be directed to answer and if he refused That the matter of the Charge be taken pro confesso And the King not owning their Authority was remanded Fol. 58. Westminster-Hall Tuesday the 23d Afternoon The King not owning their Authority was remanded and the Court Adjourned to the Painted-Chamber And there Resolved They would examine Witnesses Fol. 61. Painted-Chamber Wednesday the 24th was spent in examining their Witnesses Fol. 66. Painted-Chamber Thursday the 25th Afternoon They examined more Witnesses They Resolved to proceed to Sentence of Condemnation against the King And that this Condemnation be for being Tyrant Traytor and Murtherer and Publick Enemy to the Commonwealth And that the Condemnation extend to Death Fol. 68. And Ordered That a Sentence grounded upon these Votes be prepared by Scot Marten Harrison and others Painted-Chamber Friday the 26 th The draught of the Sentence Reported and agreed And Resolved That the King be brought the next day to Westminster-Hall to receive it Fol 96. Painted-Chamber Saturday the 27 th Fore-noon The Sentence being engrossed Resolved The same should be the Sentence which should be read and published in Westminster-Hall the same day That the President should not permit the King to speak after Sentence That after the Sentence read he should declare it to be the Sence and Judgment of the Court. That the Commissioners should thereupon signifie their Consent by standing up And the same day the Commons Ordered the Clerk to bring in the Records of that Judgment to the House Journal of the House Westminster-Hall the same Day After-noon The King being brought in and not owning their Authority the Sentence was read And upon the Declaration of the President That it was the Judgment of the Court they stood up and Owned it and Adjourned to the Painted-Chamber And there appointed Waller and others to consider of the Time and Place for Execution Painted-Chamber Monday the 29 th Upon the report of the Committee Ordered A Warrant be drawn for executing the King in the open Street before White-Hall the next day directed to Hacker and others which was done accordingly Fol. 116. 31. January 1648. Ordered by the Commons That the Lord Grey out of Haberdashers-Hall to difpose of 100 l. for the Service of the Common-wealth 2. February 1648. They Ordered in the first place to take into Consideration and Debate the House of Lords for settlement of the Government 6. February 1648. The House being seventy three And the Question put Whether that House should take the Advice of the House of Lords in the exercise of the Legislative Power The House was divided and it carried in the Negative by fifteen Voices And then Resolved That the House of Peers was useless and dangerous and ought to be abolished And Ordered an Act to be brought in for that purpose 7. February 1648. The Declared That the Office of a King in this Nation and to have Power thereof in a Single Person was unnecessary burthensom and dangerous to the Liberty Safety and publick interest of the People and therefore ought to be abolished 9. February 1648. They Ordered The Narrative of the Proceeding and Records for Tryal of the King to be forthwith brought into this House 16. February 1648. They Ordered That the Clerk of that High Court of Justice be desired to bring in those Proceedings to their House the next Day March 1648. Sir Arthur Hasilrig Reports from the Committee that Charls and James Stewart Sons of the late King should dye without Mercy wheresoever they should be found 12. December 1650. Mr. Say Reported the Proceedings of their High-Court against the King contained in a Book entituled A Journal c. which was read at large by their Clerk He likewise presented from that Court the Act for Tryal of the King and the Precept for holding the Court. The Charge was exhibited the twentieth And The Sentence Read the twenty seventh of January 1648. And thereupon they Declared That the Persons entrusted in that great Service had discharged their Trust with great Courage and Fidelity That the Parliament was well satisfied in that Accompt of the Particulars and Proceedings And Ordered That the same Records do remain among the Records of Parliament That those Proceedings be Engrossed in a Roll and Recorded among the Parliament-Rolls for transmitting the Memory thereof to Posterity And Resolved That their Commissioners for their Great Seal issue a Certiorari to their Clerk to transmit those Proceedings into the Chancery there to be on Record And that the same be sent by Mittimus from thence to other Courts at Westminster and Custos Rotulorum of the Counties to be Recorded In the County Middlesex The Proceedings at Hicks Hall Tuesday the 9th of October 1660. in order to the Tryal of the pretended Judges of his late Sacred Majesty THe Court being sate the Commission of Oyer and Terminer under the Great Seal of England was first read It was directed to the Lords and others hereafter named viz. Thomas Aleyn Knight and Baronet Lord Mayor of the City of London The Lord Chancellor of England The Earl of South-hampton Lord Treasurer of England The Duke of Somerset The Duke of Albemarle The Marquess of Ormond Steward of his Majesties Houshold The Earl of Lindsey Great Chamberlain of England The Earl of Manchester Chamberlain of his Majesties Houshold The Earl of Dorset The Earl of Berkshire The Earl of Sandwich Viscount Say and Seal The Lord Roberts The Lord Finch Denzil Hollis Esquire Sir Frederick Cornwallis Knight and Baronet Treasurer of His Majesties Houshold Sir Charles Barkly Knight Comptrouler of His Majesties Houshold Mr. Secretary Nicholas Mr. Secretary Morris Sir Anthony Ashley-Cooper Arthur Annesley Esquire The Lord Chief Baron Mr. Justice Foster Mr. Justice Mallet Mr. Justice Hide Mr. Baron Atkins Mr. Justice Twisden Mr. Justice Tyrrel Mr. Baron Turner Sir Harbottle Grimston Knight and Baronet Sir William Wild Knight and Baronet Recorder of London Mr. Serjeant Brown Mr. Serjeant Hale John Howel Esquire Sir Geoffry Palmer His Majestie 's Attorny General Sir Heneage Finch His Majestie 's Solicitor General Sir Edward Turner Attorney to His Highness the Duke of York Wadham Windham Esquire Edward Shelton Esquire Clerk of the Crown The Grand Jury Sworn were Sir William Darcy Baronet Foreman Sir Robert Bolles Baronet Sir Edward Ford Knight Sir Thomas Prestwick Sir William Coney Knight Sir Charles Sidley Baronet Sir Lewis Kirk Knight Sir Henry Littleton Baronet Sir Ralph Bovey Baronet Edward Chard Esquire Robert Giggon Esquire John Fotherly Esquire Charles Gibbons Esquire Thomas Geree Esquire Richard Cox Esquire Robert Bladwell Esquire Henry Mustian Esquire John Markham Esquire Edward Buckley Gent. Francis Bourchier Gent. Edward Lole Hart Cryer After Proclamation for silence was made it pleased Sir Orlando-Bridgman Lord Chief Baron of His Majestie 's High Court of Exchequer to speak to the Jury as followeth The Lord Chief Baron's Speech Gentlemen YOu are the Grand Inquest for the Body of this County of Middlesex You may
by law that the right of the Militia was in them and your Lordships will remember in several Declarations and Acts that was mutually exchanged between his Majesty and Parliament and my Lord that was the Authority the Lords and Commons assembled in Parliament raised a Force and made the Earl of Essex Ceneral and after him the Earl of Manchester of the Eastern Association and after that Sir Tho. Fairfax Lord General of the Forces by this Authority I acted and this Authority I humbly conceive to be legal because this Parliament was called by the Kings Writ chosen by the People and passed a Bill they should not be dissolved without their own consents that the Parliament was in being when the Tryal was and a question whether yet legally Dissolved In the fourth place they were not only owned and obeyed at home but abroad to be the chief Authority of the Nation and also owned by Foreign States and Kingdoms sent Ambassadors to that purpose under them did all the Judges of the Land Act who ought to be the Eye of the Land and the very light of the People to Guide them in their right Actions and I remember the Judges upon Tryal I have read it of High Treason Judg Thorp Nicholas and Jermin have declared it publickly That it was a lawful justifiable thing by the Law of the Land to obey the Parliament of England My Lord it further appears as to their Authority over the People of this Nation petitioning them as the supreme and lawful Authority and My Lords as I have heard it hath been objected that the Houses of Lords and Commons could make no Act. Truly my Lord if you will not allow them to be Acts though they intitle them so call them so and obeyed as so by the Judges Ministers and Officers of State and by all other persons in the Nation yet I hope they cannot be denied to be Orders of Parliament and were they no more but Orders yet were they sufficient as I humbly couceive to bear out such as acted thereby And my Lord the Parliament thus constituted and having made their Generals he by their Authority did constitute and appoint me to be an Inferior Officer in the Army serving them in the quarters of the Parliament and under and within their power and what I have done my Lord it hath been done only as a Souldier deriving my power from the General he had his power from the Fountain to wit the Lords and Commons and my Lord this being done as hath been said by several that I was there and had command at Westminster-Hall truly my Lord if the Parliament command the General and the General the inferiour Officers I am bound by my Commission according to the Laws and Customs of War to be where the Regiment is I came not thither voluntarily but by command of the General who had a Commission as I said before from the Parliament I was no Counsellor no Contriver I was no Parliament-man none of the Judges none that Sentenced Signed none that had any hand in the Execution onely that which is charged is that I was an Officer in the Army if that be so great a crime I conceive I am no more guilty than the Earl of Essex Fairfax or the Lord of Manchester Judg Mallet You are not charged as you were an Officer of the Army Axtell My Lords That is the main thing they do insist upon my Lord I am no more guilty than his Excellency the Lord General Monck who Acted by the same Authority and all the People in the three Nations and my Lord I do humbly suppose if the Authority had been only an Authority in Fact and not Right yet those that Acted under them ought not to be questioned but if the Authority commanded whatsoever offence they committed especially that that guided me was no less than the declared Judgment of the Lords and Commons sitting in Parliament they declared that was their right as to the Militia and having explained several Statutes of Henry the 7th wherein the King having enterchanged Declarations with the Parliament the Parliament comes to make an Explanation on that Statute and my Lord it is in Folio 280. wherein they do positively expound it and declare it as their allowed Judgment To clear up all scruples to all that should take up Arms for them saith the Parliament there as to the Statute of 11. of Henry the 7th Chapter the first which is printed at large comes there to explain it in general and comes here Folio 281. and gives this Judgment It is not say they agreeable to Reason or Conscience that any ones duty should be known if the Judgment of the High Court of Parliament be not a Rule or Guide to them In the next place this is the next Guidance Rule and Judgment of Parliament upon the Exposition of this Statute and as they have said in several places was it not too much to take up your Lordships time they are the proper Judges and Expounders of the Laws The High Court of Parliament have taken upon them to expound the Law and said that we Lawyers will give the meaning of the Text contrary to what they have expounded the meaning under their hands in the same Declaration his Majesty is pleased to quit that Statute upon which I stand Indicted the 25th of Edward the Third where they do my Lord expound that very Statute in the Declaration made in 1643. Folio 722. I come to the declared Judgment wherein they did positively say that the persons that do Act under their Authority ought not to be questioned as persons Guilty Folio 727. that is the Exposition that the Lords and Commons Assembled in Parliament doth make upon the statute Councel My Lord this is an Argumentation of Discourse in justification of his proceedings we desire to know what he will answer as to the Plea Axtell My Lords I have this further to say that if a House of Commons Assembled in Parliament may be Guilty of Treason for the truth is if I Acted Treason that Acted under the Authority of the Lords and Commons in Parliament and of the Commons in Parliament then doubtless they must begin the Treason if the House of Commons who are the collective body and Representation of the Nation all the people of England who chose them are guilty too and then where will there be a Jury to try this concerning the Commons alone I have been over ruled L. ch Bar. If you have any thing to say to the Lords and Commons answer to your charge your charge is nothing of the Lords and Commons but what you Acted when the house was broke and Forced Coun. You cannot but know that there is nothing charged against you for which you can so much as pretend an Authority of the Lords and Commons you know before you could do this Horrid Murther you were the persons that destroyed the Lords and Commons both indeed you Ravel in a
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.
October 11th 1660. The Court being Assembled the Keeper was commanded to set the Prisoners to the Bar. Thomas Harrison Adrian Scroop John Carew John Jones Gregory Clement Thomas Scot were brought to the Bar accordingly After which Silence was Commanded Court You that are Prisoners at the Bar if you or any of you desire Pen Ink and Paper you shall have it and if you or any of you will Challenge any of the Jury you may when they come to be Sworn and that before they are Sworn Sir Thomas Allen being called was desired to look on the Prisoner and lay his Hand on the Book his Oath was then read to him viz. You shall well and truly try and true deliverance make between Our Sovereign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence So help you God Sir Joshua Ash being next called Mr. Scroop excepted against him Sir Jeremy Whichcot Baronet being next to be Sworn Mr. Harrison excepted against him James Halley Esquire being next to be Sworn Mr. Scot excepted against him Court If you will not agree speaking to the Prisoners in your Challenges we must be forced to Try you severally Henry Mildmay Esq being called next Mr. Scroop excepted against him Court We must needs Try them severally therefore set them all aside but Harrison Court Gentlemen you that are excepted must not depart the Court. Sir Joshua Ash being again called was excepted against by Mr. Harrison Sir Jeremy Whichot Baronet James Halley Esq Henry Mildmay Esq Christopher Abdy Esq Being called again were severally excepted against by the Prisoner Court Mr. Harrison You know the Law You must say I Challenge him Mr. Harrison I shall Sir Ralph Hartley being next called and being very sick humbly prayed to be excused by the Court which was granted Arthur Newman was called next Mr Harrison May I not ask of what Quality he is Court No Sir You are to Challenge him or not to Challenge him Mr. Harrison I Challenge him Thomas Blith was next called and also Challenged Here the People seemed to laugh Mr. Harrison My Lord I must make use of my Liberty in this Case Court God forbid Then Grover Robert Clark and Richard Whalley were called and by Mr. Harrison Challenged Court Mr. Harrison you know many to Challenge If you go beyond the Number at your own peril be it Mr. Harrison My Lord pray tell me what it is Court You say very well God forbid but you should know You may Challenge five and thirty Peremptorily If you go beyond you know the Danger Mr. Harrison My Lord I do not this to keep you off from the Business William Vincent and Henry Twiford were then called and Challenged John Lisle was next called Mr. Harrison I do not know him Mr. Lisle Nor I you Mr. Harrison He was Sworn Thomas Franklin Sworn Thomas Winter Challenged Richard Nichol Sworn Moyce being sick prayed Excuse which was granted accordingly Richard Cheyney Challenged Allen Parsons Challenged Henry Edlin called Mr. Harrison I Challenge him Mr. Harrison Let him be Sworn Court No No. Whereupon he was set aside Mr. Harrison If I have any Apprehension or knowledg of them that 's the thing that leads me to it as touching this man he may be Sworn Court When he is Challenged he cannot be recalled Mr. Harrison I am content Samuel Greenhill Sworn Thomas Bide Challenged John Page Challenged Richard Rider Challenged Mr. Harrison Lest I may run into an Hazard in making use of that Liberty which the Law gives me in this Case and having not taken Notice of any Perfons Challenged I mean as to the Number I desire your Officer that takes Notice may acquaint me with the Number Court You shall know it God forbid the contrary Edward Rolph was called next Mr. Harrison Mr. Rolph is his Name Let him be sworn Sworn Francis Beal Challenged John Kirk Challenged Charles Pitfield Challenged John Smith Challenged Bell Sworn Edward Franklin Challenged William Whitcomb Challenged Samuel Harris Sworn John Collins Challenged Thomas Snow Sworn William Blunt Challenged George Rigth Challenged John Nichol of Finchley Sworn Timothy Taylor Challenged Thomas Fruin Challenged Richard Abel Challenged Thomas Morris Sworn Ambrose Scudamore Challenged Ralph Halsel Challenged George Tirry Challenged Court You have Challenged Thirty three already Mr. Harrison I pray the Names may be read to me to see if it be so Court When you come to Thirty five you shall have the Names read John Galliard Challenged Thomas Swallow Challenged Court Now read their Names to him Which were read accordingly In all thirty five Challenged George Pickering was next called and Sworn Then they were called over who were admitted viz. Sir Thomas Allen John Lisle Thomas Francklin Richard Nichol Samuel Greenhil Edward Rolph Bell Samuel Harris Thomas Snow John Nichol Thomas Morris George Pickering and Sworn Proclamation was then made If any man can inform my Lords the King 's Justices the King ' s Serjeant or the King's Attorney before this Inquest be taken let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all those bound by Recognizance to appear let them come forth and give their Evidence or else to forfeit their Recognizance George Masterson James Nutley Robert Coytmore Holland Simson and William Jessop Witnesse were called Court Gentlemen that are not of the Jury Pray clear the Passage The Prisoner is here for Life and Death let him have Liberty to see the Jury Clerk Thomas Harrison Hold up thy Hand Clerk Look upon the Prisoner you that are Sworn You shall understand that the Prisoner at the Bar stands Indicted by the Name of Thomas Harrison late of Westminster in the Country of Middlesex Gentleman for that He together with John Lisle c. Here the Indictment was read upon which Indictment be hath been Arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether he be Guilty of the High Treason in Manner and Form as he stands Indicted or Not guilty If you find that he is guilty you shall enquire what Goods and Chattels he had at the time of committing the said Treason or at any time sithence If you find that he is Not guilty you shall enquire whether he did fly for it if you find that he fled for it you shall enquire of his Goods and Chattels as if you had found him Guilty if you find that he is Not guilty nor that he did fly you shall say so and no more And take heed to your Evidence Mr. Keeling Enforced the Charge at large After whom Sir Henneage Finch His Majesties Solicitour General in these words MAY it please Your Lordships we bring before your Lordships into Judgment this day the Murtherers of a King A man would think the Laws of God and Men had so fully secured
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
with your Countrey that chose you for that Place You know that no Act of Parliament is binding but what is Acted by King Lords and Commons And now as you would make God the Author of your Offence so likewise you would make the People guilty of your Opinion But your Plea is over-ruled To which the Court assented Mr. Harrison I was mistaken a little Whereas it was said the Points were one I do humhly conceive they were not so I say what was done was done in Obedience to the Authority If it were but an Order of the House of Commons thus under a Force yet this Court is not Judge of that Force I say if it was done by one Estate of Parliament it is not to be questioned Court It was not done by one Estate They were but a Part nay but an eighth Part. Denz Hollis It was not an House of Commons They kept up a Company by the power of the Sword Do not abuse the People in saying It was done by the Supreme Power Councel My Lord if it were an House of Commons neither House of Commons nor House of Lords nor House of Lords and Commons together no Authority upon Earth can give Authority for Murthering the King This that he alledgeth is Treason my Lord this that is said is a clear Evidence of that which is charged there is only this more in it he hath done it and if he were to do it again he would do it Lord Chief Baron It is clear as the Noon-day that this was not the House of Commons Suppose it had been an House of Commons and full and suppose which far be it from me to suppose they should have agreed upon such a Murtherous Act for the House of Commons to do such an Act it was void in it self nay any Authority without the House of Lords and King is void You plead to the Jurisdiction of the Court whether we should Judge it or no. Yes I tell you and proper too We shall not speak what Power we have The Judges have Power after Laws are made to go upon the Interpretation of them We are not to judge of those things that the Parliament do But when the Parliament is purged as you call it for the Commons alone to Act for you to say that this is the Authority of Parliament it is that which every man will say Intrenches highly upon his Liberty and Priviledge And what you have said to your Justification what doth it tend to but as much as this I did it justifie it and would do it again which is a new Treason The greatest Right that ever the House of Commons did claim is but over the Commons Do they claim a particular Right over the Lords Nay over the King Make it out if you can but it cannot possibly be made out What you have said doth aggravate your Crimes It is such an approvement of your Treason that all Evidences come short of it King Lords and Commons is the Ground of the English-Law Without that no Act of Parliament binds Justice Mallet I have been a Parliament-Man as long as any man here present and I did never know or hear that the House of Commons and Jurisdiction over any saving their own Members which is as much as I will say concerning the Parliament I have heard a Story of a Mute that was born Mute whose Father was slain by a Stranger a man unknown After twenty years or thereabouts this Mute-man fortuned to see the Murtherer of his Father and these were his Words Oh! here is he that slew my Father Sir The King is the Father of the Country Pater Patria so saith Sir Edward Coke He is Caput Reipublicae the Head of the Common-wealth Sir What have you done Here you have cut off the Head of the whole Common-Wealth and taken away Him that was our Father the Governour of the whole Countrey This you shall find Printed and Published in a Book of the greatest Lawyer Sir Edward Coke I shall not need my Lord to say more of this Business I do hold the Prisoner's Plea vain and unreasonable and to be rejected Justice Hide I shall not trouble you with many Words I am sorry that any man should have the Face and Boldness to deliver such words as you have You and all must know That the King is above the Two Houses They must propose their Laws to him The Laws are made by Him and not by Them by their consenting but they are His Laws That which you speak as to the Jurisdiction you are here Indicted for High Treason for you to come to talk of Justification of this by Pretence of Authority your Plea is naught illegal and wicked and ought not to be allowed As to having of Councel the Court understand what you are upon Councel is not to be allowed in that Case and therefore your Plea must be over-ruled Mr. Justice Twisden I shall agree with that which many have already said onely this You have eased the Jury you have confessed the Fact I am of the same Opinion that you can have no Councel therefore I over-rule your Plea if it had been put in never so good Form and Manner Earl of Manchester I beseech you my Lords let us go some other way to work Sir William Wild. That which is before us is Whether it be a matter of Law or Fact For the matter of Law your Lordships have declared what it is his Justification is as high a Treason as the former For matter of Fact he hath confessed it I beseech you My Lord direct the Jury for their Verdict This Gentleman hath forgot their Barbarousness they would not hear their King Court No Councel can be allowed to Justifie a Treason that this is a Treason you are Indicted by an Act of the 25th of Edw. 3d. That which you speak of the House of Commons is but part of the House of Commons they never did nor had any power to make a Law but by King Lords and Commons and therefore your Plea is naught and all the Court here is of the same opinion if they were not they would say so therefore what you have said is over-ruled by the Court. Have you any thing else to offer Mr. Harrison Notwithstanding the Judgment of so many Learned ones that the Kings of England are no ways accountable to the Parliament The Lords and Commons in the beginning of this War having declared the King's beginning War upon them the God of Gods Court Do you render your self so desperate that you care not what Language you let fall It must not be suffered Mr. Harrison I would not willingly speak to offend any man but I know God is no Respecter of Persons His setting up his Standard against the People Court Truly Mr. Harrison this must not be suffered this doth not at all belong to you Mr. Harrison Vnder Favour this doth belong to me I would have abhorred to have brought him to Account
had not the blood of English-men that had been shed Councel Me thinks he should be sent to Bedlam till he comes to the Gallows to render an Account of this This must not be suffered It is in a manner a new Impeachment of this King to justifie their Treasons against His late Majesty Mr. Solicitour General My Lords I pray that the Jury may go together upon the Evidence Sir Edw. Turner My Lords This man hath the Plague all over him it is Pity any should stand near him for he will infect them Let us say to him as they use to write over an House infected The Lord have Mercy upon him and so let the Officer take him away Lord Chief Baron Mr. Harrison We are ready to hear you again but to hear such Stuff it cannot be suffered You have spoken that which is as high a Degree of Blasphemy next to that against God as I have heard You have made very ill use of these Favours that have been allowed you to speak your own Conscience cannot but tell you the Contradiction of your Actions against this that you have heard as the Opinion of the Court. To extenuate your Crimes you may go on but you must not go as before Mr. Harrison I must not speak so as to be pleasing to men but if I must not have liberty as an English-man Court Pray do not reflect thus You have had liberty and more then any Prisoner in your Condition can expect and I wish you had made a good use of it Keep to the Business say what you will Mr. Harrison My Lords thus There was a Discourse by one of the Witnesses that I was at the Committee preparing the Charge and that I should say Let us blacken Him The thing is utterly untrue I abhorred the doing of any thing touching the Blackning of the King There was a little Discourse between the King and my self The King had told me that He had heard that I should come privately to the Isle of Wight to offer some injury to Him But I told Him I abhorred the thoughts of it And whereas it is said that my Carriage was hard to Him when I brought Him to London it was not I that brought Him to London I was commanded by the General to fetch Him from Hurst-Castle I do not remember any hard Carriage towards Him Court Mr. Harrison You have said That you deny that of Blackning which the Witness hath sworn and somewhat else touching the King in His Way to London that the Witness hath sworn to also The Jury must consider of it both of their Oaths and your Contradictions If you have nothing more to say which tends to your Justification We must direct the Jury The end of your Speech is nothing but to infect the People Mr. Harrison You are uncharitable in that Justice Foster My Lords This ought not to come from the Bar to the Bench if you sally out thus about your Conscience If your Conscience should be a darkened Conscience that must not be the Rule of other mens Actions What you speak of that Nature is nothing to the Business If you have any thing to say by way of Excuse for your self for matter of Fact you may speak but if you will go on as before it must not be suffered Mr. Harrison The things that have been done have been done upon the Stage in the sight of the Sun Court All this is a Continuance of the Justification and Confession of the Fact We need no other Evidence Councel He hath confessed his Fact my Lords The matter it self is Treason upon Treason Therefore we pray Direction to the Jury Lord Chief Baron Mr. Harrison I must give Direction to the Jury if you will not go further touching the Fact Mr. Harrison My Lords I say what I did was by the Supreme Authority I have said it before and appeal to your own Consciences that this Court cannot call me to question Lord Chief Baron Mr. Harrison you have appealed to our Consciences We shall do that which by the Blessing of God shall be just for which we shall answer before the Tribunal of God Pray take heed of an Obdurate Hard Heart and a Seared Conscience Mr. Harrison My Lords I have been kept six Moneths a Close Prisoner and could not prepare my self for this Trial by Councel I have got here some Acts of Parliament of that House of Commons which your Lordships will not own and the Proceedings of that House whose Authority I did own Lord Chief Baron This you have said already If you shew never so many of that Nature they will not help you you have heard the Opinion of the Court touching that Authority They all unanimously concur in it Gentlemen of the Jury You see that this Prisoner at the Bar is Indicted for Compassing Imagining and Contriving the Death of our late Sovereign Lord King Charles the First of Blessed Memory In this Indictment there are several things given but as Evidences of it they are but the Overt-Acts of it The one is first that they did meet and consult together about the putting the King to Death and that alone if nothing else had been proved in the Case was enough for you to find the Indictment For the Imagination alone is Treason by the Law But beause the Compassing and Imagining the Death of the King is secret in the Heart and no man knowes it but God Almighty I say That the Imagination is Treason yet it is not such as the Law can lay hold of unless it appear by some Overt-Act Then the first Overt-Act is their Meeting Consulting and Proposing to put the King to Death The second is more open namely their Sitting together and Assuming an Authority to put the King to Death The third is Sentencing the King And I must tell you that any one of these Acts prove the Indictment If you find him guilty but of any one of them either Consulting Proposing Sitting or Sentencing though there is full Proof for all yet notwithstanding you ought to find the Indictment You have heard what the Witnesses have said and the Prisoner's own Confession Witnesses have sworn their sitting together and that he was one One swears he sate four times another twice some several times There are several Witnesses for this as Mr. Masterson Mr. Clark Mr. Kirk and Mr. Nutley And then you have another thing too which truly the Prisoner did not speak of Witness was given against him That he was the Person that Conducted the King this was before that which he would have to be done by a Legislative Power and that is another Overt-Act If a man will go about to Imprison the King the Law knows what is the sad Effect of such Imprisonment That hath often been adjudged to be an Evidence of Imagining and Compassing the Death of the King That man the Prisoner at the Bar it hath been proved to you did Imprison the King and it appears by his own
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
have to say my Lords L. C. Bar. You Gentlemen that are sworn of this Jury you see the Prisoner Mr. Scroop hath been indicted for imagining and contriving the death of his late Majesty of blessed memory King Charles the first You see there are several things in this Indictment the charge is the Imagining and compassing the death of the King In the Indictment there are several matters of fact to prove this Imagination The Imagination is the Treason the matters of fact to prove it are but the evidences of that imagination if any one of them be proved to you it is sufficient the one is consulting and meeting together how to put him to death the other Sitting and Assuming Authority to bring him to Tryal Then you have a Sentence by the Court to put the King to Death thereupon Afterwards he was put to Death Any one of these matters are Evidence enough for you to prove the Indictment for though the Indictment concludes that so they did Imagine and Compass the Death of the King and that the King was put to Death in manner and form as aforesaid the manner and form aforesaid goes to this To the imagination of the Heart for the Law did not think any one would put the King to death they thought it so a Crime they thought it not convenient to bring it into the Statute But the Compassing and Imagining the Death of the King is made Treason Then to apply it this Fact to the Gentlemen it appears to you here by the proofs against him Here is Mr. Masterson he swears he saw him sit in that pretended Court there was your Evidence of the first the first was their Meeting together and of the second too They did Assume Authority upon them and he swears further to the Sentencing That the Prisoner was there Here were the Three Overt-Acts all proved He confesses he did sign the Warrant for putting the King to Death This without any Witness at all was a sufficient proof a Proof of proofs The other Witnesses you hear what they say you hear Mr. Kirk M. Clark M. Nutley swear all to his Sitting there It is true when this comes to the particulars where he sate you must remember it was Twelve Years ago when a man sees a mixt number of about Eighty Persons it is impossible a man should be able to answer this particular after Twelve years where such a one sate but you may see by his Sentencing what he did They all witness they saw him positively and one tells you He wondered he saw him there and indeed it might be a wonder for Mr. Scroop to give him his right was not a Person as some of the rest but he was unhappily ingaged in that Bloody Business I hope mistakenly but when it comes to so high a Crime as this men must not excuse themselves by ignorance or misguided Conscience As to God for this Horrid Murther of the King somewhat may be but there is no Excuse or Extenuation before Man there may be I say before the Lord. You see the Proof is full against this Gentleman as full as may be Witnesses saw him Sit and he himself confessed he signed the Warrants I have no more to say to you but Gentlemen you see what it is I think for matter of Fact you need not go from the Bar but I leave it to you Scroop My Lord Lord Chief Baron Mr. Scroop If you have any thing to say when the Jury have brought in their Verdict if you will say any thing for matter of Mercy the Court will hear you Scroop I thank your Lordship The Jury went together and presently settled themselves in their places Clerk A. Scr. Hold up thy hand Look upon the Prisoner How say you Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or not guilty Jury Guilty Clerk What Goods and Chattels c. Jury None that we know L. Chief Bar. If you will say any thing the Court will hear you Scroop I have no more My Lord but refer my self to this Honourable Court. Clerk Set John Carew Tho. Scot John Jones and Gregory Clement to the Bar who were set accordingly And being Commanded they severally held up their hands Clerk These men that were last called c. Sir Tho. Allen Lay your hand on the Book Look c. Carew I Challenge him L. C. Bar. Are you all agreed as to your Challenges Pris No my Lord. L. C. Bar. Then we must do as before sever you and go to Tryal severally Take the Three away and let Mr. Carew stand at the Bar. Challenged Charles Pitfield Wille Will. Smiths Rich. Rider Edward Rolph James Shercroft Tho. Vffman Francis Beal Will Whitcombe Samuel Harris Jo. Nicol of Finchley George Rigth Tho. Fruen Ab. Newman Tho. Blithe Will. Vincent James Hawley Chr. Abdy Tho. Bide John Smith Abr. Scudamore Ralph Halsel John Galliard In all 23. Jury Sworn Robert Clarke Thomas Grover Rich. Whaley Sam. Greenhil Nicholas Raynton Tho. Winter Rich. Cheney John Kerk Rich. Abel Thomas Morris George Tirrey Thomas Swallow In all 12. If any man can inform my Lords the King's Justices c. Cler. John Carew hold up thy hand You that are sworn look upon the prisoner You shall understand c. Sir Edw. Turner May it please your Lordships our Hue and Cry still proceeds against the Murtherers of our late Sovereign Lord King Charles the First of blessed memory and this Gentleman the prisoner at the Bar is apprehended as one among others for shedding that pretious blood Gentlemen of the Jury he stands indicted before you For that he I cannot express it better not having the fear of God before his eyes but being seduced by the instigation of the Devil he did imagin and compass the death of his said late Majesty In prosecution of this Gentlemen there be several things that are mentioned in the Indictment which are the open acts to discover to you these secret and private imaginations He did meet and consult with divers persons touching the death of the King that did usurp and take upon them to exercise a Power and Jurisdiction to try the King and finally most horribly put him to death The Treason by the Statute of 25 Edw. 3. and which you are to enquire of is the imagination and compassing the death of the King the rest of the Indictment are but particulars to prove that he did so imagine and compass the death of the King If we shall prove these or any of these facts you have then sufficient to convict them There was a thing they called a High Court of Justice that was set up wherein they did intend to try our late Sovereign Lord and a precept made and that under the hand and seal of the prisoner at the Bar amongst others for summoning and convening that bloody Court where among the rest of the Miscreants the prisoner at the Bar did sit and had confidence nay impudence
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
demand that wicked Judgment before the Court pronounced it and he was the man that did against his own Conscience after he had acknowledged that he was a wise and gracious King yet says he That he must dye and Monarchy with him there in truth was the Treason and the cause of that fatal blow that fell upon the King This was his part to carry on how he did it as a wicked Counsellor we shall prove to you and the wages and reward of the Iniquity that he did receive James Nutley Sworn Councel Pray tell the Circumstances of the Prisoners Proceedings at Westminster Hall when he did exhibite a Charge against the King Mr. Nutley My Lords the first day of bringing his Majesty to his Tryal was Saturday Jan. 20. 1648. Before they sate in publick they that were of the Committee of that which they called the High Court of Justice did meet in the Painted Chamber which was in the forenoon of that day Being there I did observe that there was one Price a Scrivener that was writing of a Charge I stood at a great distance and saw him write and I saw this Gentleman the Prisoner at the Bar near thereabouts where it was writing I think it was at the Court of Wards This charge afterwards a Parchment writing I did see in the hands of this Gentleman the Prisoner at the Bar. A very little after that they called their names they did adjourn from the Painted Chamber into Westminster Hall the great Hall The Method that they observed the first thing was to call the Commissioners by name in the Act the pretended Act for trying the King was read that is when the Court was sat the Commissioners were called by their names and as I remember they stood up as their names were called The next thing was reading the Act for the trying of his late Majesty After that was read then this Gentleman the Prisoner at the Bar presented the Parchment Writing which was called the Impeachment or Charge against his Majesty Mr. Bradshaw was then President of that Court and so called Lord President he commanded that the Prisoner should be sent for saying Serjeant Dendy send for your Prisoner thereupon the King was brought up as a Prisoner and put within a Bar And when the Court was silenced and settled this Gentleman the Prisoner at the Bar did deliver the Charge the Impeachment to the Court and it was read The King was demanded to plead to it presently Here I should first tell you that upon the Kings first coming in there was a kind of a Speech made by Mr. Bradshaw to the King in this manner I â—hink I shall repeat the very words Charles Stuart King of England the Commons of England assembled in Parliament taking notice of the effusion of blood in the Land which is fixed on you as the Author of it and whereof you are guilty have resolved to bring you to a tryal and Judgment and for this cause this Tribunal is erected There was little reverence given to his Majesty then which I was troubled at he added this further That there was a charge to be exhibited against him by the Solicitor General I think this Gentleman was so called at that time and he called to him to exhibit the Charge and this Gentleman the Prisoner at the Bar did deliver an Impeachment a Parchment writing which was called a Charge against the King at that time which was received and read against him Coun. Did you ever see the Charge which was now shewn to Mr. Nutley Mr. Nut. My Lords I do believe that this is the very Charge I am confident it is the same writing I have often seen him write and by the Character of his hand this is the same Council Go on with your story Mr. Nut. My Lords immediately upon the delivery of this Charge of Impeachment which was delivered in the Kings presence after it was read the King was demanded to give an answer to it His Majesty desired to speak something before he did answer to the pretended Impeachment for so his Majesty was pleased to call it He did use words to this purpose saith he I do wonder for what cause you do convene me here before you he looked about him saith he I see no Lords here where are the Lords upon this Mr. Bradshaw the President for so he was called did interrupt his Majesty and told him Sir saith he you must attend the business of the Court to that purpose you are brought hither and you must give a positive answer to the Charge saith the King you will hear me to speak I have something to say before I answer after much ado he was permitted to go on in the discourse he was in so far as they pleased His Majesty said I was in the Isle of Wight and there I was treated with by divers honourable persons Lords and Commons a treaty of peace between me and my people the treaty was so far proceeded in that it was near a perfection truly saith he I must needs say they treated with me honourably and uprightly and when the business was come almost to an end then saith he was I hurried away from them hither I know not by what Authority now I desire to know by what Authority I was called to this place that is the first question I shall ask you before I answer the charge It was told him by Mr. Bradshaw the President that the Authority that called him hither was a lawful Authority he asked him what Authority it was the second time it was answered him by the President that it was the Authority of the Commons of England assembled in Parliament which he affirmed then to be the Supream Authority of this Nation the King said I do not acknowledge its Authority Authority if taken in the best sense it must be of necessity understood to be lawful therefore I cannot assent to that I am under a Power but not under an Authority and there are many unlawful Powers a Power that is on the high way I think I am under a Power but not under an Authority you cannot judge me by the Laws of the land nor the meanest Subject I wonder you will take the boldness to impeach me your lawful King To this purpose his Majesty was pleased to express himself at that time with more words to that purpose The King went on to further discourse concerning the Jurisdiction of the Court Bradshaw the President was pleased to interrupt him and told him several times that he trifled out the Courts time and they ought not to indure to have their Jurisdiction so much as questioned Court Pray go on Mr. Nutly This Gentleman at the Bar I did hear him demand the Kings answer several times a positive answer was required of the King the K. often desired to be heard and he interrupted him again and again several times and at length it was pray'd that the charge that was exhibited against him
might be taken pro confesso Court By whom Nutly By the Prisoner at the Bar if so be that he would not answer This my Lord is the substance of what I have to say against him Council Mr. Nutly pray what discourse have you had at any time with the Prisoner at the Bar concerning this impeachment Nutly Truly my Lord I knew the Gentleman well I was well acquainted with him and for the satisfaction of my own conscience for I was very tender in the business and sorry he was ingaged in it I went to him and did desire him to desist I had discourse with him for I was then a young Student in the Temple and had a little knowledge in the Laws I desired him to consider the dangerous consequences of such a proceeding I may say I did it with tears in my eyes for I had a very good respect to the Gentleman for his profession sake being learned therein truly my Lord he did answer me thus I acknowlegde it is a very base business but they put it upon me I cannot avoid it you see they put it upon me I had some discourse with him concerning the oath of Allegiance truly he was satisfied that this oath was against the business in question I saw he was troubled at it Council Can ye speak of the manner of calling for Judgement against the King Nutly That I have already answered to it was several times done the King was brought several times to the Bar and at every time he was brought he was pressed to answer whether Guilty or Not guilty Court By whom Nutly By the Sollicitor then the Prisoner now at the Bar. My Lord I remember his Majesty was pleased when he saw he could not be heard to the discourse that he did intend to make of the whole business saith the King if you will needs press me to an answer I must demur to your Jurisdiction my Lord the answer that was given to that was this Mr. Bradshaw there then President did say Sir saith he if you demur to the Jurisdiction of this Court I must let you know that the Court doth over-rule your demurrer this was said my Lord and Judgement was pressed very often Court By whom Nutly By the prisoner at the Bar. Cook My Lord may I ask him a question Court Yes Cook The first question is whether the Parchment was delivered by me unto the Court or brought into the Court by Mr. Broughton the Clerk Mr. Nutly I do encline to believe my Lord That it was brought into the Court and delivered by some hand or other to the Prisoner at the Bar I do beleive it was for I do remember it was written by one Price I was told that was his name that may be true I believe it was brought into the Court and delivered to the Prisoner now at the Bar. Council But did he exhibit it Nutly Yes my Lords Cook Did you see me set my hand to that Parchment N. No my Lords but I believe it to be his hand Cook Another Question whether Mr. Nutly did hear me say concerning the opinions of those Gentlemen what they intended to do in that business Nut. My Lords I do remember that I had often conference with the Gentleman at the Bar. I desired him to desist from the business considering the dangerous consequences of it truly my Lord I do well remember that he did say he did hope they did not intend to take away the Kings life said I if they go about any such thing do you use your utmost endeavour to preserve his life saith he I did labour to that purpose but they tell me they only intend to bring him to submit to the Parliament Cook It is said that I demanded Judgement of his life Mr. Nutly I demand of you whether I used the words of Judgement against his life but only I demanded their Judgement Nut. My Lords for that I cannot remember possibly to a syllable but Judgement was demanded Court By whom N. By this person Cook I said the judgment of the Court not against him I meant judgement for his acquital Court Did you ever hear him desire the Court that the Charge might be taken pro confesso N. That I have said my Lord it was urged by the Prisoner at the Bar against his Majesty That if he would not plead to the Charge that then the matter charged in it might be taken pro confesso But my Lord if you please to give me leave to add this one word more my Lord I did hear him say at that time he shewed me a paper that contained an order of the Court that did direct the very words that he should use when he came to deliver the Charge whether those words were in the order I do not know Cook Whether was I not directed by those Gentlemen the very words I should speak Court We are satisfied in that he saith by an order that you shewed him you were so directed If you have any thing more ask it him Mr. Farrington sworn Mr. Sol. Gen. Pray tell my Lords and the Jury what was the carriage of the Prisoner at the Bar at Westminster at the place they called the High Court of Justice Farringt My Lord I was present about the 20th of Jan. 1648. at that which they called the High Court of Justice and Mr. Bradshaw sat then as President so much as I remember concerning the Prisoner at the Bar I shall acquaint your Lorship This Gentleman at the Bar after the reading of the Commission and directions by the President to bring his Majesty the prisoner they called him to the Bar the King being brought after silence made and some speeches made by the President this Gentleman the Prisoner at the Bar having then a Parchment in his hand the substance of it was for levying War against the Kingdom he prayed that it might be read and accepted as a Charge in behalf of the good people of England It was accordingly read and afterwards being demanded to answer after his Majesty having given several reasons as to the Jurisdiction of the Court four days every day the Prisoner at the Bar demanded the judgement of the Court. And if his Majesty would not answer to the charge it might be taken pro confesso Coun. Do you know his hand if you see it Farring I have not seen his hand a long time Then the Impeachment was shewn to the witness Far. Truly Sir this is like his hand Coun. Do you believe it Far. It is very like it I do not know positively Coun. Did you hear the words pro confesso Far. Yes my Lord several times after the first day Coun. Did he interrupt the King in his discourse as to say these words that the Charge might be taken pro confesso Far. I do remember one day there was some interruption between the King and him the King laying his Cane upon his shoulder desiring him to forbear Cock You cannot say that
confesso was afflicted with the delays how angry he was when he was interrupted Is it not proved to you that he was at first against the thing and said it was a base business when he was engaged in it said that he was a Servant of the people of this Kingdome what doth he do at last when the thing had gone far he speaks that which is the only truth which I have yet heard from him He must dye and Monarchy then must perish with him from which Event good Lord deliver us Sir Edward Turner My Lord the substance of the defence that the Prisoner hath made at the Bar with much skill and cunning may be referred to two heads The first to the Statute of the 25 of Edward the 3. The second to the late Act of Oblivion for the first my Lord he saith that his fact is not comprized within that Statute saith he I did never conspire or imagine the death of the King nor did believe that would be a consequent of their actings It was expresly proved that himself did say that the King must die and Monarchy with him but Gentlemen though he had said true that it had not been proved or that he did not believe that would be a consequent yet my Lord I must tell you that every step of this Tragedy was Treason the summoning themselves that was Treason every proceeding upon that was Treason the summoning of their meetings in the Painted Chamber coming into Westminster-Hall every person as instrumental those that came to act the least part in that Tragedy were every one guilty of Treason what saith he I acted as a Councellour for my see It was that see that Judas had the 30. pieces of silver that made him hang himself He goes further and tells you there must be no semblable Treasons this is clear the conspiring and imagining the death of the King that 's the Treason that is mentioned in the Act Treason by the Common Law though this be not named the killing of the King yet all these proceedings are demonstrations to you there was a Secret Imagination to kill him Then to the Act of Oblivion his Argument is That because the Act saith that if they had Sentenced signed or been Instrumental in the death of the King that they should be excepted but it is not said or otherwise Instrumental that therefore this should refer to subsequent not precedent Acts that 's a strange Exposition take it Grammatically it hath the most large construction Instrumental more large than if they had said or otherwise for it doth comprehend every thing There having been so full an answer already I will be short I will not meddle with his civil debts but with his Political If a man kill another though he doth repent the Magistrate must do Justice in terrorem Though he doth repent I hope in God he doth so The Magistrates your Lordships must do Justice in terrorem I desire that Justice may be done upon that man He said it was no Treason to demand Justice against the King because he did but demand it I hope he will think it no unkindness in me to desire judgement against him because it is just Mr. Wadham Windham As I understand the Prisoner at the Bar the chief argument which he shelters himself under was his profession which gives a blast to all of us of the long robe I will not mince his arguments saith he here was a Court I was appointed Sollicitor and saith he for men to practise before those that have not a proper Judicature it is not Felony Murther or Treason I would not willingly mince his Argument and that I was appointed and the words dictated to me and a Councellor carrying himself within the compass of his profession is not answerable but if he will exceed his bounds his profession is so far from sheltring him that as it hath been opened it is very much an aggravation it is the duty of a Councellor to give Counsel if a man shall come to me and ask counsel and I shall counsel him to kill a man am not I accessary to that murder Words by his argument will not amount to Treason if the fact follows I am as guilty as if I did the fact in point of Treason it is all one as if I had done that very act If Mr. Cook did advise that Act or was instrumental he is as much a Traytor as the man in the Frock that did the Execution for his profession truly my Lord I do not think that a Counseller is always bound to know the patent of him that sits as Judge that will not be his Case here was no ordinary Warrant of Law to carry on Justice Grotius saith in case of necessity for carrying on Justice there may be many things allowed I pray where did Mr. Cook read of such a Court as a High Court of Justice there was never such a High Court of Justice read of in the Law then as this was a mock Court so under good favour it was a mock Jurisdiction Was there any Law under Heaven to put the King to death is it not out of the compass of all Courts whatsoever to do it and under good favour my Lord this is but to shelter a mans self under colour of Justice to do the most execrable Treason in the World I have no more to say to you Lo. Ch. Bar. I would repeat the Evidence and your answer to you if you have any thing new speak to it Cook This is new it was said by one that if there had been no charge there had been no sentence given in the Case I say that the Indictment or Charge is no part of the Tryal by the Statute of Magna Charta The Peers of the Land shall be tryed by Peers but are indicted by the Countrey I conceive by what they have said they do make me causal of the Kings death It is said in the Indictment there was a power I say this I did not assume any power it cannot be said if Council be come in to an unlawful power that he takes the power but stands with respect at the Bar. At Assises Judgement passes the Clerk of the Assises he is not instrumental in taking away life for that which Mr. Starkey should say that I should say The King must die and Monarchy with him I humbly beg that the Jury would take notice of what Mr. Nut. said that I told him there was no intention of taking away the Kingslife and besides it is but a single witness I hope there must be two witnesses in point of Law to convict a man of High Treason Lo. Ch. Baron Mr. Cook you said right but even now that if there was any thing in matter of Law which the Court knows of which may be of advantage to you they are of Council to you and so they ought to be Cook I think your Lordships L. Ch. Bar. I shall repeat the whole Evidence and
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
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
him upon what account these words were spoke Huncks My Lord it was this Cromwell having a Commission which I think I heard read here Colonel Hacker was reading of it My Lord Cromwell he comes to me and by Vertue of that Commission he would have me to write a Warrant for Executing the King I refusing to write that Warrant upon this which he speaks of that standing at the Door if God bless me I will search all the Doors at Whitehall but I will find it out I not doing it I said why should it be offered to me sayes Cromwell thou art a peevish Fellow Cromwell fell a writing assoon as ever he had done that writing he gave Hacker the pen what Hacker writes I know not and upon my refusing this prisoner at the Bar said Col. Huncks I am now ashamed of you The Ship is now coming into the Harbour and will you now strike Sayle before you cast Anchor Council You observe the course of this evidence there was a Warrant or Commission directed to three persons Hacker Huncks and Phaire for Execution of the King Cromwell demanded of this Gentleman Col. Huncks that he should sign a Warrant by Vertue of that other Warrant and this Gentleman refusing it the Prisoner objects this that he to save himself doth witness this against the Prisoner Gentlemen he did refuse the thing have you any thing to ask Col. Huncks Axtell He says Col. Phaire and Hacker were there I do not doubt but they will be so conscientious to vindicate me from all this Charge L. Ch. Bar. If it be any thing that tends to your defence that you will be heard afterwards but have you any Questions to ask Col. Huncks Axtell No more I know nothing of it if I were to dye at this Bar presently Council Sir Purback Temple pray tell my Lords and the Jury your knowledge of the carriage of this Gentleman touching the Tryal of his Late Majesty Sir P. Tem. My Lord being present and engaged by some persons of Honour Servants of his late Majesty to be present when that horrid Murther was acting before this Court of Justice as they called it I was present at all the Tryals of the King and very near him I heard the King demand from Bradshaw by what Authority and Commission they proceeded thus strangely to Try him Then I heard the Lady Fairfax and one Mrs. Nelson my Sister after the exhibiting of the charge in the Name of the Commons Assembled in Parliament and the good people of this Kingdom against Charles Stuart King of England I say I heard the said Lady cry out from a Gallery over the Court Not half the people it is false where are they or their Consents Oliver Cromwell is a Traitor Upon which I heard the Prisoner at the Bar cry out Down with the Whores shoot them which made me take the further notice of him seeing him in Westminster-Hall commanding the Souldiers there I saw him the most activest person there and during the time that the King was urging to be heard he was then laughing entertaining his Souldiers scoffing aloud whilst some of the Souldiers by his suffering and I believe procurement did fire powder in the palms of their hands that they did not onely offend his Majesties smell but enforced him to rise up out of his Chair and with his hand to turn away the smoke and after this he turned about to the people and smiled upon them and those Souldiers that so rudely treated him Then turning himself to Bradshaw said to him and the Court There are some sitting here fixing his Eyes upon some persons near Bradshaw that well knew that if I would have Forfeited or Betrayed the Liberties and Rights of the People I need not have come hither or words to this effect But their Liberties and Rights are dearer and nearer to me than my three Kingdoms nay than my life it self Therefore I desire you to hear me and remember that I am your lawful King that have done you many Acts of Grace and Favour After which this person Mr. Axtell Prisoner at the Bar commanded his Souldiers to cry out Justice which the Souldiers not readily obeying of him I saw him beat four or five of them with his Cane until they cried out with himself Justice Justice Execution Execution which made me turn to a Noble Lord by whom I then stood and said Pray my Lord take notice there is not above 4 or 5 that cry out Justice Justice I heard also of their spitting in the Kings Face and I think no bodies sufferings have been so like those of our Saviour Christ Jesus as his Majesties were After this this persons crying Justice Justice Execution Execution a second time the Court proceeded to pass a Sentence the which his Majesty pressed hard against and told him Sir before you pass that ugly Sentence which I very well understand you are intended to do I desire you to hear me hear me hear me passionately and not affectionately expressing it which they denying the King and the notice of Justice Justice Execution Execution being repeated they proceeded and read that ugly Sentence of Death after which his Majesty was immediately hurried away from the Bar into a common Cedan where he was carried by two common Porters which Cedan I followed to the middle of King's Street where I saw the two Porters in reverence go bare till the Souldiers under the Command of the Prisoner at the Bar beat them and would not suffer them to go bare when they carried him After this the people cried out What do you carry the King in a common Cedan as they carry such as have the Plague God deliver your Majesty out of such Enemies hands In which Street I was forced to leave the sight of his Majesty occasioned by the injuries and hurts I received in my person from the Souldiers under Axtel's command they carrying him through the Streets shouting in triumph A short time after I received an importuate command from a Lady of great Honour a Servant of his Majesties that I would endeavour to find out where the body of the Martyr'd King was and to give her an account where it then was Applying my self to Whitehall after two or threescore Intreaties I was denyed but understanding that money would do it I gave the persons then under the command of Mr. Axtell that then kept it to shew it me half a piece who in a scoffing manner took me by the hand said If thou thinkest there is any sanctity or holiness in it look here where I saw the Head of that blessed martyr'd King lie in a Coffin with his Body which smiled as perfectly as if it had been alive this is the sad account of the martyr'd King and this sad horrid Prisoner Mr. Axtell Axtell My Lord may I ask that Gentleman some Questions L. ch Bar. Yes yes Axtell My Lord He seems to say that I bid the Souldiers cry out for Justice he doth
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
business and to make people gaze upon you without any Ground Axt. I am upon my life I hope you will hear me patiently L. ch Bar. God forbid but we should Axt. I do desire to assert my Authority if any thing was done upon the House of Lords and Commons I do not come here to justifie their Actions I was not concerned in it My next Plea is this that if a House of Commons can be charged Guilty of High Treason as a community the distributive Body must needs be Guilty Court If there should have been 20 or 40 men come out of the House of Commons and should Murther a man they must answer for that it is not the community that can do such an Act of Treason these persons that you call a House of Commons there was but 26 of them and these must be the people this is the state of the case and when you have thrust out thrice the number of those remaining only those can serve your turn L. Annesly Mr. Axtell I am very sorry to see you in that place and it troubles me as much to hear you vent that for an Authority which you know your self was no Authority you would now for your defence for life and it is reason you should make as full a defence for life as you can you would shelter your self under that Authority which I am sorry I must say were one of the greatest Violators of you cannot forget how near a close of this bloody war by the mercy of God this Nation was when the Army interposed whose Trade it was to live by War when they had felt so much of the sweet of War they would not suffer the people to enjoy peace though the Lords and Representatives in Parliament had agreed to it A Treaty was begun terms of peace propounded and agreed to this you cannot forget and will have no need of Notes or Books to help your Memory when the people Groaned under the miseries of War and thirsted after Peace then came up the Army who were servants to the Parliament till that time taking upon them the Authority you cannot forget that your self was one of the number that came to offer accusations against the majority of the Commons House calling them Rotten Members the House of Lords was not then suffered to sit they would not joyn in that Ordinance that was preparing for the Tryal of the King when the Lords had refused they were no longer fit to be Lords neither then comes in a new Authority which we never heard of before a remnant of the House of Commons joyning with the Army that had driven away the greatest part of the House of Commons for in all Assemblies and Courts the major part must determine or no determination after this course was taken then is an Act set on foot they take upon them by Votes of their own to be the Parliament of England that the supreme power of the Nation is in the Representatives of the people who were they those few only that remained almost all the Cities Counties and Burroughs of England had none left to represent them they were driven away by Force then was this Act of Parliament such an Act as was never heard of before set on foot and passed as an Act by a few of the House of Commons if you can plead this for your defence this is the Act that you must shelter under But you know the Lords and Commons had Unanimously resolved for peace and so agree with the King if this Act will be any defence you may plead it to the full and this is all you have to say therefore go upon no Forreign matter Axt. If it please your Lordship that worthy Lord that spoke last is pleased to say that I was one of the persons that did accuse some of those Members of Parliament truly my Lord I never did come to the Commons Bar but once presenting a petition and for my hand either in charging any of the Members or Secluding any of them I never had any hand in that matter this is all to that part Next I Humbly conceive here I must ground my bottome and if I perish I perish by a Judgement in a Parliament My Commission that did Authorize me to obey my General was given me when the Lords and Commons sate in Parliament I had no other Commission then this my Lord Fairfax commanded the Army after the Kings Death by the like Commission I did but my duty in going to my Regiment the General saith go to such a place stay there if I refuse by the law of War I Dye if I obey I am in danger likewise I say my Commission was given me by the Lords and Commons and therefore I hope my Lord that what I have said and offered in that particular is not Truthless but of Weight Court The Effect of your Commission is only to make you an Officer Axtell My Commission bears date the 27th of March 1648. Ten months before the Kings Death we had no other Commissions therefore I humbly conceive the question will be this in point of law and I humbly desire it may be Truly and Fairly stated by your Lordship and these Honourable Jugdes that whether a man being guided by the Judgment of the Lords and Commons Assembled in Parliament and having declared their Judgments and Exposition of that Statute of the 25th of Edward the Third and Acting only by that Judgment of Parliament and under their Authority can be questioned for Treason That my Lord is a question that I do humbly think is a point in law and that you will please fairly and truly to state it whether I am within the compass of that Statute whereupon I am indicted Councel My Lord We do not charge him with any thing that he did Act under the colour of his Commission or with any thing he did before that but that which we charge him with are rhe Acts that he did at the Tryal of the King shew us your Commission from the Lords and Commons Assembled in Parliament for Tryal and Execution of the King you say something we do not charge him for any thing done by Vertue of that Commission but with those violent Acts that he did in encouraging the Souldiers to cry Justice Justice Execution Execution and all those other Violent Actions of his own malicious heart against the King We humbly beseech you he may answer to that which is the charge against him and that is the Compassing and Imagining the Death of the late King and his declaring that by those overt-acts that we have proved My Lords we desire that the Prisoner at the Bar may remember that he is not Indicted for levying War against the King if so then that Sir which you offer might be given as a Plea and we should have spoken to it but you are Indicted for Compassing and Imagining the Death of the King and that which we have given in Evidence
were the subsequent overtacts to prove the same Axtell I hope you will not think it much to give me some more freedom for my own defence for life My Lord I must needs say though there was a force on the Parliament I am not to justifie it I was no Lawyer no Statesman no Councellor but a Souldier and if the General who had a Commission from the Lords and Commons and that some years before and after the King's Death be not guilty of Treason what I did was by command from my General and though I am charged with being in Arms in Westminster-hall and at such and such a place yet it was not a Voluntary Act for I was bound to obey my General I do humbly pray that I may have your Lordships Judgment in this point I must say it was from the sense of their exposition of the Law and of the Statutes and from the Authority that every one took up Arms for and served them and obeyed either the one General or the other I say it was under this very Authority and this must needs acquit me from all the guilt that is laid upon me L. ch Bar. You put your self upon the Judgment of the Court upon this which you call a point in Law First it is manifest that there is no excuse at all for Treason no man by his Commission can warrant the doing of an Act which is Treason you must take notice of the Authority whether it be good or no your Commission was not to put the King to Death but on the contrary to preserve the Kings life The Lords and Commons what they did we do not meddle with the Reason and Ground of what they did was the preservation of the Kings Person as well as the maintenance of the Laws and Liberties of this Nation they made Protestations Declarations and Oaths for the preservation of the King's Person and you could not but take notice of those things Now whereas you go about to shroud your self under the Lord Fairfax he had no such Power and therefore you can challenge no more then he had and to what you say concerning the Judgment of the Parliament there will be a great deal of difference between a particular Case and a Declaration of Lords and Commons there is nothing you have said that hath any thing of Force and God forbid you should make use of it But I must tell you you could not but notoriously know all those Transactions that were in the Army what the Army had done that they came up with Swords in their Hands and turn'd out whom they would you saw what the Lords and Commons had done that the Treaty was ready for his Birth And then you come up with your Mermidons with Force and Arms and Exclude the greatest part of the Members and then the Lords were laid aside it is true the Lords were not wholly dissolved but they would not suffer them to Sit nor Act at all and this was apparent to the Nation If men under colour and pretence of such things Namely that a few persons for so they were but an Eighth part of the House of Commons permitted to remain and of that Eighth part which was but 46 in the whole there were but 26 that Voted that Act which you say you obeyed but you say you obeyed the General you were not to obey the General in this Case for the Facts that you have committed are not charged as Acts of War you are not charged for bringing the Souldiers in but for those Violent Actions that you were guilty of there you made the Souldiers cry out Justice Justice Execution Execution you sent officiously for a Hang-man to come down to you your Commission gave you no power for this the Death of the King you know how it was designed you know the Act for the bringing in of that Commission as they call'd it to sit in justice was after the House of Commons was reduced to a very small Number and some of those dissenting too what you did Act under that Authority if you can justifie it in the Name of God say so but do not Engage the Nation in those things which they abhorred and by the mercy of God are laid asleep Mr. Justice Foster You begin at the wrong End you ought as all men ought to do First to answer the matter of Fact and not to put in these long dilatory Pleas till you have answered the matter of Fact whether those things charged on you be true or not then if you have any thing further to say for your self by way of excuse it will be the time to speak and not before Axt. May it please your Lordships I humbly conceive I am upon that method to the first part of the witness they accuse me for commanding my Souldiers in Westminster-hall then I must prove my Authority which I have been about to do and declared the Judgment of Parliament L. ch B. The Court have heard you with a great deal of patience and that which is not at all to the business Axtell I only refer this as to the Authority I humbly conceive you will give me leave to insist upon this and how far I may improve it for my own defence here is the Commission by which my Lord Fairfax acted and that after the King's Death and I acted by the same Authority he did I had not been at Westminster-hall but on the command of the General Court Doth that Commission Authorize you to cry Justice Justice and to look up and down to get Witnesses against the King is that in your Commission Axt. I am to serve and obey all my Superior Officers that is my Commission if I do not I die by the Law of War Court You are to obey them in their just commands all unjust commands are invalid If our Superiors should command us to undue and irregular things much more if to the committing of Treason we are in each Case to make use of our passive not active Obedience Axt. Under Favour it is not proved that I did either Compass or Imagine the King's Death that is matter of Fact Court Let us try that Axt. My Lord I did nothing but as a meer Souldier I had Authority from the General I would leave this before your Lordships and the Jury that what I have done hath been by Authority of the Genetal L. Hollis Sir a word to you If you could satisfie the Court that you had received a Commission from the General to do those things with which you stand charged it were something then were it proper for you to plead it and the Court to judg Pray take this along with you the General gave you no such command what you are charged with in the Indictment is for Compassing and Imagining the Death of the King and that by such and such overt acts as making your Souldiers cry out Justice and Execution for being active and forward in sending for the
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
the contrary I leave it upon the consciences of the Jury to weigh it carefully how I could be guilty of Compassing or Imagining the Death of the King when nothing is charged against me to be either of Counsel Sentencing or Signing or to be at the Execution only one man as I told you before he spoke something wrathly and that he had suffered much and therefore he is come over now and saith I should send for the Executioner which I never knew of or had any hand in sending for how much validity that hath I leave to the Jury if it were so it is not treason for words may make a Heretick not a Traytor I speak that by way of preface I do humbly conceive that these being only noted words Execution and Justice the King not so much as named nor any thing done to it by me I say I conceive it doth not amount to Treason by the Law and besides it is against the Law of the great Judg the Judg of Judges all of us that are now and are to come shall stand before him to receive our deserts I say it is against the Law of God to make me an Offender for a word for a word I have heard the Judges say that the Laws of England are grounded upon the Laws of God and the Laws of England are Laws of mercy not of rigour My Lord if a man shall be destroyed in his Life in his Posterity for a word admit the thing had been so I leave upon the consciences of my Jury before the presence of Jesus Christ and before whom they and I must come to be rejudged again at the Tribunal and besides it is only words and words uncertain and Sir Edward Cook saith he must declare plain truth in matter of Treason nothing must be taken for Evidence that may be a presumption or inference or strain of wit I hope upon this consideration that the word Justice fixed upon me by two Witnesses may be taken up at second or third hand from the People or Souldiers by chastising them for the Tumult Then my Lord in the next place these words were never put in writing and so not Treason then my Lord there was never an overt act done by me for that Act of Indemnity that his Majesty and both Houses of Parliament passed wherein they were pleased the very last to except me I wonder'd when I came to be excepted of that number I do come back to the place where I left and that is the overt act My Lord I would only bring it in in this place when I was excepted by the House of Commons one of the twenty I was excepted thus not extending to life I went up and down free at noon day I did not hide my self ingaging a person that was one of his Majesties Servants to do me a courtesie he promised me he would do it and contrary to his promise he was pleased to bring the Kings Warrant to carry me to the Tower and after that I came to be excepted with that black Catalogue of excepted persons and to be brought to the Tryal of the Law Now my Lord I return to that overt act as it was but words uncertain and they may be words repeated from the third or the fourth hand for they were not put in writing according to that Act of Indemnity which I understand the meaning of to be thus That for their Execrable Treasons in Sentencing Signing or otherwise Instrumental they are excepted out of this Act and to be Tryed according to the Laws of this Nation I understand that to be Instrumental to be Instrumentally the Executioner of the King I never had any hand in that Upon the whole this is the Fact that is proved by two Witnesses they heard me say Justice and Execution which must relate to the Execution of Justice which by the Law of God is not Treason especially when there was not the word King for a word to take away and destroy so many my Life Wife Children and many Fatherless that are under the Charge of the Prisoner at the Bar is very sad the words I do not grant but upon such probabilities as I have said I might repeat them I will Justice you I will Execution you and then the words were not written I say as Sir Edw. Cook said they may make a Heretick but not a Traytor the other part of the Evidence is this that I was there with Souldiers at Westminster-Hall I must say if that be Treason to be guided by Judgment of Lords and Commons in Parliament I must say if that be Treason to take up Arms for a Parliament upon such Grounds and Expositions of the statute which they have made and published by their own Authority if I am Guilty under the General then the Parliament would be guilty of Treason L. Ch. Bar. That you have spoke to I am loath to interrupt you Axt. I thank your Lordships for informing me but I was commanded to be there by my General if I had not gone I must have dyed I did only stand there for preservation of the peace in no other sense if the General order me to be at such a Rendezvous I must be there if I disobeyed he would have condemned me by the Law of War The next thing against me material are these two things that is that I should send one Elisha Axtell for the Executioner I must say it is most Admirable such things should be laid to my charge I hope your Lordships and the Jury do observe he told you he suffered much and a poor man under his extremities and losses and sufferings perhaps might start some unadvised words and being now sent over may ascertain it But doubtless this Elisha Axtell being in Ireland if by command it had been so would have been sent over truly I must say I had no hand in the business it was left wholly to them amongst themselves and what ever was done or whatever was said it was said and done by them I never was acquainted with any thing of that nature he said he heard I should send Elisha Axtell for an Executioner if hearsays may be Treason it will be a hard Lesson and my Lord Sir Edw. Cooke saith there must be two witnesses here is but one It comes from such a man my Lord as the providence of God but I will say no more as to that but pray the Jury will take notice of it L. Ch. Bar. You need not doubt of it it shall be taken notice of this of Burden Axt. Now my Lord I have but two or three words more the Statute of the 25th of Edward the Third it doth intend private persons my Lord here is my Commission L. Ch. Bar. It is owned you had it from your General Axt. My Lord his Majesty is pleased to say in his Gracious Letter We do by these presents declare That we do grant a free and General Pardon to all our Subjects of
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
ask Col. Huncks whether I read this Warrant or no. L. ch B. This is all you have to say for your self Hacker Yea my Lord. L. ch B. Then Col. Hacker for that which you say for your self that you did it by coommand you must understand that no power on earth could Authorize such a thing No command in such a case can excuse you There is a twofold obedience a passive obedience to suffer rather than do things unlawful and an Active obedience to do that only which is lawful and therefore this will not excuse your obedience to those unlawful commands Gent. of the Jury you see the Prisoner at the Bar stands indicted for compassing and imagining the death of the late King and there are several open Acts set forth in the indictment which tend to prove that matter one is assembling and meeting together another is sitting upon the King another sentencing and at last concludes with the murther of the King as the consequence of all Any thing that tends to the proving of this compassing and imagining his death in any one of these particulars that is an evidence to you to prove the whole indictment This Gentleman was Commander of Halberteers Col. Tomlinson saith that though he kept the Guards that were about the Kings person this Gentleman with two other persons brought Halberteers that there might not be such frequent access as formerly to the King there is one Act. He commands these Halberteers at that time when the business was in agitation before that High Court as they called it You see after the sentence was given that he was one of the persons to whom the Warrant for Execution was directed you see afterwards there was a consulting together Cromwel Ireton Harrison and Axtel were in the Chamber when Col. Huncks refused to sign the prisoner signed the Warrant but knows not the person to whom it was directed you see besides Col. Tomlinson's testimony who saith further that when they were discharged Col. Hacker went in and the King was brought out presently after to that fatal place Col. Huncks swears that when that Warrant was offered to him he refused it that Hacker the Prisoner at the Bar signed a Warrant though he doth not remember the name of the person to whom it appears by two Witnesses honourable persons he confessed he signed it but he did not know the person to whom directed You see another Witness Benjamin Francis he saith he saw Hacker upon the Scaffold with the King He doth not deny the fact you need go no further it is very plain he had a hand in this business a principal agent in it he that brought the King to the Scaffold he that had the care in managing that business he that signed the Warrant to the Executioner either he is guilty of compassing the death of the King or no man can be said to be guilty The Jury went together and after some little consultation returned to their places Clerk of the Crown Gentlemen of the Jury are you agreed on your Verdict Jury Yes Clerk Who shall say for you Jury Our Foreman Clerk Francis Hacker hold up thy hand Gentlemen look upon the Prisoner at the Bar how say you is he guilty of high Treason whereof he stands indicted and hath been arraigned or not guilty Foreman Guilty Clerk Look to him Keeper Clerk What Goods and Chattels c. Jury None that we know of The Tryal of William Hulet 15. Octob. 1660. CLerk of the Crown Set William Hulet to the Bar who was brought accordingly William Hulet alias Houlet hold up thy hand Those persons that were last called of the Jury are to pass c. If you will challenge them or any of them you must challenge them when they come to the Book before they be sworn L. Ch. Bar. Understand you have power to challenge five and thirty men and not above You may challenge them without cause shewn If you have cause for any other you may challenge them also If you will have Pen Ink and Paper you may have them Hulet Truly my Lord I cannot Write but a very little I shall not need them I did not understand my Indictment well I desire to hear it again L. Ch. Bar. You will hear it read again Clerk Sir Thomas Allen Sir Henry Wroth Thomas Bide Robert Sheppard Thomas Morris Ralph Halsal John Gallyard John Nicoll Thomas Vfman Christopher Abdy William Dod in all twelve Jury called and sworn Cl. of the Cr. Will. Hulet alias Houlet hold up thy hand You Gentlemen that are sworn look upon the Prisoner Cl. You shall understand that he stands indicted of high Treason by the name of Will. Hulet alias Howlet late of Westminster in the County of Middlesex Gent. for that he as a false Traytor c. here the indictment was read Unto which indictment he hath pleaded not guilty and for his Tryal hath put himself upon God and the Country which Country you are Now your charge is to inquire c. Sir Edward Turner May it please your Lordships and you Gentlemen that are sworn of this Jury we are now entering upon the last Act in this sad tragedy of the Murther of the late King there have been before you some of the Judges the Councel the Chaplain and the Guard this Prisoner at the Bar in the last place was one of those which came with a frock on his body and a vizor on his face to do the work The course of our evidence will be this first we shall prove by witnesses that saw him and knew him that he was thus disguised he hath confest that he was upon the Scaffold that he hath had several preferments and I fear it will appear that it was he that gave that fatal blow for he hath confessed he had an hundred pounds given him for his service therein and we doubt not but to pluck off his vizor by and by The indictment is for compassing and imagining the death of his late Majesty of glorious memory if we prove to you any circumstantial overtact whereby you shall be convinced of this you are to find him guilty Richard Gittens sworn Councel Mr. Gittens tell my Lord and the Jury what you know touching the prisoner at the Bar. Gittens The thing is this my Lord this Gentleman at the Bar and my self were both in a Regiment in one company as Serjeants about twelve or thirteen years together About a day or two before the King came to the Scaffold Colonel Hewson did give notice to a Lieutenant that we should come to him about 38 of us and he put us all to our Oaths that we should say nothing of what they did he swore us to the book after he had sworn us he asked us if we would undertake to do such an Act if we would we should have an hundred pounds down and preferment in the Army as long as that stood and the Parliament Afterwards we refused every person we thought Captain
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
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
there may be a favourable construction made of it I humbly leave it with you I did my Duty to pray for the King but had no malice to act willingly against him Clerk Henry Marten Counsel He did both sign and seal the Precept for summoning the Court and the Warrant for Execution sat almost every day and particularly the day of Sentence Marten My Lord I do not decline a confession so as to the matter of Fact the malice set aside maliciously murderously and traiterously Counsel If you have any thing to say to that we will prove it L. Ch. Baron That I may inform you in it there is malice implied by Law malice in the Act it self that which you call malice that you had no particular intention or design against the King's Person but in relation to the Government that will not be to this present business if it should extenuate any thing that would be between God and your own Soul but as to that which is alledged in the Indictment Maliciously Murderously and Traiterously they are the consequences of Law If a Man meet another in the Street and run him through in this case the Law implies malice though but to an ordinary Watchman there is malice by the Law in the Fact if there was no such expressed personal malice as you conceive yet the Fact done implies malice in Law Mr. Solicitor General My Lord He does think a Man may sit upon the death of the King sentence him to death sign a Warrant for his Execution meekly innocently charitably and honestly Marten I shall not presume to compare my knowledg in the Law with that of that Learned Gentleman but according to that poor understanding of the Law of England that I was capable of there is no Fact that he can name that is a Crime in it self but as it is circumstantiated Of killing a Watchman as your Lordship instanced a Watchman may be killed in not doing his Office and yet no murder Lord Chief Baron I instanced that of a Watchman to shew there may be a malice by Law though not expressed though a Man kill a Watchman intending to kill another Man in that case it is malice in Law against him so in this case if you went to kill the King when he was not doing his Office because he was in Prison and you hindred him from it the Law implies malice in this It is true all Actions are circumstantiated but the killing of the King is Treason of all Treasons Justice Foster If a Watchman be killed it is murder it is in contempt of Magistracy of the Powers Above the Law says that contempt adds to the malice Counsel We shall prove against the Prisoner at the Bar because he would wipe off malice he did this very merrily and was in great sport at the time of the signing the Warrant for the King's Execution Marten That does not imply malice Ewer sworn Councel Come Sir you are here upon your Oath speak to my Lords and the Jury you know the Prisoner at the Bar very well you have sometimes served him Were you present in the Painted Chamber January 29. 1648. at the signing the Warrant the Parchment against the King Ewer The day I do not remember but I was in that Chamber to attend a Gentleman there I followed that Gentleman looking at Mr. Marten I followed that Gentleman into that Chamber L. C. Baron After what Gentleman Ewer Mr. Marten my Lord I was pressing to come near but I was put off by an Officer or Souldier there who told me I should not be there I told him I was ordered to be by that Gentleman My Lord I did see a Pen in Mr. Cromwel's hand and he marked Mr. Marten in the face with it and Mr. Marten did the like to him but I did not see any one set his Hand though I did see a Parchment there with a great many Seals to it Sir Purback Temple sworn Counsel What do you know of that Gentleman in his carriage of this Business Sir Purback Temple My Lords I being present in Town when that horrid Murder was contrived against the late King there came some Persons of Honour Servants to the late King to my Father's House Sir Edward Partridge to engage me to join with them to attempt the King's escape In order whereunto they told me nothing would tend so much to his Majesty's Service as to endeavour to discover some part of their Counsels for that it was resolved by Cromwel to have the King tried at the High Court of Justice as they called it the next day and desired me if possible to be there to discover their Counsels whereby the King might have notice and those that were to attempt his escape In order whereunto the next day by giving Mony to the Officer of the Painted Chamber I got in by day light in the Lobby to the Lords House I espied a Hole in the Wall under the Hangings where I placed my self till the Council came where they were contriving the manner of trying the King when he should come before them and after the manner of praying and private consults amongst themselves when their Prayer was over there came news that the King was landed at Sir Robert Cotton's Stairs at which Cromwel run to a Window looking on the King as he came up the Garden he returned as white as the Wall returning to the Board he speaks to Bradshaw and Sir Henry Mildmay how they and Sir William Breerton had concluded on such a Business Then turning to the Board said thus My Masters He is come He is come and now we are doing that great Work that the whole Nation will be full of Therefore I desire you to let us resolve here what answer we shall give the King when he comes before us for the first Question that he will ask us will be By what Authority and Commission do we try him To which none answered presently Then after a little space Henry Marten the Prisoner at the Bar rose up and said In the Name of the Commons and Parliament assembled and all the good People of England which none contradicted so all rose up and then I saw every Officer that waited in the Room sent out by Cromwel to call away my Lord such a one whose Name I have forgot who was in the Court of Wards Chamber that he should send away the Instrument which came not and so they adjourned themselves to Westminster-Hall going into the Court of Wards themselves as they went thither When they came to the Court in Westminster-Hall I heard the King ask them the very same Question that Cromwel had said to them Mr. Solicitor Gentlemen the Prisoner at the Bar confesses his Hand to the Warrant for Executing the King you see by his Servant how merry he was at the sport You see by his Witness how serious he was at it and gave the foundation of that Advice upon which they all proceeded and now he
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
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
Countrey-man I was glad to hear of your great penitence for that horrid crime and I would have been glad to have seen it now advise with your self whether you do your self any good in speaking to extenuate when you know there is no man against whom there are such circumstances of aggravation as against you consider whether a publick penitence would not be more proper Waller I beseech you report me both to his Majesty and Parliament and receive me into your grace as being penitent truly penitent To say so now were a small thing for the fear of the punishment may procure it but I have been more penitent when no eye hath seen me but God when I never imagined to be questioned for this sin then my heart hath yerned in the business but I shal not trouble your Lordships God holds forth Mercy his Majesty holds forth Mercy the Parliament holds forth Mercy My Lords let me say something to you though it be but a word of the violence and force of temptation you may have been under it or may come to it Christ himself was under it we find that faithful Abraham by the power of a Temptation delivered up his wife to commit Adultery which scarce a Heathen would we finde that valiant Peter denied his Master righteous Lot committed incest None abhors this fact more then I do I have done it so long beforehand I need not be afraid to speak it in the face of the Judge of all men that is all I shall say I rendred my self three times I had as much opportunity to make my escape as any person whatsoever Lord Chief Baron It is understood Sir Hardress Clerk Isaac Pennington hold up thy hand thou art in the same condition as the former what canst thou say for thy self why judgment c. Pennington My Lord I have said what I have to say and shall not trouble your Lordships any further Clerk Henry Marten hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Marten I claim the benefit of the Proclamation Clerk Gilbert Millington hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Millington I shall not trouble you with long discourses I will say no more but this I have made a publick resentment of my sorrow for this offence formerly and many times I shall now desire no more but humbly beg that I may have the benefit of the Proclamation and pray his Majesties most gracious Pardon Clerk Robert Tichborne hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c Tichborne My Lord I will not trouble you with any repititions I have made my humble request before I leave it with you Clerk Owen Roe hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Roe My Lord I have no more to say then I said before Clerk Robert Lilburn hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Lilburn I shall refer my self without further trouble to the Court my Lord I beg the benefit of the Proclamation Clerk Thomas Waite hold up thy hand Thou art in the same condition what canst thou say for thy self why Judgment c. Waite I can declare no more than what already my heart is sorry for what I have done I beg the benefit of the Proclamation Clerk Edmond Harvey hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Harvey My Lords I have no more then what I have said before Clerk John Downes Hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Downes I shall not trouble you any further I shall desire the benefit of his Majesties Proclamation Clerk Vincent Potter hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Potter My Lord I do not know Law I understand it not I am not in a condition to speak what I would have willingly spoke I desire that God would have mercy and I look for mercy from God and wept Clerk Augustine Garland Hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Garland I humbly desire your Lordships charitable opinion of me notwithstanding what has been objected against me I humbly refer my self to the Parliament Clerk George Fleetwood hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Fleetwood My Lord I have already confessed the fact I wish I could express my sorrow and wept Clerk James Temple hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. I. Temple My Lord I can say no more I beg the benefit of the Proclamation Clerk Simon Mayn hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Mayne I have told you before my Lord I have no more Clerk Peter Temple hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Peter Temple My Lord I came in upon the Proclamation and I humbly beg the benefit of it Cl. Tho. Waite hold up thy hand thou art in 〈◊〉 same condition what canst thou say for thy self Waite My Lord I refer it to your Lordships Clerk Francis Hacker hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Hacker My Lord. I have nothing to say but what has been before your Lordships Clerk Daniel Axtel hold up thy hand thou art in the same condition what canst thou say for thy self why Judgment c. Axtell May it please your Lordships my case differs from the rest of the Gentlemen L. Ch. B. I would be loth to hinder you but I must tell you that what hath been over-ruled must not be spoke to if you have any thing against the Indictment matter of Law go on Axtell I have one thing more that I did not then mention L. Ch. B. If it tend not as an exception to the Indictment it is not to be heard Axtell My Lord then I shall apply my self to that point I humbly conceive my Lord that my overt acts were not sufficiently set down in the Indictment as might be sufficient in Law to attaint me of high Treason I do not remember that the Overt act that was applyed to me in evidence was charged in the Indictment I have onely that exception because of the insufficiency of that point In the next place my Lord there is not the right additions to my name there are many persons of the same name I am arraigned by
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
themselves an Authority to make Laws which was never heard before Authority to make Laws What Laws a Law for an High Court of Justice a Law for lives to sentence mens lives And whose Life the Life of their Sovereign upon such a King who as to them had not only redressed long before at the beginning of the Parliament all Grievances that were and were imaginable taken away the Star-Chnmber High-Commission-Court and about Shipping such a King and after such Concessions that He had made in the Isle of Wight when He had granted so much that was more than the People would have desired When these few Commons not onely without but excluding the rest of the Commons not onely without but excluding the rest but rejecting the Lords too that then sat when these few Commons shall take upon them this Authority and by colour of this their King Soveraign Liege Lord shall be sentenced put to Death and that put to Death even as their King and sentenced as their King put to Death as their King and this before His own Door even before that Place where He used in Royal Majesty to hear Embassadors to have His Honourable Entertainments that this King shall be thus put to Death at Noon-day it is such an Aggravation of Villany that truly I cannot tell what to say No story that ever was I do not think any Romance any Fabulous Tragedy can produce the like Gentlemen If any Person shall now come and shroud himself under this pretended Authority or such a pretended Authority you must know that this is so far from an Excuse that it is an Height of Aggravation The Court of Common-Pleas is the Common Shop for Justice in that Court an appeal is brought for Murther which ought to have been in the King's Bench the Court gives Judgment the Party is condemned and executed in this Case it is Murther in them that executed because they had no lawful Authority I speak this to you to shew you that no man can shroud himself by colour of any such false or pretended Authority I have but one thing more to add to you upon this head and that is which I should have said at first If two or more do compass or Imagine the King's Death if some of them go on so far as to Consullation if others of them go further they sentence and execute put to Death in this Case they are all Guilty the first Consultation was Treason I have no more to add but one Particular a few Words As you will have Bills presented against those for Compassing Imagining Adjudging the King so possibly you may have Bils presented against some of those for Levying War against the King Levying of War which is another Branch of the State of 25th of Edward the Third It was but Declarative of the Common Law it was no new Law By that Law it was treason to Levy War against the King But to levy War against the Kings Authority you must know is Treason too If men will take up Armes upon any Publick pretence if it be to expulse Aliens if but to pull out Privy Councellours if it be but against any Particular Laws to reform Religion to pull down Enclosures in all these cases If Persons have assembled themselves in a Warlike manner to do any of these Acts this is Treason and within that Branch of Levying War against the King This was adjudged in the late Kings Time in Berstead's case Queen Elizabeth's Henry the Eighth's former Times King Jame's Time much more 〈◊〉 men will go not onely to Levy War against the King but against the Laws all the Laws subvert all the Laws to set up new Laws Models of their own If any of these cases come to be presented to you you know what the Laws are To conclude you are now to enquire of Blood of Royal Blood of Sacred Blood Blood like that of the Saints under the Altar crying Quousque Domine How long Lord c. This Blood crys for Vengeance and it will not be appeased without a Bloody Sacrifice Remember but this and I have done I shall not press you upon your Oaths you are Persons of Honour you all know the Obligation of an Oath This I will say that he that conceals or favours the guilt of Blood takes it upon himself wilfully knowingly takes it upon himself And we know that when the Jews said Let his blood be on us and our seed it continued to them and their Posterity to this day God save the King Amen Amen His Lordships Speech being ended Thomas Lee of the Middle-Temple London Gentleman was called to give in the Names of his Witnesses The names of the Witnesses then and there sworn follow William Clark Esq James Nutley Esq Mr. George Masterson Clerk George Farringdon Hercules Huncks Dr. William King Martin Foster John Baker Stephen Kirk Richard Nunnelly John Powel John Throckmorton John Blackwel Ralph Hardwick Thomas Walkley Gentleman Holland Simpson Benjamin Francis Colonel Matthew Thomlinson Griffith Bodurdo Esq Samuel Boardman Robert Carr Esq Richard Young Sir Purbock Temple John Rushworth Esq John Gerrard John Hearn Mr. Coitmore Mr. Cunningham Mr. Clench Willinm Jessop Esq Edward Austin Darnel Esq Mr. Brown Thomas Tongue John Bowler Mr. Sharp Mr. Lee. Robert Ewer John King Edward Folley Mr. Gouge Anthony Mildmay Esq The Grand Jury returned the Indictment Billa Vera. Court adjourned to the Old-Bailey 10th of October The 10. of October 1660. SIR John Robinson Knight Lieutenant of his Majesties Tower of London according to his Warrant received delivered to Mr. Sheriff the Prisoners hereafter named who were in several Coaches with a strong Guard of Horse and Foot conveyed to Newgate and about nine of the Clock in the Morning delivered to the Keepers of that Prison and thence brought to the Sessions-house in the Old-Baily London where the Commissioners of Oyer and Terminer were in Court assembled and where their Indictment was publickly read by Edward Shelton Esq Clerk of the Crown Sessions-House in the Old-Baily 10. October 1660. THE Court being Assembled and Silence commanded the Commission of Oyer and Terminer was again read After which Sir Hardress Waller Collonel Thomas Harrison and Mr. William Heveningham were brought to the Bar and commanded to hold up their Hands which Sir Hardress Waller and Mr. Heveningham did but Harrison being commanded to hold up his Hand answered I am here and said My Lord if you please I will speak a Word Court Hold up your hand and you shall be heard in duetime Mr. Harrison the course is That you must hold up your hand first And then he held up his hand The Indictment was read purporting That He together with others not having the fear of God before his Eyes and being instigated by the Devil did Maliciously Treasonably and Feloniously contrary to his due Allegiance and bounden Duty sit upon and condemn our late Soveraign Lord King Charles the First of ever Blessed Memory and also did upon