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.
compass of it according to his Royal Word and Honour in it you will have the benefit of it but it is not a Plea in Law but it must be a Pardon under Seal whatsoever concerns that Proclamation will be considered It is nothing to the matter whereupon the Jury are to go Lord Chief Baron Gentlemen of the Jury you see the Prisoner Tho. Scot stands Indicted for Compassing and Imagining the death of our Dread Soveraign King Charles the First of most glorious and blessed memory He is Indicted for Compassing and Imagining his death there is the Treason and what is set afterwards in this Indictment is only to manifest this Compassing and Imagining because that being in the heart alone without some overt Act no body can prove it There are several overt Acts laid in the Indictment one is A Trayterous consulting and meeting together how to put the King to death Then a sitting upon the King as a Prisoner being before them about his life and death The third is Sentencing to death that which followed is That he was Murthered If any of these acts should be proved the Indictment is proved for the proof there are several Witnesses have fully proved that he did sit there several times particularly upon Jan. 27. which was the day of the Sentence That he did sit there all of them agree to that It is true as to the Circumstance where he sate one Gentleman saith he sate in the second Row on the left hand of Bradshaw you well remember it is 12. years ago how any man upon the view and after so long a distance of time should he able to remember in what posture one man was from the rest I think neither you nor I can remember Here is one proved to you that he did sign that Warrant for Executing the King he saith How can another know his Hand You see what the Witnesses say they knew it a man can prove nothing more of another mans Hand than that unless they see it written there is nothing to put upon you but his words You see what words are aggravated against Mr. Scot Whereas he saith It is a breach of the Priviledges of Parliament if it were so it is nothing to this Fact though another man should break the priviledges of Parliament it is nothing to you but besides it is not a breach of the priviledge of Parliament You have heard the Witnesses what they have said against him Mr. Lenthall swears that he did speak at large fully in owning that business of the Kings death The rest swear positively to the same effect and that at several times What was that He gloried in it defended it and said He could wish it were Engraven on his Tomb stone he hath denyed this that the Witnesses have proved That which is lest to you is whether upon all this matter that you have heard Whether the Prisoner at the Bar is Guilty of Compassing and Imagining the Kings death and so go together After a little Consultation together they setled in their places again Clerk Tho. Scot hold up thy hand Look upon the Prisoner at the Bar How say you is he Guilty of the Treason whereof he stands Indicted or not Guilty Jury Guilty Cl. Look to him Keeper Cl. You say the Prisoner is Guilty c. and so you say all Jury Yes Cl. Set Mr. Scot aside Clerk Set John Jones and Gregory Clement to the Bar. Which was done accordingly Thereupon the said Gregory Clement preferred his Petition to the Court. Indictment read against them both Lo. Ch. Bar. If you do confess your Offence your Petition will be read Clem. I do my Lord. Lord Ch. B. Mr. Clement if you do confess that you may understand it you must when you are called and when the Jury are to be charged You must say if you will have it go by way of Confession That you Wave your former Plea and confess the Fact Clerk Gregory Clement you have been Indicted of High Treason for Compassing and Imagining the death of his late Majesty and you have pleaded not Guilty Are you contented to wave that Plea and confess it Clem. I do confess my self to be Guilty my Lord. Clerk Set him aside Clkek John Jones hold up thy hand These men that were last called c. if you will Challenge all or any of them you must Challenge them when they come to the Book and before they are sworn Jones I confess I sate amongst them some days but not maliciously contrived the death of the King Coun. He is troubled at the Form he confesseth the Matter That he was there sitting in the High Court of Justice If he will not confess it he knows we can prove his Hand and Seal to that bloody Warrant He is troubled that he is said to have Trayterously and Maliciously Contrived the Kings death He that doth these Acts towards it is by Law responsible as to the Malice Jury Sworn Sir Tho. Allen Sir Henry Wroth Sir Jer. Whitchott James Hawley Henry Mildmay Christ Abdy Nich. Raynton Richard Cheney Tho. Bide Charles Pitfield Abraham Scudamore Charles Pickerne in all 12. Cl. Cryer make Proclamation Cryer If any man can inform c. Cl. John Jones hold up thy hand Look upon the Prisoner c. Mr. Soll. Gen. My Lords and Gentlemen of the Jury I must open to you as to other Juries that the short Point of this long Indictment is but this That the Prisoner at the Bar did Imagine and Compass the death of the King which is your Issue to Try We shall prove it by those overt acts which the Law doth require To prove the Sitting Sentencing and Signing the Warrant for Execution by the Prisoner at the Bar. Coun. Call Mr. Clark and Mr. Carr and Holl. Symson who were sworn Mr. Symson did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Sym. I did see Mr. Jones sit divers times both there and in the Painted Chamber Jones I do confess I sate divers times Coun. Did he sit the day of Sentence Sym. I cannot say it Coun. Mr. Clark you hear the question Pray answer my Lord. Clark My Lords and Gentlemen of the Jury I was there the 27. of Jan. 1648 I saw Coll. Jones there several days before but I did not see him that day his name was called but I do not know whether he was present Coun. Mr. Carr did you see him sit on the 27th day which was the day of Sentence Carr. My Lords he answered to his name some days I am not able to tell what day Mr. Nutley Sworn Coun. Can you tell whether the Prisoner at the Bar was present in that which they called the High Court of Justice Nutley The Prisoner at the Bar was several times in the Court which was called the High Court of Justice truly I cannot say whether he was there the 27th day the day of the Sentence The Warrant for Summoning that
says he did it not Traiterously I humbly conceive he means it was Justifiable Sir P. Temple At another time I was in Town on a Friday and wanting Horses I went to Smithfield where I saw the Horses of State of his late Majesty to be sold in the Common Market at which I called to the Rider said I What makes these Horses here says he I am to sell them Why said I there 's the King's Brand upon them C. R. and he shew'd them me said I Will you sell these Horses What price he asked me three or fourscore pound a piece said I Who warrants the sale of these Horses says he Mr. Marten and Sir Wil. Brereton Afterwards I heard the Horses were taken into the Mews by the Prisoner at the Bar and Sir Wil. Brereton Counsel Was this before the Trial Sir P. Temple It was in 1642 or 1643. Counsel That 's nothing to this Business Marten My Lord the Commission went in the name of the Commons assembled in Parliament and the Good People of England and what a matter is it for one of the Commissioners to say Let it be acted by the Good People of England Mr. Sol. Gen. You know all good People did abhor it I am sorry to see so little repentance Marten My Lord I hope that which is urged by the Learned Counsel will not have that impression upon the Court and Jury that it seems to have That I am so obstinate in a thing so apparently ill My Lord if it were possible for that Blood to be in the Body again and every drop that was shed in the late Wars I could wish it with all my heart But my Lord I hope it is lawful to offer in my own defence that which when I did it I thought I might do My Lord there was the House of Commons as I understood it perhaps your Lordships think it was not a House of Commons but then it was the Supream Authority of England it was so reputed both at home and abroad My Lord I suppose he that gives obedience to the Authority in being de facto whether de jure or no I think he is of a peaceable disposition and far from a Traitor My Lord I think there was a Statute made in Henry the Seventh's time whereby it was provided That whosoever was in Arms for the King de facto he should be indempnified though that King de facto was not so de jure And if the Supream Officers de facto can justifie a War the most pernicious Remedy that was ever adjudged by Mankind be the Cause what it will I presume the Supream Authority of England may justifie a Judicature though it be but an Authority de facto My Lord if it be said that it is but a third estate and a small parcel of that my Lord it was all that was extant I have heard Lawyers say That if there be Commons appurtenant to a Tenement and that Tenement be all burnt down except a small Stick the Commons belong to that one small piece as it did to the Tenement when all standing My Lord I shall humbly offer to consideration whether the King were the King indeed such a one whose Peace Crowns and Dignities were concerned in Publick Matters My Lord he was not in execution of his Offices he was a Prisoner My Lord I will not defer you long neither would I be offensive I had then and I have now a peaceable inclination a resolution to submit to the Government that God hath set over me I think his Majesty that now is is King upon the best Title under Heaven for he was called in by the Representative Body of England I shall during my life long or short pay obedience to him Besides my Lord I do owe my life to him if I am acquitted for this I do confess I did adhere to the Parliaments Army heartily my life is at his mercy if his Grace be pleased to grant it I have a double obligation to him Mr. Sol. Gen. My Lord this Gentleman the Prisoner at the Bar hath entred into a Discourse that I am afraid he must have an answer in Parliament for it He hath owned the King but thinks his best title is the acknowledgment of the People and he that hath that let him be who he will hath the best Title we have done with our Evidence Marten I have one word more my Lord I humbly desire that the Jury would take notice That though I am accused in the Name of the King that if I be acquitted the King is not Cast It doth not concern the King that the Prisoner be Condemned it concerns him that the Prisoner be Tried it is as much to his Interest Crown and Dignity that the Innocent be acquitted as that the Nocent be condemned Mr. Sol. Gen. My Lord this puts us now upon the reputation of our Evidence and you may see how necessary it is to distinguish between Confidence and Innocence for this very Person that desires you to have a care how you condemn the Innocent he doth seem to intimate to you that he is an innocent Person at the Bar and yet confesses he did sit upon the King did Sentence him to Death that he signed the Warrant for the Execution and yet here stands that Person that desires you to have a care of condemning Innocence What is this at the bottom of it but that my Fact is such as I dare not call it Innocence but would have you to believe it such Gentlemen of the Jury was it your intention the King should be so tried as this Prisoner moved It will concern you to declare That the People of England do abhor his Facts and Principles every Fact the Prisoner hath confessed himself the sitting in that Court which was Treason his Sentencing was Treason signing the Warrant for Execution was the highest of Treasons Gentlemen all that he hath to say for himself is there was an Authority of his own making whereby he becomes innocent But we hope out of his own Mouth you will find him guilty Gilbert Millington I desire you to hear me I come not hither to dispute but to acknowledg I will not trouble you with long Discourses My Lord it is not fit for wise Men to hear them I am not able to express them I will not justifie my self I will acknowledg my self Guilty My Lord The reason why I said the last day Not Guilty was in respect of being upon the Scaffold and murthering the King and those things but I will wave all things if your Lordship will give me leave and will go unto the lowest strain that possible can be I will confess my self Guilty every way I was awed by the present Power then in being This I leave with you and lay my self at your feet and have no more at all to say but a few words in a Petition which I desire you will please to accept and so I conclude Counsel We do accept this
honest and humble Confession and shall give no evidence against him to aggravate the Matter L. Ch. B. Your Petition is accepted and shall be read Robert Titchburne My Lord when I first pleaded to the Indictment it was Not Guilty in manner and form as I stood Indicted My Lord it was not then in my Heart either to deny or justify any tittle of the matter of Fact My Lord The Matter that I was led into by ignorance my Conscience leads me to acknowledg But my Lord if I should have said Guilty in manner and form as I stood Indicted I was fearful I should have charged my own Conscience as then knowingly and maliciously to act it My Lord it was my unhappiness to be call'd to so sad a Work when I had so few years over my head A Person neither bred up in the Laws nor in Parliaments where Laws are made I can say with a clear Conscience I had no more enmity in my heart to his Majesty than I had to my Wife that lay in my bosom My Lord I shall deny nothing After I was summoned I think truly I was at most of the Meetings and I do not say this that I did not intend to say it before but preserving that Salvo to my own Conscience That I did not maliciously and knowingly do it I think I am bound in Conscience to own it As I do not deny but I was there so truly I do believe I did sign the Instrument And had I known that then which I do now I do not mean my Lord my Afflictions and Sufferings it is not my Sufferings make me acknowledg I would have chosen a red hot Oven to gone into as soon as that Meeting I bless God I do this neither out of fear nor hopes of favour though the penalty that may attend this acknowledgment may be grievous My Lord I do acknowledg the Matter of Fact and do solemnly profess I was led into it for want of years I do not justify either the Act or the Person I was so unhappy then as to be ignorant and I hope shall not now since I have more light justify that which I was ignorant of I am sure my Heart was without malice if I had been only asked in matter of Fact at first I should have said the same I have seen a little The Great God before whom we all stand hath shewn his tender mercy to Persons upon repentance Paul tells us Though a Blasphemer and a Persecuter of Christ it being done ignorantly upon repentance he found mercy My Lord Mercy I have found and I do not doubt but mercy I shall find My Lord I came in upon the Proclamation and now I am here I have in truth given your Lordship a clear and full account what ever that Law shall pronounce because I was ignorant yet I hope there will be room found for that Mercy and Grace that I think was intended by the Proclamation and I hope by the Parliament of England I shall say no more but in pleading of that humbly beg that your Lordships will be instrumental to the King and Parliament on that behalf Counsel We shall give no evidence against the Prisoner he says he did it ignorantly and I hope and do believe he is penitent and as far as the Parliament thinks fit to shew mercy I shall be very glad Owen Rowe I have not much to say I never had any ability therefore my Lord it was never my intent upon my Plea as was said before to deny any thing I have done for I was clearly convinced that I ought to confess it before and I do confess against my self that I did sit there several times and to the best of my remembrance I did sign and seal the Warrant for his Execution and truly my Lord it was never in my heart to contrive a Plot of this nature How I came there I do not know I was very unfit for such a Business and I confess I did it ignorantly not understanding the Law so was carried away hidden in the Business not understanding what I did therefore my Lord I humbly intreat this honourable Court that you will consider of it and look upon me as one that out of ignorance did it and if I had known of my Act I would rather have been torn in pieces with a thousand Horses When I heard of the Declaration and gracious Pardon of his Majesty I confess I went to my Lord Mayors laid hold of it and I thought my life as secure as it is now in my own hands But I do wholly cast my self upon the King's Mercy and as I have heard he is a gracious King full of lenity and mercy so I hope I shall find it I was never against Government it is a blessed thing that we have it I hope all the Nations will be happy under it I shall submit to his Majesty and Government I can say no more I was not brought up a Scholar but was a Tradesman and was meerly ignorant when I went on in that Business I do humbly intreat your Lordships that you would as tenderly as may be present my case to the King whom I rest upon and leave all to your Lordships wisdom and discretion to do what you will concerning me Counsel We accept his Confession and do hope he is penitent before God as well as before the World Robert Lilburn Be pleased to give me leave to speak a few words I shall be ingenuous before your Lordships I shall not wilfully nor obstinately deny the Matter of Fact But my Lord I must and I can with a very good Conscience say That what I did I did it very innocently without any intention of Murder nor was I ever Plotter or Contriver in that Murder I never read in the Law nor understood the Case throughly What-ever I have done I have done ignorantly L. Ch. B. Because you shall not be mistaken in your words God forbid that we should carp at your words the word Innocent hath a double acceptation Innocent in respect of Malice and Innocent in respect of the Fact Lilburn The truth is my Lord I was for the withdrawing of the Court when the King made the motion to have it withdrawn and upon the day my Lord that the King was put to death I was so sensible of it that I went to my Chamber and mourn'd and would if it had been in my power have preserved his life My Lord I was not at all any disturber of the Government I never interrupted the Parliament at all I had no hand in those things neither in 1648 nor at any other time I shall humbly beg the favour of the King that he would be pleased to grant me his Pardon according to his Declaration which I laid hold on and rendred my self according to the Proclamation Counsel We shall say nothing against him Henry Smith My Lord I shall not desire to spend your Lordships time what I have done
was forced to run through out what they had imposed upon me Having seen me I could not shrink from them for fear of my own destruction and thereupon I did go in and did that which I have confessed to your Lordships not out of any malignity to his Majesty I had never any disrespect to him in my life My Lord I did not know which way to be safe in any thing without Doors was misery within Doors was mischief I do appeal to all that had any thing to do with me that I never did any wrong to any that was of the Kings party but helped them as I was able My Lord when the Government was thus tossed and turned and tumbled and I know not what and the secluded Members came into the House I knew not what to do in that case neither Assoon as this Parliament had declared the Treaty which was the eighth of May the ninth of May I appeared before the right honourable the Lord Mayor of London and did claim the benefit of his Majesties gracious Declaration and to become a Loyal Subject as in my heart I alwayes was and my Lord Mayor being there I hope he will testifie that assoon as I heard of the Proclamation I rendered my self according to the Proclamation My Lord this hath been the carriage of me being alwayes under fear and force I refer my self to your Lordships Symon Meyne When I was last here my Lord that I did then speak Not guilty was not as to the matter of fact but my Conscience telling of me that I had no malice or ill intention to his Majesty that was the reason For Matter of fact I shall acknowledge what I have done and lye at his Majesties feet for mercy I am an ignorant weak man in the Law I will confess the fact Couns Did you sign the Warrant for summoning that Court and did you sign the Warrant for Execution of the King Meyne I did sit in Court Counsel Did you sign the Warrant for Execution Meyne My Lord I knew not of the King 's bringing up I never was at any Committee Counsel We do not ask you that Look upon the Warrant and see if your hand and seal be not to it Meyne My Lord it is my hand Counsel Then my Lord we have done Meyne My Lord I acknowledge it is my hand By what importunity it my be known to some here I was very unwilling to it I was told What fear was there when forty were there before and twenty was of the Quorum I was thereupon drawn in to set my hand to it My Lord I never plotted nor contrived the business There was a Gentleman that told me if I did offer to speak in the House pluckt me down by the Coat and he told me I should besequestred as a Delinquent the name of this person I shall omit saith he you will rather lose your estate then take away the King's life I leave it with you James Temple At the last time I pleaded to the Indictment Not guilty but I shall now desire to see my hand and if it be my hand I must confess all circumstances must follow The Warrants being shewn him I do accknowledge it is my hand to both I never did consult concerning the Court. Counsel There are some worse then he but he is bad enough James Temple I refer my self to the King and Parliament and presented a Petition which was received by the Court. Peter Temple When I was here the last time I pleaded Not guilty the reason was because there are divers things in the Indictment that my Conscience tells me I am not guilty of for I had not a malicious or trayterous heart against the King To save your Lordships time I will confess what I am guilty of I was in the Court sate there if I see my hand I shall confess it Counsel Were you there when Sentence was given Temple Yes Sir Counsel Shew him the Warrants which being shewed him I acknowledge they are my hand and refer it to your Lordships Counsel Mr. Wayte you heard the Charge read against you what say you to it Thomas Waite Truly my Lord when I was here last I pleaded not guilty I humbly desired then your Lordships to hear me a word or two You promised me then I should be heard I shall desire to speak for my self Lord Chief Baron God forbid but you should Mr. Sol. G. By your Lordships favour we must speak first if he will confess the fact he my speak what he will Did you sit in the Court Waite Yes Counsel The day of Sentence Waite Yes Counsel Is your hand to the Warrant for Execution Waite I know not pray let me see it It was shewen him My Lord I confess it is like my hand but I do not remember it Counsel If you do not acknowledge it it will be proved Waite Truly my Lord I do beleive it is my hand Counsel Then the Jury will not doubt it Waite But I desire to be heard I am loath to trouble you much I will tell you how I was brought into this business My Lord I was a Member of that House that erected this Court when the Treaty was in the Isle of Wight Immediately after the Army came up I was utterly against that Act in the House When the Army came up to purge the House I was much troubled at it I desired to know the Charge they had against them Two or three dayes after I did move and there were other Gentlemen that did move to know what Charge there was They sent word we should have a Charge in due time we sent and none came but said we should have it in due time I went to those worthy Gent. to see them in prison and seeing nothing would be done I took my leave and made account to see them no more and went down into the Country to Leicester-shire I was sent for up several times I would not come with threats upon pain of Sequestration My Lords there were Petitions going up and down in the Country for bringing the King to that business which was against my conscience I went to Rutlandshire I heard there were some things working there I used my interest and I thank God I stopt it I came then to London when all these things were destroyed I came to London the day before the Sentence was given I went to the House thought nothing some were sent to the Tower and I was sent for to the House and my name was in the Act unknown to me but one sent a Note in my Lord Gray's Name that he would speak with me I went to him and I said my Lord what would you do with me saith he I did not send for you Thereupon Cromwel and Ireton laid hold on me said they We sent for you you are one of the High Court No said I not I my Judgement is against it they carried me to the Court. When the King desired to
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
Clerk George Fleetwood Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty George Fleetwood My Lord I came in upon his Majestie 's Proclamation Clerk Art thou Guilty or Not guilty George Fleetwood I must Confess I am Guilty And thereupon he delivered a Petition in to the Court which he said was directed To his Majesty and the Parliament and the Court did receive it accordingly Clerk Set him aside Clerk Simon Meyn Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty Sim. Meyn Not guilty I come in upon His Majestie 's Proclamation my Lord. Clerk How wilt thou be Tried Sim. Meyn By God and the Countrey Clerk God send thee a good Deliverance Clerk James Temple Hold up thy hand What saiest thou Art thou guilty of this horrid Treason whereof thou standest Indicted and art now Arraigned or Not guilty James Temple Not guilty Clerk How wilt thou be Tried James Temple By God and the Countrey Clerk God send thee a good Deliverance Clerk Peter Temple Hold up your hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Peter Temple Not guilty Clerk How wilt thou be Tried Peter Temple By God and the Countrey Clerk God send thee a good Deliverance Clerk Thomas Wait Hold up your Hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art Arraigned or Not Guilty Th Wait. I desire to be heard a word or two Court There is a Rule of Law which is set to us and you that in all these Cases you are to plead Guilty or Not guilty When you have Pleaded if Not Guilty you may speak what you will in its proper time Clerk Are you Guilty or Not guilty Th. Wait. I pray let me be heard a word I am very unwilling to spend time knowing you have a great deal of Business I am very unwilling to deprive my self of my Native Right I shall speak nothing but that which is Truth Court Do not Preface then but speak what you would say Th. Wait. My Lord my Case is different from the rest Court Whatsoever the Case he you have no Plea to us but guilty or Not guilty We can go no other way The Law sets our your Plea Th. Wait. My Lord I would speak one word There was a Great Peer of this Nation Indicted at Northampton within these two years for killing a man The Judges there Court You must Plead guilty or Not guiley Pray who are you that should take this upon you more then all the rest You must go the ordinary way guilty or Not guilty Are you guilty or Not guilty We do not intend to prevent any thing you have to say but it must be proper Clerk Are you guilty or Not guilty Th. Wait. I cannot say I am Guilty Court How then Th. Wait. I am Not guilty Clerk How wilt thou be Tried Th. Wait. By God and the Countrey Clerk Good send thee a good Deliverance Clerk Hugh Peters Hold up thy hand How saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Hugh Peters I would not for ten thousand Worlds say I am Guilty I am Not guilty Clerk How will you be Tried Hugh Peters By the Word of God Here the People laughed Court You must say By God and the Countrey Tell him you that stand by him what he should say if he doth not know Clerk How will you be Tried Hugh Peters By God and the Countrey Clerk God send thee a good Deliverance Clerk Dan. Axtel Hold up thy hand What saiest thou Art thou guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Dan. Axtel May it please your Lordship I desire to have the freedom of an English-man that which is my Right by Law and inheritance I have something to offer in point of Law Clerk Art thou Guilty or Not guilty Dan. Axtel My Lords give me leave to speak For the Matter of the Indictment I conceive is upon the King's Death that there is a Commission of Oyer and Terminer for you to sit But in regard it was in pursuance of an Act of Parliament I conceive no Inferiour Court ought to judge of it I desire Councel it being of great and eminent Concernment in Law That ever any Judges or any Inferiour Court should judge of the Powers and Priviledges of a Parliament and I pray that Councel may be assigned me Clerk Are you Guilty or Not guilty Dan. Axtel If the Court over-rule me and I shall not have my Liberty as an English-man Court The Course of Law is this No man can Justifie Treason If the matter which you have to say be Justifiable it is not Treason if Treason it is not Justifiable Therefore you must go to the ordinary course of the Law You must Plead Guilty or Not guilty Dan. Axtel I can produce many Precedents Cour Are you Guilty or Not guilty The Language is put into your Mouth You have no other words to express your self by at this time but Guilty or Not guilty Dan Axtel Judg Heath had Councel assigned him upon the same Case Court That is very strange the same case What was it for killing a King Dan. Axtel If the Court will over-rule me I cannot help it Mr. Solicitour Gen. It may be this Gentleman may be deceived by a Mistake It may be he knows not the Law which your Lordships may be pleased to acquaint him with That to stand Mute in High-Treason is all one as to Confess the Fact and will have the same Sentence and Condemnation upon them as if they had Confessed it Lord Chief Baron Then I 'le tell you the Law He that doth refuse to put himself upon his Legal Trial of God and the Countrey is a Mute in Law and therefore you must Plead Guilty or Not guilty Let his Language be what it will he is a Mute in Law Dan. Axtel I do not refuse it Court Then say Dan. Axtel I am Not guilty Clerk How wilt thou be Tried Dan. Axtel By twelve lawful men according to the Constitutions of the Law Court That is by God and the Countrey Dan. Axtel That is not lawful God is not locally here Clerk How wilt thou be Tried You must say By God and the Countrey Dan. Axtel By God and the Countrey Clerk God send you a good Deliverance Lord Chief Baron Mr. Axtel have you your Papers again Dan. Axtel Yes my Lord. Lord Chief Baron When your Indictment is read the second time when you come to your Trial you may take what Notes you please The Court then Adjourned to the same Place till the next morning seven of the Clock
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
they might compleat their villany they made a bloody Warrant for severing the head of his late Majesty from his body and the hand of the Prisoner is to that Warrant also and this is the scope of our Indictment Scro. My Lords may I have liberty to speak Court If you do confess that which is opened in evidence against you we shall not need to examine any Witnesses Scr. Examine what you think fit if I understand that worthy Gentleman that spake last he said that my hand was to the Warrant for Execution My Lord if I can see my hand I can tell and I will not deny my hand Court Shew it him which was done accordingly Scr. My Lords I will not deny but that it is my hand but it is not my seal Councel Cryer call Mr. Masterson Mr. Kirke Mr. Clark Mr. Carr who were all sworn Mr Masterson pray tell my Lords and the Jury whether you did see the Prisoner at the Bar in that which they called the High-Court of Justice sitting as a Judge upon the late King Mr. Mast My Lords and Gentlemen of the Jury I saw upon the 22. or 23. of Jan. in the year 1648. the Prisoner at the Bar sitting upon the Bench as one of the Judges in that which they called the High-Court of Justice the King standing a Prisoner at the Bar I say either 22. or 23. But I say particularly upon the 27th of Jan. 1648. in which the sentence was passed upon the late King I saw the Prisoner at the Bar sitting upon the Bench in that which they called the High-Court of Justice Coun. How did he demean himself when the sentence was read Mr. Ma. When the sentence was read it was by the President as he was called of that Court said to be the Sentence and Judgment of the whole Court upon which the Prisoner at the Bar rose up as to my apprehension testifying his Assent All their Assent were taken so and no otherwise to us that were as spectators Scr. I beseech your Lordships that I may speak without offence and answer to this Court Mr. Scroop you may please to have Paper and Pens and Ink to take Notes or to ask any questions Scr. My Lords give me leave to ask him this question whereabouts did he see me sit in the Court. Court Mr. Ma. you hear the question pray answer to it Ma. My Lords I cannot particularly say where he sat but I saw him in the Court and to the best of my remembrance it was on the second seat on the left hand of Bradshaw Scr. I would not give offence to the Court in any kind I am now pleading for my life I desire to take a little liberty to ask this Gentleman if ever He and I were in company together that he knows me so well M. For my part I do not remember I saw his face before the sitting of that Court If this Gentleman ask me if I were ever in his company I know not how I may construe the word Company but I am sure I never eat nor drank with him I have seen him very many times at Committees more then twenty times since that business Mr. Clark called Coun. Mr. Clark you have heard the question did you ever see the Prisoner at the Bar in that which they called the High-Court of Justice Mr. Clark I do remember in the year 1648. I saw the Prisoner sitting in that which they call the High-Court of Justice upon the Tryal of the King Scr. My Lords you may desist in examining witnesses touching my sitting Court Do you acknowledge you did sit in that which they called the High-Court of Justice Scr. Yes I see it proved and I see a Gentleman here in my eyes that I know very well I will not deny it Court Did you sit upon the sentence day that is the Evidence which was the 27th of January You are not bound to answer me But if you will not we must prove it Do you confess that Scr. I do not confess that I stood up as assenting to the Sentence Mr. Clark called Coun. Mr. Clark what say you to that Clark I did not take particular notice of him that day that he stood up but the whole Court stood up to my apprehension but I took notice that he was there then present Coun. Mr. Clark do you remember that you saw any of them sit Cl. I did not take notice of any that sate then but all stood up to my thoughts Mr. Carr called Coun. Mr. Carr tell my Lords and the Jury whether you did see the Prisoner at the Bur sitting in that which they called the High-Court of Justice Carr. My Lords and Gentlemen of the Jury the 22. 23. and 27th of Jan. 1648. I was present when the names of that they called the High-Court of Justice were called and amongst others that were Judges of that Court as was printed in a Paper which I then had in my hand Mr. Carr looked in that Paper when he gave this Evidence I found the name of Mr. Aâ— Scroop who I saw did there sit and appear Scroop I hope you will not take any Evidence from a Printed List Councel The manner of his Evidence is he saith this That he had this Printed Paper in his hand when the names of that Court were called and marking the persons in that Paper who were present and that you were one of them who did appear Scr. My Lord I shall not dispute in regard of my want of skill in the Law the Lawfulness of bringing in any Paper in Evidence into the Court I shall not dispute against your Lordships But by your favour I do suppose there is no witness ought to use any Paper or look upon any Paper when he gives Evidence but I shall submit it to your Lordships Mr. Solicit Ask him the question without his Paper but yet nothing is more usual than for a Witness to make use of a Paper to help his memory Scroop The Gentleman that spake last I cannot hear him Mr. Sol. We do not need his Paper in this Case he will tell it without a paper Mr Carr speak without a paper Carr. My Lords upon the calling of those that were Judges in that Court which they called the High Court of Justice then sitting this Gentleman the Prisoner at the Bar did answer to his name then called Scr. Did you see me Carr. I heard you answer and saw you Scroop I pray he may be asked where about I sate in that Court Councel Mr. Carr you hear the Question answer to it Carr. I am not able particularly to tell now it being many years since Scroop My Lord observe of what value this Evidence is I am sure I never was in his company I do not know that ever he saw me in his life I beseech you give me leave to plead for my self in all humbleness and modesty my Lord. L. C. Bar. Notice is taken of it Mr. Scroop God forbid
you should be debarred of it Scr. I say he comes in with Evidence of a Paper he heard my name called and marked it It is strange that a Gentleman whom I never saw I know not his name nor I do not think he knew my name if he had met me L. C. Bar. I told you that was laid aside and you heard him speak Viva voce without a Paper Coun. Mr. Kirk did you see the Prisoner at the Bar in that Court which they called the High Court of Justice for Tryal of the late King Kirk My Lords and Gentlemen of the Jury I did see the Prisoner there and I did wonder to see him there which was the reason I took the more special notice of his being there Scr. Pray my Lord let me intreat one thing before he speaks That your Lordships will be pleased to speak to him to give in his Evidence without any speech Coun. How can that be Can he give Evidence without speaking Scr. I beseech you my Lords give me leave to say this Let him give in his Evidence in plain words without any speech L. C. Bar. Mr. Scroop he must be excused there are Circumstances inducing which are as much as the Principal this that he hath said is very material saith he I did see the Prisoner at the Bar there I did not expect it and wondered at it and therefore took the more notice Let him go on ask him what question you will Scroop My Lord I submit L. C. Bar. Mr. Kirk you must speak the truth and the whole truth go on Kirk I say as I said before I saw this Gentleman sitting in that which they called the High Court of Justice and I did therefore wonder at it because I did not expect him there I came to know him formerly as he was called Captain Scroop Coun. Go on K. And as I said before I saw this person this Prisoner at the Bar sit amongst the rest of those persons Judges as they called themselves of the High Court of Justice for the Tryal of the King I did more particularly take notice of this pâ—rson because I did not expect him there I knew him formerly upon this report being an Eminent Man by the name of Captain Scroop and at that time was an Associate of one Captain Vivers and Captain Wingham I had not seen him some years before this business and seeing of him there I did the more particularly take notice of him Scr. Have you done Sir I beseech your Lordship ask him what imployment he had there himself when he saw me there K. My Lord I was there to hear the Tryal Lord Chief Baron Mr. Scroop I am not willing you should have any thing of interruption unless you reflect upon any person that concerns not you Mr. Scroop do not think it will be for your advantage nor is it proper for you to ask Scroop In all humbleness I do speak it to your Lordships that your Lordship will please to consider that if he had any imployment in that business himself how unfit a Witness he is against me Court Much fitter Scr. If it be so I have done Kirk My Lord I was there only as a Spectator I went only there to see and hear what was there to be seen and heard I stood there and took Notes in Characters of the Proceedings and several others with my self did the like and we compared them together that was all my business at that time and I saw him sit there the 27. day of Jan 1648. which was the day of the Sentence against the King Scroope Where abouts did you see me sit there Kirk It is not I think imaginable that any person should be able after so many years possibly to say where any person sate but to the best of my remembrance you sate upon the second Bench next the President But I dare not be positive in that I dare not justifie it upon my Oath it is but my remembrance Here Mr. Scroope talk't to one that stood near him L. Chief Baron We must desire that of you Mr. Scroop that you will not speak to any here but what the Court may hear Scr. I shall observe your Commands Mr. Coitmore sworn Councel Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice as a Judge upon the King Coit I did see him Councel When what day Coit I cannot name the day I was there three dayes of their sitting there I saw him once or twice once I am sure Scr. What day Coit I cannot remember Councel Did he sit there as a Judge upon the King Coit He sate amongst the rest as a Judge Scr. Give me leave to ask him whereabouts he saw me sit Councel Where did you see him sit Coit I cannot remember the place he was among them I saw him either one or two dayes there was a great company of them together Councel Mr. Nutley Did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Nut. If it please your Lordships I was there in the Court those four several dayes that they sate in Judgment I heard the Prisoner at the Bar called by his name I did take notice he was there truly I think he was there twice or thrice to my remembrance Councel Can you tell what day whether the 27th of Jan. 1648. Nut. I cannot say positively but to the best of my remembrance he was there that was the last day when Judgment was given Mr. Baker sworn Councel Mr. Baker what say you did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Baker Yes I did see Col. Scroop on Tuesday the 23. of Jan. 1648. very particularly stand up and answer to his name Councel Mr. Coitmore are you acquainted with Col. Scroop's hand Coit I have had several Letters from him Councel Mr. Scroop have you a mind to see the Warrant for summoning the Court Scr. I desire to see it I do not remember I set my hand to it Court Shew it him It being shewed him Scr. I cannot say it is my hand Councel It is too true we shall prove it to you Court Shew it to Mr. Coitmore Scr. Be pleased to let me see it once more which was again shewed him Truly my Lord I will save him the labour Councel You do acknowledge it was your hand Scr. I 'le save him the labour for I confess I do not love Men should be put to their Oaths more than needs Here likewise the Warrant for Execution was read Coun. My Lords we shall conclude our evidence with Major General Brown the Lord Mayor Elect. The Lord Elect sworn Coun. My Lord be pleased to tell my Lords what discourse hath lately passed between the Prisoner at the Bar and you concerning the death of the King Lord Elect. My Lords upon some occasion I was accidentally at the Chamber of the Speaker
word is or otherwise They broke the oath of Supremacy which was That the King was the Supreme Governour of these Nations They swore that they would maintain and keep all Priviledges Immunities Preheminencies annexed to the Imperial Crown of this Realm there is difference between some Crowns and Imperial Crowns An Imperial Crown it was that which was not to be touched in the Person We do not speak any thing of the absoiute Power of the King for you see he cannot Judge concerning the Death of his Father but by Lawes When you swore this Allegiance all those Members of break all this at once This would be so far from having any colour of Authority that he that justifies it justifies it against the light of Conscience and Laws You say you did it by Commandment from them He that doth a Command by such an Authority it is his guilt Our Law-Books say That if a Court at Common-Law exceed their Jurisdiction in that Case he that obeys that Command is punishable In the Court of Common-Pleas if there be an Appeal there for Murther it is only proper to the Upper Bench and therefore if the party be condemned sentenced and executed thereupon the Executioner in that Case is guilty of Murther for obeying that Authority which was indeed no Authority And therefore whereas you would go about to justifie the Fact because you did it by Command of that Authority that is an Aggravation That when men shall assume an Authority which is a Devil at the noon-day appearing without Vizors I say shall assume an Authority never heard of before If men will countenance their Acts by obeying of them it is an Aggravation We have already Declared this in the Case of the Prisoner yesterday We are all satisfied in the Law in that Case It is so clear a Point in Law that my Brethren here and we did over-rule it yesterday in the like Case and so We must now and I hope that all do concur in this Opinion that hath been delivered Lord Finch I hope all do concur in this opinion delivered by my Lord Chief Baron You shelter your self under a Command of the House of Commons But let me tell you and all the Word That if the House of Commons let it have been never so compleat had given a Command it had been a thing no ways justifiable the Justification is an Aggravation Scr. My Lord I do see that every thing I speak though it be for clearing of my self from your ill opinion I see it is taken in an ill sence I humhly beseech pardon for the Expression if I erre I will crave your Lordships pardon But my Lord I say this If I have been misled I am not a single person that have been misled My Lord I could say but I think it doth not become me to say so That I see a great many faces at this time that were misled as well as my self But that I will not insist upon I say this That I hope an Error in Judgment shall not be accounted Malice or an Error of the Will Truly my Lord I never went to the work with a malicious heart I humbly desire your Lordships to take notice of it That I never bore any malice at all against his late Majesty L. C. Bar. Mr. Scroop have you done Scr. My Lord I do beseech your Lordships to take notice That an Error in Judgement is not an Error in the Will L. C. Bar. Mr. Scroop I am very glad to hear you say so But let me tell you what the Law saith The Law in this Case treates the malice If a man do an act of this nature that may be some kind of excuse to God but towards man you are to look to the Fact the Law implies the malice If there be any thing you will say in the Extenuation of your offence we will be very glad to hear that may tend to your help Scr. My Lord There is one Evidence comes in against me that I must confess that I am very sorry to see and my Lord there was a saying it is by my Lord Mayor Elect Truly he is a worthy Gentleman but I desire the Lord may forgive that which he hath spoken Truly my Lord I did never intend any thing in this neither can I directly remember that I spake those words directly as my Lord Mayor Elect doth spake I do believe my Lord Mayor cannot very well remember them himself for he saith So far as he can remember I must confess that when I was there and had appeared according to the Proclamation that such discourse somewhat like it was raised not of my procuring I did not procure the Discourse I never intended the Justification of the Fact but it was my ill success that I should meet with that worthy Gentleman to have so much discourse with him L. C. Bar. Mr. Scroop my Lord Mayor Elect saith no further then this So far as he remembers and the words that you should say were these That some are of one opinion and some are of another Scr. Vpon the death of the King My Lord I mnst confesse to you that somewhat I said to him but I cannot own that I said those words My Lords He is a worthy person I do not desire to spake any thing to degenerate in the least kind from him it is but his yea and my no there was nobody there L. C. Bar. Have you any thing more to say for your self Scr. My Lord if your Lordship do over-rule it so that I may not have Councel I have little more to say L. C. Bar. You have heard the sence of the Court in that particular you cannot have Councel allowed you as to the matter you have pleaded Scr. I have done but only this My Lords I know not whether it be seasonable to mention it I came in upon the Proclamation and My Lord by means of these unhappy words that have been reported of me in the House of Commons whereas before I was no excepted person I came to be excepted and upon the very last day of passing that Act never was excepted before the very last day I beseech you take notice of this L. C. Bar. Mr. Scroop That is a thing that is not before us but there will be a proper time to consider of it in another place that is nothing to the Tryal have you any more to say Sir Scr. No My Lord Will your Lordship please to let me speak a word to the Jury L. Ch. Baron If you speak to the Court the Jury will hear it Scr. Truly my Lord This I do perceive that I am under a very great prejudice as to this fact It hath been the case of many Gentlemen besides my self I desire that these Gentlemen would take my case into consideration as they would their own and I desire that the Lord would give them direction that they may do that which is according to Justice and Mercy that is all I
have to say my Lords L. C. Bar. You Gentlemen that are sworn of this Jury you see the Prisoner Mr. Scroop hath been indicted for imagining and contriving the death of his late Majesty of blessed memory King Charles the first You see there are several things in this Indictment the charge is the Imagining and compassing the death of the King In the Indictment there are several matters of fact to prove this Imagination The Imagination is the Treason the matters of fact to prove it are but the evidences of that imagination if any one of them be proved to you it is sufficient the one is consulting and meeting together how to put him to death the other Sitting and Assuming Authority to bring him to Tryal Then you have a Sentence by the Court to put the King to Death thereupon Afterwards he was put to Death Any one of these matters are Evidence enough for you to prove the Indictment for though the Indictment concludes that so they did Imagine and Compass the Death of the King and that the King was put to Death in manner and form as aforesaid the manner and form aforesaid goes to this To the imagination of the Heart for the Law did not think any one would put the King to death they thought it so a Crime they thought it not convenient to bring it into the Statute But the Compassing and Imagining the Death of the King is made Treason Then to apply it this Fact to the Gentlemen it appears to you here by the proofs against him Here is Mr. Masterson he swears he saw him sit in that pretended Court there was your Evidence of the first the first was their Meeting together and of the second too They did Assume Authority upon them and he swears further to the Sentencing That the Prisoner was there Here were the Three Overt-Acts all proved He confesses he did sign the Warrant for putting the King to Death This without any Witness at all was a sufficient proof a Proof of proofs The other Witnesses you hear what they say you hear Mr. Kirk M. Clark M. Nutley swear all to his Sitting there It is true when this comes to the particulars where he sate you must remember it was Twelve Years ago when a man sees a mixt number of about Eighty Persons it is impossible a man should be able to answer this particular after Twelve years where such a one sate but you may see by his Sentencing what he did They all witness they saw him positively and one tells you He wondered he saw him there and indeed it might be a wonder for Mr. Scroop to give him his right was not a Person as some of the rest but he was unhappily ingaged in that Bloody Business I hope mistakenly but when it comes to so high a Crime as this men must not excuse themselves by ignorance or misguided Conscience As to God for this Horrid Murther of the King somewhat may be but there is no Excuse or Extenuation before Man there may be I say before the Lord. You see the Proof is full against this Gentleman as full as may be Witnesses saw him Sit and he himself confessed he signed the Warrants I have no more to say to you but Gentlemen you see what it is I think for matter of Fact you need not go from the Bar but I leave it to you Scroop My Lord Lord Chief Baron Mr. Scroop If you have any thing to say when the Jury have brought in their Verdict if you will say any thing for matter of Mercy the Court will hear you Scroop I thank your Lordship The Jury went together and presently settled themselves in their places Clerk A. Scr. Hold up thy hand Look upon the Prisoner How say you Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or not guilty Jury Guilty Clerk What Goods and Chattels c. Jury None that we know L. Chief Bar. If you will say any thing the Court will hear you Scroop I have no more My Lord but refer my self to this Honourable Court. Clerk Set John Carew Tho. Scot John Jones and Gregory Clement to the Bar who were set accordingly And being Commanded they severally held up their hands Clerk These men that were last called c. Sir Tho. Allen Lay your hand on the Book Look c. Carew I Challenge him L. C. Bar. Are you all agreed as to your Challenges Pris No my Lord. L. C. Bar. Then we must do as before sever you and go to Tryal severally Take the Three away and let Mr. Carew stand at the Bar. Challenged Charles Pitfield Wille Will. Smiths Rich. Rider Edward Rolph James Shercroft Tho. Vffman Francis Beal Will Whitcombe Samuel Harris Jo. Nicol of Finchley George Rigth Tho. Fruen Ab. Newman Tho. Blithe Will. Vincent James Hawley Chr. Abdy Tho. Bide John Smith Abr. Scudamore Ralph Halsel John Galliard In all 23. Jury Sworn Robert Clarke Thomas Grover Rich. Whaley Sam. Greenhil Nicholas Raynton Tho. Winter Rich. Cheney John Kerk Rich. Abel Thomas Morris George Tirrey Thomas Swallow In all 12. If any man can inform my Lords the King's Justices c. Cler. John Carew hold up thy hand You that are sworn look upon the prisoner You shall understand c. Sir Edw. Turner May it please your Lordships our Hue and Cry still proceeds against the Murtherers of our late Sovereign Lord King Charles the First of blessed memory and this Gentleman the prisoner at the Bar is apprehended as one among others for shedding that pretious blood Gentlemen of the Jury he stands indicted before you For that he I cannot express it better not having the fear of God before his eyes but being seduced by the instigation of the Devil he did imagin and compass the death of his said late Majesty In prosecution of this Gentlemen there be several things that are mentioned in the Indictment which are the open acts to discover to you these secret and private imaginations He did meet and consult with divers persons touching the death of the King that did usurp and take upon them to exercise a Power and Jurisdiction to try the King and finally most horribly put him to death The Treason by the Statute of 25 Edw. 3. and which you are to enquire of is the imagination and compassing the death of the King the rest of the Indictment are but particulars to prove that he did so imagine and compass the death of the King If we shall prove these or any of these facts you have then sufficient to convict them There was a thing they called a High Court of Justice that was set up wherein they did intend to try our late Sovereign Lord and a precept made and that under the hand and seal of the prisoner at the Bar amongst others for summoning and convening that bloody Court where among the rest of the Miscreants the prisoner at the Bar did sit and had confidence nay impudence
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
least question the Legality of this Parliament yet my Lords to this particular purpose whether the Parliament that was to except ought not to be a Parliament that was to be called accoring to his Majesties Writ according to the Laws of the Kingdom I humbly conceive it will bear that though His Majesty is pleased to confirm this yet it is not such a Parliament that was to except that I offer to your Lordships My Lords that that I would humbly make hold to put for my self because it is the priviledge of one in my condition is this There is my Lord many Lords the Earl of Essex the Earl of Southampton and others that were adjudged in the 44 of Eliz. 3. institutes they did trayterously and maliciously conspire to take her Majesty Prisoner and to remove her Counsellours from her which were found guilty and suffered accordingly the reason is That because thereby if it had been done they had despoiled her Maje of her Regal Government the case is instant in Philip who was a nominative King that it was not Treason to have attempted any thing against him My Lords his Majesty being a Prisoner without any hand of mine I giving advice according to what was dictated to me to bring him to that tryal whereby he might have been acquitted and so set at liberty I hope that will not be said as instrumental My Lords I humbly shall offer but two words 1. to honourable Court then to the Jury the words of 25 E. 3. and so the exposition of the learned Judges have been from time to time that there shll be no semblable Treasons made by presumptions or strains of wit but those Treasons specified there It is said if a Husband do kill his Wife or a Wife kill her Husband a Master should kill his Servant or the Servant should kill his Master that that shall be petty Treason a Child did kill his Father though that was looked upon as a great sin yet the Judges do not presume that to be Treason because it was not in the very words this being an extraordinary Case to write a thing after another doth not appear there was a malicious heart in him that did write There hath been the Act of Parlia that doth call these Courts Tyrannical and Unlawful Courts but my Lords a Tyrannical and Unlawful Court is a Court de facto though not de jure if a Court be not a just and lawful Court it cannot be said but that it is a Court we say a Thief is a true man though morally he is not so this was a Court Officers attending on them some said they had Authority therefore for one to come and act within his Sphere not to act out of that nor to do any thing but what he had a prescript form appointed him I hope that will not be found to be within the letter of the Law I have been told how true I cannot tell that there have been some votes in the honourable Parliament that those that did only counsel or advise those were not to be looked upon as Traytors I have been told so that those that did only speak as Councel for their Fee who were not the contrivers of it the Parliament did not intend they should be left to be proceeded against Court That Letter that was sent from the Commons to the King at Breda they speak first of the violation that was put upon the Parliament and of the base horrid Murther of his late Majesty It is said that the Parliament I conceive they meant of the remaining part they were not guilty but some few ambitious bloody guilty persons who contrived the same and others misled by them Cook The other matter of Law is this I say that I do hope that though that order which I was about to produce concering my acting that if it may not in a legal sense any way be said to be an Act of the Parliament and Commons yet it may be said to be such an order to bear out those that did Act according to it because there was then no other authory de facto otherwise it were not lawful for any man to exercise his profession during such a Power I hope Councellors might then exercise their profession aswel as others My Lord though I should suffer my self in this case I should be loth the honourable profession of the Law should I think I was in my Sphere acting as a Counsellor Now Gentlemen of the Jury that which I have to say to you is an evidence concerning matter of life it must be so clear that every one that hears it may understand it It is called an evidence because it is evident it is one reason why Prisoners for their lives are not allowed Counsel for matter of fact because the evidence is and ought to be so clear and plain that every one should be satisfied both Jury and standers by and it is a proper word to say the Prisoner is convicted that is as much as his mouth is stopped and therefore I say truly as I hope I may speak it to you without offence as Jeremy in another Case when some of the people would have had them put him to death as for me behold I am in your hand do with me as seemeth good and meet unto you 26. Jer. 14 15. ver saith he But know ye for certain that if ye put me to death ye shall surely bring innocent blood upon your selves I hope you will not willingly be Guilty of any such thing I must leave it to your consciences whether you believe that I had an hand in the K. Death when I did write but only that which others did dictate unto me and when I spoke only for my Fee and this I would be bold to say though the argument is not so directly confessed that humane Justice I do first say as this my principle and opinion is that as every man ought to pay his moral debts so all political debts there is a debt due to human Justice so political if the Lord should have suffered me to have been drunk and kill'd a man for which I ought to have died in stead of speaking for my self I would have rather intreated the Jury to have found me Guilty I think these things ought to be answered political debts when I was in Ireland and had opportunity of going away if I thought I had been Guilty I might have done it my name is put into his Majesties Proclamation It is true I was a prisoner three or four months before so that I could not render my self to what end should that Proclamation mention my name it was laid I obscured my self but I did not humane Justice doth never punish so much for expiation as for prevention The judgements of the learned Aquinas Grotius and Amesius and many others that if a man doth kill a man commit any thing worthy of death though he doth repent never so much yet that others may
terms for taking away the King comparing the K. to Barabbas He was instrumental when the Proclamation for the High Court of Justice as they called it was proclaimed directing where it should be proclaimed and in what place When the King was brought upon the stage that mock-work he was the person that stirred up the Souldiery below to cry for Justice we shall shew you as he preached at several times upon several occasions still he was in the Pulpit to promote this business the next day after he was brought to tryal he commends it you shall hear all out of the mouth of the Prisoner therefore I say no more call the witnesses Dr. William Young sworn Council Tell my Lords and Jury what the Prisoner at the Bar has declared to you concerning the contrivance of bringing the King to Tryal Dr. Young My L. and Gentlemen of the Jury It was near about and that the Prisoner may remember the moneth of July 1648. since we came first acquainted when he went over to Ireland it was about the Siege of Pembroke Castle but afterwards in the year 1649. we renewed our acquaintance he went over into Ireland with that Usurper the late Protector as he was called after the Town of Wexford was taken coming over he fell sick of the flux and said he received it by infection praying over Captain Horton Coming into Milford that Captain sends a summons to me to come on board that was to fetch this prisoner at the Bar who was sick I found him there groveling upon the deck and sick he was indeed with much difficulty we got him on shore within a very few dayes to the best of my remembrance five days I perfected his cure We became very familiar I observed in him that he had some secret thoughts that I could not well discover neither well understand whereupon I thought it might tend to my security that I should so much sympathize with him to get within him to know his intentions After some weeks for he continued with me ten weeks or near thereabouts some few days rather over than under we grew so familiar that at last I found he began to inlarge his heart to me Many times I should hear him rail most insufferably against the Blood Royal not only against our Martyred King but against his Royal off-spring still as we continued our acquaintance he became more and more open to me so we would sit up discoursing till about twelve or one of the clock at night very often about these unhappy wars late in England At last my Lord I found him that he began to tell me how he came into England and upon what account he came out of New England I shall desire that in regard his discourses were various that I may deliver them orderly they were delivered to me within the compass of ten weeks but the days and weeks I cannot remember First he told me discoursing of New England and the Clergy there and much of the Clergy here in England and of the business here of reformation he told me that for the driving on of this interest of this Reformation he was imployed out of New England for the stirring up of this war and driving of it on this I shall my Lord speak to in the first place and that upon the oath I have taken and secondly he was pleased at another time to acquaint me and that by way of complement complaining then against the Parliament saying that sometime after he was come into Engl. he was sent over into Ireland by the Parliament to receive further instructions to drive on the design to extirpate Monarchy saith he I did dispend a great deal of my own money yet never had that satisfaction from them which they promised me that was they promised me 2 or 3000 l. for my journey and yet they have given me no more but only a small pittance of land out of my Lord of Worcesters estate in Worcester-shire I have seen his letters directed to his kinsman here in London as I take it his name was Parker advising him for the settling of this land and selling it Thirdly my Lord I have observed that by way of vilification of the Monarchical Government I have found him jocundarily scoffing at it and would ordinarily quibble in this manner saying this Common-wealth will never be at peace till 150. be put down I asked him what this 150. was he told me three L's and afterwards interpreted the meaning to be the Lords the Levites and the Lawyers with that said I we shall be like Switzers Tinkers and Traytors Now my Lord we are come to the last particular we discoursing thus frequently and withal he was then a Colonel and had a Commission under that Usurper Oliver and brought over his Commission for raising of Souldiers to foment that War in Ireland that it was so I appeal to the dictates of his own Conscience and whether he did not press me very importunately to accept of a Commission of Major or a Captain he did issue forth two Commissions under his own hand one of them to bring over from Devon-shire two foot Companies unto Cork My Lord because we were militarily affected amongst the discourses of our unhappy wars I know not how it came from him it being near eleven years since and I have had many sufferings incumbent on me so that I may fail in some particulars but in general thus it was we were discoursing concerning our Martyr'd King as then we call'd him and of his Imprisonment in Holmeby-House which I wondered at thus we discourst he told me the story how they had used him at Holmeby and at last came up to this when he was taken away from Holmeby House the Parliament had then a design to have secured O. Cromwel and my self being then in London saith he we having intelligence of it escaped out of London and rode hard for it and as we rode to Ware we made a halt and advised how we should settle this Kingdome in peace and dispose of the King the result was this They should bring him to justice Try him for his life and cut off his Head whether this was the expression of Cromwel I cannot tell but to the utmost of my remembrance and I am mistaken if it was not the advice of Mr. Peters to Cromwel and I believe it because his former relations of his instructions out of Ireland did tend to that effect Mr. Soll. Gen. I will ask you this question we will not press you particularly upon your memory whether Cromwel or Peters said the words do you remember he confessed to you they were agreed upon that matter Young They did consult and agree upon it Peters My Lord I desire to speak a Word his voice being so low he was brought to the second Bar. I am the bolder to speak to your Lordships at this time a word and it is high time to satisfie my conscience if these things were true
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
not he say you were a Coward Huncks He said I was a froward peevish fellow Councel Did Hacker only write his name or give directions in the drawing up of the Order Huncks I conceive he only writ his name Councel My Lord we have only that Eye-witness H. Hacker confessed to the Gentleman-Jaylor of the Tower that if he did do it he did it by order Mr. Secretary Morrice and the L. Annesly sworn Councel Mr. Secretary we desire you would be pleased to tell my Lords what Col. Hacker the Prisoner at the Bar did confess to you and others touching this business Mr. Secretary When Col. Huncks for that title he now assumes was brought over out of Ireland and committed to the Tower of London there was three of the Council by order of the Board sent to examin him Sir Anthony Ashly-Cooper Mr. Annesly and my self In obedience to that order we repaired to the Tower and had Col. Huncks brought before us we told him that he being one of those which was appointed by warant from the supposititious high Court of Justice to carry on the Execution of the King and see it done must needs know who was the Executioner whereunto he answered that he for his part did not know who was the Executioner for the Warrant whereby the Executioner was nominated appointed was refused to be signed by him but Col. Hacker signed it and therefore Col. Hacker must know it Accordingly upon our return we made our Report to the Board and upon this there was an Order that Col. Hacker should be sent for taken into Custody and brought before the Lords of the Council Accordingly he was apprehended and the same three Councellors were sent down to examin him We took him into a private room and examined him and told him amongst other things that he being the man that as we are informed did sign the Warrant for the nominating and appointing the Executioner doubtless he must needs know who that was at first he said he did not sign this Warrant I told him I would have him well advised what he said for if you deny it it will be proved by such a man naming Col. Huncks and that you will do your self a great prejudice if you deny that saith he I do believe I did sign the Warrant for appointing the Executioner that is all I can say L. Annesly Gentlemen of the Jury it is very true as you have been told already that I was amongst those that the Council sent to the Tower of London first to examine Col. Huncks and Mr. Cook that hath been condemned Hulet and some other Prisoners We did examin Colonel Huncks and he did by his Examination acquit himself from signing that Warrant that he was charged with being one of the three appointed to see execution done but they appointed another to sign the Warrant Col. Huncks refusing and upon his refusal as he said Cromwel that urged him to it said he was a cowardly fellow or something to that purpose when we examined him about the person in the Frock he said he knew nothing of that but that Col. Hacker signed that Warrant for Execution this Examination being reported to the Council the Lords sent for Hacker I think upon notice Colonel Hacker came he had been of the Army and continued till that time an Officer when he came thither the Lords of the Council having notice of it commanded the same persons formerly appointed to go out and examine him we had him into a little room belonging to the Clerks of the Council and examined him to that point concerning the Man that cut off the Kings head whether he knew any thing of it he did affirm positively he did not know we told him that he was the man by testimony that signed a Warrant for Execution of the King and then certainly he must know the person that he appointed by his Warrant he said if I did sign any Warrant it was by command of the General that being but hypothetical we thought it meet to make it more positive whereupon we asked him whether he was the Man that signed the Warrant or no. Thereupon as I remember and as the Examination which was all written with mine own hand doth help my memory he did say he did believe he did sign such a Warrant thereupon he was asked further how could it be possible that he could forget the man if he signed the Warrant he knew who the man was that was appointed he said for that that he did believe the Warrant was read to him and that therein the mans name might be but he could not now remember his name this was the effect of his Examination and Confession Councel Mr. Francis did you see Colonel Hacker at the time of the Execution upon the Scaffold Francis Yes I did see him as a principal Commander there I was coming out of Westminster into London about half an hour before the King came upon the Scaffold coming near the Scaffold as soon as I was engaged in the throng when I had passed about eight or ten yards I could not pass backward nor forward I was inforced to stand there during that time I saw the Scaffold and the Ax and the Block taken up by divers people and principally I saw a man that is not here he is in custody I saw him take it up and try it with his Thumb and lay it down this was James Berry he came off and came not upon the Scaffold again unless disguised Councel Did you see Hacker there did you see him upon the Scaffold when the King came on Francis I did see him he was there his Majesty came to the side of the Scaffold next to St. Jameses he looked that way and smiled after a while the block and Ax lying down about the middle of the Scaffold there was a black Cloath hung about the rails of the Scaffold Councel We have another Evidence the Prisoner hath confessed enough but we have proved that he had the King in custody he confessed that he believed he did sign the Warrant and that he at the time of Execution was there to manage it What do you say for your self Hacker Truly my Lord I have no more to say for my self but that I was a Souldier and under command and what I did was by that Commission you have read L. Ch. Bar. Can you deny any thing that Mr. Secretary and Mr. Annesly have declared Hacker I cannot tell what I might then say the Gentlemen were very strict with me truly I have been no Counsellor nor advisor nor abettor of it but in obedience to the command over me I did act My desire hath been ever for the welfare of my Countrey and that Civil power might stand L. Ch. Bar. Have you yet resolved who you gave the Warrant for Execution to Hacker No my Lord I delivered none L. ch B. But you know who it was directed to Hacker No indeed my Lord be pleased to
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
speech among the Souldiers that Hulet cut off the Kings head L. Ch. B. How long before did you see Hulet upon the guard Burden The day before but not that day nor the day after L. Ch. B. William Hulet the evidence against you is twofold one concerning the cutting off the Kings head the other that you were in a frock If it be proved that you did not cut off the Kings head yet if you were in a frock in that place it will not excuse you if you have any thing to say I will be glad to hear it Hulet I desire the persons may be examined upon oath prisoners and others who was the person that did it I mean Hacker Huncks and Phayer L. Ch. B. You that are the prisoner for that which concerns Hacker and Phayer you know what conditions they are in one already tryed for his life the other a prisoner in the Tower and Hacker saith himself he doth not know the person at all you that are prisoner at the bar the Court conceives you have had time to get your witnesses here you were informed of the business before you came here yet notwithstanding it is conceived there are some here that can say something tending to the information of the Jury but they are not to be admitted upon Oath against the King Sheriffs Officer examined Sheriffs Officer My Lord all that I can say in this business is this one of our fellows that belongs to our Master the Sheriff John Rooten by name he and I were talking about this very story and he did acquaint me with this That he was in Rosemary-Lane a little after the Execution of the King drinking with the Hangman that he did urge him whether he did this fact God forgive me saith the Hangman I did it and I had forty half Crowns for my pains Abraham Smith examined Smith My Lord assoon as that fatal blow was given I was walking about White-hall down came a file of Musketeers the first word they said was this where be the Bargemen Answer was made here are none away they directed the Hangman into my Boat going into the Boat he gave one of the Souldiers a half Crown saith the Souldiers Waterman away with him be gone quickly but I fearing this Hangman had cut off the Kings Head I trembled that he should come into my Boat but dared not to examine him on shore for fear of the Souldiers so out I lanched and having got a little way in the water said I who the Devil have I got in my Boat says my fellow sayes he why I directed my speech to him saying are you the Hangman that cut off the Kings Head No as I am a sinner to God saith he not I he shook every joynt of him I knew not what to do I rowed away a little further and fell to a new examination of him when I had got him a little further tell me true said I are you the Hangman that hath cut off the Kings Head I cannot carry you said I no saith he I was fetcht with a troop of Horse and I was kept a close prisoner at White-Hall and truly I did not do it I was kept a close prisoner all the while but they had my instruments I said I would sink the boat if he would not tell me true but he denyed it with several protestations William Cox examined Cox When my Lord Capell Duke Hamilton and the Earl of Holland were beheaded in the Palace yard in Westminster My Lord Capell asked the Common Hangman said he did you cut off my masters head yes saith he where is the instrument that did it He then brought the Ax is this the same ax are you sure said my Lord Yes my Lord saith the Hangman I am very sure it is the same my Lord Capell took the Ax and kissed it and gave him five pieces of Gold I heard him say sirrah wert thou not affraid saith the Hangman they made me cut it off and I had thirty pound for my pains Richard Abell examined Abell My Lord in the house of one Mr. Bramston I did hear Gregory himself confess that he cut off the Kings head L. Ch. B. You that are the prisoner at the bar the Court is willing to give all full scope as far as may be to examine the truth of the fact as they would not condemn the innocent so they would not acquit the guilty do you desire further time to examine the truth of it before it be put upon the Jury H. I do confess I do not understand the Laws I desire I may have a little further time I desire the Jury may be withdrawn I desire a fortnights time but submit to the Court. A Stranger Examined Stranger My Lord I was with my Master in the company of Brandon the Hangman and My Master asked Brandon whether he cut off the Kings head or no He confessed in my presence that he was the man that did cut off the Kings head Lord Chief Baron You that are the Prisoner at the Bar the Court was willing to give you as much time as they could by Law The Jury hath been charged and evidence given all those Witnesses have been examined that we could hear of now for your advantage I will say something to you It was here said and given in Evidence that Axtell did send a Boat to fetch the common Hangman if we knew more that might tend to your advantage it should be repeated You Gentlemen of the Jury mark it There is first Gittens he swears that he was in the same Regiment that you were in twelve or thirteen years together he saith that he and others were called together upon their Oaths and you amongst the rest and there was an Oath of secrecy asking them if they would do such an Act they all refused to do it so did you but he said the day of Execution of the King this Gittens got among them and one Captain Web kept the door and he saw you fall before the King and ask the King forgiveness he said he heard your voice and so knew you and that the day after Captain Atkins said you shall see Hulet shortly come to preferment and he saith he did not see you in the Regiment that day and that Hewson and all the Regiment used to call you Father Gray-beard Stammers he saith that you was Capt. Lieutenant to Col. Hewsons Troop and you coming to Lutterels town you asked him several particulars whether he had been in the Kings Army walking up and down you said you were the man beheaded King Charles and for that you had one hundred pounds this he swears positively Samson Toogood he swears he saw you come to Col. Hewsons in 1650. you talked to him very familiarly when you were gone he asked who you were he told him you were a Captain Lieutenant of Horse and he said that you were a very mettled fellow and did the Kings business upon the Scaffold that
I did it ignorantly not knowing what I did I shall not deny the matter of Fact but as to that I pleaded Not Guilty before it was in relation to that which I was ignorant of the Law of the Nation I have not been bred to it I humbly desire your Lordships to consider that what I did was done ignorantly not knowing the Law Counsel What was that Smith I do confess that I sat in the Court I do not remember that I signed or sealed both the Warrants being shewed him adds My Lord I confess the hands are like mine but whether they be so or no I know not Counsel Then we will prove it Is the Seal yours Smith I do not know Counsel Do you confess you were in the Painted Chamber the 29th of January Do you remember any thing of that Smith I do not certainly know that Counsel My Lord he hath said enough Shall the Jury doubt of that which he believes Smith I do not remember that I did write it Counsel My Lord we press it no farther he hath confessed enough Smith My Lord what I have don I beseech you consider I did it in ignorance not knowing the Law there were those about me that were able to call me who were then in Authority whom I dared not disobey if so I had been in danger also Counsel My Lords we have done be pleased to direct the Jury upon these several Evidences and Confessions Smith I beg one word I must declare this I can speak it seriously That from the first to the last of these unhappy Wars I have been a Man of trouble and sorrow I have been as many wiser Men have been run upon Error My Lord I know not what I have done I pray that this Court will be pleased to be a Mediator for me that I may have his Majesties favour and that this Petition may be received on my behalf He then delivered his Petition to the Court. I can rejoice for that happy settlement that is again in the Nations and declare chearfully my humble submission to that Government and desire the Lord will bless and prosper his Majesty and the Parliament in these Nations My Lord I rendred my self according to the Proclamation I shall say no more Lord Chief Baron Gentlemen you of the Jury These Prisoners that stand before you at the Bar that is Mr. Harvy Pennington Marten Millington Titchburn Roe Lilburn and Mr. Smith there are eight these are Persons who by the Act of Indempnity are to be tried for their Lives for the Treasons they have committed but no Execution is to be until the Parliament have further considered the Matter that is before us and you are to find the Matter of Fact What Mercy they shall find hereafter that is to be left as I told you to the consideration of the Parliament we are to proceed according to Law and Justice They are all Indicted for Compassing and Imagining the Death of our late Soveraign Lord Charles the First of most glorious memory And for that that hath been opened to you there are so many Overt Acts which are as so many Evidences to prove that Indictment which is the compassing and imagination of their Hearts to put the King to Death If any one of these be proved that is alone enough to prove the Indictment which is the compassing and imagining of the Heart that is the Treason the other are but Evidences If any thing burst forth from the Mouth or from the Hand as here it is these are Evidences of the imagination of the Heart for this you have heard by the confession of all of them that they did enough to find the Indictment they have all of them confessed their sitting upon the King in that traiterous Assembly which they called the High Court of Justice There is one of the Overt Acts expresly laid down in the Indictment they took upon them an Authority to consider how to put the King to death and that they did put the King to death but they were mistaken as some of them said that the actual murdering of the King was not their meaning But if they did that which tended towards it they are all guilty of Treason it is all one to you if they be guilty of any of these either Sitting Sentencing or Signing they are guilty and all of these except two are guilty of all these The Matter is clear and pregnant there is something hath been said by many of them with a great deal of expression of sorrow they did confess all but one the Fact and that which tended to their defence was ignorance but that doth not at all concern you It will be taken in its due time into consideration the several deportments of them all that is for another Judicature Your business is to find the Matter of Fact only this let me repeat unto you There is Mr. Harvy who hath pleaded several Matters which are not proper for you expressing his sorrow and penitence We shall not trouble you with that because they are for the consideration of another Court We ought all to have a tender compassion ought to be sorry with and for them that are sorrowful The like of Alderman Pennington Marten hath done that which looks forward more than backward I could wish with all my heart he had looked more backward that is to repentance of that which is past than obedience to that which is to come it is a trouble to repeat those things which he said himself and truly I hope in charity he meant better than his words were Millington he hath done the like with the rest confessed the Fact put himself upon Mercy wholly and said He was over-awed by the present Power This I repeat not as any thing to you who are to consider only Matter of Fact For Alderman Titchburn he hath spoken very fully and truly very conscienciously upon the whole Matter acknowledges his ignorance his sorrow his conviction in point of Conscience and I beseech God Almighty to incline his heart more and more to repentance They that crucified Christ to use his own words through ignorance found mercy Colonel Roe He confesses the same wholly and casts himself upon the King's Mercy and he thought it a blessed thing that the King was restored again and submitted wholly to mercy and so did Mr. Lilburn he said he went to his Chamber and mourned the day the King was beheaded I am very glad he had so early a sense of it William Smith He did it ignorantly he was not guilty thus far that was he was led on even like one silly Sheep that follows another by what relation I have heard of the Person at that time he was not thought fit to be of the Privy Council There is nothing more to say to you the Fact is confessed by them all It is so clear you need not go from the Bar. After a little consultation between the Jurors they returned to their places
Clerk of the Crown Are you agreed of your Verdict Jurors Yes Clerk Who shall say for you Jury Our Foreman Clerk Edmond Harvey hold up thy hand How say you Is the Prisoner Guilty of the Treason whereof he stands Indicted and hath been Arraigned or not Guilty Jury Guilty Clerk Look to him Keeper Clerk What Goods and Chattels c. Jury None to our knowledg The same question being asked touching Alderman Penington Henry Marten Gilbert Millington Alderman Titchborne Col. Roe Col. Lilburn and Henry Smith they were severally found Guilty by the Jury in manner aforesaid All which Prisoners finding the place where they stood to be cold and unwholsome prayed the Court they might have leave to be returned to the Prison till the Court shall be pleased to command their further attendance which was granted The rest of the Prisoners aforenamed together with W. Heveningham brought to the Bar. Clerk You the Prisoners at the Bar those Persons last called of the Jury are to pass c. If you or any of you will challenge all or any of them you must challenge them when they come to the Book before they be sworn Clerk Charles Pilfield Christopher Abdy George Terry Daniel Cole Anthony Hall Richard Abel Edmond Starnel Edmond Pit William Whitcomb Francis Dorrington Thomas Nicoll Robert Sheppard in all twelve admitted and sworn of the Jury Clerk If any Man can inform c. Clerk John Downs hold up thy hand c. and the like were said to to all the other Persons following viz. Vincent Potter Augustine Garland Simon Meyne James Temple Peter Temple Thomas Waite and William Heveningham Look upon the Prisoners at the Bar you that are sworn you shall understand that John Downes the Prisoner at the Bar stands Indicted c. Kings Counsel May it please your Lordships and you Gentlemen of the Jury The Prisoners at the Bar stand indicted of High Treason for compassing and imagining the Death of the late King Charles the First of blessed memory The Evidence by which we shall make out against them this Treason of their Heart in compassing and imagining the King's Death for that is the substance of the Indictment and all that follows is but Evidence will be by proving that they did sit as Judges in that pretended Court of Justice when the King stood a Prisoner at the Bar That they did Sentence him to death every one of them and we shall prove against all but one of them that they did sign that bloody Warrant for murthering of the King and against one of them that stands at the Bar we shall prove to his shame and confusion of face that he did spit in the face of our late Sovereign Lord. John Downes My Lord I have humbly pleaded Not Guilty not with any intention to justifie the Fact or to extenuate it but my Lord in regard there is that charged in the Indictment that my Conscience saith I am not guilty of I durst not plead guilty otherwise my Lord I should not have troubled you with Not Guilty but should have humbly taken the shame and confusion for it it is my intention to put the Court to as little trouble as possible I can therefore I do most humbly intreat of your Lordships and the Court that you will permit me to acknowledg that which will be a sufficient evidence of my Conviction if the Court so please and that you will be pleased to hear me on my behalf if I can humbly offer to you some special thing which is not in the Case of another I could wish it had if it had we had none been here I do humbly acknowledg that to sit upon that occasion in that place is evidence enough to convince what is in the Heart except by some signal Actions that might happen from some that might shew how it was his unhappiness to be put into such a business yet had neither Malice nor Treason in his Heart I do humbly conceive that there is that goodness in you that this Plea this Allegation will be most welcome to you My Lord though there was such a thing such an unparallel'd thing I was thrust into this number but never was in consultatin about the thing God is witness I was not put in till the Act was ready to pass in a second Commitment by one of the same number I denied it yet they said I must make one I must take my share so I came in Never did I know of his Majesty's being brought to London till he came My Lords In this great unhappiness I think it is some mitigation and I judg it a happiness that so wise prudent Persons as this Court consists of that you are my Judges that can look back my Lord and consider what the Times were then and can my Lord account it a happiness that there is a special Wisdom in you that in nice Cases you will be able to make a distinction I do indeed my Lords sadly and seriously confess That I was divers times with those Persons that were called Judges of the late King at several of their Meetings and Sittings it is long ago I cannot say how often I was several times there My Lord I do humbly beg of your Lordships I will trouble you as short as I can that you would be pleased so far to favour me as to give me leave to give you a short account of the business The last day his Majesty came to that which was called then a Court several times he was brought I think thrice and his Charge was given in words high enough he said He could not acknowledg their Jurisdiction that was the Answer my Lord till the last day then I confess I was there He that was called President did again and again tell him the Heads of his Charge told him he had several days given for consideration That this was the last day that the Court as they call'd themselves would give him his final Answer if he stood still to day and move to the jurisdiction of the Court they must take all pro Confesso and would give sentence My Lord to this his Majesty indeed with a great deal of composedness and wisdom told them to this effect I cannot own your Jurisdiction you have power enough indeed I wish you may use it well but because you are so ready to give a sentence which may be sooner given then avoided I think fit to let you know that I have something that I desire to speak to my Parliament for I have something to offer unto them that will be satisfactory to you all and will be for the immediate settlement of the Kingdom in peace My Lord he that was called President answered that no notice could be taken of any thing but onely whether he would answer to his Charge upon that my Lord his Majesty indeed with the greatest earnestness that ever I beheld and yet in no unseemly passion told them they might soon repent of such
how to reconcile that which hath been said before with this that comes after I leave it to you I am totally at a loss When those times were how impetuous the Soldiers how not a man that durst either disown them or speak against them I was threatned with my very life by the threats of one that hath received his reward I was induced to it Certainly my Lord it doth argue that there was not malice predommant Love and Hatred cannot be at the same time in one person Design my Lord what should be my design a poor ordinary mean man Surely my Lord I could not design any great matters or places I knew my self unfit I humbly beg you would give me leave to tell you a little what I got Mr. Sol. Gen. By your favour my Lord the Prisoners at the Bar may say what they will by way of extenuation but we expect that when they enter upon these Discourses they will save your Lordships time and ours by a publick confession and evidence of sorrow We cannot spend so long time to hear these long Discourses we will rather prove it against every man singly Downes I will trouble you no further I do acknowledge all I humbly submit and beg your favour and leave my self eupon my Countrymen the Jury and beg the King's mercy specially Pray spare me one word that you would hear but a Witness or two unto that business Counsel He doth confess he sate and signed we beleive he is sorrowful and against his Conscience he did sign and that he did it out of a fear and from a threat that he was over-awed so was the Hangman too but after he had apprehended this sorrow and declared his Judgment upon the fact he signed the Warrant Downes My Lord I do humbly beg his Majesties mercy I came in upon the Proclamation Vincent Potter My Lord my condition requires ease for my Body he had a fit of the Stone upon him at that same time I pray that the passing the Sentence for execution may be suspended L. Ch. B. The Execution must be suspended for you are within that Qualification Potter I desire only this I am not in a condition to declare what I know and would speak I am mighty ful of pain if I am under that Qualification let me rest under that Counsel Do you confess the Indictment or will you put us to prove it Potter I am one that came in L. Ch. B. It is thus with you whether or no did you sit sign or act in this High Court of Justice against the King Potter I will deny nothing I confess the fact but did not contrive it I am full of pain Lord Chief Baron According to the demerit of the Case in Law you must receive Judgment here but no execution of that Judgment shall be until the King by advice and consent of Lords and Commons shall order the execution of it you are to be tried now Do you confess you signed the Warrant for execution of the King Potter I do confess it my Lord. Counsel We do accept it Potter I beseech you let me go to ease my self Lord Chief Baron Officer set a Chair for him which was done Mr Potter sit down Aug. Garland May it please your Lordship I came here this day intending to have waved my plea and referred my self to this honourable Court to be recommended to the Kings mercy and the Parliament But hearing of some scandal upâ—â— me more then ever I did hear till within these few dayes I shall desire your favour in hearing of my Trial. Mr. Sol. Gen. My Lord he saith well for if he had confessed the Indictment we should not have accepted it Call the Witnesses Garland I do confess this I sate and at the day of Sentence signed the Warrant for Execution Mr. Sol. Gen. And we will prove that he spat in the Kings face Gar. I pray let me hear that Otherwise I would not have put you to any trouble at all Clench sworn Counsel Do you know the prisoner at the Bar Augustine Garland Clench I know him very well Counsel Tell my Lords and the Jury how you saw him behave himself to our Sovereign Lord the King when he was at the Bar. Clench I was that day at Westminstar-hall when the King had sentence they hurried the King down this Mr. Garland came down stairs by them towards the bottome of the stairs he spit in his face at a little distance Couns Do you believe he did it on purpose upon your oath Clench I suppose he did it somewhat suspiciously in that way I did see the King put his hand in his left pocket but I do not know whether the king wiped it off Mr. Sol. Gen. The King wiped it off but he will never wipe it off so long as he lives He hath confessed that he sate that he sentenced and that he signed We say he contrived it at the beginning and at last bid defiance to the King I shall desire he may be remembred in another place Garland I do not know that I was near him at that time I do not remember this passage I am afraid he is an Indigent person If I was guilty of this inhumanity I desire no favour from God Almighty L. Ch. B. I will tell you this doth not at all concern the Jury but this Circumstance possibly may be considered in another place Gar. I refer my self whether you be satisfied that I did such an Inhumane act I submit that to you I dare appeal to all these Gentlemen here looking upon the prisoners or any other whether they ever heard of it nor I was never accused for such a thing till a few dayes since but I wave my plea and refer my self to the Court Now my Lord this is the truth of my Case there is that honorable Gentleman the Speaker of the House of Commons knows I lived in Essex in the beginning of these troubles and I was inforced to forsake my habitation I came from thence to London where I have behaved my self fairly in my way Afterwards in 1648 I was chosen a member into the Parliament in June 1648 I came in a Member of the Parliament My Lord after the division of the House by the insolency of the Soldiery some came to me and desired me that I would go to the House I was then at my Chamber at Lincolns-Inne I forbore a Week and more said I I do not expect to be admitted for they look upon me as another person said they If you will go you shall have no contradiction I went and went in when I was in the first business that came was the business of Tryal of the King and it was put on me to be Chair-man for bringing in this Act for Tryal I did not know how to contradict that power or authority be it what it will but I must obey I fear my ruine will follow it in that respect my Lord when I came there I
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
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