take Sir William Brereton by the hand and come to Bradshaws and this during the time of the Kings Tryal he saith further that one day when the King was at his Tryal you commanded Colonel Stubbers to bid his Souldiers cry out Justice Justice which they cryed and afterwards some of the Souldiers spit upon the King Peters I do believe that he that swore that cannot say I was there L. Ch. Bar. Another witness is one Richardson who saw you the first day in the Court and he said further that you commended Bradshaw and another to wit Cook for their carriage in the tryal of the King That you held up your hands and said this is a most glorious beginning of the work Peters Whereabouts in the Court Richards In the body of the Court called then the High Court of Justice Peters My Lord I do not know that ever I was in the body of the Court. L. Ch. Bar. The next witness is Sir Jeremy Whitchcot he saith he heard you often speak scurrilously of the King and making a Narrative of Cromwels escape you said there was a meeting and there we resolved to set aside the King remember what the other witness said we agreed and here we resolved you said I cannot but reverence the High Court of Justice it doth resemble the judging of the world at the last day by the Saints so it was the Saints that sate there I would have preached before the wretch but the poor wretch would not hear me you often call'd him Tyrant I cannot possibly remember the place things or words that are alledged Then you have another witness Nonnelly he saith he came with a warrant to Oliver Cromwel for some money and that he should say go and see the beheading of the King at Whitehall he saith there he met with you though you said you were not there that day going to the Banquetting house that you spoke to Tench and whispered in his ear and that Tench went and knockt Staples on the Scaffold he meeting Tench said what are you a Hangman saith Tench this day will be a happy day he saith after all this Hugh Peters was upon the Scaffold and that he went out with the Hangman Peters I do profess to your Lordships before Angels and men that I did not stir out of my Chamber that day L. Ch. B. The Council doth not put relyance upon that because of what your witness saith though his evidence is not at all satisfactory The next is Clough and he swears this that he saw you in the Painted Chamber with the Council of Officers and there you desired them to call on God for a blessing upon their business and there you said O Lord 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 and this was about a month before the King was murthered L. Ch. Bar. You hear it Mr. Peters Peters Some part I did but it is impossible for me to bear down many witnesses indeed my Lord I say this they are marvellous uncharitable and speak many false things L. Ch. Bar. The next is this the testimony concerning several Sermons of yours and let me tell you the Pulpit ought not to be a place where men with impunity may speak any thing what they list of Sedition and Treason Peters I am of the same judgement my self my Lord. L. Ch. Bar. And there was a solemn day to seek God then you preached at St. Margarets Church this was Mr. Bever in he came and heard you talk much of Barab and our Saviour there you fell upon this speaking of the K. it is a sad thing that it should now be a question whether we should crucifie our Saviour Jesus Christ or that great Barabbas speaking of the King you call'd him Traytor Tyrant Murtherer of his subjects and the like you went on in a way of a story these Citizens for a little Trading they will have Christ crucified and the great Barabbas at Windsor released and said you the Clergy the Assembly they are all for crucifying Christ and releasing Barabbas you made that expression O Jesus what shall we do the King was a Prisoner then at Windsor you made your application to the Parliament that was then present you told them the people did expect Justice from them you must not prefer the great Tyrant and Traytor naming the King to these poor hearts the Redcoats standing by Peters I must profess against most of that Lord Chief Baron There is the same by others It is further proved by the Order that you were appointed to preach Peters I do not deny I preached but not these things Lord Chief Bar. The next thing is this there was one Mr. Chase this was during the tryal he saith you preached at Whitehall upon this Text the 149. Psalm to bind their Kings in chains and their Nobles in fetters of iron you had two or three other verses more then you made a discourse of a Major and a Bishops man the Bishops man being drunk the Major committed him to prison the Bishop being angry asked by what authority the Major said there was an Act of Parliament for it he did not find that either the Bishop or his man was excepted you applyed that to the King said you I will shew you an act of the Bible Whosoever sheds mans blood by man shall his blood be shed this doth not except the King Prince Prince Rupert Prince Maurice or any of that rabble Peters It is false Lord Chief Baron You said further This is the day that I and many other Saints of God have prayed for these many years and Oliver Cromwel laughed at that time The next witness was Tongue he heard you preach and he swears the same with the former that you applauded the souldiers and that you hoped to see such another day following as the day before and
that blessed be God the house is purged and the Lords will be shortly pull'd out and the twenty eighth day of January which was the day after the King was sentenced at Saint James's his Chappel you took for your Text the 149. Psalm the 6 7 8 and 9 verses whereof these words were part To bind their Kings in chains and their Nobles with fetters of iron there in the middle of that Sermon having spoken before of the King you said you did intend to preach before the poor wretch upon the 14 of Isaiah the 18 19 and 20 verses speaking of all the Kings of the nations Thou art cast out of thy grave like an abominable branch c. he saith further you said look upon your lesser Bibles and you will find the title is The Tyrants fall There is another witness that is one Bowdler a few days before the Kings death at S. Sepulchres there you fell upon the old comparison all along you compared the King to Barabbas and that a great many would have Christ crucified and Barabbas released all along comparing the King to Barabbas One more and that was Ryder he heard this text He shall call his name Emanuel you fell to speak of news what shall become of the King and you said the King was Barabbas and a great many would rather have Christ crucified than Barabbas And then Mr. Walker he saith that after the King was first brought to his tryal he heard you say this I have prayed and preached this twenty years and now may I say with old Simeon Lord now lettest thou thy servant depart in peace for mine eyes have seen thy salvation he mentions that you made use of the other comparison of the Major and the Bishops man and inferred from thence that the King and Prince c. were not excepted out of the Scripture where it is said Whosoever sheds mans blood c. you have heard all this witnessed against you what have you to say for your self Peters These are but single witnesses Lord Chief Baron The statute is two witnesses for Treason but not two to one individual thing though there are several witnesses have proved the same thing about Barabbas and our Saviour Bind their Kings with chains c. and of your other actions there is a whole Jury of witnesses two witnesses expresly we agreed upon the Kings death and we resolved to set the King aside Pet. I do not know the witnesses Lord Chief Baron One is Sir Jeremy Whitchcot the other is Doctor Young you shall do well if you have any thing to say to invalid these witnesses to speak to it else the Jury will be sent together to deliver up their verdict Peters My Lord if I had time and opportunity I could take off many of the witnesses but because their testimony is without control I cannot satisfie my self I have no skill in the Law else I might have spoke for my self I do not know what to say more unless I had more time and counsel Mr. Soll. Gen. If the prisoner can say no more here is this in it here are five places where he did consult about the Kings death at Windsor at Ware in Colemanstreet in the Painted Chamber and in Bradshaws house and four witnesses to prove this there are two witnesses to his comparison of the K. and Barabbas and two witnesses to his text of binding their K. inchains c. proof that he hath been in action in New-Eng that he came from it with that intent and then went to Holland that he had been in arms that he called the day of his Majesties tryal a glorious day resembling the judging of the world by Saints he prays for this in the Painted Chamber preaches for it at Whitehall S. James's Chapel Sepulchres what man could more contrive the death of the King than this miserable Priest hath done the honour of the Pulpit is to be vindicated and the death of this man will preach better than his life did it may be a means to convert many a miserable person whom the preaching of this person hath seduced for many come here and say they did it in the fear of the Lord and now you see who taught them and I hope you will make an example of this carnal prophet The Jury went together and after a little consultation settled in their places Cl. Are you agreed in your Verdict Jury Yes Cl. Who shall say for you Jury Our foreman Cl. How say you is the prisoner at the Bar guilty of the Treason whereof he stands indicted or not guilty Foreman Guilty Cl. And so you say all Jury Yes Cl. Look to him Keeper Coun. We desire Mr. Cook may be brought to the Bar and that they may both have their judgement pronounced Cl. John Cook hold up thy hand what hast thou to say why the Court should not pronounce judgement for thee to dye according to Law Cook I have a few words matter of Law First there is no averment in the Indictment that J. Cook mentioned in the Act of Indempnity is the same with the John Cook mentioned in the Indictment and that I am the John Cook mentioned in both L. Ch. Bar. This will not help you in this case you have owned and have pleaded by the name of John Cook Cook The second is this that the overt acts should be particularly expressed in the Indictment L. Ch. Bar. This cannot be alledged in arrest of judgement the Jury have found you guilty of compassing and imagining the death of the King by the statute of 25 Edw. 3. and this cannot help you Cook I say it was professionately L. Ch. B. That hath been overruled already we have delivered our opinions the profession of a Lawyer will not excuse them or any of them from Treason and this hath been overruled and is overruled again Cook I humbly conceive that the remaining part of the House of Commons were to be Judges whether there was a force or not L. Ch. B. This is all past and overruled Cook Then I have no more Cl. Hugh Peters Hold up thy hand what hast thou to say for thy self why Judgement should not pass against thee to die according to law Peters I will submit my self to God and if I have spoken any thing against the Gospel of Christ I am heartily sorry Silence Commanded L. Ch. Bar. You are both persons of that ingenuous and liberal education as I hope I shall not need to tell you what it is to die you have had a great a deal of time to think of it you could not but think of this issue of your doings long ago and therefore I shall spare my labour of telling you what it is to die and of that eternity that you are to enter into only give me leave in a few words in relation to both of your professions to say something to shew the nature and hainousness of this offence the murther of the King if you were not
speech among the Souldiers that Hulet cut off the Kings head L. Ch. B. How long before did you see Hulet upon the guard Burden The day before but not that day nor the day after L. Ch. B. William Hulet the evidence against you is twofold one concerning the cutting off the Kings head the other that you were in a frock If it be proved that you did not cut off the Kings head yet if you were in a frock in that place it will not excuse you if you have any thing to say I will be glad to hear it Hulet I desire the persons may be examined upon oath prisoners and others who was the person that did it I mean Hacker Huncks and Phayer L. Ch. B. You that are the prisoner for that which concerns Hacker and Phayer you know what conditions they are in one already tryed for his life the other a prisoner in the Tower and Hacker saith himself he doth not know the person at all you that are prisoner at the bar the Court conceives you have had time to get your witnesses here you were informed of the business before you came here yet notwithstanding it is conceived there are some here that can say something tending to the information of the Jury but they are not to be admitted upon Oath against the King Sheriffs Officer examined Sheriffs Officer My Lord all that I can say in this business is this one of our fellows that belongs to our Master the Sheriff John Rooten by name he and I were talking about this very story and he did acquaint me with this That he was in Rosemary-Lane a little after the Execution of the King drinking with the Hangman that he did urge him whether he did this fact God forgive me saith the Hangman I did it and I had forty half Crowns for my pains Abraham Smith examined Smith My Lord assoon as that fatal blow was given I was walking about White-hall down came a file of Musketeers the first word they said was this where be the Bargemen Answer was made here are none away they directed the Hangman into my Boat going into the Boat he gave one of the Souldiers a half Crown saith the Souldiers Waterman away with him be gone quickly but I fearing this Hangman had cut off the Kings Head I trembled that he should come into my Boat but dared not to examine him on shore for fear of the Souldiers so out I lanched and having got a little way in the water said I who the Devil have I got in my Boat says my fellow sayes he why I directed my speech to him saying are you the Hangman that cut off the Kings Head No as I am a sinner to God saith he not I he shook every joynt of him I knew not what to do I rowed away a little further and fell to a new examination of him when I had got him a little further tell me true said I are you the Hangman that hath cut off the Kings Head I cannot carry you said I no saith he I was fetcht with a troop of Horse and I was kept a close prisoner at White-Hall and truly I did not do it I was kept a close prisoner all the while but they had my instruments I said I would sink the boat if he would not tell me true but he denyed it with several protestations William Cox examined Cox When my Lord Capell Duke Hamilton and the Earl of Holland were beheaded in the Palace yard in Westminster My Lord Capell asked the Common Hangman said he did you cut off my masters head yes saith he where is the instrument that did it He then brought the Ax is this the same ax are you sure said my Lord Yes my Lord saith the Hangman I am very sure it is the same my Lord Capell took the Ax and kissed it and gave him five pieces of Gold I heard him say sirrah wert thou not affraid saith the Hangman they made me cut it off and I had thirty pound for my pains Richard Abell examined Abell My Lord in the house of one Mr. Bramston I did hear Gregory himself confess that he cut off the Kings head L. Ch. B. You that are the prisoner at the bar the Court is willing to give all full scope as far as may be to examine the truth of the fact as they would not condemn the innocent so they would not acquit the guilty do you desire further time to examine the truth of it before it be put upon the Jury H. I do confess I do not understand the Laws I desire I may have a little further time I desire the Jury may be withdrawn I desire a fortnights time but submit to the Court. A Stranger Examined Stranger My Lord I was with my Master in the company of Brandon the Hangman and My Master asked Brandon whether he cut off the Kings head or no He confessed in my presence that he was the man that did cut off the Kings head Lord Chief Baron You that are the Prisoner at the Bar the Court was willing to give you as much time as they could by Law The Jury hath been charged and evidence given all those Witnesses have been examined that we could hear of now for your advantage I will say something to you It was here said and given in Evidence that Axtell did send a Boat to fetch the common Hangman if we knew more that might tend to your advantage it should be repeated You Gentlemen of the Jury mark it There is first Gittens he swears that he was in the same Regiment that you were in twelve or thirteen years together he saith that he and others were called together upon their Oaths and you amongst the rest and there was an Oath of secrecy asking them if they would do such an Act they all refused to do it so did you but he said the day of Execution of the King this Gittens got among them and one Captain Web kept the door and he saw you fall before the King and ask the King forgiveness he said he heard your voice and so knew you and that the day after Captain Atkins said you shall see Hulet shortly come to preferment and he saith he did not see you in the Regiment that day and that Hewson and all the Regiment used to call you Father Gray-beard Stammers he saith that you was Capt. Lieutenant to Col. Hewsons Troop and you coming to Lutterels town you asked him several particulars whether he had been in the Kings Army walking up and down you said you were the man beheaded King Charles and for that you had one hundred pounds this he swears positively Samson Toogood he swears he saw you come to Col. Hewsons in 1650. you talked to him very familiarly when you were gone he asked who you were he told him you were a Captain Lieutenant of Horse and he said that you were a very mettled fellow and did the Kings business upon the Scaffold that
the thirtieth of January 1648. Sign and Seal a Warrant for the Execution of His late Sacred and Serene Majesty of Blessed Memory Where also c. Clerk of the Crown How sayest thou Sir Hardress Waller Art thou guilty of that Treason whereof thou standest Indicted and for which thou hast now been Arraigned or Not guilty Sir Hardress Waller My Lords I dare not say Not Guilty but since that in a Business of this nature we have no Council or Advice and being not able to speak to matter of Law Lord Chief Baron I am loth to interrupt you but this is the course you have heard the Indictment read and the course is you must plead guilty or Not guilty There is no Medium Guilty or Not guilty It is that which is the Law and the case of all men Are you guilty or Not guilty Sir Hard. Waller I may confess my self Guilty of some Particulars in that Indictment but not of all for so instead of discharging I shall wound my Conscience Clerk Are you Guilty or Not guilty Sir Hard. Waller If I might have that liberty to Court You shall have that Liberty that any Subject of the Nation can have or can challenge No man standing at the Bar in that condition you are must make any other answer to the Indictment then guilty or Not guilty It 's the Common case of all men Your Confession must be Plain and direct Either Guilty or not Guilty Sir Hard. Waller My Lord I do desire some time to consider of it for it is a great Surprisal Court You have had time enough to consider of it you must follow the Directions of the Court Guilty or Not Guilty You must not thus Discourse of being surprised for these Discourses are contrary to all Proceedings of this Nature Clerk How say you Sir H. Waller Are you guilty or Not guilty Sir Hard. Waller I dare not say Not guilty Clerk Will you confess then Sir Hard. Waller I would be glad to be understood Court Your Plea must be direct guilty or Not guilty Sir Hard. Waller Shall I be heard my Lord Court Yes upon your Trial. There is but two ways Plead Not guilty or confess it Sir Hardress Waller we would not have you to be deceived If you confess and say you are guilty there is nothing then but Judgment If you say Not guilty then you shall be heard with your Evidence Consider with your self Plead Not Guilty or confess and say you are guilty Sir Hard. Waller My Lord It puts me upon a great contest with my self I shall be very free to open my Heart Court Sir you must plead Guilty or Not Guilty Sir Hard. Waller My Lord my condition differs from others I am a Stranger I have been thirty years transplanted into Ireland which ha's made me unacquainted with the affairs of the Law here Court You must keep to the course of the Law Either Guilty or Not guilty There is but one of these two Pleas to be made Sir Hard. Waller I dare not say Not guilty Court There are but these three thing to be considered Either you must say Guilty which is Confession and then there remains no more but Judgment or Not Guilty and then you shall be heard or Judgment will pass for your standing Mute which is all one as if you had confessed Sir Hard. Waller In as much as I have said I dare not say Not Guilty I must say Guilty Clerk You say you are guilty You confess the Indictment Sir Hardress Waller Yes Clerk Thomas Harrison How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Tho. Harrison My Lords have I liberty to speak Court No more at this time then Guilty or Not Guilty Mr. Harrison You have heard the Direction before We can give you but the same Rule If you plead Not guilty you shall be heard at large if Guilty you know what remains Tho. Harrison Will you give me leave to give you my Answer in my own words Lord Chief Bar. There is no answer but what the Law directs It is the same with you as with all others or as I would desire if I were in your condition You must plead Not guilty or if you confess guilty there must be Judgment upon your confession The same Rule for one must be for another Tho. Harrison You express your Rule very fair as well to me as this Gentleman pointing at Sir Hardress Waller but I have something to say to your Lordships which concerns your Lordships as well as my self Court You must hold and plead guilty or Not guilty If you go otherwise as I told you before it will be as if you pleaded not at all and then Judgment will pass against you The Law gives the words frames your Answer it is none else but the Laws Guilty or Not Guilty Tho. Harrison My Lord I have been kept close Prisoner near these three Moneths that no body might have Access to me Do you call me to give you a Legal Answer not knowing of my Trial till nine of the clock last night and brought away from the Tower to this place at six of the clock this morning Court You must give your direct Answer Guilty or Not guilty You cannot say it is sudden or unprovided You spend time in vain You trouble the Court You must plead Guilty or Not Guilty We must not suffer you to make Discourses there You must plead either Guilty or Not Guilty Clerk Are you guilty or Not guilty Tho. Harrison I am speaking Shall I not speak two words Court If you will not put your self upon your Tryal you must expect that course that the Law directs Tho. Harrison May it please your Lordships I am now Clerk Are you guilty or Not Guilty Tho. Harrison I desire to be advised by the Law This is a special Case Court The Law allows nothing now but to plead guilty or Not guilty Court You must plead to your Indictment If it be Treason it cannot be justified if it be justifiable it is not Treason Therefore Plead guilty or not guilty Tho. Harrison Give me advice in this Clerk Tho. Harrison Are you guilty or Not Guilty Tho Harrison I would willingly render an account of all my Doings Clerk Are you Guilty or Not guilty Court You have been acquainted with the Legal Proceedings You never found in all your Experience that any Prisoner at the Bar for Felony or Treason was suffered thus to discourse or to answer otherwise then guilty or Not guilty Clerk Are you guilty or Not guilty Mr. Sol. Gen. I do beseech your Lordships he may Plead Peradventure he knows his case so well that he thinks it as cheap to defie the Court as submit to it Court We must enter your standing Mute that 's Judgment Clerk Are you guilty or Not guilty Tho. Harrison Will you refuse to give me any Satisfaction Court Are you guilty or Not guilty Tho.
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
them who did either look Sadly or speak Affectionately And yet it will appear upon our Evidence too that so few of the very Common Souldiers could be brought to approve these Proceedings or to cry out Justice that their Officers were fain by Money or Blows or both to bring a great many to it My Lords The Actors in this Tragedy were many very many so many that sure their Name is Legion or rather many Legions And certainly my Lords when we shall consider the Thing that they have done we cannot but look upon it as a Villany which had in it all the Ingredients to make it detestable that it was possible for the Counsel of Men or Devils either to put together But yet if any thing can be of a deeper Dy then the Guilt of that Sacred Blood wherewith they stand Polluted me thinks their Impudence should make them more odious then their Treason It was the destruction of God's Anointed in the Name of the Lord. It was the Murther of a most blessed and beloved Prince in the Name of His People Him whom they had taken the transcendent Boldness to imprison as the Author of the War they put to Death because He would have been the Author of our Peace and that with so much Scorn and Indignity that some of them were not ashamed to spit in the Face of our Lord and Sovereign And when they had thus quenched the Light of Israel Darkness and Confusion did over-spread the face of the Land many poor Subjects at Home and some Protestants in Foreign Nations at the very News of it fell down Dead as if this excellent King had been in a Natural as well as a Religious sence the Breath of our Nostrils the Anointed of the Lord who was taken in their Pits The Judges Officers and other Immediate Actors in this pretended Court were in number about fourscore Of these some four or five and twenty are dead and gone to their own place The God of Recompences hath taken the matter so far into His Own Hands and who knows but that it might be one dreadful part of His Vengeance that they died in Peace Some six or seven of them who are thought to have sinned with less Malice have their Lives spared indeed but are like to be brought to a severe Repentance by future Penalties Some eighteen or nineteen have fled from Justice and wander to and fro about the World with the Mark of Cain upon them are Perpetual trembling lest every Eye that sees them and every Hand that meets them should fall upon them Twenty nine Persons do now expect your Justice Amongst them the first that is brought is the Prisoner at the Bar and he deserves to be the first for if any Person now left alive ought to be stiled the Conductour Leader and Captain of all this Work that 's the Man He my Lord brought the King up a Prisoner from Windsor but how and in what manner with how little Duty nay with how little Civility to a common Person you will hear in time He Sate upon Him Sentenced Him he Signed the Warrant first to call that Court together then the bloody Warrant to cut off His Sacred Head Against him as against all the rest our Evidence will be of two sorts Witnesses Viva voce that shall first prove to your Lordships that every Person now in Question did sit in that Court when their King stood as a Prisoner at the Bar. We shall prove that the Precept by which this pretended Court was summoned was not obeyed and executed till it had had the hands and seals of most of the pretended Judges among the rest the hand of the Prisoner at the Bar will be found there We shall prove his hand to the bloody Warrant for severing the Sacred Head of our Blessed Sovereign from the Body and then some Circumstances of his Malice and of his Demeanour And after we have done with our Witnesses Viva voce if we have occasion to use Records of Parliament we shall shew them too for we have the Originals or authentick Copies But now we shall proceed to our Evidence Proclamation was made for Silence Sir Edward Turner My Lords The service of this Day doth call to my Memory the Story of good King Amaziah We read in Holy Writ that his Father King Joash was murthered and murthered by His own Subjects but we read further that when Amaziah had regained the Crown was settled in the Government He slew those that slew His Father He did go downe into Edom the Valley of Salt and there He did slay ten thousand The work of this Day doth very much resemble that Action Our Good and Gratious King His Father of blessed Memory and our Father His natural and our politick Father to whom our natural Allegiance was due was murthered and by His own Subjects But My Lords this was not a National Crime and our Good and Gratious Sovereign hath done us that Honour and Right to vindicate us in Forreign Nations and now He is come Home in Power and Glory He does continue in the same Mind that 's the Reason we are not now slain by thousands but that those Miscreants are gathered up here and there that did commit the Offence and would have involved the Nation in a common Infamy Gentlemen of the Jury Your time to enquire of this Matter is precious more pretious then my Words else I would repeat to you the History of the Tragedy at least that Summary that was entred in the Black Book or the Journals of that they then called a Parliament It shall suffice to tell you and that most truly that it was but an handful of men in respect of the whole Nation that did contrive and design this damnable and traiterous Plot to subvert the Laws and change the Government of this well-governed Nation In prosecution of which they did cast abroad and spread forth Jesuitical Maxims Damnable and Diabolical Principles to intoxicate the People and when their Heads were troubled they were easily lead into Arms where after some time they grew drunk with Successes and when they had drunk too much of the Loyal Blood of the People then they thirsted for the Royal Blood also I do confess we read in Stories that Kings have before this time been murthered some in our Nation as King Richard the Second and Edward the Third and in other Nations But the Actors of those Murthers were modest to these They did it in Private these in the Face of the Sun and the People but it was those People Gentlemen they had corrupted with Shares in their Robberies and Villanies They pretended it was in a way of Justice but you must know no Justice can be executed upon the Person of the King Touch not mine Anointed saith God himself My Lords I do read in the Roman Story that both amongst them and other Nations there was no Law against Parricide It was not thought that any man was
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
Terrours of that Presence of God that was with his Servants in those days However it seemeth good to him to suffer this Turn to come on us and are Witnesses that the things were not done in a Corner I have desired as in the sight of him that searcheth all hearts whilest this hath been done to wait and receive from him Convictions upon my own Conscience though I have sought it with Tears many a time and Prayers over and over to that God to whom you and all Nations are less than a Drop of water of the Bucket and to this moment I have received rather Assurance of it and that the things that have been done as astonishing on one hand I do believe e're it be long it will be made known from Heaven There was more from God than men are aware of I do profess that I would not offer of my self the least Injury to the poorest Man or Woman that goes upon the Earth That I have humbly to offer is this to your Lordships You know what a Contest hath been in these Nations for many years Divers of those that sit upon the Bench were formerly as Active Court Pray Mr. Harrison do not thus Reflect on the Court This is not to the Business Mr. Harrison I followed not my own Judgment I did what I did as out of Conscience to the Lord. For when I found those that were as the Apple of mine Eye to turn aside I did loath them and suffered Imprisonment many years Rather then to turn as many did that did put their Hands to this Plough I chose rather to be separated from Wife and Family than to have Compliance with them though it was said Sit at my Right Hand and such kind of Expressions Thus I have given a little poor Testimony that I have not been doing things in a Corner or from my self May be I might be a little mistaken but I did it all according to the best of my understanding desiring to make the Revealed Will of God in his Holy Scriptures as a guide to me I humbly conceive That what was done was done in the name of the Parliament of England that what was done was done by their Power and Authority and I do humbly conceive it is my Duty to offer unto you in the beginning that this Court or any Court below the High Court of Parliament hath no Jurisdiction of their Actions Here are many Learned in the Law and to shorten the Work I desire I may have the help of Councel Learned in the Laws that may in this matter give me a little assistance to offer those Grounds that the Law of the Land doth offer I say what was done was done by the Authority of the Parliament which was then the Supreme Authority and that those that have Acted under them are not to be questioned by any Power less than them And for that I conceive there is much out of the Laws to be shewed to you and many Presidents also in the Case Much is to be offered to you in that according to the Laws of the Nations that was a due Parliament Those Commissions were issued forth and what was done was done by their Power And whereas it hath been said we did Assume and Usurp an Authority I say this was done rather in the Fear of the Lord. Court Away with him Know where you are Sir You are in the Assembly of Christians Will you make God the Author of your Treasons and Murthers Take heed where you are Christians must not hear this We will allow you to say for your own Defence what you can And we have with a great deal of Patience suffered you to sally out wherein you have not gone about so much for Extenuation of your Crimes as to Justifie them to fall upon others and to Blaspheme God and commit a new Treason For your having of Councel This is the reason for allowing of Councel when a man would Plead any thing because he would Plead it in Formality Councel is allowed But you must first say in what the Matter shall be and then you shall have the Court's Answer Lord Finch Though my Lords here have been pleased to give you a great Latitude this must not be suffered that you should run into these damnable Excursions to make God the Author of this damnable Treason Committed Mr. Harrison I have two things to offer to you to say for my Defence in Matter of Law One is That this that hath been done was done by a Parliament of England by the Commons of England assembled in Parliament and that being so whatever was done by their Commands or their Authority is not questionable by your Lordships as being as I humbly conceive a Power Inferiour to that of an High Court of Parliament That 's one A second is this That what therefore any did in obedience to that Power and Authority they are not to be questioned for it otherwise we are in a most miserable Condition bound to obey them that are in Authority and yet to be punished if obeyed We are not to Judg what is lawful or what is unlawful My Lords Upon these two Points I do desire that those that are Learned in the Laws may speak too on my behalf It concerns all my Countreymen There are Cases alike to this you know in King Richard the Second's Time wherein some Question had been of what had been done by a Parliament and what followed upon it I need not urge in it I hope it will seem good to you that Councel may be assigned for it concerns all my Countreymen Councel You are mistaken if you appeal to your Countreymen They will cry you Out and shame you Mr. Harrison May be so my Lords some will but I am sure others will not Mr. Sollicitor Gen. These two Points my Lords are but one and they are a new Treason at the Bar for which he deserves to dy if there were no other Indictment It is the Malice of his heart to the Dignity and Crown of England I say this is not matter for which Councel can be assigned Councel cannot put into Form that which is not Matter Pleadable it self It is so far from being true that this was the Act of the Supreme Parliament of the People of England that there was nothing received with more Heart-bleeding than this Bloody Business But that the World may not be abused by the Insinuations of a man who acts as if he had a Spirit and in truth is possessed I will say That the Lords and Commons are not a Parliament That the King and Lords cannot do any thing without the Commons Nor the King and Commons without the Lords Nor the Lords and Commons without the King especially against the King If they do they must answer it with their Head for the King is not accountable to any Coercive Power And for the Prisoner to Justifie his Act as if it were the Act of the Commons of England
he is very much to be reproved Shall he pretend that one House nay the eighth part of a House for so it was can Condemn a King when both Houses cannot condemn one man in spight of the King I desire my Lords it may pass with a due Reproach and a Sentence upon it Lord Chief Baron It is true your Questions are but one Point You pretend the Parliament's Authority and when you come to speak of it you say the Commons of England They were but one House of Parliament The Parliament what is that It is the King the Lords the Commons I would fain know of you where ever you read by the light you say you have in your Conscience that the Commons of England were a Parliament of England that the Commons in Parliament used a Legislative power alone Do you call that a Parliament that sate when the House was Purged as they call it and was so much under the Awe of the Army who were then but forty or forty five at most Then you say It was done by Authority of them You must know where there is such an Authority which indeed is no Authority he that confirms such an Authority he Commits a double offence therefore consider what your Plea is If your Plea were doubtfull we should and ought and would our selves be of Councel for you That which you speak concerning Conviction of your own Conscience remember that it is said in Scripture that they shall think they did God good service when they slay you as it is in St. John He hath a great deal of Charity that thinks that what you did was out of a Conscientious Principle It was against the Light of noon-day and common practice You make your self a Sollicitor in the Business Let us blacken him as much as we can I have not touched at all upon the Evidence I will not urge it now I say you justifie it upon Convictions of Conscience and pretend it upon Authority A thing never known or seen under the Sun that the Commons nay a few Commons alone should take upon them and call themselves the Parliament of England We have been cheated enough by Names and Words there is no colour for what you say I do think and hope my Brethren will speak to this Case that none of us do own that Convention whatsoever it be to be the Parliament of England There was another aggravation at this Time that this Pretended Authority usurped that Power the Lords were then sitting You had not taken this usurped Power to dissolve these Lords No you did this Act in dispight of the Lords you had sent up an Ordinance to the Lords and they rejected it and thereupon these Members took it upon themselves Amongst those there were some Negatives and those Members were under the Awe and Power of your Forces at that time What you Plead the Court are of Opinion tends to the subversion of the Laws for you to usurp Power over the People without their Consents to call this the People We never knew the like before But the Parliament of England was the King Lords and Commons For you to speak of this Power and Justifie this Power is an Aggravation adding one Sin and Treason to another We shall tell you that neither both Houses of Parliament if they had been there not any single Person Community not the People either Collectively or Representatively had any colour to have any Coercive Power over their King And this Plea which you have spoken of it ought to be over-ruled and not to stand good Mr. Annesley I do the more willingly speak to this Business because I was one of those that should have made up that Parliament that this Prisoner pretends to I was one of that Corrupt Majority as they called it that were put out of the House He cannot forget that at that time there were Guards upon both Houses of Parliament to attend them that were of their own appointment and that those Guards were forcibly removed by the Prisoner at the Bar and his Fellows and other Guards put there who instead of being a Defence unto them when those Commons stood at the Door were by them threatned Yet the Lords and Commons of England in Parliament Assembled a full House of Commons did resolve notwithstanding what was aforesaid that the Treaty in the Isle of Wight was a Ground for Peace Afterwards the Major part of the House of Commons having resolved on this sent it up to the Lords that very day when they were Adjourned there were Forces drawn down to the House of Commons Door and none suffered to come into the House but those that they pleased All those that had a mind for Peace that minded their Duty and Trust and Allegiance to their King were seized on by this Gentleman and his Fellows When this was done what did he and those Fellows do They sate and put a check upon all that should come in None must come in but those that would renounce their Allegiance and Duty to their King and the People for whom they served and then declared against that Vote which had been passed upon Debate of twelve or fourteen hours and then to call this an House of Commons nay the Supreme Authority of the Nation he knows is against the Laws of the Land For the House of Commons alone cannot so much as give an Oath It hath not power of Judicature of Life and Death this he knows well to be according to the Laws of England He knows that no Authority less then an Act of Parliament can make a Law and he knows an Act of Parliament must be passed by the King Lords and Commons I wonder much to hear a Justification in this kind by one that knows the Laws of England so well There will none of the Court allow that that was a Parliament The Majority of that House did all disavow it These things have been already discoursed of I shall onely say that he knowing the Laws so well I hope he shall suffer for trangression thereof Mr. Hollis You do very well know that this that you did this horrid detestable Act which you Committed could never be perfected by you till you had broken the Parliament That House of Commons which you say gave you Authority you know what your self made of it when you pulled out the Speaker Therefore do not make the Parliament to be the Author of your black Crimes It was innocent of it You know your self what Esteem you had of it when you broke and tore it in sunder when you scattered and made them hide themselves to preserve them from your Fury and Violence Do not make the Parliament to be the Authour of your Crimes The Parliament are the three Estates It must not be admitted that one House part of the Parliament should be called the Supreme Authority You know what that Rump that you left did what Laws they made Did you go home to advise
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
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
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
of the Lord and did weigh the things After that when the Bill was brought into the house my name was put in there with several others so I came to be in and what I did was upon these two Accounts First in obedience as I told you to the Lord which was the chief thing And in obedience to that which was then the Supreme Authority of this Nation and therefore I shall mention these grounds very briefly because indeed the things that are controverted here at this time they have been controverted in the Face of the whole world in several Nations and the Lord hath given an answer upon solemn Appeals to these things I shall therefore mention them very briefly because they have been so publique The Declarations and Remonstrances that have passed between the King and Parliament concerning the beginning of the Wars L. Chief Baron Mr. Ca. I would be very loth to interrupt you But I see what course is taken and the peoples eyes are upon you You seek delays and against the course of Prisoners you say you will confess but you do confess the Fact after you have spent the time And all the Witnesses are heard for this that you speak of now you go about to justifie as in the fear of the Lord or any thing of that nature that we cannot allow of but we do allow you to speak and give the heads of what you will say as to the matter of Fact but to hear you make discourses and debates which are a justification of a horrid and notorious Treason we cannot hear it we ought not to hear the maintaining of open Treason cannot hear you to speak that upon your opening which is Treason We are willing that you open the Heads what you have to say we are upon our consciences and to appear before God for what we do and so are you too but remember the Devil sometimes appears in the habit of an Angel of light If you will couch your matter in a few words the Court affords you liberty which is indeed beyond the strict Rules of Law Ca. You say you sit here by the Laws of the Land and are sworn to maintain the Laws We ought not that we should plead to this Indictment for what we did was by an Act of Parliament Court Pray Sir this must not be let fall without reproof or rather punishment Ca. I believe there is no Precedent for it Court Sir We know the act of Parliament as well as you and most of the standers by You go upon a false ground there was no such Act of the Supreme Authority as you pretend to these are but Phantasms of your own brain and must not be suffered these things have been controverted and decided many a time again and again Ca. I desire to have time to speak how it was begun and carried on or else how shall I be able to make my defence or to tell you what are the Heads I wil insist upon I shall declare the grounds upon which the Parliament did proceed L. Chief Baron Mr. Carew If that be your ground the Parliament did it the House of Commons did it I have something to offer not to interrupt you to the then Commons Ca. In my humble opinion for the maintaining of this It was by Authority the supreme Authority by which it was done L. Chief Baron Did you sign this Warrant for the summoning and warning of that Court And did you sign the Warrant for executing the late King Ca. I desire I may go on with my defence L. Chief Baron We would not have you be mistaken You seem to confess the act and now you justifie it you cannot speak any thing for your justification till you confess the fact Ca. I shall speak to that in its time L. Chief Baron You must speak to that first that is matter of Fact whereupon the Jury are to go Ca. There is matter of Law Court You must speak to matter of Fact first Ca. I say this is that I was about to say That the Supreme Authority Court You must speak to the Fact first Whether you did compass c. the Kings death or not that is the first ground if you did not there is an end of the business It is proved against you that you did it if you come to justifie it it must be when you have first agreed the matter of Fact Ca. I desire I may have liberty to proceed either for matter of Fact or Law as I list Court No no you must first speak to the Fact you may be after heard You know in all cases they must begin with the Fact either denying or extenuating For matter of Law in this case must arise from the fact Ca. But I humbly conceive there is a matter of Law in this case and it is matter of Law that is above the jurisdiction of this inferior Court Mr. Sol. Finch I pray that he may be held to the issue Guilty or Not Guilty If he deny the Fact let us relie upon our Evidence and he upon his he cannot come to Law till he hath confessed the Fact The question is Whether you did or not there is the Fact if you have any thing to justifie that follows Ca. I was upon that and going on to shew the reasons and grounds of it Court First you must confess it if you will shew the reasons why you did it Ca. I told you there was some things I did Coun. What are those some Ca. I do acknowledg that I was there at the Court. Coun. Did you sign the Warrants for summoning that Court and for Execution of the King Ca. Yes I did sign them both Coun. Then say what you will L. Chief Baron Now go on Ca. In the Year 1640. there was a Parliament called according to the Laws and constitutions of this Nation and after that there was some difference between the King and the Parliament the two Houses of Parliament Lords and Commons and thereupon the King did withdraw from the two Houses of Parliament as appears by their own Declaration The great Remonstrance printed in 1642. and thereupon the Lords and Commons did declare L. Chief Baron Mr. Carew The Court are of opinion not to suffer you to go on in this they say it tends not only to justifie your Act but you cast in Bones here to make some difference You talk of the Lords and Commons you have nothing to do with that business your authority that you pretend to was an Act of Parliament as they called themselves and that where there was but 46 Commons in the House and but 26 Voted it Ca. I say that the Lords and Commons by their Declaration Mr. J. Foster Hold your hand a while Sir not so fast you go to raise up those differences which I hope are asleep new Troubles to revive those things which by the grace of God are extinct you are not to be suffered in this it is not the singling
writing The Warrant shewn him Mr. Nutley I do verily believe it is Coun. Have you been acquainted with the writing of his name Mr. N. I have seen him write his name and do verily believe it to be his hand Coun. Clerk read the Warrant He read it accordingly Coun. That which remains of our Evidence is to prove his boasting of this villany We shall desire you to hear Sir Theophilus Biddolph Sir Theo. Biddolph sworn Coun. Pray tell my Lords and the Jury what you have heard the Prisoner say touching this business of putting the King to death Sir Th. Bid. I did hear him confess that he did sit as one of the Judges of the late King and that he was so far from repenting of the Act that he did desire when he dyed That a Tomb-stone might be laid over him with this Inscription Here lyes Thomas Scot who adjudged to death the late King Coun. Where did he say this Sir T. B. In the Parliament House Coll. Copley Esq sworn Coun. Pray Mr. Copley tell my Lords what you know of this business Mr. Cop. My Lord I was one of the Secluded Members when we were called to sit in the House again the Prisoner at the Bar Mr. Thomas Scot I think it was the last day we sate there being some speaking of the horridness of the Fact he made a long Harangue about that horrid Act and he said He hoped he should never repent of it and desired that when he dyed it might be written upon his Tomb-stone Here lies Thomas Scot who adjudged to death the late King Coun. We have done with our Evidence Court Sir Theophilus Biddolph When was it you heard him speak those words Sir T. B. To my best remembrance it was in Richards Parliament it was about January or February was twelve months Coun. Were not you a Member for the City of London in that Parliament Sir T. B. Yes Coun. Mr. Copley When was it that heard it Mr. Cop. It was in April last Mr. Soll. Gen. It was a settled perswasion of his heart and he thought it fit to be gloried in The Lord Mayor Elect sworn Coun. Pray my Lord tell my Lords what you know concerning the Prisoner at the Bar. Lord M. Elect. My Lords I was one of those Secluded members that were returned again a little before the coming in of His Majesty Upon the last day of our sitting Mr. Scot seeing the House must break said Their heads must be laid to the Block if there were a new Parliament For said you looking on Mr. Scot I confess I had a hand in putting the King to death and I desire all the world may take notice of it and I desire when I dye it may be written on my Tomb I do not repent of any thing I have done if it were to do I could do it again Mr. Soll. Gen. Do it again He follows his blows home William Lenthall Esq sworn Coun. Mr. Lenthall pray be pleased to tell my Lords and the Jury what you do remember of any discourse of Mr. Tho. Scot the Prisoner at the Bar tending to the glorying in this Act or any thing in Justification of that Act. Mr. Lenth My Lords the last day it was the last instant of time We were resolving of breaking the House there was some opposition in it not very much The general consent of the House was to dissolve it I must confess at that time I did hear Mr. Scot much justifie that Act of the death of the King which truly I was much offended at I confess to you upon my Oath touching his Speech of the Inscription upon his Tomb I did not hear that Justifying the death of the King he made a long Harangue about and he â—â—e at the upper end of the Gallery but these words Of â—â—ving it written upon his Tomb and to have all the world take â—â—â—ice of it I do not remember Coun. My Lords my Lord Mayor Elect omitted something pray let him speak to it Lo. Ma. Elect. My Lords the Conclusion of his Speech ended thus Being it is your pleasure to have it so the House Dissolved I know not how to hinder it but when that is done I know not where to hide this hated HEAD of mine Coun. We desire to hear what the Prisoner will say for himself Scot. I have no certainty from the Witnesses that I was there but in a wandring way they know not where I sate nor my posture Mr. Baker sworn Coun. We do not call this Witness as material for we must insist upon it quite through that after 12. years time it is not possible a Witness should remember where every particular person sate Pray hear this Witness Mr. Baker I do perfectly remember That Mr. Scot sate two rows above Mr. Bradshaw on his left hand in that which they called the High Court of Justice Scot. As to the Warrant you speak of I know not what it signifies I desire to know what the nature of it is Coun. The Warrant hath been read it is not produced against him as a Record for then it needed not be proved but it is produced against him as an evidence in writing under his own hand that he was consenting to the death of the King Scot. They may very much mistake my hand You speak of words that I should utter in Parliament I do humbly insist upon it That I am not to answer nor they alledge any thing of that nature It is a high breach of Priviledge Coun. There is no priviledge of Parliament for treason First some of the words were spoken in Richards Parliament that you do not own to be a Parliam then another thing a known rule in Law there is no priviledge of Parliament for treason Scot. I have heard the Rule but do not so well understand it of that spoken in Richards Parliament it will be a nice thing for me to distinguish between that and another Parliament but this I think That Convention of the people onght to have the Priviledge of the Parliament as well as any other I humbly conceive it was testimony ought not to be given to you Whatever I say in Parliament the Priviledge extends to no more than this that I may be lawfully secured till the Parliament hath been acquainted with it but not finally concluded till the Parliament have heard it Lo. Ch. Bar. You are Indicted for Compassing and Imagining the death of the King I would have you understand That in case a man should commit an Act of Treason be it in what place soever there is no place of Sanctuary for Treason In case of Felony if a man be Indicted for Felony in the Parliament House during the time of Parliament this is not to be tryed in Parliament but according to the Rule of Common Law So in case of Treason the House of Commons in Parliament doth not try Treasons That distinction which you make is nothing Scot. I humbly conceive there is
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
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
Treason and my Lord had this been in times of peace and had His Majesty been no Prisoner now he was under the power of an Army this had been great Treason but he being a Prisoner not by my means for I was no sword-man what can a man that knows himself innocent being a Prisoner desire more than a speedy Tryal so that making the Tryal more speedy cannot be said to be done trayterously A Tryal doth follow imprisonment as naturally and necessarily as the shadow doth the body If any man shall desire and be instrumental in bringing him to a Tryal which might acquit rather than condemn him and so humbly pray proceedings according to Justice this will have I hope a better name than Treason I am much beholding to His Majesty and this honourable Parli for the penning of the Act of Indempnity which I hope my L. you will give me leave to take notice of Court Open as much as you will of it Cook My Lords the words that I would make use of are in the beginning Treason Murder and other Felonies that are spoken of they are said to be counselled commanded acted or done in the preamble which is as the Key to open the mind and meaning of the Law-makers it is said that all persons shall be pardoned for all excepting such as shall be named and in such manner as they shall be excepted and then it comes provided that this Act shall not extend to pardon such and such persons and by name I am one and it is said all which persons for their execrable Treason in Sentencing to death or signing the Instrument for the horrid murther or being instrumental in taking away the precious life of our late Soveraign Lord Charles the First of glorious memory are left to be proceeded against as Traytors to his late Majesty according to the Laws of England and are out of the said Act wholly excepted and foreprized There is not any thing offered against me upon the two 1st great words which are Sentencing and signing that which I have to do to endeavour to clear my self is this being instrumental in taking away the life of his said Majesty first I humbly offer this to the Juries consideration That where the Parliament doth begin to fix the treasonable part there I hope and no otherwise this honourabe Court will fix it if it had been the Intention that Counsellors advisers and such as spoke their minds sometimes in the business you know that was Epidemical many words were spoken which cannot be justified whether naturally it would not have followed that all such persons for their counselling advising or being instrumental are left to be proceeded against as Traytors I hope you will take that into consideration concerning the words or being instrumental observe it is not said or being any otherwaies instrumental but Sentencing signing or being instrumental if therefore the word Instrumental be not of a general comprehensive nature then all this evidence which hath been given in against me being before the Sentencing and signing will fall to the ground that this is the legal genuine and Grammatical sense cannot be any otherwise than as particular as if it were the Sentencer signer Executioner which if it had been so nothing of the Evidence would have reached me My argument is this such a use is to be made of an Act of Parliament that no word may be frustrate and insignificant but if this Interpretation shall be put upon it sentencing signing or being any way instrumental then the words Sentencing and Signing need not have been if Instrumental will carry the words Sentencing and signing then these words will carry no force atall especially my Lord when there is no need of any retrospect at all if it be so I know not how far it may look back there is no necessity of putting any comprehensive generality upon this word instrumental but that the plain natural sense will be this That those that did sentence and Sign and those that were instrumental in taking away his life that is those that did abet and comfort that person unknown or justifie or countenance him which is after the Sentencing and not before in the legal sense Next I conceive that a Councellor cannot be said to do any thing vi armis It is said that by force and Arms I did abet c. it is Rhetorical to say that words may be as Swords but legal it is not unless there be something vi armis in the Grammatical sense instrumental in taking away the Kings life it is not said instrumental in order to take away the K. life or instrumental in advising to take away the K. life but instrumental in taking away the K. life My Lord The next thing is that there cannot be any thing to be said to be done by me first not falso because in that sense it must have the operation of mendacity that there must be a lie told in it I did nothing but what I was required to do to set down such and such words I did not invent nor contrive them I heard nothing of it till the tenth day of Jan. My Lord for malitiose that I did not any thing maliciously I hope it will appear in this what I then spoke it was for my Fee it may be called avaritia but not malitia for the Law will imply a malice but when there is no other express ground or reason why the thing was done but here was an express ground to speak for my Fee I hope the Jury will take that into consideration Then Secondly I was not Judicial in the Case I was not Magisterial as any Officer but ministerial As touching examining of witnesses it is a great mistake the Court had power to give an Oath I might be there but I had no power to give an Oath but whether I might ask any question I do not remember but that I should give an Oath that is a falsity then my Lord for proditorie I hope there is nothing at all that appears to the Jury so that there was no malice nor trayterous intention in the thing There are some matters of Law which I desire your Lordships will give me leave to speak to and that your Lordships will be of Counsel with me I would offer something concerning his Majesties gracious Declaration from Breda to the Parliament I was then in Ireland I did put in a Petition to the honourable Commissioners before any exception was that I might have the benefit of that Declaration I did lay hold of it My Lords there are two things in that Declaration that I would offer His Majesty saith that for the restoring of the Kings Peers and people of the Kingdom to their just rights and liberties He will grant a free and general Pardon to all excepting such as shall be by Parliament excepted and within three or four lines after it is said a free Parliament though I do not in the
least question the Legality of this Parliament yet my Lords to this particular purpose whether the Parliament that was to except ought not to be a Parliament that was to be called accoring to his Majesties Writ according to the Laws of the Kingdom I humbly conceive it will bear that though His Majesty is pleased to confirm this yet it is not such a Parliament that was to except that I offer to your Lordships My Lords that that I would humbly make hold to put for my self because it is the priviledge of one in my condition is this There is my Lord many Lords the Earl of Essex the Earl of Southampton and others that were adjudged in the 44 of Eliz. 3. institutes they did trayterously and maliciously conspire to take her Majesty Prisoner and to remove her Counsellours from her which were found guilty and suffered accordingly the reason is That because thereby if it had been done they had despoiled her Maje of her Regal Government the case is instant in Philip who was a nominative King that it was not Treason to have attempted any thing against him My Lords his Majesty being a Prisoner without any hand of mine I giving advice according to what was dictated to me to bring him to that tryal whereby he might have been acquitted and so set at liberty I hope that will not be said as instrumental My Lords I humbly shall offer but two words 1. to honourable Court then to the Jury the words of 25 E. 3. and so the exposition of the learned Judges have been from time to time that there shll be no semblable Treasons made by presumptions or strains of wit but those Treasons specified there It is said if a Husband do kill his Wife or a Wife kill her Husband a Master should kill his Servant or the Servant should kill his Master that that shall be petty Treason a Child did kill his Father though that was looked upon as a great sin yet the Judges do not presume that to be Treason because it was not in the very words this being an extraordinary Case to write a thing after another doth not appear there was a malicious heart in him that did write There hath been the Act of Parlia that doth call these Courts Tyrannical and Unlawful Courts but my Lords a Tyrannical and Unlawful Court is a Court de facto though not de jure if a Court be not a just and lawful Court it cannot be said but that it is a Court we say a Thief is a true man though morally he is not so this was a Court Officers attending on them some said they had Authority therefore for one to come and act within his Sphere not to act out of that nor to do any thing but what he had a prescript form appointed him I hope that will not be found to be within the letter of the Law I have been told how true I cannot tell that there have been some votes in the honourable Parliament that those that did only counsel or advise those were not to be looked upon as Traytors I have been told so that those that did only speak as Councel for their Fee who were not the contrivers of it the Parliament did not intend they should be left to be proceeded against Court That Letter that was sent from the Commons to the King at Breda they speak first of the violation that was put upon the Parliament and of the base horrid Murther of his late Majesty It is said that the Parliament I conceive they meant of the remaining part they were not guilty but some few ambitious bloody guilty persons who contrived the same and others misled by them Cook The other matter of Law is this I say that I do hope that though that order which I was about to produce concering my acting that if it may not in a legal sense any way be said to be an Act of the Parliament and Commons yet it may be said to be such an order to bear out those that did Act according to it because there was then no other authory de facto otherwise it were not lawful for any man to exercise his profession during such a Power I hope Councellors might then exercise their profession aswel as others My Lord though I should suffer my self in this case I should be loth the honourable profession of the Law should I think I was in my Sphere acting as a Counsellor Now Gentlemen of the Jury that which I have to say to you is an evidence concerning matter of life it must be so clear that every one that hears it may understand it It is called an evidence because it is evident it is one reason why Prisoners for their lives are not allowed Counsel for matter of fact because the evidence is and ought to be so clear and plain that every one should be satisfied both Jury and standers by and it is a proper word to say the Prisoner is convicted that is as much as his mouth is stopped and therefore I say truly as I hope I may speak it to you without offence as Jeremy in another Case when some of the people would have had them put him to death as for me behold I am in your hand do with me as seemeth good and meet unto you 26. Jer. 14 15. ver saith he But know ye for certain that if ye put me to death ye shall surely bring innocent blood upon your selves I hope you will not willingly be Guilty of any such thing I must leave it to your consciences whether you believe that I had an hand in the K. Death when I did write but only that which others did dictate unto me and when I spoke only for my Fee and this I would be bold to say though the argument is not so directly confessed that humane Justice I do first say as this my principle and opinion is that as every man ought to pay his moral debts so all political debts there is a debt due to human Justice so political if the Lord should have suffered me to have been drunk and kill'd a man for which I ought to have died in stead of speaking for my self I would have rather intreated the Jury to have found me Guilty I think these things ought to be answered political debts when I was in Ireland and had opportunity of going away if I thought I had been Guilty I might have done it my name is put into his Majesties Proclamation It is true I was a prisoner three or four months before so that I could not render my self to what end should that Proclamation mention my name it was laid I obscured my self but I did not humane Justice doth never punish so much for expiation as for prevention The judgements of the learned Aquinas Grotius and Amesius and many others that if a man doth kill a man commit any thing worthy of death though he doth repent never so much yet that others may
instrumental in taking away the Kings life that is being any way instrumental Truly whether it be not instrumental to exhibit a Charge against him or complain of his delayes to ask Justice against him in the name of the people to do all this and desire that the Charge might be taken pro Confesso if this be not instrumental I know-nothing else Sentencing and signing Some signed the Sentence some the instrument for death the next degree of being Instrumental the highest degree of that is to accuse him to deliver in the Charge against him in the name of the people do it again and again be angry at the delayes The next thing is this that you did not do this falso or malitiose but for your Fee and that though there might be avaritia there was not malitia in it it was done by your Profession you were not Magisterial in it you thought the consequences that did follow would not follow If a man does but intend to beat a man and he dye upon it you know in Law it is all one You must understand there is a malice in the Law If a man beat one in the Streets and kill him though not maliciously in him but it is so in Law That you desire to have the benefit of the Kings Declaration that you did put in your petition proving the same that you were a prisoner before that the Commons in behalf of themselves and the people of England they craved the benefit of it which was granted excepting such as should be by Parliament exceptd and that the King should mention a Free Parliament for this it hath been fully answered to you and clearly by Mr. Sollicitor that you are not at all concerned in the Kings Declaration at Breda For first it is nothing in Law it binds in honour and we have given the same directions yesterday upon the like occasion that is that the Kings Declaration binds him in honour and in Conscience but it does not bind him in point of Law unless there were a pardon granted by the Broad Seal the thing is cleared to you what Parliament the King meant by it they were sitting at that time had acknowledged their dutie and allegiance to their King they went ad ultimum potentiae for a free and absolute Parliament whilst the King was absent though the King was away yet notwithstanding the King Declared whom he meant he directed one of those Declarations to our Speaker of the house of Commons and another to the Speaker of our Peers in this case it was loquendum ut vulgus it was owned by him as having the name of a Parliament it was done with great wisdom and prudence and so as it could be no otherwise they that were loyal subjects acting in the Kings absence he consenting to it the King owning that Authority so he was obliged in honour no further than his own meaning and words but there is another Clause in the act excludes all these persons The next thing is this you say the Statute of 25 Edward 3. and it is very true you say if it be any semblable Treason we were not to judge upon that unless they were the Treasons in the Act and it is most true now you would urge but this that this is but a semblable Treason but you are indicted for the compassing and imagining the Death of the King if these Acts did not tend to the compassing and imagining the Kings death I know not what does I am satisfied you are convicted in your conscience The next thing for you have said as much as any man can in such a Cause it is pity you have not a better you say though it was a Tyrannical Court as it is called but such a Court it was and there were Officers you say it had figuram judicii that aggravates the fact to you to your profession There is a difference between a standing Court and that which is but named to be a Court this was but one of a day or two's growth before and you know by whom by some that pretended to be only the Commons your knowledge can tell you that there was never an Act made by the Commons assembled in Parliament alone and you may find it in my Lord Cook that an Act by the Lords and Commons alone was naught as appeared by the Records Sir James Ormond was attainted of Treason the Act was a private Act by the King and Commons alone the Lords were forgot when the Judges came to try it it was void and another in Henry the 6. time you know this was no Court at all you know by a printed Authority that where a settled Court a true Court if that Court meddle with that which is not in their cognizance it is purely void the Minister that obeys them is punishable if it be Treasonable matter it is Treason if murder it is murder so in the Case of Martialsea and in the Common Pleas if a man shall begin an Appeal of death which is of a criminal nature and ought to be in the Kings Bench if they proceed in it it is void if this Court should condemn the party convicted he be executed it is murder in the Executioner the Court had no power over such things you speak of a Court. First it was not a Court Secondly no Court whatsoever could have any power over a King in a coercive way as to his person The last thing that you have said for your self is this that admitting there was nothing to be construed of an Act or an Order yet there was a difference it was an Act de facto that you urged rightly upon the Statute of 11 Hen. 7. which was denied to some God forbid it should be denied you if a man serve the King in the War he shall not be punished let the fact be what it will King Henry the 7. took care for him that was King de facto that his Subjects might be encouraged to follow him to preserve them whatever the event of the King was Mr. Cook you say to have the equity of that Act that here was an authority de facto these persons had gotten the supream power and therefore what you did under them you do desire the equity of that Act for that clearly the intent and meaning of that Act is against you it was to preserve the King de facto how much more to preserve the King de jure he was owned by these men and you as King you charged him as King and he was sentenced as King That that King Henry the 7. did was to take care of the King de facto against the King de jure it was for a King and Kingly Government it was not for an Antimonarchical Government you proceeded against your own King and as your King called him in your charge Charles Stewart King of England I think there is no colour you should have any benefit of the Letter or of the
equitie of the Act. They had not all the Authority at that time they were a few of the people that did it they had some part of the Army with them the Lords were not dissolved then when they had adjourned some time they did sit afterwards so that all the particulars you alledge are against you The last thing was this you say that it having pleased God to restore the King Judgement should be given for example for terrour to others that this could not be drawn into example again why because by the blessing of God peace was restored no probability that if your life was spared that it would be drawn again into example this is the weakest thing you have urged you must know the reason there are two things there is the punishment and example punishment goes to the prisoner but example to the documents of all others God knows what such things may be in after ages if there should be impunity for them it would rather make men impudent and confident afterwards if you have any more to say I will hear you if not I must conclude to the Jury You hear the evidence is clear for compassing and imagining the Death of the King you have heard what he has said and what he hath done he has within and examined Witnesses against the King that he was by at the drawing of the charge where it was drawn you hear he exhibited this charge in the name of the Commons assembled in Parliament and the good people of England and what this charge is it is high Treason and other high misdemeanors you find that he does complain of delays dosagain and again speak of this Charge desire it may be taken pro confesso in the close of all it was not so much he as innocent blood that demanded Justice this was more than was dictated to him You have heard the Witnesses he was perswaded to forbear acknowledged the King to be a gracious and wise King The Oaths alledged against him and you have heard his excuse I have nothing to say more I shall be very willing to hear you further I have not absolutely directed the Jury Cook I do humbly acknowledge your patience in hearing me and that your Lordships have truly and justly stated both proofs and my answer If your Lordships are pleased to lay aside these Acts or Orders or Authority whereby I did at that time truly conscientiously act and did think that it would bear me out if you lay aside that and look upon it as so many men got together without authority and aswell those that were instrumental though not sentencers or signers and that clause in the Act I confess I humbly make bold to say I have not received satisfaction in my judgment those very words of not so much I as the innocent blood cries for justice were dictated to me there was nothing at all left to me because his Majesty did not plead there was no Tryal that which I did was according to the best though it may be according to the weakest part of my judgment I have no new matter L. Ch. Bar. You have said no new matter unless it be worse than before for now you warrant that Authority Cook Do not mistake me my Lord I mean so far as to excuse me in the point of High Treason L. C. B. We delivered our opinions as to that formerly we were of opinion that the acting by colour of that pretended authority was so far from any extenuation that it was an aggravation of the thing the meeting by that authoty was Treason and in them that acted under them and approving of it the making of that trayterous pretended Act making the Proclamation sitting upon it they were all so many Treasons That was the reason why that was urged against you assuming upon you the power that was you approving of their power by acting under them so that there is nothing more to be said Gentlemen of the Jury you have heard the indictment was for compassing and imagining the death of the King you have heard the several Overt acts repeated and whether these are guilty of Treason to deliver in a charge against the K. such a one as that was in these words as against a Traytor Tyrant Murderer and implacable enemy to the Commonwealth in these very words to desire Judgement against the Prisoner then the King at the Bar angry at delayes to desire that the Charge might be taken pro confesso to have it expresly again again to demand Judgement if these be not Overt acts of compassing and imagining the Death of the King that which hath been said by the Witnesses it must be left to you I think you need not go from the Bar. Jury went together Silence is commanded Clerk Are you agreed of your Verdict Jury Yes Clerk Who shall speak for you Jury The Fore-man Clerk John Cook hold up thy hand look upon the Prisoner at the Bar how say you is he guilty of the Treason in manner form as he stands indicted or not guilty Fore-man Guilty Clerk Look to him Keeper Clerk What Goods and Chattells Jury None that we know of The Tryal of Hugh Peters the same 13. of October and at the same Bar. Clerk of the Crown SET Hugh Peters to the Bar he was brought accordingly H. P. Hold up thy hand thou standest indicted c. If you will challenge any of the Jury you must challenge them when they come to the book before they are sworn L. Ch. Bar. Mr. Peters You may challenge to the number of 35 peremptiorily but beyond that you cannot without good cause shewn and you may have Pen Ink and Paper Peters My Lord I shall challenge none Jury sworn 12. Sir Jer. Whitch James Hally Christo Abdy Nich. Rainton Rich. Cheyney Jo. Smith Rich. Abell George Terry Charl. Pickern Jo. Nichol. Fran. Dorrington Anthony Hall Cler. Hugh Peters hold up thy hand Look on the Prisoner you that are sworn c. Sir Ed. Turner to the Jury You have often heard repeated to you that the substantial part of the charge is the compassing and imagining the death of the King and all the rest will be but evidence to prove that imagination against the Prisoner at the Bar whom we will prove to be a principal actor in this sad Tragedy and next to him whom God hath taken away and reserved to his own Judgment and we shall endeavour to prove That he was a chief Conspirator with Cromwell at serveral times and in several places and that it was designed by them We shall prove that he was the principal person to procure the Souldiery to cry out Justice Justice or assist or desire those for the taking away the life of the King He did make use of his profession wherein he should have been the Minister of peace to make himself a Trumpeter of war of Treason and Sedition in the Kingdom He preached many Sermons to the Souldiery in direct
terms for taking away the King comparing the K. to Barabbas He was instrumental when the Proclamation for the High Court of Justice as they called it was proclaimed directing where it should be proclaimed and in what place When the King was brought upon the stage that mock-work he was the person that stirred up the Souldiery below to cry for Justice we shall shew you as he preached at several times upon several occasions still he was in the Pulpit to promote this business the next day after he was brought to tryal he commends it you shall hear all out of the mouth of the Prisoner therefore I say no more call the witnesses Dr. William Young sworn Council Tell my Lords and Jury what the Prisoner at the Bar has declared to you concerning the contrivance of bringing the King to Tryal Dr. Young My L. and Gentlemen of the Jury It was near about and that the Prisoner may remember the moneth of July 1648. since we came first acquainted when he went over to Ireland it was about the Siege of Pembroke Castle but afterwards in the year 1649. we renewed our acquaintance he went over into Ireland with that Usurper the late Protector as he was called after the Town of Wexford was taken coming over he fell sick of the flux and said he received it by infection praying over Captain Horton Coming into Milford that Captain sends a summons to me to come on board that was to fetch this prisoner at the Bar who was sick I found him there groveling upon the deck and sick he was indeed with much difficulty we got him on shore within a very few dayes to the best of my remembrance five days I perfected his cure We became very familiar I observed in him that he had some secret thoughts that I could not well discover neither well understand whereupon I thought it might tend to my security that I should so much sympathize with him to get within him to know his intentions After some weeks for he continued with me ten weeks or near thereabouts some few days rather over than under we grew so familiar that at last I found he began to inlarge his heart to me Many times I should hear him rail most insufferably against the Blood Royal not only against our Martyred King but against his Royal off-spring still as we continued our acquaintance he became more and more open to me so we would sit up discoursing till about twelve or one of the clock at night very often about these unhappy wars late in England At last my Lord I found him that he began to tell me how he came into England and upon what account he came out of New England I shall desire that in regard his discourses were various that I may deliver them orderly they were delivered to me within the compass of ten weeks but the days and weeks I cannot remember First he told me discoursing of New England and the Clergy there and much of the Clergy here in England and of the business here of reformation he told me that for the driving on of this interest of this Reformation he was imployed out of New England for the stirring up of this war and driving of it on this I shall my Lord speak to in the first place and that upon the oath I have taken and secondly he was pleased at another time to acquaint me and that by way of complement complaining then against the Parliament saying that sometime after he was come into Engl. he was sent over into Ireland by the Parliament to receive further instructions to drive on the design to extirpate Monarchy saith he I did dispend a great deal of my own money yet never had that satisfaction from them which they promised me that was they promised me 2 or 3000 l. for my journey and yet they have given me no more but only a small pittance of land out of my Lord of Worcesters estate in Worcester-shire I have seen his letters directed to his kinsman here in London as I take it his name was Parker advising him for the settling of this land and selling it Thirdly my Lord I have observed that by way of vilification of the Monarchical Government I have found him jocundarily scoffing at it and would ordinarily quibble in this manner saying this Common-wealth will never be at peace till 150. be put down I asked him what this 150. was he told me three L's and afterwards interpreted the meaning to be the Lords the Levites and the Lawyers with that said I we shall be like Switzers Tinkers and Traytors Now my Lord we are come to the last particular we discoursing thus frequently and withal he was then a Colonel and had a Commission under that Usurper Oliver and brought over his Commission for raising of Souldiers to foment that War in Ireland that it was so I appeal to the dictates of his own Conscience and whether he did not press me very importunately to accept of a Commission of Major or a Captain he did issue forth two Commissions under his own hand one of them to bring over from Devon-shire two foot Companies unto Cork My Lord because we were militarily affected amongst the discourses of our unhappy wars I know not how it came from him it being near eleven years since and I have had many sufferings incumbent on me so that I may fail in some particulars but in general thus it was we were discoursing concerning our Martyr'd King as then we call'd him and of his Imprisonment in Holmeby-House which I wondered at thus we discourst he told me the story how they had used him at Holmeby and at last came up to this when he was taken away from Holmeby House the Parliament had then a design to have secured O. Cromwel and my self being then in London saith he we having intelligence of it escaped out of London and rode hard for it and as we rode to Ware we made a halt and advised how we should settle this Kingdome in peace and dispose of the King the result was this They should bring him to justice Try him for his life and cut off his Head whether this was the expression of Cromwel I cannot tell but to the utmost of my remembrance and I am mistaken if it was not the advice of Mr. Peters to Cromwel and I believe it because his former relations of his instructions out of Ireland did tend to that effect Mr. Soll. Gen. I will ask you this question we will not press you particularly upon your memory whether Cromwel or Peters said the words do you remember he confessed to you they were agreed upon that matter Young They did consult and agree upon it Peters My Lord I desire to speak a Word his voice being so low he was brought to the second Bar. I am the bolder to speak to your Lordships at this time a word and it is high time to satisfie my conscience if these things were true
likewise would favour me sometimes with discourse and in that discourse I did many times take occasion to assert the laws in point of the King And discoursing about the King as being a capital instrument in the late Inconveniences as they call'd it in the times of the war Mr. Ireton would discourse this ordinarily I was bold to tell them that the person of the K. was solutus legibus this Gentleman the Prisoner at the Bar told me It was an unequal law I did observe Mr. Peters that he did bend his discourse not by way of argument only but in point of resolution of judgement fully against the Person and Government of the King I remember some of his expressions were these That he was a Tyrant that he was a Fool that he was not fit to be a K. or bear that office I have heard him say that for the Office it self in those very words which shortly after came into Print that it was a dangerous chargeable and useless Office My Lords the constant discourse of this Gentleman at that time was such as he did believe would never be called into question so that it was not a thing that a man was necessitated to observe by an accident but it was their full and whole discourse I will put you in mind of a particular passage When the news came to Windsor that the King was in Prison at the Isle of Wight my father whose house that was was very much troubled at it and being an ancient man was not able to controll his passions with reason told my mother that they meaning Mr. Ireton c. should have no entertainment there and took the key of the Celler and put it in his pocket his passions being lessened Mr. Ireton his wife and another Officer being at supper and afterwards my father said Grace and as he usually did though they were there he said that usual and honest expression praying for the King in these usual words God save the King Prince and Realm sometimes they did laugh at it but never did reflect upon him but this night he made this expression God save the Kings most excellent Majesty and preserve him out of the hands of all his enemies Peters who was then at the Table turns about to him and said Old Gentleman your Idol will not stand long I do conceive he meant it of the King For a matter of two months of the constant residence and being of the Army there I did observe that in the general Council there and in this private Cabal after the business was broke out and when the King was taken prisoner and carried to Windsor Mr. Peters was the constant man and when the business broke out I looke upon it in reason that Cromwel Ireton and this Gentleman at the Bar and Rich and that other Gentleman whose name I have forgot that they were the persons that did the business My Lords Mr. Peters he continued at Windsor I remember very well that after the body of the Army the General and the Officers of the Army were gone to London he continued in Windsor I remember a passage of one Bacon who was a Sectary Mr. Peters being in discourse of the King Mr. Bacon took great distaste at Mr. Peters for some affront put on the K. Mr. Peters falls upon him and rails at him and was ready to beat him we understood it so because he did tell him of his affronting the King Coun. Mr. Peters if you have any thing to ask this Witness you may Peters I have many things to ask him Did I ever lye there Starky No. Pet. Did you see me there at three of the clock in the morning Starky I have seen you go up at ten a clock at night to Mr. Ireton's chamber and sometimes I understood you did not go away till four a clock in the morning I went to bed it 's true but I understood it so Thomas Walkeley sworn Coun. Give your testimony what consultations you have had with the Prisoner at the Bar. Walkeley I came out of Essex in at Aldgate just as I came in a Proclamation was read for Tryal of his late Majesty I went down the next day to the Painted Chamber at Westminster where I saw Oliver Cromwel John Goodwin and Peters and others John Goodwin sate in the middle of the Table and he made a long speech or prayer I know not whether but Mr. Peters stood there after John Goodwin had done his prayer it was desired that strangers might avoid the room then came up Cook and Dorislaus and Humphreys and Ask and Dendy and several others and stood by Bradshaw at the upper end of the Table But Cromwel stood up and told them it was not necessary that the people should go out but that was overruled and so I went out and stayed their rising and saw this Gentleman Mr. Peters come out with them After that when the King was brought to Town a prisoner the Lord Carew a very honourable person meeting with me saith he Walkely if you will see your old Master go now or else it may be you will never see him Where is he my Lord said I saith he he is coming on this side Brainford I went to the farther end of St. James Corner and there I met some of the Army coming and then I saw his Majesty in his Coach with six horses and Peters like Bishop Almoner riding before the King triumphing then after that in St. James Park I saw Peters marshalling the Souldiers and I was forced to go about My Lord this is all I can say concerning that I remember one thing further of him I heard him in Westminster-Hall say within a year or two after the Army was raised If we can keep up our Army but seven years longer we need not care for the King and all his posterity Mr. Proctor sworn Pr. I having occasion to go from London to Windsor the day that the King was brought from thence a prisoner a little on this side Brainford I saw great Troops of horse I did conceive what the cause was having heard the King was to be brought up to his Tryal after I had passed some number of horses at last I espied the Prisoner at the Bar immediately before the Kings Coach singly riding before the Coach-horses and the King sitting alone in the Coach My Lord I did put off my hat and he was graciously pleased to put off his hat the Troopers seeing this they threw me into the ditch horse and all where I stayed till they passed by and was glad I escaped so Hardwick Sworn Coun. When the Proclamation was read in Westminster-hall for tryal of the King did you see Mr. Peters there Hard. I was in the Hall when that ugly Proclamation was Proclaimed where I saw Dendy King and that Gentleman the Prisoner at the Bar in the hall After the Proclamation was proclaimed the prisoner at the Bar came out into the Palace-yard and told them
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
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
Maurice nor any of that rabble excepted out of it And further he said This is the day that I and many Saints of God besides have been praying for these many years Peters Ask him whether he took notes Chase No Sir but it being so memorable a Sermon I took special notice of it I came to my Brothers house at Shoolane and told him said I Brother I have been at White-Hall and have heard the most execrable business that ever was heard in the world by a Minister of the Gospel and I told him the words I observed that Oliver Cromwell did laugh at that time when you were Preaching Tho. Tongue sworn Coun. What do you know of the Prisoners preaching Tongue Upon Jan. 21. 1648. I was at Whitehall where this Gentleman preached and he preached upon this Text 149. Psalm v. 8. To bind their Kings in chains and their Nobles in links of iron in which Text this Peters did much applaud the Souldiers there he said he hoped to see such another day following as the day before and that blessed be God saies this Parson Peters the House the lower House is purged and the House of Lords themselves they will down suddenly this is all that I well remember at that time Upon the 28. of January 1648. next day after sentence of the King I heard Peters preach upon this Text in S. James's Chapel 149. Psalm 6 7 8. 9 verses Let the high praises of God be in their mouth and a two edged sword in their hands to execute vengeance upon the heathen and punishment upon the people To bind their Kings with chains and their Nobles with fetters of Iron To execute upon them the judgement written this honour have all his Saints praise ye the Lord And there he did so saint the Redcoats and so reprobate the poor Kings friends And in the middle of his Sermon he took occasion to produce a Text 14. Esay 18 19 20. All the Kings of the Nations even all of them lie in glory every one in his own house But thou art cast out of thy grave like an abominable branch and as the raiment of those that are slain thrust through with a sword that go down to the stones of the pit as a carkass trodden under feet Thou shalt not be joyned with them in burial because thou hast destroyed thy land and slain thy people the seed of evil doers shall never be renowned saies he This I did intend to insist and preach upon before the poor wretch and the poor wretch would not hear me Coun. Who did he mean Tongue His Majesty who was the day before condemned saith he look in your lesser Bibles and you shall find the title is The Tyrants fall Coun. That that was spoken of the King of Babylon the ignominy that was cast upon him he applies it to the King of England Peters Ask him where it was Tongue It was in S. James's Chapel Sunday the 28. of Jan. 1648. in the forenoon Reynold Bowdler Sworn Bowdler That which I have now to say is this I did hear him a few daies before the King was murthered preach in S. Sepulchers Church there he compares the King that was then to dye to Barabbas a murderer and in this manner saith he There is a great company amongst us like the Jews they cry out Let Christ be crucified and let Barabbas be released still comparing the King to Barabbas the murtherer these were his words with many more to the same purpose William Ryder Sworn Coun. Speak what you know concerning the Prisoner Ryder I was at the same time at Church in S. Sepulchers Coun. How long was that before the King dyed Ryder It was very near the Kings death Coun. Was it after the High Court of Justice sate as they called it Ryder About that time it was My Lord assoon as ever he had read the words of his Text which was He shall call his name Emanuel he presently shook hands with his Text and fell as he was wont to news and there he said the great inquiry now is to know what should become of the King let that alone saith he and presently he falls to it again and was pleased to stile the King Barabbas saith he there is a great many of the people had rather Christ should be crucified than Barabbas and here he was applauding the Souldiers and said that Emanuel was written upon the bridles of their horses and he was speaking of the Kings Souldiers saith he I have known eighty thousand of them and not one of them a gracious person Coun. Now we expect the Answer of the Prisoner at the Bar the Indictment hath been fully proved Peters I desire that witness may be admitted which I spoke of his name is Cornelius Glover Coun. We have omitted one evidence we desire Master Walker may be called Mr. Walker Sworn Walker On Sunday after the King was first brought to his tryal out of curiosity I went to hear Mr. Peters at Whitehall after he had made a long prayer saith he I have prayed and preached these twenty years and now I may say with old Symeon Lord now lettest thou thy servant depart in peace for mine eyes have seen thy salvation Afterwards he speaks of the Text of binding their Kings in chains c. then much reviled the King but soft there saith he I must not talk so here I am in the Kings Chapel there is a very remarkable passage in Amos Amos went to preach and Amazia would not let him but Amos would preach the poor wretch would not hear me but yet I will preach Afterwards he speaks of the Major of Exeter that committed the Bishops servant for being drunk saith the Major here is an Act of Parliament for it and I do not see that the Bishop nor his man are either of them excepted out of the Act and saith he in Scripture it is said Whosoever sheddeth mans blood by man shall his blood be shed and I do not find that either King Charles Prince Charles Prince Rupert Prince Maurice or any of that rabble are excepted Coun. Now Mr. Peters you may call your witness Cornelius Glover not sworn Lord Chief Baron Where do you dwell Glover In Pauls Church-yard Lo. Ch. Bar. What is your quality of life Peters A servant of the Kings Lo. Ch. Bar. I do not ask you Mr. Peters Glover I belong to the Post-house Peters Pray hear him speak L. Ch. Bar. What would you have him asked Peters Whether I was out of my Chamber that day the King suffered Lo. Ch. Bar. What say you to that Glover I was come to Mr. Peters a little before that time to live with him as his servant it fell out that day he was ill in his chamber all the morning the Souldiers in S. James's-house were all gone away I had a desire to go see the meeting where they were at Whitehall saith he thou seemest to have a great desire to go and look about thee
it is very sad but if you will go you may I did go over the Park Coun. What time Glover About noon Coun. What hour Glover I do not know I did not stay there the soldiers and the people fill'd the place and I went back again to the chamber I came back again within a matter of an hours time Coun. Was the King dead before you came back again Glover They said he was not when I went home he asked me what was doing I told him there was a great croud I could not come near I staid there an hour and then went out again and still there was a croud and I came back again and M. Peters was in his chamber then Coun. Was he in bed or up Glover I do not remember Coun. How old were you then Glover I am not above 32. or 33. Coun. Was Mr. Peters sick Gl. Yes He was melancholy sick as he used to be L. Ch. Bar. How long have you been at the Post-office Gl. About five years L. Ch. Bar. M. Peters have you any more to ask him Peters I brought him to testifie that I was not out of my Chamber that day and that I was sick L. Ch. Bar. Did you desire to go or did he send you Gl. I did desire to go being newly come to London Lord Ch. Baron This Gentleman though not upon oath is examined and it is only to one particular nothing at all to the main proofs Peters I bring him only to vindicate my self from that aspersion of my being upon the Scaffold L. Ch. Bar. They do not lay the weight of their evidence upon that The Kings Councel have done with their evidence if you have any thing to say you have your liberty Peters May it please your Lordships I will give you an account of the business I lived fourteen years out of England when I came over I found the wars begun I began no war my Lord nor have been the Trumpeter when I came out of the West Indies I fled from the War into Ireland to the Western part there and it was after the Rebellion when some of the Irish had been stirring there I went and spent my time there I was neither at Edge-hill nor Naseby but my Lord after I came over there was War that the people were engaged in I was not here in the beginning of it but was a stranger to the carriage of it When I came into the Nations I looked after three things one was that there might be sound Religion The second was that learning and Laws might be maintained The third that the poor might be cared for and I must confess I have spent most of my time in these things to this end and purpose there was a noise in all parts of some miscarriages in matters of Religion after it was setled I lived in Ireland I must profess for my own part solemnly that my carriage hath been upon these heads For Religion I have through Gods mercies spoke the truths of the Protestant Church upon this account I did stay to see what God might do I was sent over to his Majesty that we might have a little help in point of Excise and Customes and encouragement in learning My Lord this is true that I being here in the Nation and being sent over upon the occasions of the Countrey and not upon any design but this I say I cannot deny it that after I came over and had seen the state of England in some measure I did stir but by strong importunities the Ministers of London deeper than I I am very sorry to hear of my carriage towards the King it is my great trouble I beg pardon for my own folly and weakness I thought God had a great controversie with the Nation and the Lord was displeased on all hands that which some people took to I did take unto I went into the Army I saw at the beginning of it that corruptions grew among them I suppose none can say I have gone aside from any Orthodox truth of the Lord And now to take off the scandal upon me and to the business let me beg of your Lordships to consider whatever prejudices or revenge may take up mens hearts there is a God that knows all God hath a regard to the people of England I look upon this Nation as the Cabinet of the world That that doth concern the business is this my Lord that after this time hither I came and did bear witness to all the world that there was amongst us something that was for better and some thing worse for the Nation I took advice of some great persons concerning the weightiness of it I had neither malice nor mischief in my heart against the King upon this I did engage so far as being invited I went into the Wars and there I found very strange and several kinds of providences as this day hath been seen I do not deny but that was active but not to stir in a way that was not honourable I challenge a great part of the Nations to manifest my carriage among them I shall make it good divers ways I had so much respect to his Majesty particularly at Windsor that I propounded to his Majesty my thoughts three ways to preserve himself from danger which were good as he was pleased to think though they did not succeed and the work died as for malice I had none in me It is true there was a difference amongst us an Army and an Army I never had a groat or penny from O. Cromwel since I knew this place I profess I have had no ends for honour or gain since I set foot upon this shore I challenge any man that belonged to that party whether they had not the same respect from me as my own party I have not persecuted any with malice I will only take off malice L. C. B. Your business is matter of fact Peters I am unskilful in Law this that I offer is to shew that I had no malice in me I was so far from malice that I have a Certificate if worth the reading from one of the Eminentest persons in the Nation to shew I had no malice It is concerning the Marques of Worcester under his Ladies hand beginning with these words I do here testifie that in all the sufferings of my husband Mr. Peters was my great friend c. I have here a seal and then produced it that the Earl of Norwich gave me to keep for his sake for saving his life which I will keep as long as I live L. C. Bar. I am not willing at all to interrupt you or hinder you that which you speak of doing good services is not at all to the point we do not question you for what good you have done but for the evil you have done I hope there is no malice in your heart nor upon the Court nor Jury we and they are upon our Oaths you hear the matter alledged against you pray
not at all say I was there in command but he saith a Lady by report the Lady Fairfax spake some words and that I should bid the Souldiers silence her truly I desire to know the certainty of the place where I stood Sir P. T. My Lords and Gentlemen of the Jury I saw this person standing within a Pike or two's length as I can guess it I remember the place within a yard of the ground in Westminster-Hall I do not say this person sate in the Court as a principal Officer that did then hold his Majesty Prisoner at the Bar I did not say it was a Lady unknown or reported to be such a one but I said it was the Lady Fairfax and my own Sister Mrs. Nelson and he cried Shoot the Whores Axtell He seems now to say I commanded the Guards I never was a Guard to his Majesty or had any thing to do in that business but it was wholly committed to a company of men I know not of That Gentleman that spoke I have no acquaintance with him I think he did not know me at that time L. ch Bar. Have you any thing to ask him Sir P. T. My Lord another passage he puts into my memory when I did observe a thousand of sad faces I saw none laughing but your self as if you had been carousing and entertaining the Souldiers I do not charge you that you commanded those Halbertiers but those Red-coats you were all in Red I saw you cane those 4 or 5 Souldiers I mentioned till they cried Justice Justice with you and that with the powder in the plams of their hands they forced the King to rise out of his Chair which you were much pleased with and laughed at Axtell I say before the Lord before whom I must be judged again for this I do deny this whole Obedience Griffith Bodurdoe Esq sworn Gr. Bod. My Lords and you Gentlemen of the Jury I was at the time of this sad Tryal in Westminster-Hall Axtell Your Name Sir I beseech you Counsel His Name is Mr. Bodurdoe Gr. Bo. I say I was all the time of the King's Tryal in Westminster-Hall I was in a Gallery that I had out of my house where I then lived just under and besides the House of Commons and I do remember I saw this Gentleman there I do think he was then called Lieutenant Colonel Axtell so far as I remember truly I have not seen him since before this day nor have had any reason to have known him but that I saw him very active in giving commands to the Souldiers there this Gentleman was keeping the Court letting some in and putting others out he seemed to have command of it One day whether it was about some passage or their Presidents Speech I know not there was a Lady in the same Gallery where I stood and some muttering It is a lye not half the people or words to this effect He the now Prisoner at the Bar standing below in the Court within the Bar not far from Dendy with some five or six Souldiers upon this muttering and disturbance as he apprehended to the Court he called to the Souldiers saying Shoot them if they speak one word more they did also present the muzles of their Muskets up to the Gallery My Lord by this we were very hush after that immediately within half a quarter of an hour Dendy came to the Gallery from the Court to know who it was that made that disturbance But the Lady was withdrawn into my Chamber and did not come out afterwards Axtell Where was this Sir L. ch Bar. What is it you desire Axtell My Lord where he saw me then L. ch Bar. Mr. Bodurdoe you hear the question Mr. Bod. There was a Gallery which I do believe is yet standing and the Court was just underneath the Galleâ—â— and you were just underneath the Gallery and five or six Souldiers with you Richard Young sworn Councel What do you know of the carriage of the prisoner at the time of the Tryal Young I was upon a Scaffold whereby I did see what was done in the Hall I saw that Lieut. Col. Axtell was busie and very active in encouraging the Souldiers to say let us have Justice against the King Axtell I desire to ask Mr. Young one question others say that the word was cry for Justice this Gentleman is pleased to make some Addition Let us have justice against the King Young No not against the King but I conceived you meant against the King Axtell I cry you mercy you do but conceive so Young You were upon the right hand of the Hall almost at the corner near the pavement it could not be otherwise applyed John Jeonar sworn Councel Speak your knowledge of Col. Axtell's carriage at the High Court of Justice Jeonar I had the Honour to wait upon the King as a domestick Servant to the time of his Death that day which was the first day the King was brought to his Tryal I did wait upon Him among other servants we stood close to the Bar where the King was some three or four of us Col. Axtell was upon the right hand of us commanding the Guard to keep things in order when the Court was to be withdrawn the many circumstances about the Lady Fairfax shall be omitted the President commanded the prisoner to be withdrawn with that Col. Axtell steps down before me to draw out his Guard this I heard him say Souldiers cry for Justice Justice I was the next man to him and upon the last day of the Tryal he did come down in the same manner and bid the Souldiers cry out for Execution Execution Axtell I do desire a question may be asked of that Gentleman I must confess I did not know the Gentleman at that time though he said he knew me He seems to say that at the first day I encouraged the Souldiers to cry Justice Justice and the last day Execution Execution What place was this in Sir Jeon I tell you the King was brought from Cotton House through a Guard that you managed of Musquetiers and with a Guard of Partisans besides there was my self and others there when we came up we got as close to the Bar as we could you were passing up and down from above and below when the Court was dissolved you stept down just before to draw your Guard to make ready and to cry Justice Justice and the second time Execution Execution you were very near me and then you cryed Justice Justice Execution Execution Axtell Are you certain I have heard other men I confess accused for this Some other Officers Jeonar I did hear you I do know you by sight Councel You know him now to be the same person Jeonar Yes Samuel Burden sworn Councel Tell my Lord and the Jury what you know of the carriage of the Prisoner Burden My Lords and Gentlemen I do believe Col. Axtell knows me well enough I was then under his own command at
Whitehall there were some Cavaliers then in the Regiment it was my fortune I came into your Company I wish I never had you commanded more besides my self to be a Witness against the King and Justice Cook took my Examination you brought me in you commanded the Guards that time at Whitehall when the King was upon his Tryal Axtell What more Burden And you commanded Elisha Axtell with a file of Souldiers to take a Boat and go down to the common Hangman that liv'd beyond the Tower to execute the King he is now Shepards Serjeant in Ireland Axtell My Lord I desire to ask him a question he was pleased to say I desired him to be a Witness Bur. Yes Axtell Where was it Burden In the Court at Whitehall Axtell My Lord I have seen the printed List of Witnesses against the King and in that list you shall find no such Name Burden I have been a Prisoner in Dublin by your means Axtell My Lord I hope you will take notice of that Councel Burden do you remember any of his commands to Web to draw up in the Banqueting-house Bur. He commanded Web to draw up in the Banqueting-house during the time of Execution his own company I was one of his own company then Coun. In order to what Bur. For Execution Axtell My Lord is Web here Bur. He is in Dublin Axt. I wish he were here Edward Cook sworn Cook And it please your Honour my Lord the last day of the Tryal of his Majesty I came into Westminster-hall coming where the Court was I did see Col. Axtell the Prisoner at the Bar there with some Musquetiers Coun. What day was this Cook The last day of his Majesties Tryal L. ch Bar. Go on Sir Cook Standing there a little while his Majesty came guarded with some Halberteers when he came by the Souldiers that stood with Col. Axtell his Majesty bowed and afterwards put off his Hat and went up to the Court I could not know what Bradshaw said to him I stood below I heard him say he was brought by the consent of the Commons and people of England there stood a Lady above in a Gallery crying out it is a lye where are the people or their consents Cromwel is a Traytor whereupon Col. Axtell standing by saith he what Drab is that that disturbs the Court come down or I will fetch you down Mr. Nelson sworn Coun. Tell my Lords and Gentlemen of the Jury touching the Discourse between you and the Prisoner at the Bar in Dublin Nelson My Lords and Gentlemen of the Jury upon a Discourse with the prisoner at the Bar in Dublin 5 or 6 years since upon the platform in that Castle we discoursed of the late Kings having had several reports I desired to know of him who it was that Executed the King thinking he might inform me he was pleased to tell me this saith he the persons that were imployed in that service you know them as well as I do truly Sir not I said I I saw them in Vizards but not their Visage as I know of yes saith he you do know them it is true saith he my self and others were imployed in that affair in order to the Execution but there were several persons came and offered themselves out of a kind of Zeal to do the thing but we did not think it proper to imploy persons whom we did not know but we made choice of a couple of Stout persons pray let me hear their Names said I saith he it was Heulet and Walker I desired to know their reward Truly saith he I do not know whether 30 l. a piece or between them I said it was a small reward for a work of that Nature truly saith he that was all Axt. You named one man I did not hear the other named Nelson I named Heulet and Walker we was one that managed the Execution he told me so and it pleased you Sir Axtell He is pleased to say that in Ireland there was such conference was any body by Nelson No Sir Axt. Did I name any body to you Nel. You named those two persons Axt. Certainly I must invent them then for I had no more knowledg of them then any one here Nel. You told me you were one of them that had the managing of that Affair Councel My Lord we have done with our Evidence those particulars that were first opened to you have rendred the prisoner much a blacker person then we thought we leave him to his defence Axt. May it please your Lordships in the first place because I am ignorant in the Laws I desire to know upon what Statute this indictment is grounded L. ch B. It is grounded upon the statute of the 25th of Edward the Third Axt. My Lords I must acknowledg my ignorance of the Laws being a thing I never studied nor have the knowledg of but I have heard it is the duty of your Lordships and the Judges to be of Counsel for the Prisoner in things wherein he is ignorant in matters of law to make his just defence and therefore my Lord the Indictment it self being matter of law if your Lordships please not to grant me Counsel to speak to matrers of law I humbly pray that your Lordships will be pleased that for want of knowledg formalities punctilloes and niceties of the Law I might not undo my self I have heard by a learned Judg that though the Judg be of Counsel to the King yet by his Oath he is also to be Counsellor to the Prisoner and stands as a Mediator between the King and Prisoner and therefore my Lord I shall beg that humble favour that wherein I shall fall short to make the best improvement of my Plea in matter of law that your Lordships will help me and not take advantages against me as to the niceties formalities and punctilloes of the Law and my Lord this is a resemblance of that Great day where Christ will be Judg and will judg the secrets of all hearts and of all words and of all persons and by him all Actions are weighed knows all our hearts whether there be malice or how it stands in the frame of each heart before him in this place and therefore I hope there will be nothing by prejudging or any thing by precluding to be so black a person as it seemed to be said against me My Lords I must shorten the time and come to speak as to the Authority L. Ch. Bar. As to what Sir Axt. I speak as to the Authority by which or under which I acted I humbly conceive my Lord under favour that I am not within the compass of that Statute of the 25th of Edward the Third for that questionless must intend private persons Counselling Compassing or Imagining the death of the King But you know my Lords the War was first stated by the Lords and Commons the Parliament of England and by vertue of their Authority was forced to be raised and they pretended
Executioner and such other Acts prove these are in your Commission and you say something I am sure you cannot be ignorant that That very Authority that you do now urge to give life and power to your Actions that you destroyed it laid it in the dust acted contrary to it several ways when the Parliament protested against fetching the King from Holmby as they did when they went on proceeding in the way of peace then came you up to the Bar I think you your self and charged some of the Members first 11 as rotten Members and these Men were forced away this you know your General had no Commission to do and this you know was a Violation of that Power that gave our General the Commission After that when the Treaty was brought on in the Isle of Wight when there was great hopes of peace then you knew the King was hurried thence by Force which the Parliament protested against After that when both the House of Commons and Lords came to consider of one particular that passed they resolved that it was sufficient ground to proceed on for the settlement of peace then did you fall upon these Houses and tear them in pieces and throwing out above 200 suffering only about 40 to remain and they were glad to send for one Member out of Prison to make up a House That which you say of the Supreme Authority and that by Vertue of which you did Act it shews that you did not at all go by any Authority but you followed your own Lusts and therefore do not few these Fig-leaves together which will stand you in no stead if you would apply your self to answer that which you were charged with it were something Axt. I do desire to have no more interruptions then is me◠〈◊〉 making my own Defence My Lord here are many things by way of motive urged to the Jury which is not within the Charge I desire I may have that fair play that nothing may be urg'd but what is in the charge L. Ch. Bar. You give the occasion Mr. Axtell keep to the matter and you shall not be interrupted Lord Hollis I shall be very sorry to urge any thing against you which doth not necessarily follow for what you say touching your Authority I shall shew you have no Authority Axtell My Lord I have the same Commission as the General what I did was not of mine own head I had a Command As for all that hath been charged against me I shall say this I was none of the Court I did not fetch the King from the Isle of Wight nor advised compassed or imagined his Death or sentenced him to Death or signed the Warrant for his Execution or Executed Him I am none of them My Lords and therefore whoever did make any breach upon the House of Commons they were Grandees persons of a greater Quality I was an inferior Officer I was never at the House Bar but upon presenting one Petition to the Parliament from the Army I shall now come to speak to the Evidence which hath been given particularly against me and the first my Lord is Mr. Simpson he saith I had the Commands of the Guards at Westminster-Hall My Lords I have told you already shewn you by what Authority I came thither and that I ought not to refuse if I had according to the laws of War I must have suffer'd death and that is all as to Mr. Sympson only that a Lady he knows not who spake something there L. Ch. Bar. He saith he heard you bid the Souldiers give fire against the Lady Axt. My Lord I must say if there was any Lady that did speak who she was I know no more than the least child here but my Lord to silence a Lady I suppose is no Treason If a Lady will talk impertinently it is no Treason to bid her hold her tongue L. Ch. Bar. A Lady was speaking pertinently enough when she heard Bradshaw say to the King such a Charge is exhibited a charge of High Treason against Him in the Name of the Commons assembled in Parliament and the good People of England she said That was a lye not half nor a quarter of the people of England That Oliver Cromwel was a Traytor Then you took upon you to command Souldiers to fire at her and accordingly they levelled the muzles of their Musquets towards her Axtell My Lord as to that particular concerning Oliver Cromwell or any other words concerning the Court I understand them not but if any interruption was made to preserve the peace to desire a Woman to hold her tongue is no Treason To the next particular wherein Col. Huncks saith at a door at a certain lodging where Ireton and Harrison were in Bed together he saith that upon his refusal to sign the Warrant for executing the King I said to him Col. Huncks I am ashamed of you the Ship is now coming into Harbour and will you strike Sayle before we come to Anchor truly my Lord I think all that amounts to nothing if it were so which I deny it for to bring the Ship into Harbor what is that there is no person named Fact named nor Design named and I appeal to my conscience I remember not the time place person or words and I can call for Col. Phayre and Col. Hacker who were there for I desire things may appear right I desire they two persons may be called for their Evidence in that point L. ch Bar. They both are in the same condition Col. Hacker in the prison behind you Col. Phayre in the Tower Mr. Axtell you know the strength of one Affirmative witness I saw such a man and heard such a man say c. is more then if twenty should witness they stood by but did not see him or hear him speak Axt. My Lord he saith only this I saw you at the door going unto Ireton's chamber and said will you strike Sayl c. Truly my Lord he doth not say what or how or any thing I meant there must be according to Sir Edward Cook 's 7th Book of his Institutes that Oracle of the Law he saith That Evidence ought to he as clear as the Sun at noon day All that you can say is this it must be a wide Inference a large Inference I conceive there is nothing in these two witnesses and if the two Prisoners were here they would clear me in this L. ch Bar. If by Law you could have had them you should but I fear if they could be admitted they would not be to your advantage Axtell Then my Lord in the next place Col. Temple is pleased to say that the Lady Fairfax saying something against the Court which in truth as I said before I know not who it was or what the words were he saith I bid Fire against them I did nothing but what I was commanded upon pain of Death to preserve peace and in pursuance of that command from the superior
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
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
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
produced I would not omit any thing that I well remember and this I remember that the night before the Execution the King called me into his Chamber and told me several things I will take the occasion to trouble you with a short discourse of it he told me of some Legacies he had given he told me he had prepared something that he would speak the next day and in the close of it he desired me that I would not leave him for I speak it in truth there were many times several incivilities offered to him and though I was upon a duty that was of a harsh and unpleasing nature to me and did desire several times to be released from it as I believe is well known to some yet I did not admit any time that any incivility should be offered to him people would take Tobacco before him and keep their hats on before him I alwayes checked them for it he was pleased to have a consideration of that care that I had in that capacity I then stood That very night before his death he was pleased to give me a Legacy which was a gold Tooth-picker and Case that he kept in his pocket The next day when the Warrant came the Guard of Halberteers went with him through St. Jameses Park I was present walking near the King the Bishop of London now of Canterbury was with him and some others As we were going thorough the Park he was pleased to discourse something of what he had been discoursing before touching his Burial he wished that the Duke of Richmond and some others that he should bring should take care of it That morning in the Park he told me he had been thinking of what he had said the night before He told me he had some thoughts that his Son might come to bury him and desired he might not suddenly be buried I gave him assurance I would communicate his desire and so I did when he came to Whitehall he went into a room in the Gallery I know not the name the Guard stood in the outer room there There was a Gentleman that came to me there and told me he was endeavouring to present a Letter from the Prince to the King and told me he could not get an opportunity I said he should not want an opportunity if I could help him it was Mr. Henry Seymor it was delivered and the King read it and he gave several things in charge to Mr. Seymor to acquant the Prince with and was pleased to mention to him something of civility that I had shewn him in his imprisonment the effect and fruit of it I find and do most humbly acknowledg before all the world my thanks to his most gracious Majesty the King and to the Lords and Commons After Mr. Seymor was gone from him I do not well remember the time whether it was twelve one or two a clock Col. Hacker came in and there was present with him the two other Gentlemen that were named in the Warrant as I remember I am sure Col. Hacker if my memory fail me not did produce the Warrant My self and those Gentlemen that were concerned in the former Orders looked upon this Warrant by which the Orders which he had were at the end I must confess I did not nor none of those did tell him that the Orders for security of his person were at an end but Col. Hacker did go in to him and after a little while Col. Hacker comes to the door and the King was coming forth and he told me that the King desired I should go along with him and indeed the night before when the King told me that he had prepared something to speak he desired I would not leave him So Col. Hacker led him forth the Bishop of London followed him and I followed the Bishop of London the Guards were prepared without and they went on to the Scaffold when we came to the Scaffold I went so far as to the entrance upon it the King was upon it and had looked a little while about it and was thinking to have spoken over but he turned about to me and began to direct his speech to me I cannot trouble you with what the King said for I cannot remember it but that Colonel Hacker was there in prosecution of that Warrant and upon that Warrant our Orders were at an end I do aver Coun. You delivered him upon that Warrant did you Toml He went and received the King upon that Warrant it was a Chamber that was known then by the name of the Horn-Chamber and there the King was in the inner room this is the substrance of all Coun. We will trouble you with one or two Witnesses more Coun. Mr. Tomlinson did Mr. Hacker or his Souldies take Tobacco to the Offence of the King Toml I do not say that any Tobacco was taken there by Mr. Hacker but the Souldiers would be stepping in and take Tobacco at his Chamber in St. James's and committed other incivilities Councel We have proved that the Prisoner did demand and had the person of the King now we will prove to you that himself had the boldness to make a Warrant in pursuance of the former for the Execution of the King Coun. Cryer call Mr. Huncks He being sworn said Huncks My Lords and Gentlemen of the Jury that day the King died a little before the hour he died I was in Ireton's Chamber where Ireton and Harrison were in bed together there was Cromwell Colonel Hacker Lieut. Col. Phayer Axtell and my self standing at the door this Warrant for the Execution was there produced and you looking upon Mr. Hacker at the Bar were reading of it but Cromwell addressed himself to me commanding me by vertue of that Warrant to draw up an Order for the Executioner I refused it and upon refusing of it there hapned some cross passages Cromwel would have no delay There was a little Table that stood by the door and pen ink and paper being there Cromwell stopped and writ I conceive he wrot that which he would have had me to write as soon as he had done writing he gives the pen over to Hacker Hacker he stoops and did write I cannot say what he writ away goes Cromwel and then Axtell we all went out afterwards they went into another room Councel What followed Hunc Immediately the King came out and was murther'd Mr. Secretary Morrice Mr. Huncks you did tell us in the Tower when we were sent by his Majesties Councel to examine you and others there that Col. Hacker did then sign that Warrant for nominating and appointing the Execution Huncks My Lord Cromwel comes to me and bids me write a Warrant for that purpose I refusing of it Cromwel writes himself and Hacker writing to the same paper what should I conceive but that it was the Warrant the King presently after coming to the Scaffold Councel Did Cromwel give you no bad names because you would not write that Order Did
not he say you were a Coward Huncks He said I was a froward peevish fellow Councel Did Hacker only write his name or give directions in the drawing up of the Order Huncks I conceive he only writ his name Councel My Lord we have only that Eye-witness H. Hacker confessed to the Gentleman-Jaylor of the Tower that if he did do it he did it by order Mr. Secretary Morrice and the L. Annesly sworn Councel Mr. Secretary we desire you would be pleased to tell my Lords what Col. Hacker the Prisoner at the Bar did confess to you and others touching this business Mr. Secretary When Col. Huncks for that title he now assumes was brought over out of Ireland and committed to the Tower of London there was three of the Council by order of the Board sent to examin him Sir Anthony Ashly-Cooper Mr. Annesly and my self In obedience to that order we repaired to the Tower and had Col. Huncks brought before us we told him that he being one of those which was appointed by warant from the supposititious high Court of Justice to carry on the Execution of the King and see it done must needs know who was the Executioner whereunto he answered that he for his part did not know who was the Executioner for the Warrant whereby the Executioner was nominated appointed was refused to be signed by him but Col. Hacker signed it and therefore Col. Hacker must know it Accordingly upon our return we made our Report to the Board and upon this there was an Order that Col. Hacker should be sent for taken into Custody and brought before the Lords of the Council Accordingly he was apprehended and the same three Councellors were sent down to examin him We took him into a private room and examined him and told him amongst other things that he being the man that as we are informed did sign the Warrant for the nominating and appointing the Executioner doubtless he must needs know who that was at first he said he did not sign this Warrant I told him I would have him well advised what he said for if you deny it it will be proved by such a man naming Col. Huncks and that you will do your self a great prejudice if you deny that saith he I do believe I did sign the Warrant for appointing the Executioner that is all I can say L. Annesly Gentlemen of the Jury it is very true as you have been told already that I was amongst those that the Council sent to the Tower of London first to examine Col. Huncks and Mr. Cook that hath been condemned Hulet and some other Prisoners We did examin Colonel Huncks and he did by his Examination acquit himself from signing that Warrant that he was charged with being one of the three appointed to see execution done but they appointed another to sign the Warrant Col. Huncks refusing and upon his refusal as he said Cromwel that urged him to it said he was a cowardly fellow or something to that purpose when we examined him about the person in the Frock he said he knew nothing of that but that Col. Hacker signed that Warrant for Execution this Examination being reported to the Council the Lords sent for Hacker I think upon notice Colonel Hacker came he had been of the Army and continued till that time an Officer when he came thither the Lords of the Council having notice of it commanded the same persons formerly appointed to go out and examine him we had him into a little room belonging to the Clerks of the Council and examined him to that point concerning the Man that cut off the Kings head whether he knew any thing of it he did affirm positively he did not know we told him that he was the man by testimony that signed a Warrant for Execution of the King and then certainly he must know the person that he appointed by his Warrant he said if I did sign any Warrant it was by command of the General that being but hypothetical we thought it meet to make it more positive whereupon we asked him whether he was the Man that signed the Warrant or no. Thereupon as I remember and as the Examination which was all written with mine own hand doth help my memory he did say he did believe he did sign such a Warrant thereupon he was asked further how could it be possible that he could forget the man if he signed the Warrant he knew who the man was that was appointed he said for that that he did believe the Warrant was read to him and that therein the mans name might be but he could not now remember his name this was the effect of his Examination and Confession Councel Mr. Francis did you see Colonel Hacker at the time of the Execution upon the Scaffold Francis Yes I did see him as a principal Commander there I was coming out of Westminster into London about half an hour before the King came upon the Scaffold coming near the Scaffold as soon as I was engaged in the throng when I had passed about eight or ten yards I could not pass backward nor forward I was inforced to stand there during that time I saw the Scaffold and the Ax and the Block taken up by divers people and principally I saw a man that is not here he is in custody I saw him take it up and try it with his Thumb and lay it down this was James Berry he came off and came not upon the Scaffold again unless disguised Councel Did you see Hacker there did you see him upon the Scaffold when the King came on Francis I did see him he was there his Majesty came to the side of the Scaffold next to St. Jameses he looked that way and smiled after a while the block and Ax lying down about the middle of the Scaffold there was a black Cloath hung about the rails of the Scaffold Councel We have another Evidence the Prisoner hath confessed enough but we have proved that he had the King in custody he confessed that he believed he did sign the Warrant and that he at the time of Execution was there to manage it What do you say for your self Hacker Truly my Lord I have no more to say for my self but that I was a Souldier and under command and what I did was by that Commission you have read L. Ch. Bar. Can you deny any thing that Mr. Secretary and Mr. Annesly have declared Hacker I cannot tell what I might then say the Gentlemen were very strict with me truly I have been no Counsellor nor advisor nor abettor of it but in obedience to the command over me I did act My desire hath been ever for the welfare of my Countrey and that Civil power might stand L. Ch. Bar. Have you yet resolved who you gave the Warrant for Execution to Hacker No my Lord I delivered none L. ch B. But you know who it was directed to Hacker No indeed my Lord be pleased to
Hulet did refuse after all refused it seems he did undertake to do the deed When the King was brought on the Scaffold we were in Scotland yard and they were upon the Guard in the Banqueting-Chamber when they were there I laid down my Arms and got into the company Captain Webb kept the Guard with his Halbert in his hand by the Scaffold and I did bustle to come near to them then I returned back Hulet as far as I can guess when the King came on the Scaffold for his execution and said Executioner is the block fast then he fell upon his knees Coun. Who did Gittens Hulet to ask him forgiveness by his speech I thought it was he Captain Atkins who would not undertake to do this fact I told him I would not do it for all the City of London no nor I neither for all the World saith Atkins you shall see Hulet quickly come to preferment and presently after he was made Captain Lieutenant Councel Was he with his Regiment that day Gittens We could not see him with the Regiment all that day he was never absent at any time before Councell Did you know his voice Gittens Yes Sir Councell Did you mark the proportion of his body or his habit what disguise he was in Gittens He had a pair of freeze trunk breeches and a vizor with a gray beard and after that time Colonel Hewson called him Father Gray-beard and most of the Army besides ye cannot deny it Hulet I desire as to this witness he doth alledge that he and I were Serjeants in one company which I deny he was not in that company I was in I desire to know of him how he comes to know that I was there at that time Gittens By your voice Hulet I will swear that this man was with the Regiment under the Scaffold where were you at that time when the Act was done G. Where was I by Captain Web H. Where was he G. At the door of the Banquetting-house H. Was you on the Scaffold or no Sir G. I was on the Scaffold end H. My Lord I desire you to consider what this person saith he saith he was upon the Guard in Scotland yard and at the Scaffold with Captain Web. My Lord I desire again whereas he said I had a gray-beard let any man besides himself say that ever I was called by that name gray-beard throughout the Regiment Stammers sworn Council What have you to say concerning the Prisoner at the Bar St. He was a Captain Lieutenant to Colonel Hewsons Troop when I had entred my self into that Troop I was a while in Dublin and I was commanded by the prisoner at the bar I and the rest to march to a place called Lutterells Town about 5 miles beyond Dublin the prisoner at the Bar came thither to us two dayes after then being in his chamber he sent for me up I went up and sate down he examined where I had served I told him I did sormerly belong to the Lord of Inchequin he asked me if I was ever in the Kings Army with that he walks about the room two or three turns saith he I was the man that beheaded King Charles and for doing of it I had an hundred pounds saying I was a Sergeant at that time Hulet I desire to ask him a question I confess what is your name Councel Stammer his name is Stammers H. Such a one was under my command I think I have not seen you these eight Years I desire to know when these words were spoken and the place St. I say in Lutterels town in your own chamber and that was nine or ten years ago H. It is about eight years ago since I left that command who was by at that time St. No body Hulet 'T is strange How long had you been in the Troop before St. I was in Dublin about a fortnights time then you sent for me and I came to Lutterels Town the first time that I came to the Troop was at Dublin and then you came to me with two Orders from Hewson and then you did pretend you was brother to one Mr. Chambers and then we went and quartered in Lutterels Town H. My Lord his examination in Ireland and this doth not agree you did deny this before Baldwin a Trooper I desire his examination may be read which was accordingly read and agreed with the testimony now given I desire he may mention what man that was that I sent for him St. I cannot tell what man H. My Lord I desire that servant may be either named or produced St. I cannot remember the man it is seven years ago H. Then again upon another accompt as he speaks before that I should examine him where he had been and that he should say at the Lord Inchequins Captain Toogood sworn Toogood I shall first give your Lordships and the Jury what I have heard others say concerning the prisoner at the bar and that is first Colonel Hewson I was in the year 1650. about September in Dublin Castle about some business with Hewson Captain Hulet the prisoner at the bar came into the room he talked with Colonel Hewson a little while I observed them very familiar and I asked Hewson what he was he told me he was his Captain Lieutenant of Horse I desire to know where he had him he told me he made him so from a Serjeant and a very mettled fellow he was it was he that did the Kings business for him upon the Scaffold In the year 1653. there was a disbanding of the Army in Ireland this Gentleman was then continued Captain Lieutenant in Pretties Regiment I discoursed with Pretty concerning him and one part of it I remember was about the Kings death and he did tell me that he was assured by Colonel Hewson that Hulet either cut off the Kings head or held it up and said behold the head of a Traytor Colonel Pretty would not tell me which of the two it was but I saw the person that did it and me thought he did resemble this person About 12. moneths after I came to live near the prisoner in Ireland once I remember at one Mr. Smiths at the White-horse in Carlow I met him there and I was asking the prisoner at the bar the question whether he was the man that cut off the Kings head or not saith he why do you ask me this question I told him I had heard by several namely by Hewson and Pretty upon that he said well what I did I will not be ashamed of if it were to do again I would do it once since that time about half a year afterwards I was in the same place and there talking with him about the Kings death he was telling me it was true he was one of the two persons that was disguised upon the Scaffold I desired to know what if the King had refused to submit to the block saith he there were staples placed about the Scaffold and I had
that about me that would have compelled him or words to that effect other times I have heard him speak something to this November the last in the the Queens County at Maryborough Col. Jones took upon him to be Governour and to choose two out of a Regiment that might be the Rulers of the people Legislators I think they call'd them I did discourse about the business again and did oppose it all after a while he began to be very hot in the business about Lambert said I you were heretofore too forward sayes he if it be the business of the Kings head I will never deny it call me to an account when you will I have observed in Ireland that it hath been generally reported that he was either the man that cut off the Kings Head or that held it up as I said before and I have heard them sometimes call him Grandsire Grey-beard Hulet My Lord I do confess I know the Gentleman very well we were in a Regiment together I never discoursed with any concerning this but only once at a place going from Cullen to Munster we did drink at a place called Goran we were discoursing about the business of the King the justification of the cutting off his head saith Stammers I did hear that you were one of the persons for that purpose said I they that say so do me wrong saith he it is no matter if you were so for it was a just act said I whether it was or no I have nothing to do to justifie it he was speaking as I hope to be saved I would have done it Walter Davis Sworn Councel What can you say Mr. Davies to this business Davies Gentlemen that which I can say is this in January last was two years I was at Dublin I met Captain Hulet he invited me to take share of a pint of Wine I went with him to a Tavern when we were in the Tavern he called for a pint of wine and I called for another before we had drank out the last pint of wine said I to Captain Hulet I pray resolve me this one question it is reported that you took up the Kings head and said behold the head of a Traytor Sir said he it was a question I never resolved any man though often demanded yet saith he whosoever said it then it matters not I say it now it was the head of a Traytour H. I confess we did meet together as you say but I must and do deny the words Lieutenant Collonel Nelson sworn Nelson My Lords and Gentlemen of the Jury upon a discourse with Col. Axtel as I related once this day about six years since in many other discourses we fell to discourse about the death of the late King I supposing he had been acquainted with that affair I desired him to tell me those two persons disguised upon the Scaffold he told me I knew the persons as well as himself saith he they have been upon service with you many a time pray Sir said I let me know their names truly said he we would not imploy persons of low spirits that we did not know and therefore we pitcht upon two stout fellows who were those said I It was Walker and Hulet they were both Serjeants in Kent when you were there and stout men Who gave the blow said saith he poor Walker and Hulet took up the head pray said I what reward had they I am not certain whether they had thirty pounds apiece or thirty pounds between them Hulet Pray let Mr. Axtel speak to this he is hard by Colonel Tomlinson sworn Counsel Pray tell my Lords your knowledg in this business Tomlinson My Lords and Gentlemen of this Jury I cannot punctually remember what their habits were but they had close garments to thier bodies they had hair on their faces one was gray to the best of my remembrance the other was flaxen colour Councel Can you tell who struck the blow Tom. My Lord I cannot remember but I think he with the gray hair on his face did it Nelson My Lord I will not positively say it but it came lately to my mind that I did hear in Ireland by Col. Pretty that Hulet did it my Lord this Col. Pretty is alive in Ireland Ben. Francis sworn Francis My Lords and Gentlemen of the Jury as to the Prisoner at the bar he was very active in that horrid act there was two of them had both clothes alike their frocks were close to their bodies as I remember they were rather in Butchers habits of woollen one had a black hat on his head cockt up and a black beard and the other had a grey grisled periwig hung down very low I affirm that he that cut off the Kings head was he in the gray periwig and I beleeve this was about that mans stature pointing to Mr. Hulet and his beard was of the same colour if he had any I was coming from Westminster the Scaffold was encompassed within with a great Guard of Souldiers of Redcoats I think commanded by Biscoe Hulet Was you upon the Scaffold Francis No Sir there was none of my constitution upon the Scaffold Councel Fuller evidence I think cannot be expected you have heard all the Witnesses what can you say for your self Hulet My Lord here is several witnesses examined concerning the business and for my part I do not understand the Law I must leave it to the Court I can upon the other account prove where I was at that very time I can in the next place my Lord since I came into London for I did not hear it before I can tell you who was the person that did that act I can bring forty and forty witnesses that will prove who they were that did it as I have been informed by several Witnesses that they know who was the person that did it upon the other accompt I can prove where I was that day but I did not know when I was arraigned what was laid to my charge Here was some examinations taken before my Lord Mayor concerning the person or persons that did that act here he offered a paper a copy of the said examinations subscribed Mary Brandon and divers others Mr. Secretary Morrice Was you not examined in the Tower Hulet Yes Sir Mr. Secr. Morice Did not we tell you that you were charged with cutting off the head of the King Hulet Yes Sir you did tell me so L. Ch. B. Then you had time to provide your witnesses H. I was a close prisoner L. Ch. B. Where were you on the day of execution H. I was a prisoner then at Whitehall L. Ch. B. For what H. Upon this accompt we were taken up about seven or nine of us were taken up we were all Serjeants three of Col. Hackers the rest of Prides and Fairfaxes and about ten of clock at night were discharged L. Ch. Baron For what were you imprisoned H. For refusing to be upon the Scaffold Burden It was a common
says he did it not Traiterously I humbly conceive he means it was Justifiable Sir P. Temple At another time I was in Town on a Friday and wanting Horses I went to Smithfield where I saw the Horses of State of his late Majesty to be sold in the Common Market at which I called to the Rider said I What makes these Horses here says he I am to sell them Why said I there 's the King's Brand upon them C. R. and he shew'd them me said I Will you sell these Horses What price he asked me three or fourscore pound a piece said I Who warrants the sale of these Horses says he Mr. Marten and Sir Wil. Brereton Afterwards I heard the Horses were taken into the Mews by the Prisoner at the Bar and Sir Wil. Brereton Counsel Was this before the Trial Sir P. Temple It was in 1642 or 1643. Counsel That 's nothing to this Business Marten My Lord the Commission went in the name of the Commons assembled in Parliament and the Good People of England and what a matter is it for one of the Commissioners to say Let it be acted by the Good People of England Mr. Sol. Gen. You know all good People did abhor it I am sorry to see so little repentance Marten My Lord I hope that which is urged by the Learned Counsel will not have that impression upon the Court and Jury that it seems to have That I am so obstinate in a thing so apparently ill My Lord if it were possible for that Blood to be in the Body again and every drop that was shed in the late Wars I could wish it with all my heart But my Lord I hope it is lawful to offer in my own defence that which when I did it I thought I might do My Lord there was the House of Commons as I understood it perhaps your Lordships think it was not a House of Commons but then it was the Supream Authority of England it was so reputed both at home and abroad My Lord I suppose he that gives obedience to the Authority in being de facto whether de jure or no I think he is of a peaceable disposition and far from a Traitor My Lord I think there was a Statute made in Henry the Seventh's time whereby it was provided That whosoever was in Arms for the King de facto he should be indempnified though that King de facto was not so de jure And if the Supream Officers de facto can justifie a War the most pernicious Remedy that was ever adjudged by Mankind be the Cause what it will I presume the Supream Authority of England may justifie a Judicature though it be but an Authority de facto My Lord if it be said that it is but a third estate and a small parcel of that my Lord it was all that was extant I have heard Lawyers say That if there be Commons appurtenant to a Tenement and that Tenement be all burnt down except a small Stick the Commons belong to that one small piece as it did to the Tenement when all standing My Lord I shall humbly offer to consideration whether the King were the King indeed such a one whose Peace Crowns and Dignities were concerned in Publick Matters My Lord he was not in execution of his Offices he was a Prisoner My Lord I will not defer you long neither would I be offensive I had then and I have now a peaceable inclination a resolution to submit to the Government that God hath set over me I think his Majesty that now is is King upon the best Title under Heaven for he was called in by the Representative Body of England I shall during my life long or short pay obedience to him Besides my Lord I do owe my life to him if I am acquitted for this I do confess I did adhere to the Parliaments Army heartily my life is at his mercy if his Grace be pleased to grant it I have a double obligation to him Mr. Sol. Gen. My Lord this Gentleman the Prisoner at the Bar hath entred into a Discourse that I am afraid he must have an answer in Parliament for it He hath owned the King but thinks his best title is the acknowledgment of the People and he that hath that let him be who he will hath the best Title we have done with our Evidence Marten I have one word more my Lord I humbly desire that the Jury would take notice That though I am accused in the Name of the King that if I be acquitted the King is not Cast It doth not concern the King that the Prisoner be Condemned it concerns him that the Prisoner be Tried it is as much to his Interest Crown and Dignity that the Innocent be acquitted as that the Nocent be condemned Mr. Sol. Gen. My Lord this puts us now upon the reputation of our Evidence and you may see how necessary it is to distinguish between Confidence and Innocence for this very Person that desires you to have a care how you condemn the Innocent he doth seem to intimate to you that he is an innocent Person at the Bar and yet confesses he did sit upon the King did Sentence him to Death that he signed the Warrant for the Execution and yet here stands that Person that desires you to have a care of condemning Innocence What is this at the bottom of it but that my Fact is such as I dare not call it Innocence but would have you to believe it such Gentlemen of the Jury was it your intention the King should be so tried as this Prisoner moved It will concern you to declare That the People of England do abhor his Facts and Principles every Fact the Prisoner hath confessed himself the sitting in that Court which was Treason his Sentencing was Treason signing the Warrant for Execution was the highest of Treasons Gentlemen all that he hath to say for himself is there was an Authority of his own making whereby he becomes innocent But we hope out of his own Mouth you will find him guilty Gilbert Millington I desire you to hear me I come not hither to dispute but to acknowledg I will not trouble you with long Discourses My Lord it is not fit for wise Men to hear them I am not able to express them I will not justifie my self I will acknowledg my self Guilty My Lord The reason why I said the last day Not Guilty was in respect of being upon the Scaffold and murthering the King and those things but I will wave all things if your Lordship will give me leave and will go unto the lowest strain that possible can be I will confess my self Guilty every way I was awed by the present Power then in being This I leave with you and lay my self at your feet and have no more at all to say but a few words in a Petition which I desire you will please to accept and so I conclude Counsel We do accept this
honest and humble Confession and shall give no evidence against him to aggravate the Matter L. Ch. B. Your Petition is accepted and shall be read Robert Titchburne My Lord when I first pleaded to the Indictment it was Not Guilty in manner and form as I stood Indicted My Lord it was not then in my Heart either to deny or justify any tittle of the matter of Fact My Lord The Matter that I was led into by ignorance my Conscience leads me to acknowledg But my Lord if I should have said Guilty in manner and form as I stood Indicted I was fearful I should have charged my own Conscience as then knowingly and maliciously to act it My Lord it was my unhappiness to be call'd to so sad a Work when I had so few years over my head A Person neither bred up in the Laws nor in Parliaments where Laws are made I can say with a clear Conscience I had no more enmity in my heart to his Majesty than I had to my Wife that lay in my bosom My Lord I shall deny nothing After I was summoned I think truly I was at most of the Meetings and I do not say this that I did not intend to say it before but preserving that Salvo to my own Conscience That I did not maliciously and knowingly do it I think I am bound in Conscience to own it As I do not deny but I was there so truly I do believe I did sign the Instrument And had I known that then which I do now I do not mean my Lord my Afflictions and Sufferings it is not my Sufferings make me acknowledg I would have chosen a red hot Oven to gone into as soon as that Meeting I bless God I do this neither out of fear nor hopes of favour though the penalty that may attend this acknowledgment may be grievous My Lord I do acknowledg the Matter of Fact and do solemnly profess I was led into it for want of years I do not justify either the Act or the Person I was so unhappy then as to be ignorant and I hope shall not now since I have more light justify that which I was ignorant of I am sure my Heart was without malice if I had been only asked in matter of Fact at first I should have said the same I have seen a little The Great God before whom we all stand hath shewn his tender mercy to Persons upon repentance Paul tells us Though a Blasphemer and a Persecuter of Christ it being done ignorantly upon repentance he found mercy My Lord Mercy I have found and I do not doubt but mercy I shall find My Lord I came in upon the Proclamation and now I am here I have in truth given your Lordship a clear and full account what ever that Law shall pronounce because I was ignorant yet I hope there will be room found for that Mercy and Grace that I think was intended by the Proclamation and I hope by the Parliament of England I shall say no more but in pleading of that humbly beg that your Lordships will be instrumental to the King and Parliament on that behalf Counsel We shall give no evidence against the Prisoner he says he did it ignorantly and I hope and do believe he is penitent and as far as the Parliament thinks fit to shew mercy I shall be very glad Owen Rowe I have not much to say I never had any ability therefore my Lord it was never my intent upon my Plea as was said before to deny any thing I have done for I was clearly convinced that I ought to confess it before and I do confess against my self that I did sit there several times and to the best of my remembrance I did sign and seal the Warrant for his Execution and truly my Lord it was never in my heart to contrive a Plot of this nature How I came there I do not know I was very unfit for such a Business and I confess I did it ignorantly not understanding the Law so was carried away hidden in the Business not understanding what I did therefore my Lord I humbly intreat this honourable Court that you will consider of it and look upon me as one that out of ignorance did it and if I had known of my Act I would rather have been torn in pieces with a thousand Horses When I heard of the Declaration and gracious Pardon of his Majesty I confess I went to my Lord Mayors laid hold of it and I thought my life as secure as it is now in my own hands But I do wholly cast my self upon the King's Mercy and as I have heard he is a gracious King full of lenity and mercy so I hope I shall find it I was never against Government it is a blessed thing that we have it I hope all the Nations will be happy under it I shall submit to his Majesty and Government I can say no more I was not brought up a Scholar but was a Tradesman and was meerly ignorant when I went on in that Business I do humbly intreat your Lordships that you would as tenderly as may be present my case to the King whom I rest upon and leave all to your Lordships wisdom and discretion to do what you will concerning me Counsel We accept his Confession and do hope he is penitent before God as well as before the World Robert Lilburn Be pleased to give me leave to speak a few words I shall be ingenuous before your Lordships I shall not wilfully nor obstinately deny the Matter of Fact But my Lord I must and I can with a very good Conscience say That what I did I did it very innocently without any intention of Murder nor was I ever Plotter or Contriver in that Murder I never read in the Law nor understood the Case throughly What-ever I have done I have done ignorantly L. Ch. B. Because you shall not be mistaken in your words God forbid that we should carp at your words the word Innocent hath a double acceptation Innocent in respect of Malice and Innocent in respect of the Fact Lilburn The truth is my Lord I was for the withdrawing of the Court when the King made the motion to have it withdrawn and upon the day my Lord that the King was put to death I was so sensible of it that I went to my Chamber and mourn'd and would if it had been in my power have preserved his life My Lord I was not at all any disturber of the Government I never interrupted the Parliament at all I had no hand in those things neither in 1648 nor at any other time I shall humbly beg the favour of the King that he would be pleased to grant me his Pardon according to his Declaration which I laid hold on and rendred my self according to the Proclamation Counsel We shall say nothing against him Henry Smith My Lord I shall not desire to spend your Lordships time what I have done
Clerk of the Crown Are you agreed of your Verdict Jurors Yes Clerk Who shall say for you Jury Our Foreman Clerk Edmond Harvey hold up thy hand How say you Is the Prisoner Guilty of the Treason whereof he stands Indicted and hath been Arraigned or not Guilty Jury Guilty Clerk Look to him Keeper Clerk What Goods and Chattels c. Jury None to our knowledg The same question being asked touching Alderman Penington Henry Marten Gilbert Millington Alderman Titchborne Col. Roe Col. Lilburn and Henry Smith they were severally found Guilty by the Jury in manner aforesaid All which Prisoners finding the place where they stood to be cold and unwholsome prayed the Court they might have leave to be returned to the Prison till the Court shall be pleased to command their further attendance which was granted The rest of the Prisoners aforenamed together with W. Heveningham brought to the Bar. Clerk You the Prisoners at the Bar those Persons last called of the Jury are to pass c. If you or any of you will challenge all or any of them you must challenge them when they come to the Book before they be sworn Clerk Charles Pilfield Christopher Abdy George Terry Daniel Cole Anthony Hall Richard Abel Edmond Starnel Edmond Pit William Whitcomb Francis Dorrington Thomas Nicoll Robert Sheppard in all twelve admitted and sworn of the Jury Clerk If any Man can inform c. Clerk John Downs hold up thy hand c. and the like were said to to all the other Persons following viz. Vincent Potter Augustine Garland Simon Meyne James Temple Peter Temple Thomas Waite and William Heveningham Look upon the Prisoners at the Bar you that are sworn you shall understand that John Downes the Prisoner at the Bar stands Indicted c. Kings Counsel May it please your Lordships and you Gentlemen of the Jury The Prisoners at the Bar stand indicted of High Treason for compassing and imagining the Death of the late King Charles the First of blessed memory The Evidence by which we shall make out against them this Treason of their Heart in compassing and imagining the King's Death for that is the substance of the Indictment and all that follows is but Evidence will be by proving that they did sit as Judges in that pretended Court of Justice when the King stood a Prisoner at the Bar That they did Sentence him to death every one of them and we shall prove against all but one of them that they did sign that bloody Warrant for murthering of the King and against one of them that stands at the Bar we shall prove to his shame and confusion of face that he did spit in the face of our late Sovereign Lord. John Downes My Lord I have humbly pleaded Not Guilty not with any intention to justifie the Fact or to extenuate it but my Lord in regard there is that charged in the Indictment that my Conscience saith I am not guilty of I durst not plead guilty otherwise my Lord I should not have troubled you with Not Guilty but should have humbly taken the shame and confusion for it it is my intention to put the Court to as little trouble as possible I can therefore I do most humbly intreat of your Lordships and the Court that you will permit me to acknowledg that which will be a sufficient evidence of my Conviction if the Court so please and that you will be pleased to hear me on my behalf if I can humbly offer to you some special thing which is not in the Case of another I could wish it had if it had we had none been here I do humbly acknowledg that to sit upon that occasion in that place is evidence enough to convince what is in the Heart except by some signal Actions that might happen from some that might shew how it was his unhappiness to be put into such a business yet had neither Malice nor Treason in his Heart I do humbly conceive that there is that goodness in you that this Plea this Allegation will be most welcome to you My Lord though there was such a thing such an unparallel'd thing I was thrust into this number but never was in consultatin about the thing God is witness I was not put in till the Act was ready to pass in a second Commitment by one of the same number I denied it yet they said I must make one I must take my share so I came in Never did I know of his Majesty's being brought to London till he came My Lords In this great unhappiness I think it is some mitigation and I judg it a happiness that so wise prudent Persons as this Court consists of that you are my Judges that can look back my Lord and consider what the Times were then and can my Lord account it a happiness that there is a special Wisdom in you that in nice Cases you will be able to make a distinction I do indeed my Lords sadly and seriously confess That I was divers times with those Persons that were called Judges of the late King at several of their Meetings and Sittings it is long ago I cannot say how often I was several times there My Lord I do humbly beg of your Lordships I will trouble you as short as I can that you would be pleased so far to favour me as to give me leave to give you a short account of the business The last day his Majesty came to that which was called then a Court several times he was brought I think thrice and his Charge was given in words high enough he said He could not acknowledg their Jurisdiction that was the Answer my Lord till the last day then I confess I was there He that was called President did again and again tell him the Heads of his Charge told him he had several days given for consideration That this was the last day that the Court as they call'd themselves would give him his final Answer if he stood still to day and move to the jurisdiction of the Court they must take all pro Confesso and would give sentence My Lord to this his Majesty indeed with a great deal of composedness and wisdom told them to this effect I cannot own your Jurisdiction you have power enough indeed I wish you may use it well but because you are so ready to give a sentence which may be sooner given then avoided I think fit to let you know that I have something that I desire to speak to my Parliament for I have something to offer unto them that will be satisfactory to you all and will be for the immediate settlement of the Kingdom in peace My Lord he that was called President answered that no notice could be taken of any thing but onely whether he would answer to his Charge upon that my Lord his Majesty indeed with the greatest earnestness that ever I beheld and yet in no unseemly passion told them they might soon repent of such
how to reconcile that which hath been said before with this that comes after I leave it to you I am totally at a loss When those times were how impetuous the Soldiers how not a man that durst either disown them or speak against them I was threatned with my very life by the threats of one that hath received his reward I was induced to it Certainly my Lord it doth argue that there was not malice predommant Love and Hatred cannot be at the same time in one person Design my Lord what should be my design a poor ordinary mean man Surely my Lord I could not design any great matters or places I knew my self unfit I humbly beg you would give me leave to tell you a little what I got Mr. Sol. Gen. By your favour my Lord the Prisoners at the Bar may say what they will by way of extenuation but we expect that when they enter upon these Discourses they will save your Lordships time and ours by a publick confession and evidence of sorrow We cannot spend so long time to hear these long Discourses we will rather prove it against every man singly Downes I will trouble you no further I do acknowledge all I humbly submit and beg your favour and leave my self eupon my Countrymen the Jury and beg the King's mercy specially Pray spare me one word that you would hear but a Witness or two unto that business Counsel He doth confess he sate and signed we beleive he is sorrowful and against his Conscience he did sign and that he did it out of a fear and from a threat that he was over-awed so was the Hangman too but after he had apprehended this sorrow and declared his Judgment upon the fact he signed the Warrant Downes My Lord I do humbly beg his Majesties mercy I came in upon the Proclamation Vincent Potter My Lord my condition requires ease for my Body he had a fit of the Stone upon him at that same time I pray that the passing the Sentence for execution may be suspended L. Ch. B. The Execution must be suspended for you are within that Qualification Potter I desire only this I am not in a condition to declare what I know and would speak I am mighty ful of pain if I am under that Qualification let me rest under that Counsel Do you confess the Indictment or will you put us to prove it Potter I am one that came in L. Ch. B. It is thus with you whether or no did you sit sign or act in this High Court of Justice against the King Potter I will deny nothing I confess the fact but did not contrive it I am full of pain Lord Chief Baron According to the demerit of the Case in Law you must receive Judgment here but no execution of that Judgment shall be until the King by advice and consent of Lords and Commons shall order the execution of it you are to be tried now Do you confess you signed the Warrant for execution of the King Potter I do confess it my Lord. Counsel We do accept it Potter I beseech you let me go to ease my self Lord Chief Baron Officer set a Chair for him which was done Mr Potter sit down Aug. Garland May it please your Lordship I came here this day intending to have waved my plea and referred my self to this honourable Court to be recommended to the Kings mercy and the Parliament But hearing of some scandal upâ—â— me more then ever I did hear till within these few dayes I shall desire your favour in hearing of my Trial. Mr. Sol. Gen. My Lord he saith well for if he had confessed the Indictment we should not have accepted it Call the Witnesses Garland I do confess this I sate and at the day of Sentence signed the Warrant for Execution Mr. Sol. Gen. And we will prove that he spat in the Kings face Gar. I pray let me hear that Otherwise I would not have put you to any trouble at all Clench sworn Counsel Do you know the prisoner at the Bar Augustine Garland Clench I know him very well Counsel Tell my Lords and the Jury how you saw him behave himself to our Sovereign Lord the King when he was at the Bar. Clench I was that day at Westminstar-hall when the King had sentence they hurried the King down this Mr. Garland came down stairs by them towards the bottome of the stairs he spit in his face at a little distance Couns Do you believe he did it on purpose upon your oath Clench I suppose he did it somewhat suspiciously in that way I did see the King put his hand in his left pocket but I do not know whether the king wiped it off Mr. Sol. Gen. The King wiped it off but he will never wipe it off so long as he lives He hath confessed that he sate that he sentenced and that he signed We say he contrived it at the beginning and at last bid defiance to the King I shall desire he may be remembred in another place Garland I do not know that I was near him at that time I do not remember this passage I am afraid he is an Indigent person If I was guilty of this inhumanity I desire no favour from God Almighty L. Ch. B. I will tell you this doth not at all concern the Jury but this Circumstance possibly may be considered in another place Gar. I refer my self whether you be satisfied that I did such an Inhumane act I submit that to you I dare appeal to all these Gentlemen here looking upon the prisoners or any other whether they ever heard of it nor I was never accused for such a thing till a few dayes since but I wave my plea and refer my self to the Court Now my Lord this is the truth of my Case there is that honorable Gentleman the Speaker of the House of Commons knows I lived in Essex in the beginning of these troubles and I was inforced to forsake my habitation I came from thence to London where I have behaved my self fairly in my way Afterwards in 1648 I was chosen a member into the Parliament in June 1648 I came in a Member of the Parliament My Lord after the division of the House by the insolency of the Soldiery some came to me and desired me that I would go to the House I was then at my Chamber at Lincolns-Inne I forbore a Week and more said I I do not expect to be admitted for they look upon me as another person said they If you will go you shall have no contradiction I went and went in when I was in the first business that came was the business of Tryal of the King and it was put on me to be Chair-man for bringing in this Act for Tryal I did not know how to contradict that power or authority be it what it will but I must obey I fear my ruine will follow it in that respect my Lord when I came there I
speak with his Parliament I rising up one told me I must not be heard for the President was to give Judgement and said there was an order that none should speak in Court Mr. Downes did move and they did adjourn the Court and I was glad I got out Cromwell laughed and smiled and jeared in the Court of Wards I hope your Lordship will be pleased to consider I was no Contriver no Soldier that put the force upon the House that erected the Court None of the Law-makers or did any thing maliciously against the King My Lord I was looked upon with an evil eye for regarding the King's friends in the Country Gray he told me the King would not die I hope he will not said I. The next day on Monday I went to the House they were labouring to get hands for his Execution at the Door I refused and went into the House saith Cromwell those that are gone in shall set their hands I will have their hands now That night I went to the Lord Grays and he said I am afraid they will put him to death I said so also My Lord I have been a great sufferer I was drawn in trapan'd into it since being a friend to the Kings friends I am almost ruined in my estate I beseech your Lordships make the best interpretation I hope you will believe I was no Contriver I humbly lay hold upon the Kings mercy and favour I came in upon the Proclamation I pray that this Honourable Court will prefer my Petition to the King and both Houses of Parliament which the Court then received William Heveningham My Lord in 1648. we were under a force under the tyranny of an Army they were our Masters for a malicious and a traiterous heart I had not I do absolutely deny the signing the Warrant for summoning the Court and also that Warrant for execution of the King at the time of sealing I had that Courage and Boldness that I protested against it Counsel We do not question him for that but for sitting in the high Court of Justice and that upon the day of the sentence do you deny that Heveningham My Lord I cannot say positively Counsel If you deny the matter of fact it must be proved Heveningham I cannot say positively but it may be I might Counsel Either say positively you did or else let the Witnesses be call'd Heveningham Truly my Lord I think I did but my after-actions Lord Chief Baron Mr. Heveningham that shall be considered Counsel My Lord to sit upon the day of Sentence was high Treason in it self and is an evidence of Compassing and Imagining the Kings death Hev I shall lay hold of the Declaration I came in upon the Proclamation I pray your Lordships to interceed for me to the King and both Houses of Parliament I pray the mercy of this Court L. C. B. You of the Jury they have all confessed and therefore you may go together Simon Meyne My Lords I have forgot my Petition it is at my lodging I desire I may send it at night John Downes and Peter Temple prayed the like favour L. Ch. B. Do send them they shall be received The Jury having consulted together a certain time they went to their places Clerk Gentlemen are you agreed of your verdict Jury Yes Clerk Who shall say for you Jury Our Fore-man Clerk John Downes hold up thy hand Look upon the prisoner how say you is he guilty of High Treason whereof he stands indicted and hath been arraigned or not guilty Forem Guilty Clerk Look to him Keeper What Goods and Chattels c. Forem None to our knowledge And the like verdicts at the same time passed in the same manner against Vincent Potter Augustine Garland Symon Meyne James Temple Peter Temple Thomas Waite and William Heveningham Potter I hope I may be freed from Irons I am in pain and a man of bulk L. Ch. B. We can give no order in it we must leave it to the Sheriff Potter I begg it of you my Lord. L. Ch. B. We must leave it to the Sheriff Mr. Heveningham You must withdraw from the Bar. Clerk Officer bring down VValler Fleetwood Hacker Axtel Hulet Penington Marten Millington Titchborne Roe Lilburne Smith and Harvey and set them to the Bar which was done accordingly Clerk Hardress VValler hold up thy hand thou hast been Indicted and found guilty of High Treason what canst thou say why judgment should not pass on thee to dy according to Law VValler My Lords I am now it seems Convicted by Law and so adjudged Your Lordships the other day on my desire told me I might have liberty to speak upon my trial I must now beg the like upon a condemned person L. Ch. B. You are Convicted not Condemned Waller My Lords I was the first that pleaded Guilty I bless God that he gave me a heart to do it I find most peace in the doing of it and since there is nothing left but hopes of Mercy I humbly submit it to your Lordships to hear me in this sad condition that that may make me seem more capable of mercy I have my Lords been so unhappy to have been transplanted out of my Country these thirty years I have been but once these eleven years in England this must needs make me a stranger L. Ch. B. I must not hinder you because it is for mercy that you plead but consider with your self whether it will not be better to give it in a Petition I leave it to you we can do nothing in point of Mercy but Judgment Waller Onely this My Lord whether I am not the more capable of your mercy L. Ch. B. That you may understand it the Act of Indempnity of Parliament hath excepted you yet upon some qualifications we are to proceed according to Law that is to go to Conviction and Judgment The Act sayes that after Judgment there shall be no execution but that it shall be suspended till a further Act of Parliament to be passed for that purpose so that in the mean time we are to proceed no further then Judgment That which concerns Mercy is referred to another place If you please to say any thing to satisfie us or to go by way of Petition it must be left to you but what you say for mercy is nothing to us Waller I humbly thank your Lordships for this clear and noble dealing and withall I would beg that these people that are witnesses of my shame and guilt may know that it was a force and temptation upon me I shall not insist much I have said that I did plead guilty which was most safe to my own Conscience yet I should make it appear that I did appear more to preserve the King from Tryal and Sentence then any other Lord Finch Sir Hardress Waller I have heard of late of your sorrow which I was glad to hear of because you are my kinsman both by your Father and Mothers side and also my
the name of Daniel Axtel of Westminster in the County of Middlesex Gentleman I think none knew me to live there and inhabit there Lord Chief Baron I would not interrupt you this is past you should have made your exception to that as Master Matten did before concerning his name that should have been first done you have appeared and pleaded to that name and it was late of Westminster Axtell My Lord I have this to speak in arrest of Judgment that the Indictment being grounded upon that statute of the twenty fifth of Edward the third it is either mistaken or not pursued my Lords I did yesterday give you the Judgment of the Lords and Commons concerning the statute in relation to my case I say the Statute was mistaken or not pursued Lord chief Baron That was offered before Sir as to the matter of it Axtell My Lord I think not I am mistaken if it were Lord Chief Baron Then open it Axtell My Lord I do not find in that statute that words are an overt act words only L. Ch. B. This was over-ruled The things that you objected were these That there is not any overt act that is laid that could be applicable to your case if it were not particularly applicable you are found guilty by the Jury it would be nothing But there is an overt act you were present at the Court beating the Souldiers sending for an Executioner but for words if one man should say here is the King go and kill him this is Treason but you were guilty in all according to Law You being there and doing this you were not guilty onely of the words but of all that was done there is none but Principals in Treason What we say and do to you we well know we must answer before God Almighty for it Axtell I have but one word more truly I do appeal to God before whom I shall have another tryall I do not find my self guilty either of consulting contriving or having a hand in the death of the King I am innocent and I pray God that my innocent blood Lord Chief Baron Pray Sir Axtell May not cry Lord Chief Baron You are now to speak in arrest of Judgment Axtell I have no more I pray your Lordships favour and mercy to me William Hulet alias Howlet hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Hulet Truly my Lord I have little further to say If you had been pleased to give me further time I should have cleared my self I call God above to witness upon this account that I am as clear as any man I submit to the mercy of the Court. L. Ch. B. For that I do but cannot positively say it that at your request notwithstanding the Judgment will pass against you there may be some time till his Majesties pleasure be known before any execution will be upon that Judgment against you in the mean time we must proceed according to Law and Justice Proclamation for silence whilst Judgment is giving The Lord Chief Barons speech before the Sentence pronounced against the aforenamed Prisoners found guilty YOu that are Prisoners at the Bar you stand here in several Capacities yet all of you persons convicted of the detestable and execrable murder of our Soveraign Lord King Charles the first of blessed memory Mistake me not I do not say that you are all of you guilty of executing the fact but in Law and in conscience pro tanto though not pro toto you are guilty of it in that you prepared the way and means to it in that you brought his head to the block though you did not cut it off You are here in three sorts and I must apply my words accordingly and truely I do it with as much sorrow of heart as you have many of you being persons of liberal education great parts I say you are of three sorts There are some of you that though the Judgment of death is to pass against you by his Majesties grace and favour and the mercy under him of the two houses of Parliament Execution is to be suspended untill another Act of Parliament shall pass to that purpose that is all of you but three for those three the one of them that was last called William Heveningham he is in another capacity too for I presume some time will be given to him to consider of something relating to him before any order will be given for his execution there are two others of you and that is Dan. Axtel and Francis Hacker and for you as it yet stands before us there is no mercy there is no room for it but though you be in these several Classes yet what I shall say will concern you all because I do not know how it may fall with you none of us know how soon we may come to our deaths some probably sooner then others all must come to it you are now before the Tribunal of man but that is for Judgment for your offence here but there is another Judgment hereafter and a Tribunal before which both you and we must stand every man here and we must receive according to our work those that have done ignorantly by a serious and unfeigned repentance God Almighty may shew mercy unto them He hath reserved mercy even for the greatest offenders Saint Paul himself when he presecuted Christ ignorantly upon his repentance he found mercy those of you that are not yet convicted in your consciences of the foulness of this horrid fact look into your Consciences a little more and see if it be not a great Judgment for your former offence that you should be given over to a reprobate sense let me tell you a seared Conscience a bold confidence not upon good grounds is so far from securing the Conscience it may stifle perhaps the mouth of Conscience but it will rise up more in Judgment against you Here you have made your defence and I do not blame you for it life is precious but remember the thoughts of your hearts are open whether you did it ignorantly covetously or to get the Government into your own hands that I am not able to search into God and you only know that give me leave to say something perhaps I have repeated it by parts before God is my witness what I speak I speak from mine own Conscience and that is this Gentlemen because I saw it stuck with some of you that is that whatsoever the case was that by the Laws of these Nations the fundamental Laws there could not be any coercive power over your King I speak it again because I would as near as I could speak the whole truth and would not mislead any man in such a case remember that no power no person no Community or body of men not the people either collectively or representatively have any coercive power over the person of the King by the fundamental Laws for that
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
a sentence that he did conjure them to withdraw once again and to consider of it if it were but half an hour or saith he if that be too much for you I will withdraw My Lord here I can make my appeal to him that must judg me when you have done with me I had not a murderous nor a trayterous thought against him but Sir I confess such deep passions did fall upon me that truly my self I was not I remember the persons betwen whom I sate as it fell out were one Mr. Cawly and Col. Walton these two I sate betwixt these were the very words I speak to them Have we hearts of stone are we men they laboured to appease me they told me I would ruine both my self and them said I if I die for it I must do it Cromwel sate just the seat below me the hearing of me make some stir whispering he looked up to me and asked me if I were my self what I meant to do that I could not be quiet Sir said I No I cannot be quiet upon that I started up in the very nick when the President commanded the Clerk to read the Sentence I stepping up and as loud as I could speak spoke to this effect these words or to the like purpose My Lord said I I am not satisfied to give my consent to this Sentence but have Reasons to offer to you against it and I desire the Court may adjourn to hear me presently he stept up and looked at me Nay saith he if any one of the Court be unsatisfied the Court must adjourn Sir accordingly they did adjourn into the inner Court of Wards when they came there I was called upon by Cromwel to give an account why I had put this trouble and disturbance upon the Court I did speak Sir to this effect it is long ago the very words I think I cannot speak but to this effect I did speak My Lord I should have been exceeding glad if the Court had been pleased to condescend to this gracious Expression but it is not too late for me I desire not his Death but his Life and that the Nations may be setled in Peace The King now is pleased to offer That if he might but speak with his Parliament he would offer to them such things as should be satisfactory to us all So said I what would you have Your pretence of bringing him to these Proceedings was That after such a long and bloody War his Majesty would not condescend to such Concessions as might secure the Parliaments Party but now you hear him that he will give every one of us satisfaction I told them sadly told them I think I may truly say more sadly then than at this time that if they should go precipitantly on and give Judgment upon him before they had acquainted the Parliament with what the King was pleased to offer we should never be able answer it the rather my Lord and that I did press with all the little understanding that I had if they did but consider the last concluded Order that the Parliament made after the passing of the Act for Trial that which was so called I say there was this Order that shut up all That upon any Emergency that could not at that time be thought on in the House the Court should immediately acquaint the House with it My Lord I did infer as strongly as I could to them That if this were not Emergent I could not tell what was The King denied the Jurisdiction of the Court and yet with all vehemency desired to speak with his Parliament were not these Emergencies if not I knew not what were Emergences My Lords Besides this there was another thing I did press that I thought was of greater consequence than this as to the satisfaction of every Man 's particular Conscience that admitting if it might be admitted that the King was liable to his Subjects that they might call him to an account and might condemn him I beg your pardon that I take the boldness to make such admissions but if such a thing might be admitted certainly it did exceedingly become those Judges that were to give such a Sentence not against a common Person but against the greatest to be very well satisfied in Matter of Fact to a full Evidence before them that such and such things that were said were true I do acknowledg this that to the best of my apprehension I wish it had been so to others there was a great shortness in this I do humbly affirm this That not one Member of the Court did hear one Witness Viva Voce I did press That if the Court did give Judgment against the King without a fair Examination I said it was such a thing as no Judg at any Assizes would do against a common Person what I had was from Peters and from some private Whispers from one of them that is gone and hath received his Sentence and Doom Cromwel did answer with a great deal of storm He told the President that now he saw what great reason the Gentleman had to put such a trouble and disturbance upon them saith he Sure he doth not know that he hath to do with the hardest hearted Man that lives upon the Earth however it is not fit that the Court should be hindred from their Duty by one peevish Man he said the bottom was known that he would fain save his old Master and desired the Court without any more ado would go and do their Duty Another that spoke to me in answer was one that hath been before you and hath rereived his Sentence but is not dead and I desire I may not name his Name his answer was to what I have said That some Men were either Scepticks or Infidels After this I did go into the Speaker's Chamber and there I did ease my mind and heart with tears God only knows I have an unhappy memory I have slipt many thinâ—s Lord Chief Baron Remember your self by Papers if you have any no man will hinder you Downes I have no papers but my Lord for the truth of this I have said there are some witnesses that will make the substance the effect of this appear Lord Chief Baron Mr. Downes there is one particular before you come to the witnesses that after all these Convictions you signed the Warrant you deny it the Council will prove it Downes I did never hope or think that any thing I can say should be so satisfactory to you but things might be retorted upon me and perhaps what I thought might be for extenuating my Crime my fall out to my disadvantage I understand you do proceed upon three particulars either signing the first Warrant for constituting the Court To my remembrance I know not of it if my hand was to it I have forgot Counsel Your hand is not to that but we mean your hand is to the Warrant for execution pray shew it him It was shewn him Downes My Lord