be directed to answer and if he refused That the matter of the Charge be taken pro confesso And the King not owning their Authority was remanded Fol. 58. Westminster-Hall Tuesday the 23d Afternoon The King not owning their Authority was remanded and the Court Adjourned to the Painted-Chamber And there Resolved They would examine Witnesses Fol. 61. Painted-Chamber Wednesday the 24th was spent in examining their Witnesses Fol. 66. Painted-Chamber Thursday the 25th Afternoon They examined more Witnesses They Resolved to proceed to Sentence of Condemnation against the King And that this Condemnation be for being Tyrant Traytor and Murtherer and Publick Enemy to the Commonwealth And that the Condemnation extend to Death Fol. 68. And Ordered That a Sentence grounded upon these Votes be prepared by Scot Marten Harrison and others Painted-Chamber Friday the 26 th The draught of the Sentence Reported and agreed And Resolved That the King be brought the next day to Westminster-Hall to receive it Fol 96. Painted-Chamber Saturday the 27 th Fore-noon The Sentence being engrossed Resolved The same should be the Sentence which should be read and published in Westminster-Hall the same day That the President should not permit the King to speak after Sentence That after the Sentence read he should declare it to be the Sence and Judgment of the Court. That the Commissioners should thereupon signifie their Consent by standing up And the same day the Commons Ordered the Clerk to bring in the Records of that Judgment to the House Journal of the House Westminster-Hall the same Day After-noon The King being brought in and not owning their Authority the Sentence was read And upon the Declaration of the President That it was the Judgment of the Court they stood up and Owned it and Adjourned to the Painted-Chamber And there appointed Waller and others to consider of the Time and Place for Execution Painted-Chamber Monday the 29 th Upon the report of the Committee Ordered A Warrant be drawn for executing the King in the open Street before White-Hall the next day directed to Hacker and others which was done accordingly Fol. 116. 31. January 1648. Ordered by the Commons That the Lord Grey out of Haberdashers-Hall to difpose of 100 l. for the Service of the Common-wealth 2. February 1648. They Ordered in the first place to take into Consideration and Debate the House of Lords for settlement of the Government 6. February 1648. The House being seventy three And the Question put Whether that House should take the Advice of the House of Lords in the exercise of the Legislative Power The House was divided and it carried in the Negative by fifteen Voices And then Resolved That the House of Peers was useless and dangerous and ought to be abolished And Ordered an Act to be brought in for that purpose 7. February 1648. The Declared That the Office of a King in this Nation and to have Power thereof in a Single Person was unnecessary burthensom and dangerous to the Liberty Safety and publick interest of the People and therefore ought to be abolished 9. February 1648. They Ordered The Narrative of the Proceeding and Records for Tryal of the King to be forthwith brought into this House 16. February 1648. They Ordered That the Clerk of that High Court of Justice be desired to bring in those Proceedings to their House the next Day March 1648. Sir Arthur Hasilrig Reports from the Committee that Charls and James Stewart Sons of the late King should dye without Mercy wheresoever they should be found 12. December 1650. Mr. Say Reported the Proceedings of their High-Court against the King contained in a Book entituled A Journal c. which was read at large by their Clerk He likewise presented from that Court the Act for Tryal of the King and the Precept for holding the Court. The Charge was exhibited the twentieth And The Sentence Read the twenty seventh of January 1648. And thereupon they Declared That the Persons entrusted in that great Service had discharged their Trust with great Courage and Fidelity That the Parliament was well satisfied in that Accompt of the Particulars and Proceedings And Ordered That the same Records do remain among the Records of Parliament That those Proceedings be Engrossed in a Roll and Recorded among the Parliament-Rolls for transmitting the Memory thereof to Posterity And Resolved That their Commissioners for their Great Seal issue a Certiorari to their Clerk to transmit those Proceedings into the Chancery there to be on Record And that the same be sent by Mittimus from thence to other Courts at Westminster and Custos Rotulorum of the Counties to be Recorded In the County Middlesex The Proceedings at Hicks Hall Tuesday the 9th of October 1660. in order to the Tryal of the pretended Judges of his late Sacred Majesty THe Court being sate the Commission of Oyer and Terminer under the Great Seal of England was first read It was directed to the Lords and others hereafter named viz. Thomas Aleyn Knight and Baronet Lord Mayor of the City of London The Lord Chancellor of England The Earl of South-hampton Lord Treasurer of England The Duke of Somerset The Duke of Albemarle The Marquess of Ormond Steward of his Majesties Houshold The Earl of Lindsey Great Chamberlain of England The Earl of Manchester Chamberlain of his Majesties Houshold The Earl of Dorset The Earl of Berkshire The Earl of Sandwich Viscount Say and Seal The Lord Roberts The Lord Finch Denzil Hollis Esquire Sir Frederick Cornwallis Knight and Baronet Treasurer of His Majesties Houshold Sir Charles Barkly Knight Comptrouler of His Majesties Houshold Mr. Secretary Nicholas Mr. Secretary Morris Sir Anthony Ashley-Cooper Arthur Annesley Esquire The Lord Chief Baron Mr. Justice Foster Mr. Justice Mallet Mr. Justice Hide Mr. Baron Atkins Mr. Justice Twisden Mr. Justice Tyrrel Mr. Baron Turner Sir Harbottle Grimston Knight and Baronet Sir William Wild Knight and Baronet Recorder of London Mr. Serjeant Brown Mr. Serjeant Hale John Howel Esquire Sir Geoffry Palmer His Majestie 's Attorny General Sir Heneage Finch His Majestie 's Solicitor General Sir Edward Turner Attorney to His Highness the Duke of York Wadham Windham Esquire Edward Shelton Esquire Clerk of the Crown The Grand Jury Sworn were Sir William Darcy Baronet Foreman Sir Robert Bolles Baronet Sir Edward Ford Knight Sir Thomas Prestwick Sir William Coney Knight Sir Charles Sidley Baronet Sir Lewis Kirk Knight Sir Henry Littleton Baronet Sir Ralph Bovey Baronet Edward Chard Esquire Robert Giggon Esquire John Fotherly Esquire Charles Gibbons Esquire Thomas Geree Esquire Richard Cox Esquire Robert Bladwell Esquire Henry Mustian Esquire John Markham Esquire Edward Buckley Gent. Francis Bourchier Gent. Edward Lole Hart Cryer After Proclamation for silence was made it pleased Sir Orlando-Bridgman Lord Chief Baron of His Majestie 's High Court of Exchequer to speak to the Jury as followeth The Lord Chief Baron's Speech Gentlemen YOu are the Grand Inquest for the Body of this County of Middlesex You may
October 11th 1660. The Court being Assembled the Keeper was commanded to set the Prisoners to the Bar. Thomas Harrison Adrian Scroop John Carew John Jones Gregory Clement Thomas Scot were brought to the Bar accordingly After which Silence was Commanded Court You that are Prisoners at the Bar if you or any of you desire Pen Ink and Paper you shall have it and if you or any of you will Challenge any of the Jury you may when they come to be Sworn and that before they are Sworn Sir Thomas Allen being called was desired to look on the Prisoner and lay his Hand on the Book his Oath was then read to him viz. You shall well and truly try and true deliverance make between Our Sovereign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence So help you God Sir Joshua Ash being next called Mr. Scroop excepted against him Sir Jeremy Whichcot Baronet being next to be Sworn Mr. Harrison excepted against him James Halley Esquire being next to be Sworn Mr. Scot excepted against him Court If you will not agree speaking to the Prisoners in your Challenges we must be forced to Try you severally Henry Mildmay Esq being called next Mr. Scroop excepted against him Court We must needs Try them severally therefore set them all aside but Harrison Court Gentlemen you that are excepted must not depart the Court. Sir Joshua Ash being again called was excepted against by Mr. Harrison Sir Jeremy Whichot Baronet James Halley Esq Henry Mildmay Esq Christopher Abdy Esq Being called again were severally excepted against by the Prisoner Court Mr. Harrison You know the Law You must say I Challenge him Mr. Harrison I shall Sir Ralph Hartley being next called and being very sick humbly prayed to be excused by the Court which was granted Arthur Newman was called next Mr Harrison May I not ask of what Quality he is Court No Sir You are to Challenge him or not to Challenge him Mr. Harrison I Challenge him Thomas Blith was next called and also Challenged Here the People seemed to laugh Mr. Harrison My Lord I must make use of my Liberty in this Case Court God forbid Then Grover Robert Clark and Richard Whalley were called and by Mr. Harrison Challenged Court Mr. Harrison you know many to Challenge If you go beyond the Number at your own peril be it Mr. Harrison My Lord pray tell me what it is Court You say very well God forbid but you should know You may Challenge five and thirty Peremptorily If you go beyond you know the Danger Mr. Harrison My Lord I do not this to keep you off from the Business William Vincent and Henry Twiford were then called and Challenged John Lisle was next called Mr. Harrison I do not know him Mr. Lisle Nor I you Mr. Harrison He was Sworn Thomas Franklin Sworn Thomas Winter Challenged Richard Nichol Sworn Moyce being sick prayed Excuse which was granted accordingly Richard Cheyney Challenged Allen Parsons Challenged Henry Edlin called Mr. Harrison I Challenge him Mr. Harrison Let him be Sworn Court No No. Whereupon he was set aside Mr. Harrison If I have any Apprehension or knowledg of them that 's the thing that leads me to it as touching this man he may be Sworn Court When he is Challenged he cannot be recalled Mr. Harrison I am content Samuel Greenhill Sworn Thomas Bide Challenged John Page Challenged Richard Rider Challenged Mr. Harrison Lest I may run into an Hazard in making use of that Liberty which the Law gives me in this Case and having not taken Notice of any Perfons Challenged I mean as to the Number I desire your Officer that takes Notice may acquaint me with the Number Court You shall know it God forbid the contrary Edward Rolph was called next Mr. Harrison Mr. Rolph is his Name Let him be sworn Sworn Francis Beal Challenged John Kirk Challenged Charles Pitfield Challenged John Smith Challenged Bell Sworn Edward Franklin Challenged William Whitcomb Challenged Samuel Harris Sworn John Collins Challenged Thomas Snow Sworn William Blunt Challenged George Rigth Challenged John Nichol of Finchley Sworn Timothy Taylor Challenged Thomas Fruin Challenged Richard Abel Challenged Thomas Morris Sworn Ambrose Scudamore Challenged Ralph Halsel Challenged George Tirry Challenged Court You have Challenged Thirty three already Mr. Harrison I pray the Names may be read to me to see if it be so Court When you come to Thirty five you shall have the Names read John Galliard Challenged Thomas Swallow Challenged Court Now read their Names to him Which were read accordingly In all thirty five Challenged George Pickering was next called and Sworn Then they were called over who were admitted viz. Sir Thomas Allen John Lisle Thomas Francklin Richard Nichol Samuel Greenhil Edward Rolph Bell Samuel Harris Thomas Snow John Nichol Thomas Morris George Pickering and Sworn Proclamation was then made If any man can inform my Lords the King 's Justices the King ' s Serjeant or the King's Attorney before this Inquest be taken let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all those bound by Recognizance to appear let them come forth and give their Evidence or else to forfeit their Recognizance George Masterson James Nutley Robert Coytmore Holland Simson and William Jessop Witnesse were called Court Gentlemen that are not of the Jury Pray clear the Passage The Prisoner is here for Life and Death let him have Liberty to see the Jury Clerk Thomas Harrison Hold up thy Hand Clerk Look upon the Prisoner you that are Sworn You shall understand that the Prisoner at the Bar stands Indicted by the Name of Thomas Harrison late of Westminster in the Country of Middlesex Gentleman for that He together with John Lisle c. Here the Indictment was read upon which Indictment be hath been Arraigned and thereunto hath pleaded Not Guilty and for his Trial hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether he be Guilty of the High Treason in Manner and Form as he stands Indicted or Not guilty If you find that he is guilty you shall enquire what Goods and Chattels he had at the time of committing the said Treason or at any time sithence If you find that he is Not guilty you shall enquire whether he did fly for it if you find that he fled for it you shall enquire of his Goods and Chattels as if you had found him Guilty if you find that he is Not guilty nor that he did fly you shall say so and no more And take heed to your Evidence Mr. Keeling Enforced the Charge at large After whom Sir Henneage Finch His Majesties Solicitour General in these words MAY it please Your Lordships we bring before your Lordships into Judgment this day the Murtherers of a King A man would think the Laws of God and Men had so fully secured
Hand to the Warrant for summoning of that Traiterous Assembly The High Court of Justice as they called it And also it appears by his Hand to the Warrant for Execution that Bloody Warrant He hath been so far from denying that he hath Justified these Actions The Evidence is so clear and pregnant as nothing more I think you need not go out The Jury went together at the Bar and presently unanimously agreed on their Verdict whereupon they were demanded by the Clerk Clerk Are you agreed upon your Verdict Jury Yes Clark Who shall say for you Jury Our Fore-man Which was Sir Thomas Allen. Clerk Thomas Harrison Hold up thy Hand Gentlemen of the Jury Look upon the Prisoner How say ye Is he guilty of the Treason whereof he stands Indicted and hath been Arraigned or Not guilty Fore-man Guilty Then the Keeper was charged to look to the Prisoner Clerk What Goods and Chattels had he at the time of committing this Treason or at any time sithence Fore-man None to our Knowledg Which Verdict being repeated to the Jury by Mr. Clerk of the Crown the Jury owned it unanimously Mr. Solicitor Gen. My Lords upon this Verdict that hath been given against the Prisoner at the Bar I humbly move that we may have Judgment given Your Sessions will be long and your work will be great his Demeanour hath been such that he doth not deserve a Reprieve for so many Days that you are like to spend in this Session Court Mr. Harrison they desire Judgment upon the Verdict What do you say for your self why Judgement should not pass against you Clerk Thomas Harrison hold up thy Hand What hast thou to say for thy self why Judgmnt should not pass against thee to dy according to Law Mr. Harrison I have nothing further to say because the Court have not seen meet to hear what was in my Heart to speak I submit to it The Cryer made Proclamation for Silence whilest Judgment was in giving Lord Chief Baron You that are the Prisoner at the Bar you are to pass the Sentence of Death which Sentence is this The Judgment of this Court is and the Court doth award that You be led back to the place from whence you came and from thence to be drawn upon an Hurdle to the place of Execution and there you shall be hanged by the Neck and being alive shall be cut down and your Privy-Members to be cut off your Entrails to be taken out of your Body and you living the same to be burnt before your Eyes and your Head to be cut off your Body to be divided into four Quarters and your Head and Quarters to be disposed of at the pleasure of the Kings Majesty and the Lord have Mercy upon your Soul And then Proclamation was made for Adjournment of the Court to this place till seven of the Clock to morrow morning And all Jury-men and Witnesses were commanded to be at the said Place and Time upon Forfeiture of an hundred Pounds apiece Octob. 1â— 1660. The Proclamation for Silence The Jury called Prisoners brought to the Bar viz. John Jones Adrian Scroop Thomas Scot Gregory Clement John Carew Cryer Sir Thomas Allen. Clerk Sir Tho. Aleyn lay your hand on the Book look upon the Prisoner at the Bar. Scroop I challenge him my Lord. L. C. Bar. That you may not mistake if you challenge in this manner and do not joyn in your challenges we must try you severally one after another I must tell you the course of the Law If one challenge one and another challenge another we must sever and go to Tryal one by one Call the next Cl. Sir Henry Wroth. Scroop I challenge him L. C. Bar. Then we must go on severally set all aside but Mr. Scroope Mr. Scroop you may challenge particularly whom you will till you come to 35. if you go beyond that number you will lose the benefit of the Law Scr. I desire my Lord that whosoever was challenged yesterday may not be called again Court No that cannot be that is nothing to you The Court thereupon proceeded and called Challenged John Lisle Nic. Raynton Thomas Wynter Thomas Frankelyn Randal Nichol Jo. Kirke Ambrose Scudamore George Tirrey who were all challenged Jury Thomas Willet Hen. Marsh Charles Pitfied Chr. Abdy Rich. Cheny Tho Bid. Jo. Smith Richard Abel Ralph Halsal Jo. Gallyard Tho. Swallow Sam. Starnel were admitted and sworn on the Jury Cl. Cryer make Proclamation If any man can inform my Lords the King's Justices the King's Serjeant or the King's Attorney before this Inquest be taken between our Soveraign Lord the King and the Prisoner at the Bar let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his delivery and all others bound by recognizance to give evidence against the Prisoner at the Bar let them come forth and give their evidence or else they shall forfeit their recognizance Cl. Adrian Scroop hold up thy hand you Gentlemen that are sworn look upon the Prisoner and hearken to his charge you shall understand c. upon this Indictment he hath pleaded not guilty M. Sol. May it please your Lordships and you Gentlemen of the Jury this Prisoner at the Bar stands indicted sor compassing and imagining the death of the late King of blessed memory The Indictment sets out that to that end and purpose the Prisoner at the Bar did with others assemble and sit together at Westminster Hall consulting upon him and usurped an authority to proceed against the life of our said late Soveraign and in persuance of that our late Soveraign was brought to his death These things are alledged in the Indictment as several over Acts to shew the treason of his heart which was the compassing and imagining the death of the King Compassing and Imagining are the words of the Statute the rest of the Indictment is but as so many overt-acts evidences and manifestations of that corrupt and wicked heart of his by which he first thought such a thought against his Soveraign The manner of our evidence shall be this Before they could come to accomplish this damnable design it was necessary to meet in a trayterous assembly which they called the High-Court of Justice that under the pageantry and mockery of that they might pretend to murder him by a Sentence and before that assembly could come to sit there was a Precept set forth very formally to summon them to sit This Prisoner at the Bar is one of those persons who under his hand and seal did summon that Court to sit upon the life of our late Soveraign When the Court in obedience to that summons as they called it did meet they sate several times and he among them they did proceed with a wonderful impudence as they had begun to pronounce sentence of death upon our late Soveraign My Lords this Prisoner at the Bar was amongst them and was at that Court and gave the sentence When they had done that
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
by the Law of War He goes further and urges the statute of 11. Hen. 7. He comes further and saith in the 25. Edw. 3. that concerns single persons truly it concerns every man The Indictment you see how it is laid It is for Imagining and Compassing the Death of the King The overtacts in the Indictment you have heard what they are there must be more than one Witness for Treason It is very true but if one person prove one thing another person another if one swear he did cry Justice Justice Execution Execution and another swear some other part Gentlemen this was here before delivered to you for an overtact It is any thing that opens and makes it appear to the Jury that he did do the things for which he is Indicted I say any one of these that they did meet together and did consult in order to the putting the King to Death That they did meet in a Trayterous Assembly about the Kings Death I shall say no more you need not I think go from the Bar. The Jury go together and after a little consultation among themselves they returned to their places Clerk of the Crown Gentlemen of the Jury are you agreed of your verdict Jury Yes Cl. Who shall say for you Jury Foreman Cl. Daniel Axtell hold up thy hand Gent. look upon the Prisoner at the Bar How say you is he guilty of the high Treason whereof he stands Indicted and hath been arraigned or not guilty Foreman Guilty Cl. Look to him Keeper What Goods and Chattels Jury None to our knowledg The Tryal of Colonel Hacker the same day 15. October 1660. CLerk of the Crown Set Francis Hacker to the Bar which was done accordingly Cl. Fr. Hacker Hold up thy hand These men that were last called are to pass upon you c. If you will challenge all or any of them you must challenge them when they come to the Book before they are sworn Lord Chief Baron You may challenge 35 peremptorily but no more Hacker My Lord I shall challenge none Tho. Bide Rob. Sheppard Will. Dod Sir Tho. Allein Sir Hen. Wroth Tho. Morris Ralph Halsal John Galliard John Nicol Tho. Vfman Tho. Nicol Christopher Abdy in all Twelve The Jury called and sworn Clerk of the Crown Proclamation if any man can inform my Lords the Kings Justices c. Clerk Francis Hacker hold up thy hand look upon the Prisoner you that are sworn of this Jury You shall understand that Francis Hacker Prisoner at the Bar stands indicted c. Mr. Serj. Keeling My Lords and Gentlemen of this Jury Francis Hacker the Prisoner at the Bar stands indicted amongst others for Compassing and Imagining the death of the late King Charles the First of happy Memory The Compassing and Imagining is the Treason it self the other points as Convening Assembling Meeting together and the actual villany that followed all these are but as Evidences of that Imagination As to this person at the Bar our Evidence will be thus We shall make it appear to you that he was one of the persons that were upon the Guard and kept the King a Prisoner that he might be sure to be brought to that Mock Court of Injustice Then it will appear to you That this Prisoner at the Bar was highly trusted by all those Miscreants that thirsted for the Kings blood by their bloody Warrant directed to him and others to take the Kings person into custody and to see Execution done This was the person that kept him till he brought him to that fatal Stage That this Warrant was lately brought from his own house by his own Wife to the House of Lords and then we shall shew you that this person set his hand to the Warrant to the Executioner for Execution That he did not do it ignorantly nor unwillingly for he heard the Warrant read we shall make it appear that he was upon the Scaffold and had the Ax in his hand Councel Cryer call Holland Sympson Col. Tomlinson Mr. Nunnelly Mr. Nutly Hercules Huncks and Benjamin Francis who were all sworn as Witnesses Councel Mr. Sympson speak your knowledge of the employment of the Prisoner touching the Tryal and Execution of the King Hacker My Lords I will confess what I know in this case to save your Lordships the trouble I confess I was upon the Guard and had a Warrant to keep the King for his Execution the Warrant being shewn to the Prisoner he confessed that to be the Warrant Councel After you had that Warrant brought to you did you by virtue of that direct another Warrant for Execution of the King Did you not take the King then prisoner from the custody of Colonel Tomlinson Hacker No Sir Councel We shall prove it the Warrant was read At the High Court of Justice for Tryal c. My Lord at the time that this Warrant was signed the person of the King was in the custody of Col. Tomlinson did not you take and demand from Col. Tomlinson the person of the King as soon as you received that Warrant Hacker No Sir I demanded him not Councel Col. Tomlinson tell my Lords the manner of that business Tomlinson My Lords and Gentlemen of this Jury I shall as my memory enables me make a faithful Narrative of this business I had indeed to do with the Guard that had to do with the person of the King about St. Jameses Being then an Officer of the Army a Colonel of Horse when the King came to St. Jameses it was observed by some that there was too great an access of people admitted to the King and within one day or two after there was a party of Halberteers appointed for the stricter observing the Guard they were commanded by three Gentlemen of whom this Prisoner at the Bar was one the orders every day for removing the person of the King were commonly directed to four persons and those were my self Lieu. Col. Cobbet Capt. Merryman and one more but the Guards that still went along were the Halberteers So that every day when the King did go to Westminster he went to Sir Robert Cottons House and so far I went with him and no farther I never went with him nor saw him at that pretended High Court of Justice When he used to go to the High Court of Justice commonly every time indeed the Serjeant Serjeant Dendy as I remember his name was he used to come and demand that the King should go to the High Court of Justice and Col. Hacker did ordinarily go with him with the Halberteers It was my custom to stay in the room till he came back again these Orders continued during the time of his Tryal After the Sentence was given on the day whereon the Execution was to be done it was ordered which order may be produced if significant that the Guards that were for the security of the person of the King should cease when a Warrant from the High Court of Justice for the Execution should be
and art now arraigned or Not guilty Tichbourn My Lord I have been a very close Prisoner without any advice I am altogether unable in Law to speak Court You know the Course hath been delivered to you by others I will not trouble you with it It is neither long nor short the Law requires your answer Guilty or not guilty Tichbourn Spare me but one Word If upon the Trial there shall appear to be matter of Law shall I have the liberty of Councel for it if I shall be put in my own Case to plead matter of Law against those noble Persons who plead on the other part I shall but prejudice my self and therefore I crave Councel Court You must Plead Guilty or Not guilty Tichbourn I have no Reason nor Design to desplease you I am sure I am no waies able to plead with equalness in Point of Law with those Noble Gentlemen To the Matter of Fact this is my Plea in Manner and Form that I stand Indicted I am Not guilty Clerk How will you be Tried Tichbourn By God and the Countrey Clerk God send thee a good Deliverance Clerk Owen Roe Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not Guilty Owen Roe My Lord there hath been so much said already by others I think I need say no more In Manner and Form as I am now Indicted I Plead Not gulty Clerk How will you be Tried Owen Roe By God and the Countrey Clerk God send you a good Deliverance Clerk Robert Lilburn Hold up your Hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Robert Lilburn I desire in regard that being so close a Prisoner for twenty daies that no body ha's been suffered to advise with me Lord Chief Baron I must interrupt you You must not mispend the time Understand the Law You must Plead guilty or Not guilty Rob. Lilburn Will you give me leave to desire Councel before I Plead to advise me touching my Plea Clerk Are you Guilty or Not guilty Rob. Lilburn I desire Councel Court Take heed if that be your Answer You desire Councel and do not Plead and that be Recorded Judgment will pass against you There is nothing to Plead but Guilty or Not guilty If Not guilty what you have to say will be heard Rob. Lilburn If you over-rule me I must submit Court Do not let such Language fall from you it is improper The Law gives us a Rule The Prisoner must Plead Guilty or Not guilty Rob. Lilburn I say then in Manner and Form as I am Indicted I am Not guilty Clerk How will you be Tried Rob. Lilburn By God and the Countrey Clerk God send you a good Deliverance Clerk Bring to the Bar Adrian Scroop John Carew John Jones Thomas Scot Gregory Clement and John Cook Who were brought accordingly and being commanded severally held up their hands at the Bar. The Indictment was read to the Persons at the Bar as before Clerk Adrian Scroop Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and art now Arraigned or Not guilty Adr. Scroop My Lord Not guilty Clerk How will you be Tried Adr. Scroop By God and the Countrey Clerk God send thee a good Deliverance Clerk John Carew Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and art now arraigned or Not guilty John Carew There is some special matter in that Indictment that ought not to be before Court Are you guilty or Not guilty John Carew Saving to our Lord Jesus Christ his Right to the Government of these Kingdoms Clerk Are you Guilty or Not guilty John Carew I say I am Not guilty Clerk How will you be Tried John Carew How would you have me Clerk Will you be Tried by God and the Countrey John Carew I if you will Clerk You must say the words How will you be Tried John Carew By God and the Countrey Clerk God send you a good Deliverance Clerk John Jones Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Jones Not Guilty my Lord. Clerk How will you be Tried John Jones By God and the Countrey Clerk God send you a good Deliverance Clerk Thomas Scot Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Th. Scot. Truly I cannot call it Treason and therefore I Plead Not guilty Clerk How will you be Tried Th. Scot. By God and the Countrey Clerk God send you a good Deliverance Clerk Gregory Clement Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Greg. Clement My Lord I cannot excuse my self in many Particulars but as to my Indictment as there it is I Plead Not Guilty Clerk How will you be Tried Greg. Clement By God and the Countrey Clerk God send you a good Deliverance Clerk John Cook Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty John Cook I humbly conceive that this is now time to move for Councel for matter of Law Court You know too well the manner of the Court. Are you Guilty or Not guilty John Cook Not guilty Clerk How will you be Tried John Cook By God and the Countrey Clerk God send you a good Deliverance Clerk Bring Edmund Harvey Heary Smith John Downs Vincent Potter and Augustine Garland to the Bar. Who were brought accordingly and being commanded severally held up their Hands The Indictment was read to them Clerk Edmund Harvey Hold up your hand How saiest thou Art thou Guilty of the Treason whereof thou standest Indicted and for which thou art now Arraigned or Not guilty Edmund Harvey Not guilty my Lord. Clerk How will you be Tried Edmund Harvey By God and the Countrey Clerk God send you a good Deliverance Clerk Henry Smith Hold up thy hand How saiest thou Art thou Guilty of the Treason whereof thou art Indicted and for which thou art now Arraigned or Not guilty Henry Smith Not guilty my Lord. Clerk How will you be Tried Henry Smith By God and the Countrey Clerk God send you a good Deliverance John Downs Vincent Potter Augustine Garland upon the Question presently pleaded Not guilty and put themselves on God and the Countrey to be Tried Clerk Set to the Bar George Fleetwood Simon Meyn James Temple Peter Temple Thomas Wait Hugh Peters Francis Hacker and Daniel Axtel Who being at the Bar held up their Hands according to Order afterward the Clerk read the Indictment against the said Persons Which being ended he proceeded in this manner
the Hand-writing of the Prisoner at the Bar The Instrument being shewed him Mr. Farrington I did not see him write it my Lords but I believe it to be his for I have often seen his Hand-writing It is his hand so far as possibly a man can know any Person 's hand that did not see him write Mr. Harrison I desire to see the Instrument Which being shew'd to him he said I believe it is my own Hand Councel That 's the Warrant for summoning that Court that he owns his hand too Court Shew him the other Instrument That being for Execution of the Sentence Mr. Harrison it being shew'd him I do think this is my hand too Councel If you think it the Jury will not doubt it That 's the Bloody Warrant for Execution And we desire they may be both read Mr. Harrison My Lords do these Learned Gentlemen offer these as being any Records Councel No but as your own hand-writing Mr. Harrison If you do not read it as a Record I hope your Lordships will not admit of any thing of that kind against me Councel He knows that a Letter under his hand and Seal may be read in a Court We do not offer it as a Record but prove it by Witnesses that it is your hand-writing Court You have Confessed these to be your hands Whether they are Records or no whether Papers or Letters they may be read against you You signed the Warrant for Convening together those which you called The High Court of Justice and you signed the other Warrant for putting the King to Death You do Confess these two things We do not see what further Use may be made of them Court You might observe how the Indictment was for the Imagining Compassing and Contriving the King's Death To prove that there must be some Overt-Act and a Letter under the Partie's Hand is a sufficient Overt-Act to prove such Imagination to that end these are used Mr. Harrison I do not come to be denying any thing that in my own Judgment and Conscience I have done or Committed but rather to be bringing it forth to the Light Court Sir you must understand this by the way this you must take along with you That these are read not as any thing of Authority in themselves or as used to any other purpose but as an Evidence of the Fact against you Take that along with you The two Bloody Warrants for Trial and for Execution of His Majesty were here read the later of which is as followeth At the High Court of Justice for the Trying and Judging of Charles Stuart King of England Jan. 29. 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other High Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to Death by the severing his Head from his Body of which Sentence Execution yet remaineth to be done These are therefore to will and require you to see the said Sentence executed in the open street before White-hall upon the marrow being the 30th day of this instant Moneth of January between the hours of ten in the Morning and five in the Afternoon of the same day with full effect And for so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good People of this Nation of England to be assistant unto you in this service To Colonel Francis Hacker Colonel Hunks and Lieutenant-Colonel Phayre and every of them Given under our Hands and Seals Sealed and subscribed BY John Bradshaw Lord President Jo. Hewson Per. Pelham Thomas Grey Oliver Cromwel Edward Whalley John Okey Jo. Danvers Mich. Livesey Jo. Bourchier Hen. Ireton Thomas Maleverer Jo. Blakestone Jo. Hutchinson Will. Goff Thomas Pride Hen. Smith Peter Temple Tho. Harrison Isaac Ewer Val. Wanton Simon Meyn Tho. Horton Jo. Jones Jo. Moor. Hardress Waller Gilbert Millington Geo. Fleetwood Jo. Alured Rob. Lilburn Wil. Say Rich. Dean Rob. Tichbourn Hum. Edwards Dan. Blagrave Owen Roe Will. Puefroy Adrian Scroop James Temple Aug. Garland Edmond Ludlow Hen. Marten Vincent Potter Will. Constable Rich. Ingoldsby Will. Cawley Joh. Barkstead Anth. Stapeley Greg. Norton Tho. Challoner Tho. Wogan Jo. Ven. Greg. Clement Jo. Downs Tho. Wayt. Tho. Scot. Jo. Carew Miles Corbet Mr. Wyndham Gentlemen of the Jury We have done our Evidence and you must know Gentlemen that the principal Point of the Indictment is for Compassing Imagining and Contriving the Death of his late Majesty of Glorious Memory There lies the Treason So saies the Statute of the 25th Ed. 3d. It hath nothing of Killing the King there but of Imagining and Compassing the Death of the King The going about it that 's the Treason as hath been learnedly opened to you The rest are but Overt-Acts If there be such an Imagination or Compassing the Death of the King once declared though no fruit at all follow it is Treason Here certainly you have a very full Evidence given We shew you a Consultation this is one Overt-Act which would do the work if there were nothing else I must tell you and that with Submission to my Lords the Justices if they had advised and gone no further that had been Treason in the Letter of the Law They Convened and met together and suppose then they had absolved and acquitted him do you think they had absolved themselves from Treason With reverence be it spoken if they had acquitted him they had been guilty of Treason Assuming a Power to put the King to Death is an Overt-Act declaring such an Imagination You see this Prisoner was no ordinary Actour in it his Hand is in at all Games Taking of Him Imprisoning of Him bringing Him to London and setting Guards on Him You see also his Malice Let us Blacken Him for they knew His Innocency would Shine forth unless it was blackened by their Imputations He Sate many times as your hear and Sentenced Him and Assented to that Sentence by standing up and likewise by Concluding the Catastrophe of that sad beginning of Sufferings his making a Warrant for his Execution and accordingly you know what did follow I think a clearer Evidence of a Fact can never be given then is for these things Here the Spectatours Hummed Lord Chief Baron Gentlemen This Humming is not at all becoming the Gravity of this Court. Let there be free-speaking by the Prisoner and Counsel It is more fitting for a Stage-Play then for a Court of Justice Mr. Harrison It is now time my Lords to offer what I have to say Have these Learned Gentlemen offered what they will say Councel We have no more till he hath given us occasion not for Evidence of the Fact Mr. Harrison My Lords The matter that hath been offered to you as it was touched was not a thing done in a Corner I believe the sound of it hath been in most Nations I believe the Hearts of some have felt the
Convening that Court together whereby the King was to be brought to his Tryal and that he sate at his Sentence and issued the warrant for his Execution You saw that this Gentleman did the Fact did Compass and Imagine the King's Death That which you are to try is this Issue being Indicted for High Treason and pleading not Guilty whether this Gentleman that went so far Sate upon him Condemned him Signed the Warrant for his Execution did not Compass and Imagin the King's Death I think you need not stir from the Bar where you are but I leave that to you After a very small time of Consultation by the Jury amongst themselves at the Bar they agreed in a Verdict Silence was Commanded Clerk John Carew Hold up thy Hand Gentlemen of the Jury look upon the Prisoner How say you Is he Guilty of the horrid Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. What Goods and Chattels c. Jury None that we know of Mr. Scot's Tryal on Friday October 12. 1660. At the Sessions-House aforenamed Clerk Set Thomas Scot to the Bar which was accordingly done Thomas Scot hold up thy hand These men that have been of the last Jury are to try c. If you will Challenge all or any of them you must Challenge them before they are sworn Scot. I desire that those men who have been of the former Jury may not be named I know my liberty of excepting against my number Lo. Ch. B. Mr. Scot That which you do desire is a thing not right the Offence with one is not the same with others I speak not but that the Court will do you all Right the Court will grant it if you will wave your Challenges but if you mean those that have been by others challenged it is against Law Scot. I am willing to bring my self upon my Tryal and I will take the ordinary way of Excepting and Challenging Sir Hen. Wroth Sir Jer. Whitchcote James Hawley Rich. Rider Fra. Beale Chr. Abdy Nicho. Raynton Tho. Winter John Kirke Rich. Abel Sir Tho. Aleyn Abr. Scudamore Ralph Halsall George Tirrey Tho. Swallowe Charles Pickerne Arthur Newman Tho. Blithe William Vincent Rich. Whaley were called and challenged Thomar Grover Edw. Rolfe Tho. Vfman William Whitcombe Rich. Cheney Tho. Bide Charles Pitfield John Smith Tho. Morris Tho. Fruen Henry Twyford Samuel Starnel were the Jury sworn Clerk Cryer make Proclamation Cryer O yes If any man can inform my Lords the Kings Justices c. Clerk Tho. Scot. hold up thy hand You that are sworn of this Jury you shall understand that the Prisoner at the Bar stands Indicted by the name of Tho. Scot late of Westminster in the County of Middlesex Gent. For that he together with John Lisle c. Here the Indictment was read Unto which Indictment he hath been arraigned and thereunto hath pleaded Not guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are Now your Charge is to enquire whether c. Mr. Soll. Gen. You that are sworn of this Jury this Inquisition for blood Royal Blood goes on against the Prisoner at the Bar he stands Indicted for Compassing Imagining and Contriving the death of the late King of blessed Memory It is laid to his Charge in the Indictment That he did assemble at Westminster and that he with other persons usurped an Authority of sitting and sentencing to death his said late Majesty and that in consequence and pursuance of that the King came to his death The Treason he stands charged with is the Compassing and Imagining the Kings death The other parts of the Indictment are but overt acts that do but evidence and prove the Corruption of his heart if we prove but some of these overt acts then you must find him guilty Our Evidence against this Gentleman will be thus We shall call Witnesses to prove his sitting in the Court sentencing his King while his King stood a Prisoner at the Bar the Warrant for Execution of the King directed to certain persons to see Execution done accordingly was under Hands and Seals and among those Hands and Seals the Hand and Seal of the Prisoner at the Bar is one and then we shall produce to your Lordships Witnesses to shew you with what a hard and impenitent heart this hath been Committed for he so gloried in the Act That he desired it might be writ upon his Tomb Mr. Nutley M. Kirke Mr. Masterson and Mr. Clark sworn Coun. Mr. Masterson be pleased to tell my Lords and the Jury if you have seen the Prisoner at the Bar sit in that which they called the High Court of Justice Mr. M. My Lords and Gentlemen of the Jury I saw the prisoner at the Bar present at the High Court of Justice as they call'd it for the Tryal of the late King some days that is to say either upon the 22. or 23. day of Jan. 1648. but particularly upon the 27th day of that Month in the said year when the Sentence of death was pronounced against his late Majesty I saw the Prisoner at the Bar present Coun. As one of the Judges do you mean Mr. Ma. As one of the Judges sitting upon the Bench. Scot. Do you know where abouts I sate Mr. Ma. I cannot satisfie you in that but I saw you sitting upon one of the Benches Coun. Mr. Clark you hear the question pray answer what you know touching it Mr. Cl. My Lords and you Gentlemen of the Jury I was present in the year 1648. when his late Majesty stood a Prisoner at the Bar in that which they called the High Court of Justice and among other persons there present in that business I observed Mr. Scot the Prisoner at the Bar to sit as one of the Judges and particularly upon the 23 and 27th days of Jan. in the said year upon which last day the Court pronounced Judgement upon the late King Coun. Did he stand up as assenting to the Sentence Mr. Cl. They all stood up to my apprehension I know not particularly whether the Prisoner at the Bar did Coun. Mr. Kirke tell my Lords and the Jury your knowledge in this business touching the Prisoner at the Bar. Mr. K. I was present at the Tryals of his late Majesty several days among the rest of the persons that sate in the Court as Judges I saw the Prisoner at the Bar and particularly upon the day of the Sentence the 27th of Jan. 1648. The Court stood up unanimously as assenting Coun. Shew him the Warrant for Execution K. This is his Hand Coun. Have you seen his Hand often K. Yes Sir and am well acquainted with it George Farrington sworn Coun. Shew Mr. Farrington the Warrant Do you know that to be Mr. Scots Hand-writing Mr. Far. I did not see him write it but I do verily believe it to be his I have often seen his Hand-writing Coun. Mr. Nutley do you know Mr. Scots hand-writing Is that Mr. Scots
compass of it according to his Royal Word and Honour in it you will have the benefit of it but it is not a Plea in Law but it must be a Pardon under Seal whatsoever concerns that Proclamation will be considered It is nothing to the matter whereupon the Jury are to go Lord Chief Baron Gentlemen of the Jury you see the Prisoner Tho. Scot stands Indicted for Compassing and Imagining the death of our Dread Soveraign King Charles the First of most glorious and blessed memory He is Indicted for Compassing and Imagining his death there is the Treason and what is set afterwards in this Indictment is only to manifest this Compassing and Imagining because that being in the heart alone without some overt Act no body can prove it There are several overt Acts laid in the Indictment one is A Trayterous consulting and meeting together how to put the King to death Then a sitting upon the King as a Prisoner being before them about his life and death The third is Sentencing to death that which followed is That he was Murthered If any of these acts should be proved the Indictment is proved for the proof there are several Witnesses have fully proved that he did sit there several times particularly upon Jan. 27. which was the day of the Sentence That he did sit there all of them agree to that It is true as to the Circumstance where he sate one Gentleman saith he sate in the second Row on the left hand of Bradshaw you well remember it is 12. years ago how any man upon the view and after so long a distance of time should he able to remember in what posture one man was from the rest I think neither you nor I can remember Here is one proved to you that he did sign that Warrant for Executing the King he saith How can another know his Hand You see what the Witnesses say they knew it a man can prove nothing more of another mans Hand than that unless they see it written there is nothing to put upon you but his words You see what words are aggravated against Mr. Scot Whereas he saith It is a breach of the Priviledges of Parliament if it were so it is nothing to this Fact though another man should break the priviledges of Parliament it is nothing to you but besides it is not a breach of the priviledge of Parliament You have heard the Witnesses what they have said against him Mr. Lenthall swears that he did speak at large fully in owning that business of the Kings death The rest swear positively to the same effect and that at several times What was that He gloried in it defended it and said He could wish it were Engraven on his Tomb stone he hath denyed this that the Witnesses have proved That which is lest to you is whether upon all this matter that you have heard Whether the Prisoner at the Bar is Guilty of Compassing and Imagining the Kings death and so go together After a little Consultation together they setled in their places again Clerk Tho. Scot hold up thy hand Look upon the Prisoner at the Bar How say you is he Guilty of the Treason whereof he stands Indicted or not Guilty Jury Guilty Cl. Look to him Keeper Cl. You say the Prisoner is Guilty c. and so you say all Jury Yes Cl. Set Mr. Scot aside Clerk Set John Jones and Gregory Clement to the Bar. Which was done accordingly Thereupon the said Gregory Clement preferred his Petition to the Court. Indictment read against them both Lo. Ch. Bar. If you do confess your Offence your Petition will be read Clem. I do my Lord. Lord Ch. B. Mr. Clement if you do confess that you may understand it you must when you are called and when the Jury are to be charged You must say if you will have it go by way of Confession That you Wave your former Plea and confess the Fact Clerk Gregory Clement you have been Indicted of High Treason for Compassing and Imagining the death of his late Majesty and you have pleaded not Guilty Are you contented to wave that Plea and confess it Clem. I do confess my self to be Guilty my Lord. Clerk Set him aside Clkek John Jones hold up thy hand These men that were last called c. if you will Challenge all or any of them you must Challenge them when they come to the Book and before they are sworn Jones I confess I sate amongst them some days but not maliciously contrived the death of the King Coun. He is troubled at the Form he confesseth the Matter That he was there sitting in the High Court of Justice If he will not confess it he knows we can prove his Hand and Seal to that bloody Warrant He is troubled that he is said to have Trayterously and Maliciously Contrived the Kings death He that doth these Acts towards it is by Law responsible as to the Malice Jury Sworn Sir Tho. Allen Sir Henry Wroth Sir Jer. Whitchott James Hawley Henry Mildmay Christ Abdy Nich. Raynton Richard Cheney Tho. Bide Charles Pitfield Abraham Scudamore Charles Pickerne in all 12. Cl. Cryer make Proclamation Cryer If any man can inform c. Cl. John Jones hold up thy hand Look upon the Prisoner c. Mr. Soll. Gen. My Lords and Gentlemen of the Jury I must open to you as to other Juries that the short Point of this long Indictment is but this That the Prisoner at the Bar did Imagine and Compass the death of the King which is your Issue to Try We shall prove it by those overt acts which the Law doth require To prove the Sitting Sentencing and Signing the Warrant for Execution by the Prisoner at the Bar. Coun. Call Mr. Clark and Mr. Carr and Holl. Symson who were sworn Mr. Symson did you see the Prisoner at the Bar sitting in that which they called the High Court of Justice Sym. I did see Mr. Jones sit divers times both there and in the Painted Chamber Jones I do confess I sate divers times Coun. Did he sit the day of Sentence Sym. I cannot say it Coun. Mr. Clark you hear the question Pray answer my Lord. Clark My Lords and Gentlemen of the Jury I was there the 27. of Jan. 1648 I saw Coll. Jones there several days before but I did not see him that day his name was called but I do not know whether he was present Coun. Mr. Carr did you see him sit on the 27th day which was the day of Sentence Carr. My Lords he answered to his name some days I am not able to tell what day Mr. Nutley Sworn Coun. Can you tell whether the Prisoner at the Bar was present in that which they called the High Court of Justice Nutley The Prisoner at the Bar was several times in the Court which was called the High Court of Justice truly I cannot say whether he was there the 27th day the day of the Sentence The Warrant for Summoning that
Court being shewed Coun. Is that Mr. Jones's Hand the Prisoner at the Bar set to that Warrant Nut. I have been acquainted with his Hand I do believe it is The Warrant for Execution was also shewed Coun. Is that the same Hand-writing Nut. Yes I believe it is he hath written several Letters to me Mr. Hartlib Sworn Court Mr. Hartlib do you know Mr. Jones's Hand Har. I never did see him write but I have seen several Letters out of Ireland and other Papers which have been supposed to be his Hand-writing This seems to be like that which was reputed to be his Hand Coun. Mr. Clark do you know Mr. Jones's Hand-writing Cl. I have seen several Letters of Col. Jones and these are like his Hand-writing I do believe they are his Hand-writing Mr. Jones looks upon them both and confesses they are like his hand-writing Coun. We have given our Evidence What do you say for your self before Charge be given to the Jury Jones I have little to say your Lordships have already heard what is to be said in this Case I have nothing to say to the point I am not fit to plead any thing especially in matter of Law I must wholly put my self upon the Lord and this Honourable Court and Jury Lo. Ch. Bar. Gentlemen of the Jury here is this Prisoner John Jones stands Indicted for that he with others did Compass and Imagine the Kings death that is the substance of the Indictment The Indictment sets forth several Acts each proving the Compassing and Imagining the Kings death One of them is that he did consult and meet together and propound how the King should be put to death The second is they did assume a power to Judge the King The third is that they did actually sit upon him And the last of them is that they sentenced the King and afterwards the King was murthered The whole substance is whether he did Compass and Imagine the Kings death If any one of these particulars that are alledged for the overt acts be proved you are to find the Indictment He hath confessed very Ingenuously that he did sit upon the King that he did sit in that Court and so there is an overt act proved if nothing else you ought to find him guilty of this Treason There is further Evidence though not any Evidence of his sitting the last day of the Sentence you have had three comparing similitudes of hands to prove that he did sign that Sentence that horrid Instrument whereby the King was ordered to be put to death one of them having received Letters from Ireland and others acquainted with his hand say that it is like his hand he hath so confessed the likeness of his hand but he saith he doth not remember he signed it As to you of the Jury there is no more to be considered if any one of the acts do appear true to you that is sufficient to find him guilty though he were not guilty of all but that he did Compass and Imagine the Kings death is clear in sitting and signing the Warrant for the other whether you shall find that he did sentence the King that must be left to you Whatsoever it is still it is the same if any one be proved you ought to find him guilty of the Indictment which is the Compassing and Imagining the Kings death I think you need not stir from the Bar for he hath confessed it The Jury went together and after a little Consultation returned to their places Clerk Are you agreed of your Verdict Jury Yes Cl. Who shall say for you Jury Our Foreman Cl. John Jones hold up thy hand Look upon the Prisoner at the Bar. How say ye is he guilty c. Foreman Guilty Cl. Look to him Keeper Cl. You say the Prisoner at the Bar is guilty c. and so you say all Jury Yes Cl. Set all that have been tryed this day to the Bar. Lord Ch. Bar. Mr. Scot I must speak a word to you you made mention of the Kings Proclamation for pardon and you did desire the benefit of it As I told you before so now again That it was not proper for us upon that Proclamation to give any allowance by way of Plea because the Pardon ought to be under the Broad Seal but God forbid but just and due Consideration should be had of it with honour so far as you are comprehended within it Though Judgment shall pass no Warrant for Execution shall go out against you till consideration be had how far you are within the Compass of that Proclamation and the like to you Mr. Scroop Clerk Adrian Scroop Hold up thy hand Thou hast been Indicted of High Treason and hast thereof been found guilty What canst thou say for thy self why Judgement should not pass for thee to dye according to Law Scroop I do humbly submit to his Majesties mercy Cl. John Carew Hold up thy hand Thou art in the like Condition with the former what canst thou say c. Carew I commit my cause unto the Lord. Cl. Thomas Scot Hold up thy hand thou art in the like Condition with the former what canst thou say c. Scot. I shall only say I do only cast my self upon his Majesty and pray mercy Cl. John Jones Hold up thy hand thou art in the like Condition with the former what hast thou to say c. Jones I pray his Majesties Clemency Cl. Gregory Clement hold up thy hand Thou standest Indicted of High Treason and thereunto hast pleaded guilty What canst thou say c. Clem. I pray mercy from the King Lo. Ch. Bar. You that are Prisoners at the Bar Ye see the Sentence of death is now to pass against you and for ought you know or we know yet may be nearer than you are aware How soon it will be executed we know not when you have reflected upon your own consciences many of you could not chuse but look there and see as in a glass the foulness of this horrid Offence It is the Murther of our most gracious Soveraign King Charles the First of blessed memory a Prince whom we such of us as had the honour personally to attend him knew was of such parts and vertues if he had been a private man more could not have been desired truly what he did as a King his Clemency how it appeared at first in this Princes time If you look what Peace and Prosperity we enjoyned in his days we will not find it in other Kings times You had not a Noble-man put to death save one and that for an Offence which must not be named A Prince that had granted so much You may remember what was granted before the beginning of these Wars Grievances complained of Star-Chamber High Commission Court Ship money The Claim of Stannery c. All these were taken away What Concessions he made after in the Isle of Wight how much he wooed and courted the people for Peace I urge this unto
the Bar concerning the Trial of his late Majesty Mr. Starkey My Lords this Gentleman now Prisoner and my self have been acquainted a great while being of the same Society of Grayes-Inne and truly my Lord I confess I owe all my knowledge in the Laws to that Gentleman when 〈◊〉 came first he was accused for debt and was pleased to do me and several other Gentlemen now and then the favour to reason the Law with us and assist us in the beginning of the long Parliament that is to give you an accompt of his being indebted he did desire I would do my endeavour to get his Protection Near the time of the Kings Trial there was a Gentleman with my self one Samuel Palmer of Grays-Inne which frequented his Company had several nights the opportunity of understanding the affairs at Westmin and truly he himself did seem to us to count that a very ridiculous Council I remember what he said one night I think they are all mad which was within two or three days before the Kings tryal and instanced how a Fellow cryed out to the Lord Fairfax that if he did not consent to the proceedings he would kill Christ and him After that I did not think he did go to this Council for imployment but out of curiosity when the King came to Tryal we heard that Mr. Cook was the person that was Solicitor and Acted that part that you have heard of and that during that Tryal whether the second or third day I cannot say that certainly Mr. Cook came to Grays-Inne that evening about Ten or Eleven of the clock at might only upon some particular occasion as he said I being walking in the Court in the walk before my Chamber with another Gentleman I did see him pass out of a house to go back again I thought it was he called after him Mr. Cook said I upon that he turned back and met me I took him by the hand said I I hear you are up to the ears in this business no saith he I am serving the people truly said I I believe there is a thousand to one will not give you thanks said I I hear you charge the King for the levying war against the Parliament how can you rationally do this when you have pulled out the Parliament to make way to his Trial he answered me you will see strange things and you must wait upon God I did ask him but first he said this of himself said he he was as gracious and wise a Prince as any was in the world which made me reflect upon him again and asked how he could press those things as I have heard what answer he made to that I cannot tell I did by the way inquire what he thought concerning the King whether he must suffer or no he told me he must die and Monarchy must die with him Cook Whether was this after or before the Sentence Mr. Starkey It was before the Sentence for it was either the second or third Trial or rather in some interim of time before the Sentence for there was an adjournment for a day or two but I am sure it was before the Sentence Court Mr. Cook they have concluded their Evidence plead for your self what you think fitting Cook My Lord I have been a Prisoner three months I humbly desire to acknowledge his Majesties and his Councils favour that I was not put into a Jeremy's Prison but in the Tower and not in Irons I give your Lordships humble thanks for that and truly considering the nature of the Charge had it been in some other Kingdom they would have served us as Iohn Baptist in prison I thank you that I have a fair Trial with the Judges of the Law who are upon their Oaths to do equal right and justice between our Soveraign Lord the King and every Prisoner concerning matters of life and death and likewise those Noble Lords that though they are not put upon their Oaths but upon their honour if they know any Law to preserve my life I trust they will rather save than destroy My Lords I do therefore say as Paul said my plea is much of that nature against the Law and against Caesar I hope I have not offended at all and so I have pleaded not guilty The learned Council have examined several witnesses against me and I humbly conceive that the matter will rest in a very narrow compass the substance of the Charge so far as my memory will serve doth rest in these three things the other being but matter of form That I with others should propound consult contrive and imagine the Death of the late King Secondly That to the perfecting and bringing about this wicked and horrid conspiracy that I with others did assume a Power and Authority as I remember power I am sure then to kill and murther the King thirdly That there was a person unknown that did cut off the Kings head and that we were abetting aiding assisting countenancing and procuring the person or words to that effect against the form of the Statutes and so forth I hâ—ve twelve poor words to offer for my self in this business wherein if I do not answer every thing that hath been particularly objected I hope you will give me leave afterwards to offer it First I humbly propound this that if it was not made appear to your Lordships that I did ever propound consult advise contrive attempt or any way plot or counsel the death of His Majestie then I hope I cannot be found guilty within the Statute of 25. Edward the third for the naked truth Mr. Nutly hath in a great part spoke to I was appointed upon the tenth of January 1648. for to give my advice concerning a Charge there having been upon the ninth a Proclamation for the Trial and upon the tenth Mr. Steel Dr. Dorislaus and Mr. Ask and my self were appointed and ordered to be of Council to draw up a Charge Here I have the order attested by Mr. Jessop and pray it may be read Court They do admit the thing that you were so assigned Cook Then I humbly conceive that that cannot be said to be done maliciously or advisedly or with any wicked intention in me which I was required and commanded to do Acting only within my Sphere and Element as a Counsellour no otherwise The next thing is this my L. that by Law words will not amount unto Treason we usually say that words may declare an Heretick but not a Traytor there were some Statutes formerly 1 Ed. 6. were words are made Treason but they are all repealed by 1 Mariae that nothing shall be Treason but what is expressed in 25 Ed. 3. this Objection will seem to lye that these were words put in writing and that I humbly conceive to be the greatest matter objected to which I answer 1. Whether there be any full certain clear proof that that is my hand to the Charge I must leave to you two or three
witnesses say they believe it that it is like my hand that I leave to you if that appear yet My Lord that that is put in writing as done by another that is the Dictator and does dictate unto me I humbly conceive that for any man to write words which in their own nature may be Treasonable if he doth but write them by the command of another by speaking them after another taking them upon rebound that is not Treason because they do not discover a trayterous heart Those words of compassing the death of the King in the 25 Ed. 3. they are secret imaginations in the heart and they must be manifest by some overtact that which was dictated my Lord unto me that I had expresly prescribed me what I should say what words I should say That I did not invent any thing of mine own head of my own conceit and therefore cannot properly be said to be malicious The next thing that I crave leave to offer is this that the pure and plain demanding and praying of Justice though injustice be done upon it cannot possibly be called Treason within the statute then I hope nothing that has been said against me will amount to Treason for the words in the natural grammatical plain genuine and legal sence will bear no other construction as I humbly conceive but that whereas those Gentlemen had his Majestie then in their power a Prisoner that it was prayed by me that they would do him justice I do hope that it will appear that I did give Bonum fidele Consilium It will appear I hope that some would have had a very voluminous and long charge that I was utterly against it as conceiving that it was not fit and requisite that any thing should be put in at least I durst not invent one word my self but what was expressed in the Act for tryal if your Lordships will not admit it an act you will an Order and so it will bear me forth at least to excuse me from Treason because I kept my self to the words whereas in that it was said that they should proceed according to the merits of the cause I was against that that I did not understand that but according to Justice that is but according to Law because the Law is the rule of Justice I do humbly hope my Lord that if by Law when words may be taken in a double sence they shall always have the more favourable interpretation much more when the words in the legal sence will bear it when it is prayed they will proceed according to justice I hope it will not be inferred there was any intention of doing injustice when justice was required And therefore my Lord the next word what I would offer is this if my Lord in all Tragedies which are as we call them judicially or colourably there are but these four Actors Accusers or Witnesses The Jury Judges and Executioner If I be none of these I cannot be Guilty of Treason I hope I may safely say according to Law that I had not a hand at all in his Majesties death My Lord the Court and Councel it is very true they do aim at the same thing the Councel Requireâ—â—â— Justitiam the other Exequendo Justitiam the end being the same to have Justice If when justice be demanded and injustice be done what is that to the Councel we read to of John concerning Pilate Knowest thou not speaking to Christ that I have power to crucifie thee and have power to release thee My Lord I humbly answer this to that which seems to be the most material part in the Indictment that We did assume a Power My Lords I did not assume a power I hope it will not be said that the Councel had any power Eloquentia in the Councel Judicium in the Judges and Veritas in the Witnesses 25. Acts. Tertullus that eloquent Orator accused Paul Paul answered for himself and it is said Festus being willing to do the Jews a courtesie he left Paul bound it was not the Councel that left him bound His Majesty was never a Prisoner to me and I never laid any hands upon him if any witnesses have spoke of any irreverence I must appeal to God in that I did not in the least manner carry my self undutifully to his Majesty though one of the Witnesses was pleased to say that I said these words that there is a Charge against the Prisoner at the Bar It was not said the Prisoner at the Bar there was not one disrespective word from me There is a Case in the third Institutes of the Lord Cook it is to this purpose That one wilfully and knowingly forswore himself the Case was put to inveigle the Court and though the Court does injustice upon a false Oath it is not injustice at all in the Witness it is Perjury in him if there can be no injustice in a Witness much less a Counseller can be said to have his hand in the death of any because he has no power at all this must needs follow that if it shall be conceived to be Treason for a Counseller to plead against his Majesty then it will be Felony to plead against any man that is condemned unjustly for Felony The Counsellour is to make the best of his Clients cause then to leave it to the Court it is said I should demand judgement I do not remember that I leave it to you but still to demand Justice Counsellers they do ingage in business before they do rightly understand the true matter of the fact it is part of a Serjeants Oath that so soon as he does discover the falsity of the Cause he should forsake the Cause My Lord by what Mr. Nutly hath said it appears and I have many Witnesses in the Countrey three or four in Leicestershire would have spoken full to this that my Lord there was not before the Sentence of the King to the best of my knowledge a word spoken by any that they did intend to put him to death I say to my knowledge and my Lord when Judgement is demanded is it not twofold of Acquittal and Condemnation if those that then were entrusted with the power of Judicature if they did not know any Law to proceed by to take away his Majesty then I demanding their Judgement it doth not appear to be my Judgement and I refer it to the learned Councel that Councel many times at the Assises and other Courts have been sorry that the Verdict hath been given for their Clients when they have known the right lay on the other side and so I might in this The next thing I humbly offer is that if in right reason considering the condition his Majesty was then in the advising to draw up the Charge was rather to be looked upon as a matter of service than disservice then it cannot be called Treason it is very true my Lord that a very small little Overt act will amount to a
be deterred from committing such Acts the Magistrate is bound to put him to death But where there is not such a thing there it is different though it is said the land is defiled that is where there is danger that the like may be committed again now all things are setled there is no danger at all now there can never come such a case as this again I say my Lord what I acted I did as a Counsellor I had no malitious intention in it Mr. Nutley bare testimony so far that I told him there was not intention of putting his Majesty to death I only did say that I desired them to do Justice and I hope what was done was their Act not mine and so I leave my self to your Lordships Court Silence commanded Mr. Sol. G. My Lords this Gentleman who is the prisoner at the Bar requires such an evidence of the Fact as may be evident he saith so evident as may be as clear as the Sun I think that evidence is not to seek but if he must never be convicted till he be so far convinced as to be speechless I believe we may stay long enough nevertheless if he be willing as he saith he is to pay his debts to political Justice we shall quickly give him the total sum That which he hath said hath been like a Lawyer the best that his Case will bear but withal it is a great aggravation to his Crime that he that knew the Law so well should so much transgress it He began Words do not make treason he mistakes his Charge is not for words Gentlemen his Charge is for compassing and imagining the Death of the King and the evidence of that Charge is meeting in that Assembly and the part that he bore in that Assembly And yet my Lords he will be much mistaken too under favour and with submission to your Lordships Judgement and those that hear him if they think that in all Cases it is a general rule that words are no Treason for when a man shall proceed to declare the imagination of his heart as to exhort and perswade men to effect that wicked thing The killing of the K. certainly there cannot be a greater overt act than these words nor a clearer evidence of such an imagination for out of the abundance of the heart the mouth speaks My L. to say that the demanding of Justice is not Treason though injustice do follow is a very weak gloss upon a wicked action The Subject matter was a Charge of High Treason against the King the conclusion of the Charge was a Protestation by which he saved to himself a Liberty to put in a new Charge if that was not sufficient upon the whole he desires that the King as a Traytor may be brought to Justice Judge you now Gentlemen upon the nature of this demand whether this were such a demand of Justice as might end in acquital Whether he that presses that this Charge may be taken pro Confesso did mean that when the Court had recorded it they should acquit him when they had done My Lords to say there are four Actors in this Case the Witness or accuser the Judge the Jury and the Executioner and that he is none of them and therefore in this Case he cannot be a Traytor still my Lord that is to beg the question for if he be one of them that did Assemble in the place and were any instrument of that Assembly he hath thereby given an evidence of an Overtact of his wicked heart when all is done this poor gloss amounts but to this I am none of those four Ranks that is there were others worse than my self and therefore I am none at all My Lord the thing that he hath mainly insisted upon is the Act of Indempnity my Lord he doth observe that his name is excepted in that Act That he doth hope that it is so pen'd as by the favour of the Parl. It may reach his Case he hath argued very much upon it and he speaks as if he did believe it himself But surely there is no colour for that interpretation that he should step out of this proviso by the very Act of Indempnity that was made on purpose to bring him in by-Name the words are provided that this Act nor any thing therein contained shall extend to Pardon or give any benefit to John Cook c. All which persons for their execrable Treasons in Sentencing to Death or signing the Instrument for the horrid Murder or being instrumental in taking away the precious Life of our late Sovereign Lord King Charles the First of glorious Memory are left to be proceeded against as Traytors c. First my Lord this general and clear answer I conceive is to be given that the Prisoner at the Bar being by Name excepted out of the Act of Indemnity by the proviso mentioned in it although the subsequent lines that follow be the reasons why the Parlim do except yet if he be within the very words of the Exception whether he be in the reasons that moved them to that exception is not material if he could distinguish that he was not instrumental in that sense to which he labours to restrain this Proviso he can but say this the Parliament was mistaken in their reason but not in their conclusion but he is directly within the exception and the reason of it too for the word instrumental goes as far as far can be and he is properly literally in the strict notion of the word an instrument of the death of the King The King could never have been brought to death if not to the Bar never had been sentenced if he had not been impeached that impeachment could never have been taken pro Confesso nor the impeachment it self delivered if he had not delivered the one and pressed the other He that brought the Axe from the Tower was not more instrumental than he and besides a Lawyer as he of great understanding and of good parts he knows very well there are no accessaries in Treason but he that Acts any part in so wicked a Conspiracy let him begin at what end he will he stands responsible for the utmost consequence of it and in effect the very penning of this proviso is an express Judgement of Parliament that he was instrumental but that is not to be pressed The next thing he doth insist upon is the Declaration of his Majesty that he sent from Breda which he saith he laid hold upon here lies the weight of his answer The King writes his Letter to the Parliament now sitting that he doth purpose for the quieting of the hearts of men that may be in doubt to pardon all persons all crimes of what nature soever either against himself or Royal Father excepting those which shall be byAct of Parliament excepted and my Lord he doth say and modestly presses that he doth conceive the meaning of that is to pardon all persons what
actually guilty of putting the King to death nay admitting in charity you had no intent to go as far as you did you are by the laws of Christ and this Nation guilty of high Treason in that you that are a Lawyer know very well and I speak it that you may lay it to your heart in the convictions of your conscience I must say to you as Joshua said to Achan my son give glory to God and confess and it would become you so to do you know very well it is the law of this Nation that no one house nor both houses of Parliament have any coercive power over the King much less to put him to death you know as you cited very well that the imprisoning of the King is Treason You know both of you this is an undoubted truth the rule of Law is that the King can do no wrong that is the King can do no wrong in the estimation of Law he may do some particular Acts as a private person but he can do little prejudice in his own person if he would hurt any it must be by Ministers in that case the Law provides a remedy if he doth it by Ministers they must answer for it The King of England is one of those Princes who hath an Imperial Crown what is that It is not to do what he will no but it is that he shall not be punished in his own person if he doth that which in it self is unlawful Now remember this when you took the oaths of Allegiance and Supremacy I presume you both did so what was your oath of Supremacy It was this that the King was the only Supream Governour of these Realms it goes farther as he was Supream Governour so he was the only Supream Governour that excludes Coordination you swear farther that you will to the utmost of your power defend the King against all conspiracies and attempts whatsoever truly you that were a Lawyer when you had thus sworn your fee could be no excuse against what you had sworn to We know that the King in his politick or natural capacity is not only salus populi but salus Reipublicae The Law hath taken care that the people shall have justice and right the Kings person ought not to be touched the King himself is pleased to judge by the Law you see he doth by Law question the death of his Father he doth not judge it himself but the Law judges it Mr. Peters knows very well he subscribed the 39. Articles of Religion look upon them that were made in 1552. and upon those Articles that were confirmed in 13. Elizabeth the King is there acknowledged to have the chief power in these Nations the medling with the King was a Jesutical doctrine This I speak not that the King should or ought to govern but by the Fundamental laws of the land they that keep within the bounds of the law are happy you that are a Lawyer know this in point of law and you that are a Divine know this in point of Divinity You both know the truth of it and when you have thought upon it I hope you will reflect upon that horrid crime the shedding of Royal Blood You see he had granted all those grievances of the people taken them away secured them for the future and at this very time when this horrid act was done you see he had granted all at the desire of the people he had made those concessions such as were it not in respect of others more than those that treated themselves they thought was more than could be expected by the Nation You that had a hand in the Kings death it falls upon you the guilt of it because you were some of those instruments that assisted those persons that broke the Treaty prepare your selves for that death which you are to die it is a debt which we all owe to nature if in this case there is something of shame comes to you it is that you must take as part of the reward of your sin The only work I have now to do is to pronouce the Judgment and this is the judgment of the Court and the Court doth award That both of you be led back to the place from whence you came and from thence shall be drawn upon a hurdle c. and the Lord have mercy upon your souls Cl. Cryer make proclamation Cryer O yes c. All manner of persons c. and all Jurors and witnesses are to appear at this place to morrow morning at seven of the Clock in the morning upon pain of 100. l. a piece So God bless King Charles c. 15. Octo. 1660. at the Sessions House in the Old Bailey The Tryal of William Howlet Memorandum that the Bill of Indictment against William Hewlet alias Howlet was found at Hickes-hall 12 Octob. instant Proclamation of the Court being made Clerk of the Crown SET William Hewlet alias Howlet to the Bar which was done accordingly Cl. William Hewlet alias Howlet hold up thy hand Thou standest Indicted of High Treason in the County of Middlesex by the name of William Hewlet alias Howlet for that thou c. How sayest thou art thou guilty of the High Treason whereof thou hast been Indicted and art now arraigned or not guilty Hewlet I am not guilty my Lord. Clerk How wilt thou be tryed Hewlet By God and the Country Cl. God send thee a good delivery Set him aside Octob. 15. 1660. Clerk of the Crown Set Axtell to the Bar which was done accordingly Clerk Daniel Axtell hold up thy Hand Axtell Pray my Lord let me have Pen and Ink. L. Ch. Bar. Give Mr. Axtell Pen and Ink. Cler. Daniel Axtell these men that were last called of the Jury are to pass c. if you will challenge them or any of them you must challenge them when they come to the Book before they are sworn L. Ch. Bar. Do you know how many you have liberty to challenge because I would not have you misinformed 35 you may challenge peremptorily and no more Axtell I thank you Lordship L. Ch. Bar. Unless you have any particular cause if so you may challenge more Axtell I confess I am wholly ignorant of the law John Kirke John Smith Thomas Morris Ralph Halsell John Sherecroft Francis Beale Robert Cromwell John Gallyerd John Shelbury George Rithe were called and by the Prisoner challenged Thomas Bide Charles Pitfield Robert Sheppard William Dod Thomas Vsman William Maynerd George Plucknet Samuel Harris John Nicoll of Hendon Henry Marsh Thomas Bishop Thomas Snow in all 12 were admitted and sworn of the Jury Cler. of the Crown If any man can inform my Lords the Kings Justices c. Cl. Daniel Axtell hold up thy hand Look upon the prisoner you that are sworn and harken to your charge you shall understand that the prisoner stands Indicted c. K. Council May it please your Lordships and you Gentlemen that are Sworn of this Jury The High Court
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